Standard Terms of Engagement
Compilation and Taxation Engagements
(Version: June 2023)

Following are our Terms of Engagement applicable to Services provided by us to you. While it is acknowledged that some of these standard terms may not be relevant to your specific engagement, this will not limit the application of the remaining terms to your engagement. By engaging Nexis Accountants and Business Advisors (Nexis), you are bound, as is Nexis, to the terms of the engagement as set out here unless these are expressly altered in writing by both parties.

1. Acceptance:

Parties to engagements: These Terms are between Nexis Accountants and Business Advisors (ABN 33108623338), its successors and assignees (referred to as “we”, “us” and “Nexis”) and you, the person, organisation or entity described in the Letter of Engagement or where there is no Letter of Engagement, the person, organisation or entity receiving the Services (referred to as “you”).

Acceptance: You have requested the Services. You accept these Terms by:

• signing and returning the Letter of Engagement;
• confirming in writing, including by email, that you accept the Letter of Engagement or any other quotation provided to you;
• accepting the Letter of Engagement or any other quotation provided to you online;
• instructing or allowing us to proceed with the Services; or
• making part or full payment for the Services.

You agree that these Terms form the agreement under which we will supply the Services to you. Please read these Terms carefully. Please contact us if you have any questions. Purchasing Services from us indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms.

2. Full and frank disclosure at the outset and throughout the engagement

You agree and acknowledge that you will, provide all information and documents relevant to the performance of the Services at the outset of the engagement and during the engagement as requested by us in a timely manner. This includes promptly advising us of anything that occurs subsequently to render information already provided misleading or incomplete. Additionally advising us of any change in your circumstances relevant to the Services.

Before finalising an engagement, we may see written representations from you in relation to the completeness and accuracy of information that you have provided to us. Professional standards require that we obtain such written representations in certain circumstances, accordingly we request your co-operation in providing us with this information.

All income tax returns are subject to examination by the Australian Taxation Office. In the event of an examination, you may be requested to produce documents, records or other evidence to substantiate items shown on the income tax return.

3. Independent and conflicts of interest

We have procedures in place to periodically assess the independence of our firm and professional staff assigned to your engagement. We will notify you on a timely basis should we become aware of any conflict of interest or independence issues.

If during the engagement you become aware of any conflict of interest or potential conflict of interest or there is a change of circumstances which may result in a conflict, you must advise us.

Events which may give rise to a conflict of interest or potential conflicts during the engagement include events affecting you, such as deaths, matrimonial disputes as well as litigation (threatened or actual).

Or structure of your business or your business relationships, or you are offering an employment opportunity to a current or former director or professional employee of our firm.

4. Compliance with laws

We will act in your best interests but as chartered accountants and registered tax agents we must comply with the generally accepted accounting principles and the tax laws, even where that may be contrary to your wishes.

These include, but are not limited to, interpretation and application of accounting standards and tax laws, compliance with certain statutory notices and requests for production of documents or information.

We will also act in your best interest in terms of educating and/or referring you to a suitably qualified professional to ensure you meet your legal obligations as a taxpayer and/or an employer. We, as chartered accountants and tax agents are not responsible for ensuring our clients compliance with industry awards and/or other Fair Work (www.fairwork.gov.au) requirements. Employers hold that responsibility exclusively and should seek independent advice for clarification.

5. Confidential information

We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than where necessary, to third party suppliers, or as required by law); to use all reasonable endeavours to protect your Confidential Information from any unauthorised disclosure; and only to use your Confidential Information for the purpose for which it was disclosed by you to us, and not for any other purpose.

You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect our Confidential Information from any unauthorised disclosure; and only to use our Confidential Information for the purpose for which it was disclosed or provided by us to you, to provide better quality services to you and not for any other purpose.

These obligations do not apply to Confidential Information that:

• is authorised to be disclosed;
• is in the public domain and/or is no longer confidential, except as a result of a breach of these Terms;
• is received from a third party, except where there has been a breach of confidence; or
• must be disclosed by law or by a regulatory authority including under subpoena.

This clause will survive the termination of these Terms.

The conduct of this engagement in accordance with the standards and ethical requirements of The Institute of Chartered Accountants in Australia means that 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.

