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Our Terms & Conditions
Nine Advisory prides itself on providing clients with the assurance of fixed fee engagements wherever possible. This means that there are no surprises.
We will not be responsible for completing work outside the Agreed Services unless we agree in writing to expand our services (including any additional fees and expenses). Work outside of the scope of our agreement includes any work required to fix any errors or omissions in work performed or documents lodged with any relevant entity prior to the terms of this engagement. You may at any time request further services which will be subject to an additional fee. Where a fixed fee is agreed upon and the scope of the work changes, or if it becomes apparent that the work involves matters which were not taken into account in the original agreement, we will advise you as soon as possible and provide an amended estimate for you to review and approve accordingly.
If we are instructed to undertake work which we reasonably consider to be outside of the scope of our agreement, and a fixed fee has not been agreed to, we will charge you professional fees for the work done based on hourly rates. The hourly rates charged by our professional staff are set out below:
a) $500.00 plus GST = $550.00 for a Partner/Director or similar
b) $150.00 plus GST = $165.00 for an Accountant or similar
c) $150.00 plus GST = $165.00 for an Executive Assistant/Administrative Assistant or similar
You will be proportionately charged for work involving shorter periods of less than an hour. Our charges are structured in 30-minute units.
ASIC & Company Secretarial Processing Fees
It is a term of our agreement that any client who accepts an agreement, agrees to our fees for processing ASIC and other company secretarial documents on their behalf. These are considered outside the scope of any engagement, unless the below is specifically listed as being included in your engagement. A separate invoice will be raised and sent at the end of each month, for any of the below services requested within that month.
Our fees for the specific services listed below are excluded from any engagement and are payable monthly as follows:
Appointment / Resignation of Officers; Change of Addresses; Year End etc – $160 excluding GST per Officer movement
Documentation of board or director resolutions - $160 excluding GST per resolution
Share Transactions (includes the drafting of all required documents and lodgement with ASIC) – $260 excluding GST per transaction per shareholder
Direct Debit and Direct Credit
It is a term of our agreement that clients who partner with us settle their accounts on a direct debit or a direct credit basis. Upon acceptance of our agreement, you agree to provide Nine Advisory with your nominated credit card or bank account details. Nine Advisory cannot be held to our agreement until we have received payment details in order to direct debit or direct credit your account for our fees. This letter and your completion of the proposal sent to you (including the provision of your direct debit and direct credit details) are further terms of this engagement, and your completion of the proposal confirms your agreement to same.
If any of your banking details change (whether you elect to pay by direct debit or direct credit), you agree to notify us in writing within a reasonable time period (and in any event no later than 3 business days after the change). If your direct debit / credit bounces, we will automatically attempt to obtain the funds in the following 2-3 days and we reserve the right to attempt to obtain any outstanding funds via direct debit or credit at any time in the future.
Ongoing Engagement
Ongoing monthly retainer engagements are settled monthly on a direct debit or direct credit basis. Nine Advisory will send you monthly invoices on the 15th of each month. We will debit your monthly fee approximately 14 days following the date of the invoice. Please ensure that you have sufficient funds available at this time. Should your payment not be received, Nine Advisory reserves the right to cease all work.
Our engagements will begin on the date which the proposal, including this letter, is signed and payment details are provided.
One off and ad-hoc services
If an engagement relates to a service that is outside the scope of your monthly retainer or Nine Advisory is not currently engaged by you on a monthly retainer, we will consider this a One off or ad-hoc service. Upon acceptance of our agreement, you agree to provide Nine Advisory with your nominated credit card or bank account details from which we will immediately deduct a portion of the overall fee (which proportion shall be specified in the proposal). No work will be commenced until this payment is received by Nine Advisory.
You agree that, upon completion of the tasks set out in the Scope of Services and delivery of the relevant documents to you, we will issue you an invoice for the remaining balance of our fees and expenses and immediately deduct the amount from your nominated debit card, credit card or bank account. For the avoidance of doubt, the completion of Scope of Services shall occur at a time of our election subject to the delivery of the relevant documents to you.
You agree that any deposit charged by Nine Advisory, and paid by you, is non-refundable.
If you terminate an engagement for any reason at any time after which you have paid the up-front portion of the fee but at a time where we have commenced any part of the work that was not covered by the up-front portion of the fee, we shall be entitled to charge you a portion of our fees and expenses (using the direct debit or direct credit details provided by you or otherwise), where such portion of the fees and expenses to be charged shall be at our reasonable discretion.
Up Front Payment
For certain engagements, Nine Advisory will require upfront payment of the total fee. If specified in the proposal that this fee is payable on acceptance, we will immediately deduct the entire retainer fee. No work will be commenced until the full payment is received by Nine Advisory.
Fees for additional services
It is a term of our agreement that upon signing of our agreement, you agree to the following fees for services that are outside of our monthly retainer. Those services include, but are not limited to the following (all prices are excluding GST):
Assistance with deregistering an existing Pty Ltd (non-public) company - $1,500
Setup of new Pty Ltd (non-public) company - $1,500 plus GST
Setup of Trust with a corporate trustee - $3,000 plus GST
The fact that a service is not listed here does not mean that they are included in our monthly retainer. This list is for information purposes to give an idea of the kind of work and charges that are outside of the scope of our agreement.
