Terms and Conditions

By using the information, services and products available through the services of Ellesmere Consulting you are agreeing to the terms and conditions contained herein, which are subject to change without notice. Ellesmere Consulting provides Bookkeeping, Accounting and consulting services provided for a specified fee ("Service"). As part of the service, Ellesmere Consulting will provide you ("the Client") Bookkeeping, Accounting, consulting and possibly other services that Ellesmere Consulting may decide to offer, subject to the terms hereof. Ellesmere Consulting may modify this Agreement at any time. You agree and continue to agree to use the Services of Ellesmere Consulting in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out below.

By using the Service, you agree to be legally bound and to abide by the Terms of Service, regardless of other documentation being signed by you. If you do not comply with the Terms of Service, Ellesmere Consulting may terminate your right to access the service. Ellesmere Consulting may discontinue or alter any aspect of the Service at their sole discretion and without prior notice or liability.

The fee for the services covered by this engagement is subject to change, and the payment terms are seven days from receipt of our valid Tax Invoice. If you fail to pay an Ellesmere Consulting invoice in accordance with the payment terms we reserve the right to place a hold on your work without penalty until such time as the invoice is paid. We reserve the right to charge interest on all overdue accounts. Interest on overdue accounts is charged at 2% per month, accruing daily until paid. You agree to pay to us or an external supplier of ours all fees and charges associated with the collection of an outstanding and/or an overdue debt.

This engagement may be terminated at any time by either party. In the case of termination, you agree that payment for all services accrued up to and including the date of termination will be paid immediately upon receipt of our Tax Invoice.

You and your employees are responsible for the maintenance of your internal computer systems including but not limited to relevant accounting/financial, CRM or email systems and internal controls for all the business entities. That includes the keeping and maintenance of all required books of account. Ellesmere Consulting is not being engaged to conduct a statutory audit of the financial records of any of your business entities and we will not express an auditor's opinion as to the truth and fairness of the financial statements. In the event of an audit being conducted on your accounts, our normal hourly rate will apply should our assistance be required.

The financial statements and any other documents that we are specifically engaged to prepare, together with any original documents given to us by you, shall be your property. Any other documents brought into existence by us, including general working papers and draft documents will remain the property of Ellesmere Consulting at all times. It is agreed that all materials furnished to Ellesmere Consulting Accountants are owned by you or you have the permission from the rightful owner to use such materials, and you will hold harmless, protect and defend Ellesmere Consulting from any claim or action which may arise from the use of such materials.

Ellesmere Consulting will not at any time disclose to any third party any information that is identified as confidential without your consent or unless required to by law. We will protect such information and treat it as strictly confidential both during the engagement period, and after termination of the engagement. Information that is freely available in the public domain will not be considered confidential.

On termination of our agreement, it is the policy of an Ellesmere Consulting Accountant to return all client files. It is then the responsibility of the client to keep all documentation for a period of seven (7) years in compliance with Statutory Laws. Ellesmere Consulting will not be held responsible for loss due to error or damage at any time.

We are able to send and receive files (in most formats) electronically. However, electronic mail is not secure and any files transmitted may, among other things, be copied, recorded, read or interfered with by a third party while in transit. If we transmit any file electronically, you agree to release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document after transmission, for any delay or non-delivery of any file and for any damage caused to your system or any files by a transmission.

Our services are vast and our work is performed offsite however weekly meetings can be arranged for the collection / return of work and for face-to-face discussion.

The extent of the record keeping function performed by you will vary depending on the assignment and will be agreed during the course of the appointment. It will be your responsibility to ensure the completeness and accuracy of the records and information supplied and to provide explanations on any item questioned in the course of the engagement. This is necessary to ensure the accuracy of the financial information compiled under this engagement.

Ellesmere Consulting strives to provide error-free work. Typographical errors or mistakes which are clearly our fault will be corrected at no charge; client revisions will be charged at our agreed rate; final proofreading is the responsibility of you. Ellesmere Consulting shall not be held responsible for any loss due to errors on our part, missed by you.

Ellesmere Consulting claims no responsibility for the accuracy, content, or availability of information provided through use of its service. Ellesmere Consulting encourages its Clients to determine and abide by the recommendations of their accountant, Australian Taxation Office, Australian Government and other statutory organisations.

Whilst Ellesmere Consulting makes every effort to provide accurate and reliable information and services, we reserve the right not to be held responsible for the correctness, completeness or quality of the information and services provided. We assume no responsibility for consequences resulting from the provision of information and services, including, but not limited to, errors or omissions. All information provided is intended solely to provide general guidance on matters of interest for your personal use and you accept full responsibility for its use. It is provided with no guarantee of completeness, accuracy or timeliness, and without warranty of any kind. Information provided does not constitute legal, accounting, tax or consulting advice.

Ellesmere Consulting Consultants are to be considered at all times an independent contractor, not an employee. As such, you are not held to the obligations of an employer such as superannuation, annual leave, payroll tax, etc. However, the following rights are upheld, consistent with an independent contractor status: (i) Ellesmere Consulting has the right to perform services for others during this engagement; (ii) Ellesmere Consulting has the sole right to control and direct the means, manner and method by which the services are performed; (iii) Ellesmere Consulting has the right to hire assistants and use employees to provide the services required. This engagement does not create a partnership relationship; you, nor we, have the authority to enter into contracts on the other's behalf.

This Agreement shall be construed and controlled by the laws of Queensland, Australia. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of Queensland, Australia.

Ellesmere Consulting may amend or modify these Terms and Conditions or impose new conditions at any time upon notice from Ellesmere Consulting to the Client as published through the Service. Any use of the Service by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.

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