6. Professional competence

We have internal recruitment, training, supervision and review procedures in place to ensure that we ascertain the facts about your affairs relevant to the Services and apply all accounting standards and taxation laws correctly to your circumstances.

Where required to perform the Services, you must provide all information and documentation which we will take into account when applying accounting standards and taxation laws.

Any failure by you to provide all such information and documentation, both voluntarily and in answer to your questions, may affect your ability to access the “safe harbour” tax provisions and will be taken into account when assessing our obligations under the tax agent code of conduct.

We will advise you when the scope of our Services is limited due to your requirements for specific specialties or skills that we do not provide. Where we have made such a disclosure to you, our obligations under the tax agent services regime are also limited to the extent of any disclosure.

As a member of The Institute of Chartered Accountants in Australia our firm’s system of quality control has been established and is maintained in accordance with the relevant Accounting Professional & Ethical Standard Board (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 in Australia, which monitors compliance with professional standards by its members. By accepting our engagement terms, 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.

7. Safe Harbour from penalties (taxation services only)

A taxpayer who uses a registered tax agent, such as Nexis, will benefit from a safe harbour from certain administrative penalties in certain circumstances. Penalties may no longer apply to the taxpayer where:

• A false or misleading statement is made through a careless act or omission of the tax agent, provided the taxpayer has taken reasonable care to comply with their tax obligations by giving their tax agent the information necessary to make the correct statement; and
• A document (such as return, notice or statement) is not lodged on time by the tax agent or in the approved

form due to a careless act or omission of the tax agent, provided the taxpayer gave the agent the necessary information, in sufficient time, to lodge the document on time and in the approved form.

8. Your rights and obligations under the taxation laws (taxation service only)

The taxation laws confer on you, certain rights (such as to challenge a decision of, or an assessment issued by, the Australian Taxation Office) but also imposes obligations on you (such as the keeping and retaining of adequate and accurate records and the filing of relevant returns with the Australian Taxation Office within the required time limits). We will keep you informed on specific rights and obligations under the taxation laws that become relevant from time to time during the course of the Services we perform for you.

Please note that the onus is on taxpayer’s to self-assess and there are substantial penalties for incorrect returns. Therefore, all tax returns should be reviewed carefully to ensure that items shown are correct and are accurately stated and, if there are any matters in the return that are incorrect, the appropriate adjustments should be made prior to lodgement.

Furthermore, if there is any matter in the return where the tax treatment is unclear, then this matter should be discussed with us to determine the appropriate disclosure to minimise exposure to penalties.

9. Notices and assessments

We understand that Nexis may be the address for the serving of notices on your behalf. We agree to check all instalments, assessments and other notices received and advise of any errors contained therein.

10. Trust account

Nexis maintain a trust account for any money received by us during the course of offering professional accounting services, and to which we have no present entitlement.

Where relevant we separately account to you for all money and other property received from you, or for you, other than money received in payment of our fees for services already rendered. This clause is to be read in conjunction with clause 11 “Payment Terms” sub paragraph “Authority to deduct our fees from your refund”.

11. Fees

At Nexis fees are charged using one of four methods:

1. Upfront estimate
2. Fixed cost services
3. Minimum cost services
4. Hourly charge rates

11.1 Upfront Estimate

For business’ we generally provide an upfront estimate when we are confident that we have received all the necessary information to perform the Services. The actual fee will depend upon the length and complexity of the Services required. However, be assured that if we become aware at any time during performing the Services that the fee will materially exceed the estimate, we will use our reasonable endeavors to contact you to discuss the matter in a timely manner.

11.2 Fixed Cost Services

Some of our services have a fixed cost. This cost covers the average time it takes us to complete this service and is in line with professional standards. Two examples of this are our annual company secretarial fee (to maintain your company register and lodge standard documents with ASIC), and for the lodgement of Business Activity Statements prepared by yourself and lodged through our systems.

11.3 Minimum Cost Services

Some services are charged using an hourly charge rate, but have a minimum cost regardless of the time spent. These charges are in line with professional standards and have been determined factoring in complexity, risk, quality assurance requirements and systems used. A list of such services is included in Schedule B, attached to these Terms.

11.4 Hourly charge rates

Where we do not provide you with an upfront estimate, Services will be billed at our standard Hourly Rates for the employee/s used to perform the Services. These rates are listed in Schedule A, attached to these Terms.

