Terms and Conditions

We aim to do business fairly and in a transparent manner and will do our best to make sure you are happy.

TERMS OF BUSINESS

MaxBizz Pty Ltd (“T/As Beyond Taxes”) has set out in this document our basic terms and conditions (the “Terms and Conditions”), which together with our Engagement letter (together called “this Agreement”), will apply to all work performed by Beyond Taxes for you (the “Client”) with respect to this Engagement.

1. Authorisations

1.1 Each of Beyond Taxes and the Client confirms that it has obtained all necessary authorisations to enter into and perform this Agreement (“Agreement”).

2. Performance of the Services

2.1 Beyond Taxes will provide the Services set out in our Engagement Letter and will use all reasonable commercial efforts to provide the Services in an efficient and timely manner, using the necessary skill and expertise to an appropriate professional standard.

2.2 To perform the Services successfully, we require your timely cooperation, including:

(a) providing Beyond Taxes promptly with all information and documents that we reasonably require to enable us to provide the Services. This also includes access to appropriate members of your staff, records, information, technology, systems and premises;

(b) ensuring that all information you provide to us is true, correct and complete;

(d) ensuring that appropriate back up, security and virus checking procedures are in place for any computer facilities you provide;

(e) making decisions promptly to facilitate the performance of the Services; and

(f) allowing and authorising access to automated bank downloads which are required for

all subscription services.

2.3 Unless both parties agree otherwise in writing, dates in any timetable set out in the Engagement Letter or otherwise advised are intended for planning and estimating purposes only and are not contractually binding. The timely completion of the Services requires your cooperation in the provision of information relevant to the Services. Estimates of time for completion of the Services are given on the assumption that we receive this cooperation. We may charge additional fees and expenses which result from delays in providing this cooperation.

2.4 The scope of the Services is limited to the work specified in our Engagement Letter. The services that we provide are not legal services and do not constitute legal advice. Either party may request changes to the Services.

2.5 Our work will be based on the information provided to, or obtained by, us. We rely on you bringing to our attention any changes in the information as originally presented, as it may affect our advice. You will ensure that information supplied by you or on your behalf, to the best of your knowledge and belief., is not false or misleading and does not omit material particulars. We will not verify the accuracy and completeness of such documentation or information.

2.6 We have not audited or independently verified the accounting records or information that you have provided to us.

2.7 All income tax returns are subject to review by Beyond Taxes Head Office and further examination by the Australian Taxation Office (“ATO”). You may be requested to produce documents, records or other evidence to substantiate items shown on the income tax return. In the event of an examination by the ATO or any other government regulatory body, any services rendered in respect of the examination, including the compilation of existing information will be charged as a separate fee, based on either an hourly rate or set amount agreed as set out in Clause 13. An examination may involve an audit, review, questionnaire or request for additional information.

2.8 The preparation of your income tax return does not constitute a prudential tax audit and cannot be relied upon as such. The onus is on you, the taxpayer, to self- assess and there may be substantial penalties for incorrect returns. You should carefully review the income tax return to ensure that items shown are accurately stated so that amendments can be made for any incorrect matters. You are required by law to keep full and accurate records relating to your tax affairs.

2.9 We often have to rely on external information or public records to carry out your instructions. We do not accept responsibility and will not be liable for any direct or indirect damage or loss caused by errors or omissions in external information.

2.10 In the course of providing the Services, we may provide oral comments or draft reports, presentations, letters, schedules and other documents. No reliance shall be placed on such oral comments or draft documents, conclusions or advice as they may be subject to further work, revision and other factors. The final results of our work will be set out in our final report or advice.

2.11 Changes in the law may take place before our advice is acted upon or may be retrospective in effect. Unless specifically stated in the Engagement Letter, we accept no responsibility to inform you of changes in the law or interpretations affecting advice previously given by us.

2.12 You acknowledge that information made available by you or relating to you and known by Directors or staff at Beyond Taxes who are not engaged in the performance of the Services shall not be deemed to have been made available to the individuals within Beyond Taxes who are engaged in the provision of the Services.

