Terms & Conditions
These Terms and Conditions govern your use of the Sheppard Advisory website and the services we offer. By accessing or using this website, you agree to comply with these terms. If you do not agree with any part of these Terms and Conditions, please discontinue your use of the website and refrain from engaging with our services.
General Information
The information provided on the Sheppard Advisory website is for general informational purposes only. It is not intended to be financial, legal, or professional advice and should not be relied upon as such. While we make every effort to ensure that the information on this website is accurate and up to date, we make no guarantees or warranties, express or implied, as to the accuracy, completeness, reliability, or suitability of the content for any purpose.
Any reliance you place on the information from this website is strictly at your own risk. Sheppard Advisory is not liable for any loss or damage, including indirect or consequential loss or damage, arising out of your use of, or reliance on, the information contained on this website.
We reserve the right to update, modify, or remove content at any time without notice.
Use of the Website
You agree to use this website for lawful purposes only and in a manner that does not infringe the rights of, restrict, or inhibit the use and enjoyment of this website by any third party. Prohibited behaviour includes, but is not limited to, transmitting offensive or obscene content, harassment, or any activity that may cause harm to others or disrupt the operation of the website.
You must not use this website:
- To upload, post, or transmit any material that is defamatory, obscene, harmful, or violates the rights of any individual or entity.
- To impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
- To distribute viruses, malware, or any other malicious code designed to harm the operation of any hardware or software.
- To collect or store personal data about other users without their consent.
Sheppard Advisory reserves the right to restrict, suspend, or terminate your access to this website at any time, for any reason, without notice.
Intellectual Property
All content on this website, including but not limited to text, graphics, logos, icons, images, videos, and software, is the intellectual property of Sheppard Advisory or its content suppliers, and is protected by applicable copyright, trademark, and intellectual property laws.
You are granted a limited, non-exclusive, non-transferable licence to access and use the website for personal and non-commercial purposes only. You may not:
- Reproduce, modify, distribute, display, or otherwise use any content from this website for commercial purposes without prior written permission from Sheppard Advisory.
- Use any data mining, robots, or similar data gathering and extraction tools to extract content from the website.
- Use the Sheppard Advisory name, logo, or any related trademarks without our express written permission.
Any unauthorised use of the website’s content may result in a violation of copyright and trademark laws and may subject you to civil or criminal penalties.
Limitation of Liability
To the fullest extent permitted by law, Sheppard Advisory, its affiliates, and its employees will not be liable for any direct, indirect, incidental, special, or consequential damages resulting from:
- Your use of or inability to use the website.
- Errors, omissions, or inaccuracies in the content.
- Any unauthorised access to or use of our servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from the website.
- Any bugs, viruses, or other harmful components transmitted through the website by any third party.
Sheppard Advisory will not be responsible for any loss of profits, revenue, data, or any other intangible losses, even if we have been advised of the possibility of such damages. You are solely responsible for ensuring that you take appropriate precautions, such as the use of up-to-date anti-virus software and backups of important data, to protect yourself from such risks.
Third-Party Links
The Sheppard Advisory website may contain links to external third-party websites. These links are provided for your convenience only and do not constitute an endorsement or approval of the content, products, or services on those sites.
We have no control over the content, privacy policies, or practices of any third-party websites and accept no responsibility for any damage or loss that may arise from your use of them. You are encouraged to review the terms and privacy policies of any third-party websites you visit before providing them with any personal information.
If you choose to access any third-party website linked from the Sheppard Advisory website, you do so at your own risk.
Services & Engagement
The professional accounting, tax, and business advisory services provided by Sheppard Advisory are governed by separate terms and conditions, which are outlined in the engagement agreements specific to each client. These agreements include details on the scope of services, fees, and payment terms.
Before providing any services, Sheppard Advisory will issue an engagement letter outlining the terms of the professional relationship. By signing the engagement letter, you agree to the terms and conditions specified therein.