Where we are engaged to provide Services to an individual for taxation returns at the completion of the Services. Exceptions to this standard practice are when one of the following circumstances arises:

• • Where there is a history of late payments;
  • When a job is suspended, awaiting information from you, and we feel there has been an unreasonable time lapse, we will forward an invoice for the time already calculated;
  • Where you have multiple years of returns, Business Activity Statements (BAS) and accounts outstanding;
  • Where you have outstanding tax, Centrelink or child support payments;
  • Where we have provided advice (i.e. over the telephone or via direct consultation), and/or performed small jobs (e.g. provided capital gains tax advice, calculations, salary packaging advice) during the course of a financial year and we feel it is unreasonable to hold this time as unbilled until you next complete a tax return; and
  • Where you no longer engage us as your tax agents, and you have unbilled

Where we are engaged to provide Services to a business entity the following circumstance may also apply in addition to those above:

• • Where we are engaged to perform other tasks (e.g. interim financial statements for a bank), it is usual practice to invoice you for this Services only upon its completion. However, we do reserve the right to invoice you at other times. Examples of such times may be;
  • Upon agreement with you (i.e. our quarterly billing instalments);
  • Where we have provided advice (i.e. over the telephone or via a direct consultation) and/or performed small jobs (e.g. completed a Services cover declaration, payroll tax declaration, etc.) during the course of a financial year and we feel it is unreasonable to hold this time as unbilled until you next complete a tax return or BAS.

12. Ad-hoc Engagements

For the purpose of these Terms, ad-hoc engagements refer to Services where a Letter of Engagement has not been issued. These typically involve requests for services made in person, over the phone or in writing. Where such an engagement takes place, you are automatically bound by these Terms at our Hourly Rates unless otherwise agreed in writing.

13. Payment Terms

You agree to pay us the amounts set out in our Letter of Engagement or as set out in Schedule A, including any deposit/upfront payment required.  All amounts are stated in Australian dollars.  All amounts exclude Australian GST (where applicable). Payment may be made by way of credit card or other payment methods as set out in our invoice/Letter of Engagement when purchasing our Services.

You agree to pay our invoices by the payment date set out on the invoice. If you do not pay by the payment date (including any other services we have provided to you and invoiced you for), we may cease to provide the Services to you until we receive payment.

We may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 8% per annum, calculated daily and compounding monthly, on any amounts unpaid after the payment date.

If invoices are unpaid after the payment date, we reserve the right to take steps to recover any outstanding professional fees and outlays owing to us. In the event of non-payment, we have the right to engage debt collection services for the collection of unpaid debts, the right to commence legal proceedings for any outstanding amounts owed to us and the right to take any other adverse action against you as we consider appropriate. If any action is required to recover amounts owing to us (including without limitation issuing and receiving any correspondence, commencing court proceedings, taking enforcement action and so on), you acknowledge and agree that you are liable for and must pay all costs including without limitation debt collection, commission, charges, costs and any out-of-pocket expenses (including all legal costs and legal fees on an indemnity basis and all fees charged by counsel).You agree to indemnify us against any costs we may incur in recovering payment of any unpaid invoices.

We reserve the right to report bad debts to independent credit data agencies.

We reserve the right to apply any funds held in trust to any other outstanding invoices belonging to you or any other associated entities in your group.

If you are having trouble paying your invoice, we encourage you to talk to us about this. We are happy to assist with a payment plan or help in any other way we can.

14. Authority to deduct our fees from your refund

Where you do not pay your Nexis account prior to lodgement of the taxation form or taxation return, you agree and acknowledge, all tax refunds may be deposited directly into our trust account. We will automatically deduct our Fees and forward any remaining balance to your nominated bank account.

For your convenience, in many instances, we may bill all family members on one invoice or all entities (companies, trusts, etc.) on one invoice. This may cause an issue with the Authority to Deduct Fees from refund if the person/ entity getting the bill, is not the person/entity receiving the refund. To accommodate this, part of our Terms and the lodgement declaration with the tax return requires your agreement that your refund may be used to pay any outstanding invoices of your spouse, children, parents and any entities that you control (either solely or jointly).