2.13 Some of the matters on which we may be asked to advise you may have tax implications for other entities, directors, employees or any other parties. Unless advising on such tax implications is expressly included in the Services, we will not bear any liability to you or any other relevant entities, directors, employees or any other parties in respect of those tax implications, and you indemnify us against any claim by any such entities, directors, employees or other parties in this respect.

3 Services Solely for Client Benefit

3.1 The Services will be provided solely for your benefit and use unless provided otherwise in the Engagement Letter. Except as required by law, you must not provide any documentation or deliverables in respect of the Services to any third party (including without limitation, the filing of information containing or referring to any of our reports with regulators or the inclusion of our reports in any public document) without our written consent. We accept no liability or responsibility to any third party in respect of the Services.

4 Confidentiality

4.1 For the purpose of this Agreement, “Confidential Information” means all non-public information or documents which either party receives or produces in connection with the Services and includes Beyond Taxes’s working papers, information and methodologies, but does not include any information which is:

(a) or becomes generally available to the public other than as a result of a breach of this clause;

(b) known to either party prior to Beyond Taxes commencing the Services;

(d) developed by either party independently of the Services to which this Agreement relates.

4.2 Neither Beyond Taxes nor the Client may disclose Confidential Information about or belonging to the other without the other’s consent.

4.3 Notwithstanding the above, Beyond Taxes may disclose Confidential Information to Contractors in relation to the provision of the Services, to assist in quality assurance reviews or for its business purposes and either party may disclose Confidential Information to:

(a) its insurers or legal advisors, provided that the Confidential Information remains confidential;

(b) if required to do so by law or by a regulatory authority including under subpoena; or

4.4 Subject to Clause 4.1 and 4.2 we may cite the performance of the Services to clients as an indication of our experience.

5 Privacy of Personal Information

5.1 In performing the Services, we agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Commonwealth)

(“Privacy Act”) and any other applicable legislation or privacy guidelines, as set out in our Privacy Policy which is available on our website at: www.beyondtaxes.com.au (“Website”).

5.1 If the performance of the Services requires a third party to this Agreement to supply personal information to us on your request, it is your obligation to ensure that the third party has satisfied the requirements of the Privacy Act and is permitted by the Privacy Act to disclose such personal information to us.

5.2 If the Services require Beyond Taxes to collect personal information from a third party, you will ensure that such collection of personal information complies with the Privacy Act, and do and be responsible for, all things necessary (including obtaining appropriate consents) for Beyond Taxes to collect such personal information.

5.3 If information is disclosed to us in the course of our engagement, it will be treated in accordance with the Privacy Act and the terms of our privacy policy.

6 Quality Control

6.1 Beyond Taxes is subject to quality control review programs conducted by industry and professional bodies in Australia. The work we perform for you may be selected by the examiners for review. You acknowledge that, if requested, our files relating to this engagement will be made available. If you object to being included in any of these review processes, you must advise us in writing at the commencement of the engagement and we will use our best endeavours to exclude this engagement from such review. We may participate in other external or internal review processes in relation to quality.

7 Intellectual Property

7.1 Unless otherwise specified in the Engagement Letter, intellectual property rights in the Services, the Website, documentation, systems, materials, methodologies and processes brought to the engagement by Beyond Taxes or created in the course of the engagement by Beyond Taxes shall remain the property of Beyond Taxes.

7.2 Title to, and all Intellectual Property Rights in relation to your data remain your property. You grant Beyond Taxes a license to use, copy, transmit, store and backup your information and other data for the purposes of enabling you to access and use the Services and for any other purposes related to provision of services to you. Your access to data is contingent on full payment of your Beyond Taxes fees.

7.3 You must retain original copies of all data provided to and by Beyond Taxes. Beyond Taxes adheres to industry best practice guidelines to prevent data loss, including secure back-ups of all client data but does not make any guarantees that there will be no loss of Data. Beyond Taxes expressly excludes liability for any loss of client Data.

