Terms and conditios
Last updated 20 March 2019; replaces prior versions in their entirety.
These Terms and Conditions apply to all work provided by MBooks Business & Accounting Solutions Pty Ltd.
If you have any questions, please email [email protected]
“You” is the client, its employees and agents.
“We”, “Us” and “Our” “MBooks” is MBooks Business & Accounting Solutions Pty Ltd, its employees and agents.
1. QUOTES AND PROPOSALS
1.1. All quotes and proposals are valid for 30 days from send date.
1.2. All quotes cover the fixed fee for the specified scope of bookkeeping and optional additional services. See section 2.
1.3. Where the scope is exceeded (per section 2) additional charges apply (as per section 4.2).
1.5. This quote does not include (unless specifically stated):
1.5.1. Meetings and discussion time outside of the scope per section 4.
1.5.3. Travel time for onsite meeting and expenses for reimbursement per section 13.4.
2. SCOPE AND CHANGES
2.1. Scope will be reviewed by us at the end of each month and financial quarter to ensure that the scope has not changed.
2.2. Scope changes include, but are not limited to, additional time required. Additional time can be due to a change in your volume of data file transactions or queries, enquiries and missing Tax Invoices. Volume of data and queries can arise from using business accounts for personal transactions, or using personal accounts for business transactions.
2.3. Scope changes can arise from additional asset purchases, addition of bank accounts or credit cards, loans and other kinds of financing.
2.4. Scope changes can arise when you ask us to do any additional work not listed in the Scope and Fees section of this letter.
2.5. Any changes in the scope of work will be notified to you in writing and additional fees/charges will be applied. Additional fees come into effect from your next invoice, to cover time and expenses required to complete any new work.
2.6. A “change of scope” letter will be sent to you via PandaDoc and must be approved and paid before work can restart.
3. PAYMENT TERMS
3.1 NEW CLIENT FEES
3.1.1. New Client Onboarding Fees including Processes, Training or Catch Up Bookkeeping/BAS Lodgement fees must be paid in advance. A non-refundable deposit of 50% of the total must be paid prior to commencement of work. .
3.1.2. Where the amount is less than $1,000+GST, the full amount is due before work can begin.
3.1.3. The tax invoice for this deposit will be issued upon the signing of this document/agreement, with a due date of 7 days from date of invoice.
3.1.4 The deposit tax invoice must be paid by Direct Debit . See section 3.3.
3.2 BOOKKEEPING FEES
3.2.1 Monthly Tax Invoices are issued on 21st of each month with payment terms of 7 days from date of invoice.
3.2.2. Your bank account or credit card will be charged on the due date, which is the 28th of the month (except where that date is a weekend, then it will be charged on the next Business Day).
3.2.3 We reserve the right to charge a $25+GST administration fee for any rejected payments. We ask that if, for some reason, you need to pay late, that you let us know before the charge is rejected.
3.2.4 We retain the right to review our fees annually and will provide 30 days’ notice. We are, however, committed to delivering value for money and will adjust our rates in accordance with market conditions.
3.3. PAYMENT METHOD
3.3.1 Our payment method is Direct Debit via Practice Ignition.
3.3.2 Once proposal is accepted, you will directed to a payment page where you can enter your Credit Card or Bank Account details.
3.3.3 A tax invoice will be issued 7 days prior to the amount being charged to your account. The due date in the invoice will be the charge date, unless it falls on a weekend or public holiday. In this case the card will be charged the next business day.
3.3.5 All invoices are billed for the month in advance.
3.3.6 Your nominated credit card or bank account will be automatically charged for the invoice amount on the due date, which is 7 days from invoice date (see 3.2.1).
3.4 TERMINATIONS AND REFUNDS
3.4.1 You may terminate your bookkeeping service by supplying written notice at least 14 days prior to the intended cessation of service.
3.4.2 The minimum termination fee is equivalent to 3 months of fees, or as determined by us. This fee covers any work that has been completed in the past quarter that has not been covered by the billing to date.
3.4.3 There are no refunds available.
3.4.4. We reserve the right to amend this termination and refund policy without notice.
3.5 OVERDUE PAYMENTS AND FEES
3.5.1. MBooks reserves the right to suspend services if there is an outstanding invoice of more than 30 days.
3.5.2 Any debts beyond 30 days (unless a prior payment arrangement has been entered into) will be referred to a debt collection agency and any costs associated in recovering such debts will be passed onto you.