15. Direct Debit Facility

We may provide a Direct Debit Request (“DOR”) facility for you. This is a service whereby you authorise Nexis to automatically deduct the Fees at a nominated interval (e.g. monthly, quarterly).

Specific terms and conditions relating to the DOR, found in the Direct Debit Service Agreement are considered to form part of these Terms.

Unless otherwise advised in your Letter of Engagement or agreed between Parties in writing, when using the DOR service to pay our Fees, you acknowledge that Fees paid during a financial year (July to June) will be offset against our invoice for completing that year’s tax work (i.e. payments from July 2020 to June 2021 will be offset against your 2020 accounting bill). Should you choose to not engage Nexis; or to terminate services during a contract period for completion of a particular year’s accounting work (i.e. 2020 tax return using the above example), you will be liable to pay for any completed Services that has not yet been paid via direct debit and for any unbilled Services in progress. Nexis agrees to refund all monies paid less any outstanding fees and a $50 (plus GST) processing fee.

16. Personal Guarantee for payment of fees

Where we invoice a non-individual client, our Terms and the declaration supplied with the tax return, is that the persons in control of the non-individual client give a personal guarantee for the payment of those Fees.

Should the persons in control of the non-individual client not pay its Fees, we are authorised to seek payment from the persons in control, and if necessary, pursue legal options against those individuals in control.

17. Ability to withhold lodgement until fees are paid

It is not our policy to require payment upfront unless you have agreed to a fixed fee estimate, however if a person or entity has a history of late payments, or we have other reasons to believe we may not be paid for our services, we may, at our discretion, request some/all of our fees to be paid in advance.

Where we believe it is necessary, we will not lodge any tax forms until we are reasonably satisfied that we will be paid in full for our services. Dependent on circumstances we may either take steps to ensure that you have a refund for us to deduct our fees from, or request that our fees are paid in full before lodgement.

18. Goods and Services Tax

Unless specifically requested and stated, assignments for the following services will not constitute a detailed GST review:

1. Preparation of a Business Activity Statement from your bookkeeping system;
2. Preparation of financial statements and income tax returns;
3. Provision of general advice.

19. Limitation of liability

Any documents, advice or calculations produced as part of our engagement will be compiled exclusively for the benefit of you and your group of entities.

To the extent permitted by law we disclaim all responsibility and liability for:

1. loss or damage to any other person or entity other than the client for the contents of any documents, advice or calculations produced by us as part of our engagements;
2. any services provided by a third party;
3. any additional fees that arise unexpectedly as part of the job, that were not identified initially;
4. any delays due to reasons out of our control;
5. any penalties and/or interest resulting from the late submission of any form, document, etc where Nexis has acted reasonably when compared to industry standards; and
6. any deadlines or due dates missed where you have failed to provide us with information in a timely manner.

Our liability is limited by a scheme approved under Professional Standards Legislation. Further information on the scheme is available from the Professional Standards Councils’ website: www.professionalstandardscouncil.gov.au

20. Involvement of Others

Where, as part of our Services, we are required to engage the services an external consultant or expert e.g. a Bookkeeper, SMSF Auditor, accountant, actuary, lawyer, an estimated cost, timeframe and involvement will be provided to you for your approval.

We may engage an outsourcing service provider to assist with data entry and the compilation of our workpapers. Acceptance of our Services in conjunction with the engagement document indicates your acceptance of the use of any outsourced services. Where the outsourced service requires the disclosure of Confidential Information to an overseas recipient a consequence of your consent is that Nexis will be required to take reasonable steps to ensure that the Australian Privacy Principles are complied with by the overseas recipients of the personal information. All Services completed by our outsourcing service provider is reviewed by Nexis with all tax returns entered into our software applications.

21. Storage of Personal Information

We are committed to ensuring that the information you provide is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

No information transmitted over the Internet can be guaranteed to be secure. We cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with these Terms.

22. Ownership of documents

All original documents obtained from you during our engagement shall remain your property. However, we reserve the right to make copies of the original documents for our records.

Our engagement will result in the production of documents which will be supplied to you, such as income tax returns or financial statements, ownership of these documents will vest in you. All other documents produced by us in respect of this engagement will remain the property of Nexis.

