Terms of Engagement for Professional Services

Firm: AIM S Australia Pty Ltd (ABN 21 159 602 276)

TPB Registration: 24859230

1. The Engagement

1.1 Nature of Agreement: These Terms of Engagement (“Terms”) govern the professional relationship between AIM S Australia Pty Ltd (“we,” “us,” “our”) and the client named in the Client Authorisation Form (“you,” “your,” “Client”).

1.2 Assignment-Based Engagement: Our services are provided on a “per assignment” basis (e.g., preparation of the 2025 Individual Tax Return). This engagement is limited to the specific assignment agreed upon and does not constitute a continuous retainer. The engagement commences upon your acceptance of these Terms and terminates automatically upon the lodgement of the return or the completion of the specific service, subject to the “Post-Lodgement Support” provisions in Clause 5.3.

1.3 Scope of Services: The scope of our work is strictly limited to the services explicitly described in our Quote or Tax Invoice.

1.4 Exclusions: Unless explicitly agreed in writing, our services do not include:

• Investment, financial planning, or actuarial advice.
• Legal advice or drafting of legal instruments.
• Forensic accounting or fraud detection.
• Audit insurance or representation in an ATO audit (unless separately engaged).
• Review of tax returns for previous years prepared by you or other agents.

2. Professional Fees and Refunds

2.1 Fixed Price Quote: Following our initial assessment of your information, we will provide a fixed fee quote based on complexity and volume.

2.2 Variation of Fees: We reserve the right to revise our fee if the information provided by you is found to be materially different, incomplete, or inaccurate, or if the scope of the assignment changes (e.g., you request additional schedules).

2.3 Payment Terms: Work will commence only upon receipt of the full fee or the agreed deposit.

2.4 Refund Policy (Australian Consumer Law):

• Withdrawal Pre-Draft: Refund of 80% of fees paid (20% retained for administration/verification).
• Withdrawal Post-Draft: No refund, as professional time has been expended.
• Statutory Rights: Nothing in these Terms limits your rights under the Australian Consumer Law.

3. Client Responsibilities and Disclosure

3.1 Full and True Disclosure: You are required by law to provide us with all information relevant to your tax affairs. You warrant that all information provided is accurate, complete, and not misleading.

3.2 Substantiation: You are responsible for maintaining all necessary records (receipts, logbooks) for the statutory period (generally 5 years). We will not audit your records.

3.3 TASA Obligations (False or Misleading Statements):

• Prohibition: Under the Tax Agent Services Act 2009, we must not make a statement to the Commissioner of Taxation that is false or misleading.
• Correction Obligation (Section 15 TASA Determination 2024): If we identify that a statement made to the ATO or TPB is false or misleading in a material particular, we will advise you to correct it.
• Mandatory Notification: If you refuse to correct a material false or misleading statement within a reasonable time, we are legally obliged under Section 15(2) of the Tax Agent Services (Code of Professional Conduct) Determination 2024 to:
  1. Withdraw from this engagement; and
  2. Notify the Commissioner of Taxation or the TPB that the statement is false or misleading.

By accepting these terms, you acknowledge our legal duty to make such a notification and waive any claim of confidentiality regarding this specific disclosure.

4. Client Money and Trust Account (Code Item 3)

4.1 No Trust Account: We do not maintain a trust account. We do not hold money or other property on trust for clients.

4.2 Tax Refunds: Any tax refunds due to you will be directed by the ATO to your nominated personal bank account. We will not receive tax refunds on your behalf.

4.3 Fee Deduction: We are not authorised to deduct our professional fees from your tax refund. Fees must be paid directly by you as per Clause 2.3.

5. Conflicts of Interest (Code Item 5)

5.1 Disclosure: We maintain adequate arrangements to manage conflicts of interest that may arise in relation to our activities.

5.2 Identifying Conflicts: If a conflict of interest arises (e.g., between spouses in a divorce settlement where we act for both, or between business partners), we will disclose this to you immediately.

5.3 Management: Where a conflict cannot be managed to protect your interests, we reserve the right to cease acting for one or both parties to ensure our professional independence is maintained.

6. Electronic Communication and Data Security

6.1 Electronic Delivery: You consent to receive all documentation electronically via email or our secure portal.

6.2 Security Risks: You acknowledge that electronic transmission carries inherent risks. We are not liable for losses arising from unauthorised cyber-activity beyond our reasonable control.

6.3 Identity Verification: We may require remote identity verification to comply with TPB guidelines.

7. ATO Portal and Mail Management

7.1 Authority: You authorise us to add you to our ATO Client List.

7.2 Active Engagement: We monitor your ATO portal inbox during active engagement only.

7.3 Post-Lodgement Support: We maintain the portal link for 30 days post-lodgement.

7.4 Automatic Delinking: We reserve the right to remove you from our ATO Client List after 30 days. Once delinked, ATO correspondence reverts to your myGov inbox. We accept no responsibility for monitoring mail for delinked clients.

8. Cloud Computing and Privacy (APP 8 Disclosure)

8.1 Disclosure: We utilise third-party cloud providers (Xero, JotForm, Dropbox) with servers located in the USA, Germany, and New Zealand.

8.2 Informed Consent: By agreeing to these Terms, you expressly consent to your personal information being disclosed to these overseas recipients.

8.3 Limitation of Accountability: You acknowledge that pursuant to APP 8.1, by providing this consent:

• We will not be accountable under the Privacy Act 1988 (Cth) for any breach of privacy by the overseas recipient; and
• You will not be able to seek redress under the Privacy Act for such a breach.

9. Regulatory Disclosures (TASA Determination 2024 – Section 45)

9.1 Significant Matters: In accordance with Section 45 of the Tax Agent Services (Code of Professional Conduct) Determination 2024, we advise that:

• Conditions: Our registration is not subject to any conditions (other than standard registration requirements).
• Sanctions: We have not been the subject of any sanctions, orders, or directions by the TPB in the last 5 years.
• Disqualified Entities: We do not employ or use the services of any “disqualified entity” (as defined in the TASA) to provide tax agent services on your behalf.
• Offences: We have not been convicted of any serious taxation offence or offence involving fraud or dishonesty.

10. Dispute Resolution and Complaints

10.1 Internal Dispute Resolution: If you have a complaint about our services, please contact our Privacy Officer/Principal at info@aimsaustralia.com.au. We commit to acknowledging your complaint within 3 business days and attempting to resolve it within 21 days.

10.2 Tax Practitioners Board: If you are not satisfied with our resolution, you have the right to make a complaint to the Tax Practitioners Board (TPB).

• TPB Register: You can verify our registration on the TPB Public Register here: https://www.tpb.gov.au/public-register.
• TPB Complaints: Information on how to make a complaint is available here: https://www.tpb.gov.au/complaints.

11. Liability Limitation

11.1 Professional Standards Scheme: Our liability is limited by a scheme approved under Professional Standards Legislation.

11.2 Maximum Liability: Our total liability is limited to the fees paid by you for the services, to the extent permitted by law.

12. Termination and Document Lien

12.1 Termination: Either party may terminate this engagement by written notice.

12.2 Lien: We reserve a lien over documents we have created (e.g., working papers) until fees are paid. Source documents will be returned.

13. Acceptance

13.1 Digital Execution: Your digital signature on the Client Authorisation Form constitutes legal acceptance of these Terms.