7.4 Subject to clause 4, Beyond Taxes will not be restricted by the Agreement from developing and using in the future any techniques, methodologies, ideas, concepts, information and general knowhow.

7.5 You must not use the Beyond Taxes logo on any websites or in any public statement, (including filing all or part of a report with a regulator or including all or part of a report in any public document) without obtaining our prior written consent.

7.7 The working papers for this engagement, including electronic documents and files, are our property and constitute Confidential Information.

8 Access conditions

8.1 You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You are responsible for all use of your usernames and passwords, and liable for any loss or damage that we suffer, caused by misuse of your usernames and passwords. We are not liable for any loss or damage that you suffer, caused by misuse of your usernames and passwords. You must immediately notify Beyond Taxes of any unauthorized use of your passwords or any other breach of security. Beyond Taxes will then notify the software provider in question who will reset your password and you must take all other actions that Beyond Taxes and the software provider reasonably deems necessary to maintain or enhance the security of Beyond Taxes ’s/the Software Provider’s computing systems and networks and your access to the Services.

8.2 As a condition of these Terms and Conditions, when accessing and using the Services, you must:

(a) not attempt to undermine the security or integrity of Beyond Taxes ’s or the software provider’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;

(b) Not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website, including not attempt to or tamper with, hinder or modify the Website, attempt to or knowingly transmit viruses or other disabling features, or damage or interfere with the Website in any way including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Website;

(c) Not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Services are hosted;

(d) Not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in v violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); and

(e) Not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.

(f) Not facilitate or assist another person to do any of the above acts.

9 Documents

9.1 At the end of this engagement we will keep your file and documents for the minimum period stipulated by any relevant legislation. Beyond Taxes may destroy the original of any document as long as it retains an electronic copy, as stipulated by the relevant legislation. At the end of the minimum period we may destroy your file and documents. All files and documents will be destroyed in a confidential manner. You agree that the above data retention arrangements are acceptable for your purposes.

At any time prior to the destruction of the files or documents, you may, by written direction, instruct us to deliver the original or, where provided by relevant legislation, an electronic copy of any documents which belong to you, either to you or to a nominee (in which case we may retain copies of those documents).

9.2 If you become aware that any document relating to this engagement is, or is r reasonably likely to be, required as evidence in a legal proceeding, please immediately advise us so that the file can be delivered to you for safe keeping.

9.3 If we are provided with custody of any documents by you or on your behalf, including share registers or constitution documents, those documents will be retained during the course of our appointment (unless their earlier return is requested), at the end of which they will be returned to you unless separate arrangements have been made. We may retain copies.

9.4 We reserve the right to exercise a lien over any documents and files belonging to you which may be in our possession.

9.5 All original documents obtained from you arising from our engagement will remain your property. However, we reserve the right to make a reasonable number of copies of the original documents for our records.

9.6 Our engagement will result in the production of income tax returns, financial accounts and associated reports. It may also result in the provision of taxation advice. Ownership of these documents will vest in you. All other documents produced by us in respect of our engagement will remain our property.

10 Use of software

10.1 You agree to the Terms & Conditions of “SageOne”, “LodgeIT”, “Quickbooks”, “MYOB” and “Xero”. You understand that Beyond Taxes may sign-up and agree to the “Terms & Conditions” of the mentioned-above software on your behalf, unless clearly requested by you before engaging the services of Beyond Taxes.

10.2 You agree to the Terms & Conditions of other software used by Beyond Taxes that you are required to access in the provision of Services to you. This includes cloud- based software accessed by you the Client, as instructed or made available by Beyond Taxes.

10.3 Beyond Taxes may also use or develop software, including spreadsheets, databases and other electronic tools (“Tools”) in providing the Services. If we provide these Tools to you, you acknowledge that (except where these Tools are a specific deliverable under our Agreement with you) they are not your property, were developed for our purposes and without consideration of any purposes for which you might use them, are made available on an “as is” basis for your use only and must not be distributed to or shared with any third party. To the full extent permitted by law, we make no representations or warranties as to the sufficiency or appropriateness of the Tools for any purpose for which you or a third party may use them.