Our engagement will result in the production of documents of the engagement including, if applicable, electronic documents or files, which will be supplied to you, such as income tax returns or financial statements. Ownership of these documents will vest in you. All other documents produced by us in respect of this engagement will remain the property of us, subject to any statutory obligations.

The firm has a policy of exploring a legal right of lien over any client documents in our possession in the event of a dispute. The firm has also established dispute resolution processes as per clause 22.

23. Feedback and Dispute Resolution

Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us.

If there is a dispute between the Parties in relation to these Terms, in the first instance the Parties agree to the following dispute resolution procedure:

• The complaining Party must tell the other Party in writing, the nature of the dispute, what outcome the complaining Party wants and what action the complaining Party thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them at an initial meeting.
• If the Parties cannot agree how to resolve the dispute at that initial meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complaining Party will ask the Law Society of Australian Capital Territory to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute and will be equally responsible for the costs of the mediator.

Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.

24. Terms and Termination
    • Either Party may terminate these Terms without cause by providing the other Party with 30 days notice, in writing.
    • If either Party commits a remediable breach of these Terms and does not remedy the breach at its cost within a reasonable time after receiving written notice of the breach from the other Party, then the Parties agree to engage in the dispute resolution process set out in clause 23 (a) in the first instance. If the dispute is not resolved after following that process, then either Party may terminate these Terms at any time upon written notice to the other Party.
    • We may terminate these Terms immediately upon written notice to you, if:

• you commit a non-remediable breach of these Terms;
• you fail to provide us with clear or timely instructions to enable us to provide the Services;
• we, acting reasonably, consider that our working relationship has broken down including a loss of confidence and trust;
• for any other reason outside our control which has the effect of compromising our ability to perform the Services within the required timeframe; or
• you fail to pay an invoice by the due date.
  • You may terminate these Terms immediately upon written notice to us if:
• we commit a non-remediable breach of these Terms; or
• you, acting reasonably, consider that our working relationship has broken down including a loss of confidence or trust.
  • On termination of these Terms in accordance with clause 2 or clause (e) you agree that any payments made are not refundable to you to the extent of all Services provided prior to termination, including Services which have been performed and have not yet been invoiced to you.
  • On termination of these Terms, you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and/or Intellectual Property.
  • On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and Intellectual Property, and/or documents containing or relating to your Confidential Information and/or Intellectual Property.
  • On completion of the Services, we will retain your documents related to the provision of the Services to you (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
  • The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.

25. Privacy

We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

26. Audit

Please note that our Services do not include an audit, a review of internal controls or a review of your accounting system. Our Services will be limited to assistance in the compilation of the financial statements and preparation of the relevant taxation returns based on the information and records provided by you to us. Our Services may not disclose fraud defalcations or other irregularities that may occur and we advise that our usual compilation report will be attached to the completed documents. However, we will bring to your attention any items noted in the course of our Services.

27. Information provided

Please be aware that the completeness and accuracy of the information you provide to us to be able to perform the Services remains your responsibility. We will forward our end of year questionnaires to you to assist you in collating the information we will require. You are required to provide us with all requested information accurately and in a timely manner.

28. Substantiation

Under the self-assessment provisions of the current tax legislation, the onus is on you to have adequate documentation to support your income tax returns and in particular, with respect to the deductions claimed and transactions within your group of entities. Be aware that your accounts and tax returns may be subject to tax audit and that penalties apply for incorrect returns.

29. Your Rights and Responsibilities

We will conduct our Services in accordance with the Accounting and Professional Ethical Standards Board’s APES 320 – Quality Control for Firms and all other relevant standards. This means that our Services will be carried out in accordance with our Quality Assurance procedures.

The taxation laws confer on your certain rights (such as to challenge a decision of, or an assessment issued by, the ATO) but also certain obligations (such as the keeping and retaining of adequate and accurate records and filing of returns with the ATO). We will endeavour to keep you informed of specific rights and obligations under the taxation laws, primarily via our brochures, newsletters, and our website.

