Terms and Conditions – Paradigm Accounting

Introduction

These Terms and Conditions (the "Terms") form part of the overall agreement ("Agreement") between you and Paradigm Accounting, along with the Engagement Letter provided to you. Where inconsistencies arise between these Terms and the Engagement Letter, the Engagement Letter will prevail. If no Engagement Letter is in place, these Terms will still govern our services.

For the purposes of this Agreement, "Paradigm Accounting" refers to the firm, its partners, and its employees.

Our Responsibilities

We will deliver the services outlined in your Engagement Letter ("Services") using reasonable commercial care, skill, and timeliness, maintaining the standards required under the applicable professional and ethical obligations set out by the Accounting Professional & Ethical Standards Board (APESB).

Please be aware that we will not conduct an audit or review as a service to be performed for you and accordingly, no assurance will be expressed. Unless specified above as a service to be performed for you, this engagement cannot be relied upon to disclose irregularities including fraud, other illegal acts and errors that may occur. However, should any significant issues in your accounting systems or controls come to our attention during our work, we will inform you.

Your Responsibilities

You and your staff are responsible for ensuring that your accounting systems and internal controls are adequate. We rely on the accuracy and completeness of the information and documentation you provide. You agree to provide Paradigm Accounting all the necessary information including access to records, information, technology systems and other resources. We will not independently verify this data unless agreed otherwise. Our engagement will not disclose fraud, defalcations or other irregularities which may occur.

You remain solely responsible for any use of, or reliance upon, the advice or recommendations we provide in the course of delivering our services.

If your circumstances change in a way that may render previously supplied information inaccurate or misleading, you agree to notify us promptly and take appropriate corrective action where needed.

Where our engagement includes tax return lodgements:

  • Any advice we provide is based solely on the information you give us.
  • You are responsible for the accuracy and completeness of all information relating to your tax affairs.
  • You must retain records supporting your tax returns for at least five (5) years.
  • Although the Commissioner of Taxation generally accepts income tax returns as lodged and issues assessments without adjustment, these returns may be reviewed within four (4) years after the tax becomes due and payable. In cases involving fraud or evasion, there is no time limit for amending assessments. Therefore, it is essential to review your return carefully before signing to ensure its accuracy. If the application of tax law to your situation is unclear, you may request a private ruling by submitting a detailed description of all relevant facts and supporting documentation. A private ruling only applies if your actual actions match the facts outlined in the ruling; otherwise, it becomes ineffective. When you rely on a valid private ruling, the Commissioner must follow it unless it is incorrect, and a more favourable outcome would result from applying the law properly. If you disagree with the ruling or if the Commissioner fails to issue one, you may lodge an objection—provided the ruling concerns income tax, fuel tax credits, or fringe benefits tax—subject to time limits that vary depending on whether an assessment has been issued for the matter or period in question.

You agree to pay our fees as outlined in this Agreement and the Engagement Letter.

Confidentiality and Privacy

All information we obtain during our engagement is treated as confidential and will not be disclosed without your consent, unless required by law or professional obligation. I am bound by the provisions of the Privacy Act to maintain all your records securely and in accordance with the provisions of that Act. Any breach of these requirements should be notified to the Privacy Commissioner.

As a member of the Institute of Public Accountants (IPA), we are subject to the IPA's Quality Review Program mandated by the International Federation of Accountants (IFAC) QRP reviews assess member compliance with the professional and ethical standards and by accepting our terms you acknowledge that, if requested by the IPA, files relating to this engagement may be made available for QRP review. Unless otherwise advised, you are consenting to your files being part of QRP review.

We may collect personal information during the provision of our services. You agree to comply with all obligations under the Privacy Act 1988 (Cth), including ensuring any personal data provided to us has been lawfully obtained. We may store some data overseas where required by third-party service providers.

Ownership of Documents

Original documents you provide remain your property. We reserve the rights to retain copies of original documents for our records.

Ownership of financial reports, tax returns, and similar deliverables prepared during the engagement vests in you. All other working papers, file notes, and internally prepared documentation remain our property. We reserve the right to exercise a lien on client documents in the event of a dispute.

Use of Advice

Unless otherwise expressly stated in the Engagement Letter, any advice, opinion, or information provided by Paradigm Accounting in connection with our services is intended solely for your benefit. It must not be disclosed, reproduced, or published whether in print, online, or through any electronic medium—to any third party, nor should it be relied upon by any other person or entity.

During the course of our engagement, we may provide oral, draft, or interim advice, reports, or presentations. In such cases, our final written advice or report will take precedence, and no reliance should be placed on any draft, interim, or oral communication. If you wish to rely on oral advice or an oral presentation, you must notify us, and we will confirm the advice in writing.

Paradigm Accounting has no obligation to update any advice or report—whether oral or written—after it has been issued in its final form, to reflect events or changes occurring after that date.

