Terms of Engagement

Our Services

(a) We, O’Brien Accountants & Advisors, will provide the Services with reasonable skill and care and to an appropriate professional standard in accordance with this Agreement.

(b) In the event you, the client, require additional services outside the scope of our Fee Proposal, we will raise with you and discuss the fee involved. We will address this before we undertake any significant part of the work.

(c) We will not commence preparation of your work until such time as we have received all information necessary to enable completion. Upon receipt of all information, we will complete the assignment within 4 weeks provided that we receive co-operation and commitment from you. Should we look like exceeding this time frame we will notify you and agree on an amended date.

(d) In order to manage workflows necessary to meet our service commitments under our engagement, and to satisfy price points, our office may engage third-party service providers (who operate either locally or offshore) on your behalf as and when required. In the event this occurs, our office is satisfied those third parties meet all Australian Privacy Law obligations as set out under the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APP) standards.

Client Information and Assistance

The success of the Services is dependent on your timely co-operation, including:

(a) Providing accurate data.

(b) Providing the materials and information we request within 10 days of the request.

(c) You retain copies of all financial records for a period of 5 years.

(d) That you obtain and retain sufficient records to substantiate claims made for income tax deductions.

(e) You agree to use reasonable skill, care and attention to ensure that all information we may reasonably require is provided on a timely basis and is accurate and complete. You agree to also notify us if you subsequently learn that the information provided is incorrect or inaccurate or otherwise should not be relied upon.

(f) Our time and fee estimates are given on the basis that we receive timely co-operation and assistance from you and employees in your organisation. If you do not provide, or delay in providing, that cooperation, we will issue an interim account for work completed to date and that you agree to pay the fee.

Fees and Additional Services

(a) Whilst our aim is to provide a scope of work and agree on a fee prior to commencing any work, there are instances where things change. Some types of work can be very unpredictable. What we are able to do is provide a fee range for a scope of work. Should the scope change at any stage we undertake to keep you informed of any change and provide an update fee prior to commencing additional work.

(b) Either party may request changes to the Services to be provided under the scope. We will work with you to consider and, if appropriate, to vary any aspect of the engagement, subject to payment of reasonable additional fees and a reasonable additional period to provide additional Services. Any variation to the Agreement will be in writing.

(c) Our fees (which unless otherwise specified are in Australian dollars) will be charged on the basis set out in our Fee Proposal.

(d) Our professional fees and disbursements are inclusive of GST. Our tax invoice will include details of GST charged.

(e) Our standard terms of payment are 14 days from date of invoice. If payment of any invoices is not received within 30 days we may suspend the provision of the services until all sums due are paid in full.

(f) We reserve the right to progressively invoice our work under an interim invoice should the work be delayed for any reason. Our interim and final invoice will be in accordance with our Fee Proposal subject to:

  • additional costs being incurred due to unnecessary delay as a result of circumstances beyond our control.  This could include a delay by the client in responding to queries.
  • additional work requested by the client outside the original scope of works.

(g) You agree to guarantee the payment of fees and expenses owing for work performed including any costs incurred to recover any outstanding liability or otherwise. This guarantee is enforceable without any need for us to first seek payment from any other individual or entity.

Professional Standards

We have a professional obligation to act lawfully and in our client’s best interests. We are required to comply with taxation laws in the conduct of your personal affairs. Under our professional standards, we are required to terminate an appointment if we are requested to act unlawfully.

Quality Reviews

O’Brien Accountants & Advisors and other major accounting firms are subject to the Quality Control Review Program conducted by the Institute of Chartered Accountants in Australia. It is further agreed that our files may be made available under this program with your prior written consent, which shall not be unreasonably withheld.

Conflicts

Should it transpire that any conflict or potential conflict arises during the course of our engagement, then we will communicate this to you immediately and determine the scope of our continued involvement in the engagement.

Confidentiality

We will preserve the confidential nature of the information received from you in accordance with the firm’s established policies and practices. Any disclosure to a third party will require your consent.

We, along with other major accounting firms, are subject to the Quality Control Review Program conducted by the Institute of Chartered Accountants in Australia. Our files may be made available under this program with your prior written consent, which shall not be unreasonably withheld.