10.4 You agree that Beyond Taxes does not accept any liability for the content or performance of any third-party website accessed through this website, not endorse or approve the contents of any such site. Beyond Taxes does not give any warranty that this website is free from viruses or anything else which may have a harmful effect on any technology.

11 Electronic Communications

11.1 We will communicate with you electronically, including sending you Commercial Electronic Messages (as that term is defined in the SPAM Act 2003). You consent to us sending Electronic Communications to you.

11.2 Electronically transmitted information cannot be guaranteed to be secure or virus or error free and consequently such information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete or otherwise be adversely affected or unsafe to use. We will not be liable to you in respect of any error, omission or loss of confidentiality arising from or in connection with the electronic communication of information to you.

12 Limitation of Liability

12.1 The liability of Beyond Taxes for loss or damage arising from or in relation to the Services, whether arising from breach of contract, tort (including negligence) or otherwise, is limited to an amount equal to ten times the fees payable by you for the Services (“Liability Cap”).

12.2 However, the Liability Cap does not apply if prohibited by the Corporations Act 2001.

12.3 The parties acknowledge the Australian professional standards legislation (“The Australian Professional Standards Legislation”) including the Treasury Legislation Amendment (Professional Standards) Act 2004 (Commonwealth), may apply in accordance with its terms in relation to the liability of Beyond Taxes for loss or damage arising from or in relation to the Services.

12.4 To the extent permitted by law, if, under any applicable Australian Professional Standards Legislation, the maximum liability of Beyond Taxes for loss or damage arising from or in relation to the Services would be:

(a) A higher amount than the Liability Cap, then the Liability Cap will not apply and the maximum liability of Beyond Taxes will be calculated in accordance with the Australian Professional Standards Legislation.

(b) A lower amount than the Liability Cap, then the Liability Cap will not apply and the maximum liability of Beyond Taxes will be calculated in accordance with Australian Professional Standards Legislation.

12.5 To the extent permitted by law, Beyond Taxes excludes all liability for any indirect, incidental or consequential expense, loss, damages or costs, loss of profits or revenue, business interruption, loss of data, or failure to realise anticipated savings or benefits whatsoever incurred by or awarded against the Client (whether or not Beyond Taxes has been advised of the possibility of such expense, loss, damage or costs) arising in any way out of or in relation to the Services.

12.6 If you make any claim against us for loss arising out of or in connection with the Services or this agreement, liability for your loss and any amount you may recover will be apportioned having regard to the respective responsibility for the loss.

12.7 You are liable for and will indemnify and hold harmless Beyond Taxes , our respective directors, employees and contractors from and against any liabilities, losses, claims, costs, damages or expenses (or actions that may be asserted by any third party) that may result from any third party claims arising out of or in relation to the provision of the Services or any use by you of any deliverable under this Agreement, including your breach of this Agreement, and will reimburse Beyond Taxes for all costs and expenses (including legal fees on a solicitor/client basis) incurred by Beyond Taxes in connection with any such action or claim. This indemnity does not apply if prohibited by the Corporations Act 2001.

12.8 We have not made any, and to the extent permitted by law we exclude, all warranties, conditions or guarantees of any nature in respect of the Services or the satisfactory conclusion of the Services or with respect to the economic, financial, or other results which you may experience as a result of the provision of the Service.

12.9 Where warranties, conditions, or guarantees or any other rights are implied in this Agreement or otherwise conferred by the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 or other laws, and it is not lawful or possible to exclude them, then those warranties, conditions or guarantees or other rights will (but only to the extent required by law) apply to this Agreement. To the extent permitted by law, we limit our liability in respect of such warranties, conditions or guarantees to the supply of the Services again or the payment of the cost of having the Services supplied again. You agree not to bring any claim (whether in contract, tort (including negligence) or otherwise) arising out of or in connection with the Services against any of our employees personally. This will not limit or exclude any liability we may have for their acts or omissions. The provision of this clause is expressly for the benefit of our employees, and you agree that each employee is entitled to rely on this clause as if they were parties to this Agreement.

