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Devine Accounting Terms of Trade

Below are some of the clauses in our Engagement of Services agreement, from which standard we work.

Our services are provided subject to a full engagement of Services agreement, duly signed by both of us and dated.

Devine Accounting Services and Responsibilities

We provide a full range of service options, some of which you may wish to consider for the future:

  • To work with you on developing and growing your business so that it reaches your objectives and longer term goals. This may include business coaching, helping with developing business and marketing plans, and assisting in monitoring your progress.
  • The preparation of financial statements on an annual basis for the calculation of your taxable income.
  • Preparation of GST returns and trading results on a regular monthly, two monthly or six monthly periods.
  • Keeping you informed on significant changes to tax and other business related legislation.
  • Completing your tax return from information provided by you.
  • Assisting and advising on the appropriate type of accounting recording system that is suitable to your business.

Our Work

Our procedures will not include verification or validation procedures. You will remain responsible for the accuracy and completeness of the information given to us. No audit or review engagement will be performed and accordingly no assurance will be expressed. We will prepare the financial statements at your request and for your purposes only and we will not be liable for any loss, claim or demand by any third person.

Our disclaimer will be attached when distributing the financial statements to third parties.

We will complete your financial statements within four weeks of receiving all the documents and questionnaires, provided these are given to us within the workflow timeframe as agreed at our acceptance of the assignment.

Client Responsibilities

It is agreed that you will work with us and provide us with all reasonable and necessary assistance so that we can provide our Services to you.
This includes:

  • Providing us with accurate and complete information necessary to compile financial statements, including completing the annual questionnaire;
  • Information to be given to us on a timely basis;
  • Updating any information where there has been a material change to the information, including telling us if any of your circumstances change during the course of the Services.
  • The responsibility for the accuracy and completeness of the financial statements remains with you;
  • Any failure to supply us with all relevant records and information remains with you;

Where Devine Accounting prepares GST, PAYE, FBT, income tax or any Inland Revenue returns on the client's behalf, this does not absolve you of your responsibility to meet your IRD obligations.

Authority

You agree to link your tax records to Devine Accounting's agency list at the Inland Revenue Department for all related entities and to make enquiries at the Inland Revenue Department from time to time regarding your tax affairs.

You authorise us to obtain from relevant financial institutions any information necessary to assist with the compilation of your financial statements and tax return.

Confidentiality

Each of us agrees to protect and keep confidential any Confidential Information that is given to us by the other.

Personal Information / Privacy

We may collect Personal Information and other relevant information about you for the purposes of providing the Services to you. If we do, you authorise us to hold, use and disclose such information as is necessary to affect the purpose. We agree to handle all Personal Information about you in accordance with the Privacy Act 1993 and you may have access to and correct any such Personal Information as provided for under the Act.

Fees

Fees rendered by our firm are based on the value of time spent on each assignment. There are no additional disbursement costs for telephone calls, travelling, copying etc.

You accept that we will invoice for our services regularly i.e. on a monthly basis and/or on completion of the assignment and our invoices will be due for payment within fourteen days of invoice (unless other arrangements have been made at the time of accepting the assignment).

We have several options available for payment for work done and this need to be agreed before any work is undertaken. Confirmation of acceptance by Devine Accounting of the payment plan selected will be emailed and payment is required based on the plan chosen.

Accounting subscription invoices will be sent out on the 1st of the month, by email, for the current month. Payment is due immediately, preferably by automatic payment directly to our bank account.

In the event the IRD selects your enterprise for review or audit, any work required from our firm will be a separate engagement and we will charge for our time based on the hours of work involved.
On discussion with you, refunds received by Devine Accounting on your behalf, from the Inland Revenue Department, may be used to pay any outstanding monies owed by you to Devine Accounting.

Late or Overdue Fees

Where you have engaged us to provide professional services to another party or an associated entity, we will invoice that entity directly. However in the event of late payment or non-payment responsibility remains with you which is acknowledged by those people who sign the terms of engagement.

If payment of any fee is not received by the due date we may charge a $25 late payment penalty, and interest on the balance outstanding after the due date, at a rate of 1.5% per calendar month or part thereof compounded from due date to date of actual payment.

If a client's debt is passed onto a third party, the client will incur ALL associated costs, including debt collection process cancellation fees if incurred.

We may withdraw our services and decline to continue further work until the fee is paid in full or until you have agreed an acceptable repayment arrangement with us. Should services be withdrawn we will not be held liable for any penalties or interest charged or accrued as a result of late filing of tax returns or other documents during the period that services are withdrawn.

Termination

Either of us may terminate this Agreement:

  • at any time by giving the other 30 days written notice; or
  • immediately if the other becomes insolvent or otherwise ceases to carry on business or commits any material breach of this Agreement that is either incapable of being remedied
  • or is not remedied within 14 days of receipt of a notice requiring the breach to be remedied.

We may terminate this Agreement if:

  1. you fail to meet your obligations under this Agreement including to pay our Fees within the time specified or to provide us with adequate Information or instructions; or
  2. there is a change of circumstances beyond our reasonable control (such as auditor independence or regulatory related developments) that prevents us from providing the Services to you.

If this agreement is terminated you agree to pay us the Fees for any work we have done and any expenses we have incurred up to the date of termination

Electronic Communication

Each of us agrees that we may communicate with each other electronically. You acknowledge that electronic transmissions are inherently insecure, can be corrupted or intercepted, may not be delivered and may contain viruses. Neither of us is responsible to the other for any loss suffered in connection with the use of e-mail as a form of communication between us. You consent to receiving such messages until such time as you notify us in writing that you no longer wish to receive them.

In accordance with the Unsolicited Electronic Messages Act 2007, you consent to receiving emails, texts or other electronic transmissions such as newsletters, notification of seminars, items of interest or promotional material from us, unless you notify us to the contrary.

Confirmation

All services are provided subject to the terms of engagement agreement signed by both parties. Any alterations to those terms will be confirmed in writing.

In case of any conflict between the website terms of trade and the terms of engagement agreement, the engagement agreement will prevail.

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