These terms of business apply to the engagement of Nexia Court & Co and any associated entities (“Nexia”) by you (“you”), both collectively referred to as the “parties”. These terms and the Engagement Letter form the Contract (“Contract”) between the parties for the Services.
Engaging or continuing to engage Nexia to provide its services, will confirm your acceptance of these standard terms.
Services
Nexia will provide the Services described in the Engagement Letter. Such services will be conducted in accordance with the relevant professional and ethical standards issued by the Accounting Professional & Ethical Standards Board (APESB).
Timescale
Nexia will endeavour to carry out our obligations in accordance with the timescales set out in the Engagement Letter. However, unless both parties specifically agree otherwise in writing, the dates contained in the Engagement Letter are indicative dates intended for planning and estimating purposes only and are not contractually binding. Any estimates of time for completion of the Services are given on the assumption Nexia receives co-operation and commitment from you.
For the avoidance of doubt, Nexia will not be liable for any failure or delay in performing the services if that failure or delay arises from anything beyond its control – including the untimely provision of information by you.
Changes to Services
Either of the parties may request changes to the Services as set out in the Engagement Letter. Both parties agree to work together to enable both parties to assess the impact of any requested changes on the cost, timing and any other aspect of the Services.
Nexia Engagement Team
Where specific Nexia partners and staff are named in the Engagement Letter, Nexia will use reasonable efforts to ensure that these people are available to provide the Services. Where any changes are necessary, Nexia will give you reasonable notice of the changes. Staff have been allocated to the engagement based upon Nexia assessment of the levels of experience, skills and responsibility involved.
Information
You agree to provide in a timely fashion all information and documents reasonably required to enable Nexia to provide the Services. Unless otherwise stated in the Engagement Letter, Nexia will not independently verify the accuracy of such information and documents and will not be liable for any loss or damage arising from any inaccuracy or other defect in any information or documents supplied by you.
Responsibilities and confidentiality
In conducting an engagement, information acquired by us in the course of the engagement is subject to strict confidentiality requirements. That information will not be disclosed by us to other parties except as required or allowed for by law or professional standards, or with your express consent.
We wish to draw your attention to our firm’s system of quality control which has been established and maintained in accordance with the relevant APESB standard. As a result, our files may be subject to review as part of the quality control review program of the Institute of Chartered Accountants which monitors compliance with professional standards by its members, Our files may also be subject to inspection by ASIC under their review processes.
We advise you that by accepting our engagement you acknowledge that, if requested, our files relating to this engagement will be made available under this program. Should this occur, we will advise you. Clients are required to arrange for reasonable access by us to yourself and your documents, and shall be responsible for both completeness and accuracy of the information supplied to us.
How fees will be calculated
Our fee is based on the expected amount of time and the level of staff required to complete the service as outlined in our engagement letter. In addition we may charge for disbursements we incur on your behalf. This fee arrangement may be subject to change if any circumstances come to our attention which may have an impact upon the scope of work. Should this occur, we will advise you before commencing the additional work. Our terms of payments are 14 days from the date of invoice.
Expenses
All charges are exclusive of expenses unless the Engagement Letter states otherwise. You agree to pay Nexia’s reasonable travel, subsistence and document handling costs (photocopying, scanning and imaging, printing, fax and courier, etc) incurred in connection with the Services. Any special expense arrangements will be agreed in advance and maybe set out in the Engagement Letter.
Performance
Nexia’s performance is dependent on you carrying out your responsibilities as set out in the Engagement Letter and you providing all information reasonably requested by Nexia in a complete and timely manner. Should this not occur, it may lead to an increase in fees depending upon the extent to which Nexia has to perform more work or reschedule commitments to deliver the agreed Services. Alterations to the scope of works or delays beyond the control of Nexia may require a reallocation of engagement staff and a renegotiation of fees.
Limitation of Liability
Our liability is limited by a scheme approved under Professional Standards Legislation. Further information on the scheme is available from the following website: http://www.Nexiacourt.com.au/liabilitylimitation.php
International Network
The firm is a member of Nexia Australia and Nexia International which do not accept any responsibility for the commission of any act, or omission to act by, or liabilities of, any of its members.
Nexia International is a world wide network of independent accounting and consulting firms.
Membership of Nexia Australia and Nexia International, or any associated organisations, does not constitute any partnership between members and members do not accept any responsibility for the commission of any act, or omission to act by, or the liabilities of, any other members.
The umbrella bodies Nexia Australia and Nexia International provide no services to clients. All services are provided by the independent member firms.
Ownership of Documents
All original documents obtained from you arising from the engagement shall remain your property. However, we reserve the right to make a reasonable number of copies of the original documents for our records.
We will forward you copies of the income tax returns which are prepared on your behalf. Ownership of these documents will vest in you. All other documents produced by us in respect of the engagement will remain the property of Nexia.