Should there be any conflict between the terms outlined in the engagement letter and those contained on this website, the terms in the engagement letter will take precedence.
Tax Agent
By accepting the terms of this engagement, you agree to the appointment of Sheppard Advisory as your Tax Agent. This authorises us to prepare and submit documents and forms to the Australian Taxation Office on your behalf, as deemed appropriate and at our discretion. These may include documents and forms related to tax agent administration, income tax, Goods and Services Tax (GST), Pay As You Go (PAYG), and activity statements.
ASIC Agent
By accepting the terms of this engagement, you consent to Sheppard Advisory acting as your ASIC Agent (where applicable). All companies are required to lodge an Annual Company Statement with the Australian Securities & Investments Commission (ASIC) each year. ASIC imposes a fee for the preparation and review of the Annual Company Statement. Sheppard Advisory also charges an annual fee for maintaining your corporate register.
GST & Activity Statements
Where the preparation and lodgement of Business Activity Statements (BAS) are necessary, we may conduct a general review of GST-related transactions, provided full details are submitted. However, our engagement should not be solely relied upon to guarantee the correct GST treatment of all transactions. It remains your responsibility, as well as that of your staff, to highlight any transactions requiring further review or specific consideration.
Fees and Payments
Fees for services provided by Sheppard Advisory are outlined in your engagement agreement and are based on the scope and complexity of the work. Any additional costs, such as disbursements, will also be included in the engagement agreement.
Invoices are payable upon receipt or within the terms specified in the engagement agreement. Late payments may result in interest charges, suspension of services, or termination of the engagement.
Our fees will be charged in accordance with the terms outlined in the Cost and Services Agreement.
- Fees will be subject to GST unless the services provided are GST-exempt (e.g., export of services).
- Should we incur any expenses on your behalf, we will charge you the GST-inclusive amount of those expenses, less any input tax credits we are eligible for. These expenses will be increased by the amount of GST we are required to pay.
- If we incur disbursements as your agent, we will charge you the GST-inclusive amount of these disbursements and provide you with the necessary details to allow you to claim any input tax credits, if you are entitled to do so.
Default in Payment
If you:
a. Default on any payment;
b. breach any of the terms outlined in this agreement;
c. commit an act of bankruptcy or become bankrupt;
d. are insolvent or likely to become insolvent as defined by the Corporations Act 2001 (Cth);
e. have an administrator, liquidator, provisional liquidator, receiver and manager, or controller appointed over your company;
f. are subject to a winding-up application under the Corporations Act 2001 (Cth); or
g. have a judgement issued against you by any court or tribunal;
then we reserve the right to terminate this agreement, and all outstanding invoices and other monies owed to us will become immediately due and payable.
In the event of default, we may, at our discretion:
a. apply an interest charge on your account at a rate of 5% of the outstanding amount per month, or part thereof;
b. charge an administration fee for each month, or portion thereof, that any overdue amounts remain unpaid;
c. commence legal proceedings against you or enforce any personal guarantee;
d. call upon and act upon any security interest to which we are entitled;
e. recover from you all amounts owed to us, including any incidental costs incurred due to your default;
f. report the payment default to the appropriate credit reporting agency; and
g. take any other action we deem necessary to enforce this agreement and recover the monies owed.
If you have any questions regarding fees or payments, please contact us promptly to discuss the matter.
Termination of Engagement
Either party may terminate this engagement by providing written notice to the other. If there is a material breach of the terms and conditions, and the breach is not remedied within 30 days of written notice, the non-breaching party may terminate the engagement. Should the engagement be terminated before completion, Sheppard Advisory will be entitled to payment for any work completed and costs incurred up to the termination date, based on the agreed fixed fees or as specified in the engagement terms.
In cases where a retainer arrangement has been agreed, the engagement cannot be terminated until the end of the agreed retainer period.