3.5.3 Interest may be charged on overdue accounts at a rate of 10% for the first 21 days overdue and 20% thereafter.
3.5.4 If we engage a third party organisation to recover your debt, you are responsible for paying the additional costs involved, including any legal expenses.
3.5.5 We are registered for GST and all invoices will attract and additional charge of 10% representing GST. The GST amount must be paid by you regardless of your GST registration status. Prices quoted in your proposal, as well as Tax Invoices, will clearly show GST exclusive and inclusive amounts. Pricing tables for other services exclude GST unless otherwise stated.
4. MEETINGS, EMAILS and DISCUSSION TIME
4.1 Discussion time is outlined in the description for each line item listed in the proposal / pricing tables and is limited to phone discussion only.
4.2 Additional discussion time with your account manager or bookkeeper is available at $40.00+GST per half hour. This can be arranged and will be added to your final invoice.
4.4 Onsite meetings can be arranged at your request and attract a minimum fee of $40.00+GST for the first half hour.
Amy Is this based on our hourly rate for meeting?
4.5 All discussion time and meetings must be booked in advance, and are dependent on availability.
4.6 Discussions and meetings must be cancelled at least 24 hours before – or the full charge of the meeting will be billed and debited from your nominated card within 7 days. Or in the event that the discussion time falls within the scope of the purchased service, this time will be forfeited.
5. EMPLOYEES AND CONTRACTORS
5.1 By engaging in this agreement you give us permission to allocate any of our staff or contractors to work on your file. You will be notified by email and will be introduced to the staff member before this happens.
5.2 Our staff-base is comprised of Australian-based staff members, or overseas based staff members who are supervised and trained in our processes.
5.3 It is a breach of the agreement we have with our staff and contractors that they approach you to work with you directly.
5.4 It is a breach of this agreement with you if you approach any of our staff or contractors and ask them to work for you directly.
6.1. We endeavour to deliver all work by the agreed timelines and deadlines. However circumstances beyond our control, including major illness or family emergencies may prevent us from getting work to you on time.
6.2. We will inform you within two business days if there are any timeframe issues.
6.3. Unless otherwise agreed you will provide information to by the 14th of the month.
6.4. If we are unable to complete work because we have not received information from you, we do no guarantee that your BAS or IAS will be lodged on time. We accept no responsibility for any associated fines, late fees or interest charged to your account as a result.
7.1. We recognise that it is important to be accessible to our clients whenever possible. The office is open Monday – Friday 9.00am to 5.00pm.
7.2. We appreciate that you will need to contact us from time to time and, often, this need will be urgent.
7.3. Email is the preferred method of contact and we will most likely be able to respond to you within the same working day.
7.4. Nominate one primary contact for all revisions and contact throughout the engagement.
7.5. If you do not communicate with us for 30 days, the engagement will be terminated and the standard termination fee will be charged (See Terminations and Refunds section 3.4.2).
7.6. Provide your accountant’s details and, where possible, we ask that you introduce us to your accountant via email.
8.1. Any signed confidentiality agreement or Non-Disclosure agreement with you, takes precedence over 8.2-8.7.
8.2. We will not disclose any information about you to a third party without your permission.
8.3. You agree not to disclose any information about our pricing structure, processes or documentation.
8.4. We may approach you for a testimonial after the first three months. Provision of the testimonial is not obligatory.
8.5. You give us permission to use this testimonial on our website, social media platforms and other marketing materials, along with your business name and logo.
8.6. We reserve the right to anonymously refer to this engagement in our client case studies, for promotional or educational purposes.
8.7. You agree that during or after the period of this engagement not to disclose any information about MBooks, myself or staff / representatives including but not limited to procedure, practices, business transactions, methods, processes, intellectual property, business dealings, financial dealing, documents and all other materials generated by us.
10.1.1. We are not responsible for any delivery delay if the delay or failure to supply is caused by matters beyond reasonable control including, without limitation:
- Acts of God
- Power failure
- Equipment failure
10.2.1. You are responsible for keeping Tax Invoices and financial records.
10.2.2 We are not responsible for statutory audit of the financial records of any of your business entities.
10.2.3 In the event of an audit being conducted on your accounts, an hourly rate of $128/hr will apply should you require our assistance. We will not express an auditor’s opinion as to the truth and fairness of the financial statements.
10.3.1. We assume no responsibility for consequences resulting from the provision of information and services including but not limited to errors or omissions.
