Terms of Engagement

Tax Services Terms 

Engagement 

POP Pty. Ltd. (‘POP’) will provide you (‘the Client’) the following services: 

  1. tax return lodgement for the relevant financial year. (‘Services’). 

In authorising POP to provide you with the Services, you agree to engage POP as your registered tax agent (tax agent no. 25796386) under the Tax Agent Services Act 2009 (Cth) in order to perform the Services. 

These Terms are in addition to the general Terms and Conditions of use and Privacy Policy and supplement those documents. In the event of any discrepancy, the Terms and Conditions and Privacy Policy prevail. 

Interpretation 

Certain capitalised words appearing in these Terms have defined meanings.  The definitions of these terms are set out below: 

Expenses means, without limitation, all costs and expenses (including all reasonable legal fees on a full indemnity basis and disbursements of any consultants or contractors incurred by POP howsoever arising in relation to the Activities. 

Losses means all losses, claims, actions, proceedings, demands, expenses, damages, obligations or liabilities of any kind. 

Party means all of, or if the context requires, any one or another of POP, the Client and any other individual or entity executing an acknowledgement to be bound by these Terms and Conditions. 

Terms means these service terms. 

Provision of information 

POP will rely on the completeness and accuracy of the information provided to POP by the Client or its agents or advisors for the accuracy in providing the Services. The Client must inform POP promptly of any changes to information previously provided to POP by it. POP takes no responsibility for the preparation of that information and will not be liable for anything arising out of inaccuracy or incompleteness of information provided by the Client or its agents. 

The Client undertakes to provide POP with access to necessary information to the extent that it is relevant to the provision of the Services in a timely manner. 

Release and limitation of liability 

The Client agrees the limitations on liability set out in this section in favour of POP.  The limitations and exclusions are accepted by the Client to be fair and reasonable and are given in consideration of the Services POP performs for the Client. 

The Client agrees that POP and its affiliates and related bodies corporate (as defined in the Corporations Act) do not have any liability (howsoever arising), to the Client (nor to any related body corporate or any related party of the Client in connection with the Services except to the extent to which (i) it is not permissible by law to exclude, restrict or modify liability and (ii) there are Losses incurred by the Client that have resulted primarily from actions taken or omitted to be taken by POP illegally or in bad faith. 

In all cases, POP’s liability for any loss or causes of action arising in relation to the Services including for negligence, is limited as set out below: 

  1. where a scheme approved under professional standards legislation applies, in the manner provided by that scheme; or 
  2. where a scheme or professional standards legislation does not apply, to the amount that is the lesser of the total sum of any fees paid for the Services; 
  3. no matter the circumstances, POP’s maximum liability to the client is only the proportion of the total Losses that POP has caused or to which POP has contributed; and 
  4. POP will not be liable for any indirect losses, howsoever arising. 

 

The Client acknowledges and confirms that it has not relied on any representation given by POP in engaging POP to provide the Services.  The Client agrees that all warranties, conditions, liabilities or representations in relation to the quality of fitness of the Services (other than any being or giving rise to non-excludable rights under any laws in force in any applicable jurisdiction) which might be implied by law or otherwise are hereby expressly negatived and excluded. 

Indemnities 

The Client agrees to indemnify and hold harmless POP and against all Losses arising out of or in connection with this Engagement Letter and the performance of the Services. 

Without limiting the generality of the above, the Client agrees to reimburse, indemnify and hold harmless POP for all Expenses (including, without limitation, legal fees on a full indemnity basis or solicitor and own client basis, whichever is the higher, and disbursements of counsel) incurred by POP in connection with investigating, preparing or defending any potential, threatened or actual investigative, administrative, judicial or regulatory action or civil or criminal proceeding of any nature whatsoever in any jurisdiction arising out of or in connection with the performance of the Services. 

However, the Client will not be responsible for any Losses (including Expenses) that are finally judicially determined to have resulted primarily from actions taken or omitted to be taken by POP illegally or in bad faith.  

Confidentiality 

The Client and POP will take all reasonable steps to preserve and protect the confidentiality of all confidential information obtained or generated in connection with the provision of the Services.  POP may only use or disclose the confidential information of the Client for the purposes of carrying out the Services or as the Client may otherwise authorise.  POP will disclose this information only to those of its directors, employees, agents and contractors on a need-to-know basis to perform the Services. 

POP’s confidentiality obligations will not apply to information which is available to it on a non-confidential basis (that is, all information available in the public domain) or which must be disclosed by law, pursuant to any requirement of a Court or a governmental or regulatory agency. 

Governing law and jurisdiction 

These terms and all aspects of this engagement and the performance of the Services are governed by, and construed in accordance with, the laws of the State of New South Wales.   

Independent Contractor 

POP will provide the Services as an independent contractor.  Nothing will be construed to create a partnership, joint venture or other relationship.  No party has the right, power or authority to oblige or bind any other party in any other matter. 

Dispute resolution  

Should the Client have any complaints about the Service provided, it should contact the contact POP.  If the Client is not satisfied with the response received from the contact at POPthe Client may make a complaint to the Tax Practitioners Board. The complaints form can be found at https://www.tpb.gov.au/om_complaints_external 

 

 

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