Terms of Engagement
Introduction
These Terms of Engagement ("Terms") set forth the agreement between Nanak Accountants ("Nanak", "us", "we", or "our") and you ("Client", "you", or "your") regarding the services we will provide ("Services"). These Terms, along with your Engagement Letter, form the complete agreement between us. If there is any conflict between these Terms and the Engagement Letter, the Engagement Letter shall prevail.
Our Services
Nanak Accountants will provide the services outlined in your Engagement Letter. We will use all reasonable efforts to deliver the Services efficiently, timely, and with the necessary skill and expertise to meet appropriate professional standards.
Your Obligations
You agree to pay for the Services according to the terms outlined in the Engagement Letter.
You will promptly provide Nanak with all information necessary to perform the Services effectively. This includes access to relevant personnel, records, information, technology, systems, and premises.
You acknowledge that Nanak will rely on the accuracy of the information you provide without independent verification.
You are responsible for using or relying on any advice or recommendations provided by Nanak.
You agree to promptly notify Nanak if any information you provide becomes untrue, unfair, or misleading. You will also take steps to correct any announcements, communications, or documents affected by the inaccurate information.
You understand that information shared with Nanak personnel not directly involved in your engagement may not be considered shared with the team working on your Services.
Confidentiality
Both parties acknowledge that they may be exposed to confidential information during the engagement. We both agree to keep such information confidential and not disclose it except as required by law, court order, regulatory bodies, internal policies, or to protect our legitimate interests.
Staff
During the engagement and for six months following, you agree not to solicit or hire any Nanak partner or employee involved in your Services without our prior consent.
Benefit of Advice
Any advice or opinion related to the Services is solely for your benefit. You may not disclose it to any third party without our written consent. We are not obligated to update advice or reports for events occurring after the final version is issued.
Electronic Communication
If you request electronic transmission of documents, you release us from any liability for unauthorized copying, recording, reading, or interference with the document after transmission. You also acknowledge the risk of delay, non-delivery, or damage caused by transmission (including viruses). You cannot rely on electronically transmitted advice or opinion unless confirmed by fax or signed letter.
Fees, Expenses, and Payment Terms
Time-based fees quoted in the Engagement Letter or separately are subject to change after December 31st or June 30th (whichever comes first). We review our fees biannually.
You will be charged for out-of-pocket expenses incurred during the engagement.
All fees are exclusive of Goods and Services Tax (GST). If applicable, GST will be added to your final invoice.
Accounts are due within 14 days of the invoice date. Late payments may incur a 2% interest charge above the 180-Day Bank Bill Rate.
If we are required to produce documents, answer inquiries, attend court, or respond to similar requests related to the Services due to legal or regulatory processes, you will reimburse us for our professional time, expenses, and reasonable legal fees incurred in dealing with these matters.
Problem Resolution
If you have any concerns about the Services, you are encouraged to discuss them with the partner or director identified in the Engagement Letter. We will investigate any complaints promptly and strive to resolve them. Our preferred method for problem resolution is via email to [email address removed] for proper documentation.
If a problem cannot be resolved through discussion, we both agree to attempt mediation or alternative dispute resolution before commencing legal proceedings. We reserve the right to suspend Services until a dispute is resolved or fees are paid in full. Suspension will not affect your obligation to pay for Services rendered before suspension.
Termination
This Agreement may be terminated by either party in the following situations:
- Material or persistent breach of obligations not remedied within 14 days of written notice.
- Insolvency of either party.
- Service suspension exceeding 10 business days.
- Change in law or circumstance that prevents Nanak from continuing the Services in compliance with professional standards or otherwise prejudices our ability to comply with applicable regulations.
- Termination must be made by written notice to the other party.
Limitation of Liability
These Terms establish limitations on our liability to you in case of a claim. These limitations are considered fair and reasonable given the services provided, the fees charged, and the availability of insurance.
These Terms, along with the Engagement Letter, are the only communications governing our relationship. Nanak excludes liability for any statements, representations, guarantees, conditions.
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Services
Contact Info
1/16 Prosperity St, Truganina VIC 3029
09:00 AM to 05:00 PM
Monday - Saturday
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