TERMS OF USE

Nanak Accountants & Associates Pty Ltd
ABN: 47 648 226 804
Website: www.nanakaccountants.com.au
Email: [email protected]
Phone: 1300 626 258

Last Updated: 19.02.26

1. Introduction

These Terms of Use (“Terms”), together with our Engagement Letter and Privacy Policy, govern your use of our website and any professional services provided by Nanak Accountants & Associates Pty Ltd (“Nanak”, “we”, “us”, “our”).

By accessing our website or engaging our services, you agree to be bound by these Terms.

If there is any inconsistency between these Terms and an Engagement Letter, the Engagement Letter prevails.

2. Our Services

We provide accounting, taxation, business advisory, SMSF, payroll, company registration, trust setup and related professional services as outlined in your Engagement Letter.

We will perform our services with reasonable skill and care in accordance with applicable professional standards.

3. Your Obligations

You agree to:

• Provide complete and accurate information
• Provide timely access to records, systems and staff
• Notify us immediately if information becomes inaccurate
• Retain responsibility for decisions made based on our advice
• Pay our fees in accordance with agreed terms

We are entitled to rely on information provided by you without independently verifying it.

4. Confidentiality

Both parties agree to maintain strict confidentiality of all information obtained during the engagement, except where disclosure is required:

• By law
• By court order
• By regulatory authorities (ATO, ASIC, TPB)
• For internal compliance or risk management
• To protect legitimate business interests
  
  

5. Reliance on Advice
   

Advice provided by Nanak:

• Is for your sole use
• Is based on the information you provide
• Must not be relied upon by third parties without written consent

Oral or draft advice should not be relied upon unless confirmed in writing.

We are not obligated to update advice for events occurring after issuance.

6. Electronic Communication

If you request electronic transmission of documents:

• You accept risks associated with electronic transmission
• You release us from claims relating to unauthorised access post-transmission
• You acknowledge potential delays or non-delivery
• You accept risks of viruses or system damage

Electronic advice is not to be relied upon unless confirmed in writing.

7. Fees & Payment Terms

• Fees are as stated in your Engagement Letter
• Fees may be reviewed periodically
• GST is payable in addition to fees
• Payment terms are 14 days unless otherwise agreed
• Interest may apply on overdue accounts
• We may suspend services for unpaid fees

You are responsible for reimbursing professional time and expenses if we are legally required to produce documents or attend proceedings relating to your matter.

8. Suspension & Termination

Either party may terminate the agreement if:

• A material breach occurs
• Insolvency arises
• Services are suspended for unpaid fees

We may terminate immediately if changes in law or professional standards prevent continued service.

Termination does not affect accrued rights or outstanding payments.

9. Limitation of Liability

Limited Liability Scheme Notice

Liability limited by a scheme approved under Professional Standards Legislation.

To the maximum extent permitted by law:

• We exclude liability for indirect or consequential loss
• We exclude liability for loss of profits or data
• Our liability is limited to the amount permitted under the applicable professional standards scheme

Where a professional standards scheme does not apply, liability is limited to ten (10) times the professional fees paid for the services giving rise to the claim.

Nothing in these Terms excludes liability that cannot be excluded by law.

10. Indemnity

You indemnify Nanak against losses, claims or liabilities arising from:

• False, misleading or incomplete information provided by you
• Third-party reliance on advice provided to you
• Breach of your obligations under this Agreement

11. Website Use & Digital Services

You must not:

• Attempt to breach website security
• Introduce malicious software
• Access unauthorised systems
• Reverse engineer software
• Misuse calculators or tools

Website calculators provide estimates only and must not be relied upon as professional advice.

12. Intellectual Property

All content, including:

• Website materials
• Templates
• Calculators
• Branding
• Reports
• Documents

remain the property of Nanak Accountants & Associates or its licensors.

You may not reproduce or commercially exploit any content without written consent.

You retain ownership of your data but grant us a licence to use, store and back up your data for service delivery purposes.

13. Data & Backup

You must maintain your own backup copies of data.

While we implement best-practice backup procedures, we do not guarantee against data loss.

We are not liable for data loss unless caused by gross negligence or wilful misconduct.

14. Third-Party Applications

If you use third-party applications in conjunction with our services (e.g., Xero, QuickBooks, MYOB):

• You acknowledge such providers may access your data
• We are not responsible for data disclosure or loss caused by third parties

15. Privacy

We comply with the Privacy Act 1988 (Cth) and Australian Privacy Principles.

Please refer to our Privacy Policy for full details.

16. Force Majeure

We are not liable for failure to perform obligations due to events beyond reasonable control, including:

• Natural disasters
• Government actions
• Cyber incidents
• Infrastructure failures
• Pandemic or emergency restrictions

17. Governing Law

These Terms are governed by the laws of the State of Victoria, Australia.

You submit to the exclusive jurisdiction of Victorian courts.

18. Variation

No variation of these Terms is valid unless:

• Confirmed in writing by both parties, or
• Accepted electronically in connection with updated service offerings