Electronic Communications

By requesting documents to be sent electronically, you acknowledge and accept the risks associated with email, including possible delays, interception, or system damage.

You should not rely on electronic communications unless confirmed in a signed document from an authorised representative of Paradigm Accounting.

Fees and Payments

Fees specified in the Engagement Letter apply through to 30 June. Fees may be revised annually thereafter. Out-of-pocket expenses incurred on your behalf will be added to our invoices. All invoices must be paid within 14 days. If overdue, we reserve the right to suspend services until payment is made.

Events required to be disclosed

In accordance with the Tax Agent Services (Code of Professional Conduct) Determination 2024 (the Determination), I advise you that there are no events which have occurred within the last 5 years which require disclosure.

Complaints and Dispute Resolution

We welcome feedback and are committed to resolving any issues promptly. Please contact the partner or director identified in your Engagement Letter. Please also read our complaint policy available on our website.

Should a matter remain unresolved, both parties agree to pursue mediation or an alternative resolution process before initiating legal proceedings. We may suspend services in the event of unresolved disputes or unpaid fees, without waiving your responsibility to pay for services delivered up to that point.

TPB register and complaints process

The TPB maintains a register of tax agents and BAS agents (tax practitioners) and this register can be accessed and searched at https://www.tpb.gov.au/public-register. The TPB's register confirms that Paradigm Accounting is a registered tax practitioner with no conditions imposed on its registration. All complaints should be raised with us at first instance with the view that your concerns can be resolved amicably between us. In the event that your concerns cannot be satisfactorily resolved, you may wish to raise a complaint with IPA and/or the TPB:

Further information is contained in an Information for Clients document on TPB's website: https://www.tpb.gov.au/sites/default/files/2024-10/Information%20for%20clients%20factsheet.pdf.

Termination

Either party may terminate this Agreement by giving written notice if the other party:

  • Commits a material or repeated breach of its obligations under this Agreement;
  • Becomes insolvent or is placed into administration, liquidation, or receivership; or
  • Has services suspended due to non-payment of outstanding fees.

Paradigm Accounting may also terminate this Agreement immediately by written notice if there is a change in law, regulation, professional standard, or circumstance which, in our reasonable opinion, would make it unlawful or professionally improper for us to continue providing the services under this Agreement, or would compromise our ability to comply with applicable independence or ethical requirements.

Termination of this Agreement will not affect any rights or obligations that have accrued before the date of termination. Upon termination, all amounts owing to Paradigm Accounting become immediately due and payable in full.

Limitation of Liability

Our liability is limited under a professional standards scheme approved by the Professional Standards Councils. A Professional Standards Scheme ("Scheme") is a legal instrument that binds professional associations to monitor, enforce, regulate and improve the professional standards of members. It identifies the IPA and IPA members as recognised professionals who demonstrate a commitment to regulation under the professional standards legislation. Details can be found at www.psc.gov.au.

To the extent legally allowed, we are not liable for losses caused by your negligence or the actions of others for whom you are responsible.

Indemnity

You agree to indemnify and hold harmless Paradigm Accounting, including its partners, employees, and agents, from and against any and all losses, claims, costs, expenses, actions, demands, damages, liabilities, or proceedings of any kind incurred in connection with any third-party claim that arises from or relates to your breach of obligations under this Agreement.

Paradigm Accounting shall not be liable for any loss, claim, damage, cost, or liability arising from reliance on information provided by you or your representatives that is false, misleading, or incomplete. You agree to indemnify and hold harmless Paradigm Accounting against any liability to you or a third party resulting from our reliance on such inaccurate or incomplete information.

Where Paradigm Accounting provides payroll processing services, you acknowledge that this does not include workplace relations advice or compliance with industrial relations legislation. You expressly indemnify Paradigm Accounting from any loss, fine, damage, penalty, or accessorial liability arising from employee or industrial relations disputes, including but not limited to award interpretation, underpayment claims, or Fair Work matters.

Force Majeure

Neither party shall be held liable for failure to perform its obligations where such failure arises from events beyond its reasonable control (e.g. natural disasters, war, regulatory changes, etc.). The affected party must make reasonable efforts to resume performance as soon as practicable.

Reliance on Our Services

You acknowledge and agree that any advice, recommendations, information, or work product provided to you by Paradigm Accounting as part of this engagement is intended solely for your use and benefit. If you choose to share any such advice, recommendations, information, or work product with a third party, you agree to inform them in writing that it was prepared exclusively for you, taking into account your specific circumstances and the agreed scope of our engagement. It is not intended for use or reliance by any other person or entity.

Should a third party bring a claim in relation to our services based on your failure to comply with this requirement, you agree to indemnify and hold harmless Paradigm Accounting and its personnel against any resulting claims, liabilities, losses, costs, or expenses, including legal fees and disbursements.

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