Consequences of Termination
Upon termination, both parties have certain obligations. You are required to promptly settle any outstanding service fees and expenses incurred by Sheppard Advisory up to the date of termination, unless in dispute. Additionally, you must return or delete all confidential information provided by Sheppard Advisory during the course of the engagement.
For our part, we will refund any balance of advance payments, after deducting any outstanding service fees and expenses. We will also return or delete all confidential information you provided, except for one copy retained for quality assurance or insurance purposes.
Notices
Any notice given under this engagement must be in writing, in English, and addressed to the relevant party’s contact details as listed in the engagement proposal, or as otherwise notified in writing. Notices may be delivered in person, sent by pre-paid mail, or sent by email to the respective email address.
A notice will be considered received at the time of delivery if delivered in person, on the third business day after posting if sent by mail, or at the time deemed appropriate under the Electronic Transactions Act 1999 (Cth) if sent by email.
Document Ownership
All original documents supplied by you throughout the course of our engagement will remain your property. However, Sheppard Advisory retains the right to create and keep copies of any such documents for our own records.
During the engagement, we may produce work papers (such as reports, reconciliations, and other relevant documentation). Ownership of these work papers will be transferred to you. Nevertheless, any other documents or materials generated by Sheppard Advisory in relation to this engagement will remain the property of the firm, in accordance with applicable legal obligations.
In the event of a dispute, Sheppard Advisory reserves the right to assert a lien over any client documents that are in our possession.
Conflict of Interest
At Sheppard Advisory, we are committed to maintaining the highest ethical standards. We recognise the importance of identifying and managing any conflicts of interest that may arise during our engagement with you. Should a conflict of interest be identified, we will promptly disclose it to you and take appropriate steps to manage or resolve the conflict in a manner that protects your interests.
In cases where we believe the conflict cannot be effectively managed or may compromise the quality of our services, we may need to withdraw from the engagement. However, we will always strive to work with you to find a suitable resolution in compliance with professional standards and ethical guidelines.
External Reviews
Sheppard Advisory is subject to quality control review programmes conducted by The Institute of Chartered Accountants in Australia. In addition, our audit files may be reviewed by the Australian Securities & Investments Commission (ASIC), or its representatives, to ensure compliance with legislative and professional standards. By accepting these terms, you agree that our files may be made available for such reviews, subject to your prior written consent, which shall not be unreasonably withheld.
Privacy Policy
Your privacy is of utmost importance to us. By using the Sheppard Advisory website, you consent to the collection, use, and disclosure of your personal information as outlined in our Privacy Policy. The Privacy Policy explains how we collect, use, and protect your personal data and how you can exercise your rights concerning your information.
Sheppard Advisory is committed to complying with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). If you have any concerns regarding our handling of your personal information, you can contact us at the details provided on our Privacy Policy page.
Confidentiality
Any confidential information that you provide to Sheppard Advisory during the course of our professional relationship will be protected in accordance with applicable laws and our confidentiality obligations. We will not disclose any confidential information unless required by law, or with your express consent.
You agree to keep confidential any proprietary or confidential information that Sheppard Advisory may provide to you in the course of delivering services. This includes, but is not limited to, financial reports, analysis, advice, and strategies.
Changes to These Terms
Sheppard Advisory reserves the right to update or modify these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting on the website. By continuing to use the website after any changes are made, you agree to be bound by the revised terms.
It is your responsibility to review these Terms and Conditions regularly to stay informed of any updates.
Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Queensland and the Commonwealth of Australia. By accessing and using the Sheppard Advisory website, you submit to the exclusive jurisdiction of the courts in Queensland for the resolution of any disputes arising out of these terms or your use of the website.
Contact Us
If you have any questions regarding these Terms and Conditions, or if you need further information about our services, please feel free to contact us at:
Sheppard Advisory
Email: hello@sheppardadvisory.com.au
07 3184 9134
PO Box 854, ALBANY CREEK QLD 4035