13 Fees and Expenses

13.1 Where you have signed up to the Service, we will not change the amount or frequency of the charging arrangements without your prior approval.

13.2 Accounts are to be paid prior to work being performed, as set out in the Engagement Letter except where otherwise mentioned. Work will not be performed until payment is received. This may result in delays in Beyond Taxes performing services in a timely manner. Such delays may incur additional charges by Beyond Taxes or imposed by external regulatory bodies which are to be payable by you. For a Service that includes a monthly recurring subscription charge, Beyond Taxes will charge your nominated financial institution account on the first day of each subsequent month after the first months Service payment. If the due date is not a business day, Beyond Taxes will charge your nominated account on the business day before or after that date.

13.3 It is your responsibility to ensure there are sufficient funds available in the nominated account to meet each charge. Further, you should advise us if the nominated account is transferred or closed, your credit card will expire, or the account details change. Should you not advise us of any changes that have occurred to your account, and we incur fees as a result, we reserve the right to on- charge those fees to your account. We may take action necessary to recover unpaid fees and charges. You are liable to pay costs including debt collection, commission, solicitor’s fees, and any out-of-pocket expense. Accounts that are not rectified within 4 days may be suspended or terminated in accordance with Clause 15.

13.4 The consideration payable for any supply made or to be made under this Agreement is exclusive of any goods and services tax (“GST”). If GST is payable on any supply made or to be made under this Agreement, you agree that the consideration payable for any such supply shall be increased by an amount equal to the amount of GST payable by Beyond Taxes in respect of that supply.

13.5 All tax invoices for Services will be available within your client portal.

14.6 We may revise our fee scale from time to time. We reserve the right to change our rates and will communicate any such change directly to you. Where we inform you in advance, out-of-pocket expenses incurred in connection with the engagement will be charged to you.

13.7 If we receive any notice or demand issued by any third party, including ASIC, the ATO, the Australian Stock Exchange, any government statutory body or instrumentality or any court or tribunal in relation to or in connection with the Services, you agree to pay our reasonable professional costs and expenses (including solicitor/client expenses) in complying with or challenging any such notice or demand to the extent that our costs and expenses are not recovered or recoverable from the party issuing the notice or demand. We will notify you as soon as practicable (unless restricted by law) where we receive any such notice or demand.

13.8 If at any time you would like to discuss with us how the Services can be improved or if you have a complaint about them, you are invited to telephone any of our directors. This extends to where you consider that a charge has been initiated incorrectly or at an incorrect amount. We will investigate any complaint promptly and do what we can to resolve the difficulties. The preferred channel for any problem resolution is to email: admin@beyondtaxes.com.au so it can be properly documented and resolved. If the problem cannot be resolved, the parties agree to enter into mediation, or some other form of alternative dispute resolution, before commencing legal proceedings. In the event of a dispute, or where fees remain unpaid beyond the due date, we reserve the right to suspend provision of the Services until such time as the dispute is resolved or the fees are paid. Suspension of the Services will not affect your obligation to pay us for Services rendered to the date of suspension.

14 Contractors and Third Parties

14.1 We reserve the right to employ Contractors, and any reference to our staff includes Contractor staff. Subject to any contrary provision in our Engagement Letter we will remain liable to you for any of the Services that are provided by our Contractors.

15 Term and Termination

15.1 This Agreement will apply from the commencement date stated in the Engagement Letter, or where no commencement date is specified, from the date of acceptance of the Agreement as specified in our Engagement Letter or the date on which the Services commenced, whichever is earlier.

15.2 Subject to any statutory provisions that apply to the Services, either party may terminate this Agreement at any time by giving at least 30 days written notice. If monthly subscription fees are not paid, we reserve the right to suspend or terminate your account within 4 days. On termination, Beyond Taxes is not obligated to perform any of the services listed out in your Package. On termination, you shall immediately pay, on request, all fees and expenses due in respect of the Services provided up to the date of termination and, unless the Agreement is terminated for cause, you will pay our reasonable cost and expenses incurred in connection with the termination of the Agreement.