10.3.2. We make every effort to provide you with accurate and reliable information and services, however all information provided is intended solely to give general guidance and you accept full responsibility for its use.
10.4.1. The information provided does not constitute legal, accounting, tax, financial planning or consulting services and we recommend you receive advice from other industry professionals.
11.1.1. Financial statements and any other documents that we are specifically engaged to prepare, together with any original documents given to us by you, shall be your property.
11.1.2. Any other documents created by us, including general working papers, draft documents, processes and forms will remain our property at all times.
11.1.3. If our services are terminated, we shall be entitled to retain all documents that we have prepared or hold until payment in full of all outstanding fees
11.2 XERO SOFTWARE AND DATA
11.2.1. The data contained in the Xero Accounting software, shall be your property.
11.2.2. The software subscription will remain your responsibility for the duration of this engagement. You will be responsible for the payment of monthly subscription, and the total will be on-charged to you in your monthly fees.
11.2.3. If you don’t already have a Xero Accounting software subscription, we will set this up for you.
11.3 RECEIPT BANK SOFTWARE AND DATA
11.3.1. All data and electronic files contained in your Receipt Bank software, shall remain your property.
11.3.2. The software subscription will remain our property for the duration of this engagement. MBooks will be responsible for the payment of monthly subscription, and the total will be on-charged to you in your monthly fees.
11.3.3. If our services are terminated we are able to transfer Receipt Bank subscription into your name. You would then be responsible for taking over the ongoing subscription.
12. CLAIMS AND LIABILITIES
12.1. We are not liable in any way for any direct, indirect, incidental, special or consequential losses or damages resulting from use of services including but not limited to: loss of data and other intangibles; costs or damages resulting from or related to any services purchased or obtained; resulting from unauthorised access to, or alteration of your transmissions or data.
12.2. You agree to indemnify and to hold us harmless against any and all claims, costs, and expenses, including solicitors fees, due to materials included in any work undertaken at your request.
12.3. All documents and financial information provided by you are assumed to be legal and accurate.
12.4. We work hard to ensure our work is free from errors, but we don’t offer an error free guarantee. You are responsible for final approval and to provide us with accurate and timely information.
12.7. We take no responsibility for any decisions you make as a result of the financial information provided to you in the Xero or MYOB data file or directly.
12.8. If you wish to make a claim about incorrect performance or breach of these Terms and Conditions you must send it, in writing, to us prior to signing off any BAS statement or other lodgement.
12.9. Any imposed liability shall be limited to resupply of information or services.
12.10 You must indemnify us and hold us harmless from any claims or legal actions related to data and financial transactions of your account.
12.11 We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
13. SUPPLY OF FINANCIAL DOCUMENTS and RECORDS
13.1 You will be asked to provide documents and records to allow us complete the work within the standard timeframe. This includes, but is not limited to: financial documents, Tax Invoices, statements, loan documents including statements, sales records, petty cash records, details of asset purchases, bank and credit card statements.
13.2 Where there is a delay in supplying these documents and records to us, which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
13.3 Where documents and records are not supplied, if that prevents the progress of the work beyond 28 days you will be notified, with an additional 7 days from date of notification, to provide the documents and records. If documents and records are still not received we have the right to invoice you for the cancellation fee plus any un-invoiced work.
13.4 You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of third party software, postage, parking or stationery.
14. REVISIONS, FEEDBACK and APPROVAL
14.1 You will have the opportunity to review the work completed.
14.2 On completion of each period of work you have 3 days to provide feedback or revisions in writing.
14.3 If you reject any of our work within the 3-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
14.4 We will endeavour to correct any rejected work within 7 days. Refunds due to quality of work are reviewed on a case-by-case basis.
15. BAS COMPLETION
15.1 Once your bookkeeping for the period has been completed, you will be notified via email. Signing your BAS statement electronically constitutes as approval of all work.
16.1 We will not be liable for restoring any your financial data and information except to the extent that such data loss arises out of a negligent act or omission by us.
16.2 We save your financial data and information provided to us in Google Drive, Dropbox and Receipt Bank.
16.3 Please keep your own backup of copies of financial records, paperwork, Tax Invoices and statements, as well as email attachments sent to us or submitted to Receipt Bank.
17. ENTIRE AGREEMENT
17.1 These Terms and Conditions constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties.
17.2 A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions.
17.3 These terms shall be governed by Australian law, and the parties hereby agree to submit themselves to the exclusive jurisdiction of Australian Courts.