You warrant that:

• You are responsible for maintaining your records appropriately so we can rely on the documentation and information provided to perform the Services;
• You will not withhold information relevant to the Services being provided (e.g. will not withhold information about a property sale if we are completing a tax return);
• You will read all documents, emails, brochures, letters, reports, etc. forwarded to you by us;
• You will respond to all our requests in a timely manner;
• You will raise any issues or concerns that you may have in relation to the provision of our Services immediately so that they can be resolved as soon as possible;
• You understand that our process is on a first-in-first-out basis where possible, and as such a job may not be started for a period of time (potentially 6 weeks or higher depending on the demand for our services at any one time) after receipt of all information by Nexis; and
• We are not responsibility for any penalties and/or interest resulting from the late submission of any form, document, etc. where Nexis has acted reasonably when compared to industry standar

30. Limitation of Liability – Part IVA of ITAA 1936

The AT0 is increasing its activity with regard to tax avoidance and the application of Part IVA of the Income Tax Assessment Act 1936. Part IVA is a general anti-avoidance provision that aims to ensure that schemes that have been entered into or carried out for the sole or dominant purpose of obtaining a tax benefit will fail. Nexis will take into account your individual circumstances and factors regarding the services and advice we provide, however we cannot guarantee that the AT0 will not audit, review or challenge your affairs under the general anti-avoidance Part IVA provision. Where you have implemented tax minimisation strategies, you can expect questions and/or review from the AT0. Should the AT0 find that these strategies have gone beyond legal tax minimisation, this may result in tax assessment amendments, interest and penalties. This is an important factor for you to consider when reviewing and discussing advice provided by us.

31. Tax agent services regime

There are provisions in the Taxation Administration Act 1953 (“TAA”) that provide you (as of 1 March 2010) with “safe harbours” from administrative penalties for incorrect or late lodgement of returns if, among other things, you provide Nexis “all relevant taxation information” in a timely manner.

You must provide all information and documents relevant to the proper performance of your Services from the start of this engagement, and during the engagement. This includes promptly advising us of anything that occurs subsequently to render any previous information incorrect, misleading, or incomplete.

Any failure by you to provide: all information and documentation, respond to our requests for information, or to advise us of any changes in circumstances may affect your ability to access the safe harbour provisions.

32. Cloud based subscriptions

If you take advantage of the discounts offered for various cloud based services available through Nexis, you will be billed up to 30 June each year 12 months in advance. If you take advantage of the subscription discounts we pass on to files subscribed by Nexis, the following conditions apply:

1. As the subscriber Nexis has the principal login to the data;
2. You own the information once we pass on the subscription to you; and
3. If you leave Nexis during the subscription period, Nexis will refund on a pro rata basis the balance of subscriptions paid provided all other invoices for the company or group have been paid in

33. Approval

Before we lodge any forms or income tax returns on your behalf, we will forward them to you for approval and signing. We will endeavour to ensure the returns are lodged by the due dates and will have confirmed when documentation should be provided to us. If you are late in providing information, we will do our best to meet the time limits, but we will not be responsible for any penalties you may incur. Depending on the form and the relevant laws, approval may be in the form of:

1. Written signatures;
2. An email stating approval;
3. A facsimile with a written signature; and
4. A digital signature using an approved digital verification process.

34. Right to vary terms and conditions

We reserve the right to change any of these Terms for the purposes of clarification and changes to technology. These Terms can be varied or amended in writing from time to time without notice. If you do not wish to accept our new terms and conditions you have the right to terminate this agreement without penalty.  A current copy of our terms and conditions is available from our website at www.nexis.com.au/terms-of-engagement.

35. Period of engagement

These Terms will be ongoing unless we advise you otherwise. Whilst you are a client of Nexis you are bound by these Terms. If you wish to terminate this agreement as per clause 23, these Terms still apply to all Services performed and Fees charged prior to Termination. These terms (and any amendments) are not required to be sent out each year as they are available from our website at www.nexis.com.au.

36. Definitions

“Confidential Information” includes confidential information about you, your credit card or payment details, and the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, technology, and other information of either Party whether or not such information is reduced to a tangible form or marked in writing as “confidential”.

“Fees” are set out in the Letter of Engagement, Schedule A or as otherwise agreed between Parties.

“Hourly Rates” as set out in Schedule A.

“Letter of Engagement” means the letter of engagement to which these Terms are attached.

“Services” are set out in the Letter of Engagement or as otherwise agreed between Parties.

“Terms” means these Standard Terms of Engagement.

Schedule A
Nexis Charge Rate Table

Schedule B
Nexis Business Services