15.3 We may terminate the Terms at any time, without notice, if:

(a) we consider that a request for a Service is inappropriate or for any improper, immoral or unlawful purpose;

(b) if you fail to provide us with clear or timely instructions to enable us to provide the Services;

(d) for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe; or

(e) you fail to pay an Invoice within 30 days of the due date.

This is in our sole and absolute discretion.

15.6 On termination or completion of this Agreement, pay all amounts outstanding for Services rendered. We may retain our working papers and documentation, or software prepared by us and any other documentation on which our Services are based to enable us to maintain a professional record of our involvement. You may retain your originals and any copies of our reports and letters made in accordance with the provisions of this Agreement.

15.7 Termination of the Agreement shall be without prejudice to any accrued rights of both parties.

15.8 The terms of the Agreement which expressly or by implication are intended to survive its termination or expiry will survive and continue to bind the parties.

16 General

16.1 Relationship with other clients

We provide Services to other clients, some of whom may be in competition with you or have interests which conflict with your own. We will not be prevented or restricted by virtue of our relationship with you under this Agreement from providing Services to other clients.

16.2 Our relationship with you

You acknowledge and agree that our relationship with you is that of an independent contractor. Neither of us may claim or make any representation whatsoever to any third party that it is an agent of, or in partnership with, the other party and each party acknowledges that is has no power or authority to bind the other in respect of any matter whatsoever and it will not represent to any person that it has such power or authority.

16.3 Waiver

A failure or delay by a party in exercising a power or right given to it under this Agreement does not operate as waiver of that power or right, nor does a single or partial exercise of a power or right prevent any other or further exercise of it. A waiver by a party of a power or right given to it under this Agreement does not affect any other provision of this Agreement.

16.4 Conflict of interest

You are also required to advise us if you become aware of any conflict of interest or potential conflict of interest.

Generally, a conflict of interest is any event which may result in us becoming unable to remain objective in the performance of our services to you. Some examples of events which could give rise to a conflict of interest or potential conflict of interest during this engagement are changes to your business circumstances, events affecting your family (e.g. death and/or marriage breakdown) or a legal action commencing against you.

16.5 Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the State where client sign’s/resides, and the Courts of that State shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising from it. The parties irrevocably waive any right they may have to object to any action being brought in an inconvenient forum or to claim that those courts do not have jurisdiction.

16.6 Force majeure

Neither of us will be liable to the other for any delay or failure to fulfil their obligations (excluding payment obligations) under this Agreement to the extent that any such delay or failure arises from causes beyond their control, including but not limited to fire, flood, acts of God, acts or regulations of any governmental authority, war, riot, terrorist activities, strikes, lockouts, industrial disputes, including without limitation, incorrect email addresses, internet failures, computer equipment failures, other equipment failures, or non-performance of third parties.

16.7 No assignment

Neither of us may transfer, charge or otherwise seek to deal with our rights or obligations under this Agreement without prior written consent of the other party, except that we may each transfer our respective rights and obligations to any partnership or legal entity authorised to take over all or part of our business.

16.8 Validity of Agreement terms and severance

If any provision of this Agreement is held to be invalid, in whole or in part, such provision shall be deemed not to form part of and will be severed from, the Agreement. The enforceability of the remainder of the Agreement will not be affected.

16.9 Entire agreement

This Agreement forms the entire agreement between us relating to the Services. It replaces and supersedes any previous correspondence, understandings, or other communications (written or oral).

17 Our obligation to comply with the law

17.1 We have a duty to act in your best interests. However, the duty to act in your best interests is subject to an overriding obligation to comply with the law even if that may require us to act in a manner that may be contrary to your interests. For example, we could not lodge an income tax return for you that we knew to be false in a material respect.

17.2 We also have an obligation to ensure that we manage conflicts of interest as they arise. In this regard, we have arrangements in place to ensure that we manage potential or actual conflicts of interest. The effective operation of these arrangements depends, in part, on you complying with your obligation to disclose any potential conflicts of interest to us

17.3 Unless otherwise stated, any opinion provided is based on the Australian tax law in force and the practice of the Australian Taxation Office (the ATO) applicable as at the date of the Engagement Letter.