Referral Fees
Nine Advisory has formal and informal relationships with many service providers and referral partners to whom you may be referred. It is a term of our agreement that upon signing our agreement, you accept that Nine Advisory may be paid a fee for arranging services on your behalf, with Pillar Partners, or other trusted service providers whose services are recommended to you. The service providers with whom we work are hand-picked and must satisfy Nine Advisory that they provide the highest quality and ethical services, in-line with Nine Advisory's standards.
Retention of Records and Electronic Storage
Generally, the taxation law requires information in support of financial records to be kept for seven years from the date of the relevant transaction. It is your responsibility to retain all records required by the Corporations Law and the Income Tax Assessment Act and we do not accept responsibility for maintaining those records.
Your part in this engagement
As we aim to offer expert, timely and courteous service, we expect our clients to do the same – providing requested information in a timely manner, meeting agreed timeframes and addressing our staff in a polite, courteous and professional manner. Our team will not start work until the first payment has been received. In addition, you agree:
To notify us of any issues, discrepancies or grievances you may have as soon as they arise so that we have the opportunity to rectify them immediately
To present all records to the best of your ability and in accordance with the law and do not give instructions or records that are deliberately false or intentionally misleading
To pay our fees within our agreed payment terms
To provide us with source records and documents to meet ATO, ASIC and other governing bodies’ deadlines in an efficient, stress-free and timely manner. We reserve the right to apply additional fees for work considered urgent
To advise us if you become aware of any real or potential conflict of interest, generally any event which may result in us becoming unable to remain objective in our services to you, such as changes to your business circumstances, events affecting your family (e.g. death and/or marriage breakdown) or a legal action commencing against you
To consult with us before engaging another firm to advise you on this matter and if you elect to engage another firm, to pay our reasonable handover fees and expenses.
To act on your behalf
Your acceptance of a Nine Advisory engagement grants us authority to act on your behalf, receive and send correspondence to the ATO and other regulatory governing bodies, as well as communicate with your financial planner, risk insurer, bankers, solicitors, investments and finance companies as required to complete your work.
We acknowledge the trust bestowed on us by you to do this and will endeavour to carry out all representations in a professional, ethical manner.
Our obligation to comply with the law
We have a duty to act in your best interests, subject to an overriding obligation to comply with the law; e.g. we could not lodge a document for you that we knew to be materially false.
Where relevant, our advice and services will be based on Australian taxation law in force at the date of provision. It is your responsibility to seek updated advice if you intend to rely on our advice at a later stage. Australian taxation laws are subject to frequent change and our advice will not be updated unless specifically requested by you.
Offshore Services
Nine Advisory India Private Limited ("NAIPL") is an associated and controlled entity of Nine Advisory Pty Ltd.
Acceptance of our services in conjunction with any engagement document indicates your acceptance of the use of our offshore associate services as described. Our services require the disclosure of personal information to overseas employees. It is a term of any engagement with Nine Advisory that you consent to Nine Advisory Pty Ltd to provide this information. Nine Advisory and its associates and referrers 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.
Purpose, Scope and Output of the Engagement
Our firm will provide services which will be conducted in accordance with the relevant professional and ethical standards issued by the Accounting Professional & Ethical Standards Board Limited (APESB), including the Code of Ethics for Professional Accountants (the Code). The extent of our procedures and services will be limited exclusively for this purpose only. As a result, no audit or review will be performed and, accordingly, no assurance will be expressed.
Accepting Our Engagement
You accept our engagements electronically by clicking on any links provided. You can also accept engagements by instructing Nine Advisory to prepare work on your behalf, without a formal engagement letter in place, and acting in accordance with those instructions. You may have engaged Nine Advisory, it associates or referrers without signing an engagement letter and without making payment.
By engaging Nine Advisory, either by accepting an electronic proposal or by verbal or written instructions to undertake work for you, you agree that you have not relied on any warranty or representation (whether oral or written) in relation to the subject matter of this engagement made by any person. This clause does not apply to warranties and representations that this letter expressly sets out.
Cancellation of our engagement
Our engagements can be canceled at any time by either party. In relation to any monthly recurring engagement, should either party terminate after the 10th day of any month, the full fees will be due and payable for that month and will be direct debited per normal, 15 days after the last invoice is issued.
You will need to inform Nine Advisory in writing of your intention to cancel the engagement.
In the event that our agreement is terminated by either party, you will not be entitled to any refund of any fees previously paid to Nine Advisory. For the avoidance of any doubt, this includes any proportion of fees which is attributable to annual tasks which have not yet been carried out (for example but without limitation, yearly tax returns).
Confirmation of Terms
Electronic signing of an engagement, or verbal or written instructions to perform an engagement, and actions in accordance with those instructions from either party, will be your confirmation that the engagement is in accordance with your understanding of the arrangements. These terms and conditions will be effective for future years unless we advise you of any change.