TERMS

Definitions

the “Company” shall mean A&V Family Investments Pty Ltd T/as Scorpion Bookkeeping, including its successors, owners, trustees, beneficiaries, assigns and any person acting on behalf of and with authority of Scorpion Bookkeeping.  The “Service” shall mean all Services provided by Scorpion Bookkeeping or its Partners to the Client, including any work, documentation, consulting, lodgement or product for a specified fee, the “Client” shall mean the Client or any person or entity acting on behalf of and with the authority of the Client that has engaged the Scorpion Bookkeeping.

​General

The Company provides a bookkeeping Service and is committed to respecting the privacy of the Client and their personal information. We strive to not disclose to any third party any information that is identified as confidential without the Client consent or unless required to do so by law. Information that is available in the public domain will not be considered confidential. All of our bookkeepers comply with relevant  accounting standards and professional codes of conduct. With the consent of the Client, the Company may disclose personal information to others. This may include staff members of the Client, the accountant, solicitor or other professional advisors of the Client. Any privacy related enquiries should be directed to:

Privacy Officer

Scorpion Bookkeeping

PO Box 1752

Virginia, SA 5120

As an alternative, you can contact the Company via our contact form.

The Company is an independent contractor and not an employee of the Client. As a contractor, the Client is not held to the obligations of an employer such as superannuation, annual leave, payroll tax, etc. However, as an independent contractor, the Company has the following rights; (a) to perform Services for other Clients during the engagement with a Client, (b) the Company has the sole right to control & direct the means, manner and method by which the Services are performed and (c) the Company has the right to hire employees, assistants, and/or contractors to provide the Service required. This engagement does not create a partnership relationship and the Client does not have the authority to enter into contracts on behalf of the Company.

By engaging the Service of the Company, even without a signed Letter of Engagement, the Client agrees to be legally bound and to abide by these Terms & Conditions, regardless of other documentation being signed by the Client. The Client acknowledges and agrees that these Terms & Conditions are subject to change or addition without notice and the Client agrees to use the Service provided by the Company in a manner consistent with all applicable laws and regulations and in accordance with the Terms & Conditions set forth in this entire document. If the Client does not comply with the Terms & Conditions, the Company may terminate the Client’s access to the Service and may discontinue or amend any aspect of the Service without prior notice at the Company’s sole discretion without liability. The agreement to provide Service shall be construed and controlled by the laws of South Australia, Australia. Any disputes arising from these Terms & Conditions shall be governed by the laws of South Australia, Australia.

The Company Services may be performed onsite or offsite. Whilst all due care will be taken, in the instance where the Service is performed onsite at the premises of the Client, the Company and employees of the Company shall not be held responsible for any loss and/or damage incurred whilst at the Client premises.

Consumers' rights and obligations

​​The Company abides by the ACCC consumer guarantees.  You will not be charged to correct errors which are clearly our fault, but revisions preformed at your request will be charged at the agreed hourly rate.  The responsibility for reviewing final reports and/or work rests with the Client.

​​​​Payroll rates

​​The Client accepts responsibility and agrees that the Company shall not be held liable or responsible for determining or verifying pay rates of the Client employees or contractors unless otherwise agreed by both parties in writing noting this specific topic and not a generalisation of accepted duties. Pay rates shall be provided to the Company by the Client and the Client agrees to be held liable and responsible for obtaining the correct payroll rates and this will continue to be the responsibility of the Client to verify and obtain while the Company provides Service for the Client. The Client agrees to hold harmless, protect and defend (at Client's expense) the Company should any claim or action arise from incorrect payroll award rates.

​Fees, Quotes and Payment Terms

All quotations provided by the Company to the Client are valid for five (5) days, unless otherwise stated. The Client will be invoiced by the Company on a weekly or monthly basis for services rendered in the week or month prior; unless otherwise agreed in writing. The Company reserves the right and may, at its sole discretion and without prior approval by the client, charge the Client for travel time, billed in one (1) hour increments with a minimum one (1) hour charge at the rate stated in the Letter of Expectation/Engagement or as evidenced on the Company invoices. Billable hours are charged in fifteen (15) minute increments. Each onsite bookkeeping Service visit is charged a minimum of three (3) hours, unless otherwise agreed in writing. The payment terms are seven (7) days from the date of the Company’s Tax Invoice and the fee amount for the Service provided to the Client is subject to change. Payments can be made by direct bank electronic deposit. If the Client fails to pay any Tax Invoice within these payment terms the Company reserves the right to cease the Service being provided to the Client until all overdue invoices have been paid in full without liability or consequences. The Company reserves the right to charge interest on all overdue Tax Invoices. The interest on overdue Tax Invoices will be charged at 3% per month, accruing daily until paid. The Client agrees to pay to the Company all fees and charges incurred should an outside debt collection agency be used to collect on overdue debt(s). The Company will charge the Client and the Client understands and agrees to pay an accounting fee of $25.00 for each collection submission and a Collection Agent fee equal to 15% of the balance owing for collection costs should the Clients unpaid debt be sent to a collection/mercantile agency. Client understands and agrees that if Client terminates bookkeeping services with the Company then all outstanding debt is due immediately and the seven (7) day payment terms are hereby null and void. All monthly Xero accounting software subscription fees will be billed one month in arrears; unless otherwise noted on Client's Tax Invoice(s).​​  If Client fails to pay for the Xero subscription when the invoice is due then access will be limited until payment has been received.  Upon termination the client will be required to take over the Xero subscription within three (3) business days otherwise the Company will cancel the Xero subscription and a fee of $150 will be charged to conatct Xero re-activate the Xero subscription.

