Saving Point – Terms of Engagement
- The Agreement
The agreement (Agreement) between you the customer (Customer or you) and Saving Point (Saving Point or we) is outlined in these terms of engagement. The agreement between us supersedes any prior discussions, arrangements or understanding. In accepting these terms of engagement, you are instructing Saving Point to proceed and will be deemed to have read and agreed to the Agreement.
This Agreement shall be governed by the laws of Victoria and the parties submit to the exclusive jurisdiction of the court of the state of Victoria and any courts taking appeals from these courts. This Agreement is made in Melbourne Victoria notwithstanding that you may reside and or operate your business outside of Victoria.
This Agreement may only be amended by agreement of the parties in writing.
- The Services
Scope – We will perform the services described in our proposal with reasonable skill and care.
Our services are designated for your benefit and take into consideration the information you have provided us. The benefit of our services and any deliverable cannot be shared by you with third parties for any reason except with your specialist advisors such as lawyers, accountants or business coaches. You must not publish our deliverables unless we consent to such publication.
We will provide you with any deliverables forming part of our services in writing. You can only rely on the final deliverable as complete service. You cannot rely on any draft deliverable or any verbal communication.
Saving Point expressly disclaims and you expressly release Saving Point from any liability whatsoever and howsoever incurred by third parties in connection with the services we provided you. If you breach this Agreement, you agree to indemnify us against all losses, costs (including legal cost) and expenses we incur as a result of your breach of this Agreement.
- What do we expect of you?
(a) You must provide all information and documentation which we should take into account in applying the taxation laws. We are registered with the Tax Practitioners Board under Part 2 of the Tax Agent Services Act 2009. Any failure by you to provide all such information and documentation, both voluntarily and in answer to our questions, may affect your ability to access the safe harbour provisions and will be taken into account when assessing our obligations under the Code.
(b) Taxation Information:
The Taxation Administration Act 1953 provides “Safe Harbour” from administrative penalties for incorrect or late lodgement of returns.
In order to provide you with the services in a timely manner and qualify for the “Safe Harbour” provisions of the Taxation Act, we may need access to your taxation information from time to time. You must provide us with that information or access to your taxation portal.
If we receive notice of the production of documents from any government agency, we must abide by that notice. We will advise you of the notice following which we will provide the necessary information as required by the government agency. You must reimburse us for any cost we incur in complying with the notice.
- Confidentiality and Privacy
It is agreed by the parties that other than information that is in the public domain, all information exchanged between the parties in relation to the services is confidential and is owned respectively by the disclosing party. Each party must protect the confidential information of the other party and not disclose or use it in any way unless authorised in writing by the other party. We may refer to the work we have done for you including your name as a business reference on our website or communication to other clients.
We may retain records of the services for 7 years and then we reserve the right to destroy these records.
You acknowledge that our ability to provide the services is dependent on your cooperation and the provision of information. We will endeavour to provide you with the services with due skill and diligence. If we are held liable for any act or omission under the services, the maximum liability that may be imposed on us is to either re-provide the service or the maximum monetary liability is the fees we charged for the services.
We specifically exclude all liability with respect to interruption of data, loss of profit, good will, loss of opportunity, loss of savings, indirect and consequential losses and or damage.
Any claim must be brought against Saving Point and not against its employees or directors within 6 months of the services being provided. Any claim brought against Saving Point after the 6 months’ deadline is barred.
- Notices and Communication
Each notice or communication under this Agreement must be in writing and sent to the address of the other party. Electronic communication is expressly permitted under this Agreement. In the event of a dispute, any electronic communication must be followed by a hard copy communication.
If we develop any electronic tools as part of the services, we own the intellectual property in these tools and we may share these tools with you at our discretion unless the tools form part of the service deliverables.
We may use subcontractors in the delivery of the services, provided we remain liable for their act or omission.
If a dispute arises under the Agreement, the parties must allocate such resources as are necessary to resolve the dispute by negotiations and mediation. Failing that, either party may commence the action in court.
We provide the services to you as an independent contractor and nothing in this Agreement shall be interpreted to create a joint venture, partnership or employer-employee relationship.
A party will not be liable to the other for failure to fulfil an obligation (other than payment obligations) if the failure to perform is due to an event which is beyond the direct or indirect control of that party. The affected party must endeavour to remove and resolve the obstacle to performance.
This Agreement is a nonexclusive appointment and Saving Point is entitled to provide similar services to any other client in the market, including your competitors.
Neither party may assign or deal with this Agreement unless consented to by the other party.
Saving Point owns the intellectual property in any process or data provided to you. Any information or document provided to you is protected by copyright and is owned by Saving Point.