Futile Charge (Appointment Cancellation Fee for onsite visits)

If we show up to a scheduled appointment and told we are not needed that day then we will bill a three (3) hour minimum onsite visit charge at our current onsite hourly rate.

Documents, Ownership and Internal Controls

The documents that the Company is specifically engaged to prepare, together with the original documents provided to the Company by the Client shall be the property of the Client. All other documents brought into existence by the Company, including general journals/ledgers, working papers and draft documents, shall remain the property of the Company at all times. The Client shall obtain any necessary permissions from the rightful owner should the Client provide any documents to the Company and the Client agrees to hold harmless, protect and defend the Company should any claim or action arise from the use of these documents. The Company will strive to ensure that business data is free of errors, however, the Company assumes no responsibility or liability for the accuracy of documentation or data (electronic or otherwise) supplied by the Client. The Company will strive to correct any errors made by their staff/contractors in the course of working on the Client's accounts. It is imperative and agreed by the Client that the Client will carry out a full review of their accounts structure and data following the provision of the Company's Services. The Client must review all work completed by the Company within five (5) days of work being returned to the Client and any necessary changes must be brought to the Company's attention immediately. After five (5) days no liability for incorrect entering will be accepted by the Company. The Company does not accept any responsibility for losses or damages arising from errors initially contained within documentation or electronic data provided by the client. The Client agrees to accept responsibility for the maintenance of the accounting systems and internal controls for the Client, including the keeping and maintaining of all required books of account. The Company is not being engaged to conduct a statutory audit of the financial records of the Client and will not express an auditor’s opinion as to the truth of the financial statements for the Client. In the event of an audit, the Client agrees that the Company shall charge Service fees (at the rate of $90/hour plus GST) should assistance be provided by the Company to the auditor.​

Destruction of Documents and Files

Upon our request either during our engagement or following its termination, you must collect, or arrange at your own cost, a courier, to collect your property without delay which will be released to you once our accounts are paid.  Should any of your property remain in our possession following our request to collect it, we will hold the property for three months before destroying it in accordance with the Australian Consumer Law and Fair Trading Act 2012.

Electronic File Transmission

The Company is able to send and receive files/documents electronically. However, electronic mail is not secure and any files transmitted may, among other things, be recorded, copied, interfered with or read by a third party while in transit. If the Company transmits any file/document electronically, the Client agrees to release the Company from any claim that may result of any unauthorised recoding, copying, interference or reading with that document/file after transmission, for any delay or non-delivery of any file/document and for any damage caused to your system or any file/document by a transmission.​​​

Indemnity​

You indemnify and release the Company and its directors, partners, employees, agents, contractors, and affiliates from and against any claims, demands, proceedings, losses and damages of every kind and nature including reasonable solicitor's fees, made by you or any third party due to or arising (whether directly or indirectly) out of your breach of these Terms & Conditions or your violation of any law or the rights of a third party.​

Termination

Should the Client decide to cancel the Service provided by the Company then the Client agrees to provide written notice to the Company, preferably three (3) days before said termination date. The Company reserves the right to terminate any and all services without cause, immediately by written or verbal notice and the Client agrees to accept and to hold harmless the Company should any claim or action arise from said immediate termination of services. The Client agrees that payment of all Services accrued up to and including the date of termination will be paid immediately upon receipt of a Tax Invoice provided by the Company or Statement listing all open invoices; final payment must include any previously issued unpaid Tax Invoices. Failure to pay all open invoices immediately upon termination may result in the debt being placed with a debt collection agency where Client agrees to pay all additional costs, including court costs. Should the Company decide to cancel the Service provided to the Client then all open invoices are due immediately; the Company reserves the right to amend the terms on any open invoices upon termination of services initiated by the Company. Any further assistance provided to the terminated Client by the Company will be at the rate of $150.00 per hour plus GST with one hour minimum and billed in one (1) hour increments thereafter.  The Client assumes all liability with respect to custodial maintenance and compliance of all records as applicable by regulatory requirements and statutory laws and it is the responsibility of the Client to keep all documentation for a period of seven (7) years.