17.4 Our advice and/or services will be based on Australian taxation law in force at the date of the provision of the advice and/or services. It is your responsibility to seek updated advice if you intend to rely on our advice at a later stage. We note that Australian taxation laws are often subject to frequent change and our advice will not be updated unless specifically requested by you at the time of the change in law or announced change in law.

18 Definitions

For the purpose of this Agreement: Agreement means the agreement between us as set out in these Terms of Business and our Engagement Letter together with any changes to the

Agreement that are agreed in writing between us.

Engagement Letter means the Engagement Letter or confirmation letter to which these Terms of Business are attached.

Privacy Policy

This Privacy Policy lays out the privacy policy of the MaxBizz Pty Ltd regarding the means we acquire, process, and disclose information about our visitors through our website at www.beyondtaxes.com.au. All following agreements are bound by the Australian Privacy Principles (“APPs”) contained in Privacy Act 1988 (Cth) (“the Act”).

We recognise and respect your privacy concerns, especially when it comes to the use and disclosure of Personal Information. We are dedicated to maintaining a high level of privacy for all Personal Information we gather.

This Privacy Policy applies to the MaxBizz Pty Ltd, but not to other websites linked to the MaxBizz Pty Ltd.

To avoid doubts or questions regarding the agreement, this Privacy Policy applies to Personal Information collected and used in Australia by the MaxBizz Pty Ltd concerning any of the following:

customers;
suppliers or prospective suppliers;
independent contractors or any person who applies to become an employee or independent contractor; and
employees, except where the use or disclosure is directly related to the relationship between us as the employer and you as the past or present employee and relates to an “Employee Record” about you.

Your Consent

You agree that your Personal Information may be used by any or all of the following per this Privacy Policy:

by requesting a quote or placing an order, entering a competition, participating in a promotional campaign, filing a complaint, or for any other reason;
by enquiring about or submitting an application to become an employee or an independent contractor
by visiting our website or participating in an online enquiry, by becoming a member of our Double Happy Club through signing up for our electronic mailing list;
by visiting any website or social media site established by us, including but not limited to Facebook, Twitter, Instagram or downloading and/or using any online App related to Beyond Taxes;
by engaging in any activity on a social media channel, including but not limited to entering competitions, subscribing to our blog, sharing any material on any social media channel, following, liking, and/or commenting on us or anything on any social media channel; and
by participating in any activity on a social media channel.

What is Personal Information?

“Personal Information” is defined as information or an opinion about you as an identified individual or a reasonably identifiable individual, whether or not the information or opinion is factual and whether or not it is recorded in a material form, for the purposes of this Privacy Policy.

The Privacy Act exempts us as an employer from any act or conduct directly related to the “Employee Record.” An “Employee Record” contains health and personal information about the following:

employee engagement, training, discipline;
resignation, or termination;
employee terms and conditions of employment;
employee performance or conduct;
hours of employment, salary, or wages;
personal and emergency contact information;
employee membership in professional, trade associations, or trade union membership;
employee annual, long service, sick, personal, maternity, paternity, and other leave; and
employee taxation, banking, and other benefits.

With that said, we respect each of our employees’ personal and health information as confidential, and we establish stringent limits on who has access to it. Without your prior approval, we will not disclose your Employee Records to any other party except as permitted by law or our Privacy Policy. We will only confirm or deny information that they have previously obtained from you if a third party makes a written request and you consent to dissemination.

What Personal Information do we collect?

Whether you are or want to be a client, supplier, employee, or independent contractor, the type of Personal Information we collect may differ. Your name, address, telephone number, and email address are examples of Personal Information we gather.

We may also collect the following information from our employees and/or prospective employees: start dates, employment status, location, gender, bank account statements, emergency contact details, qualifications, previous employment details, driver’s license number, car registration number, medical and health information, passport, leave summaries, wage and salary information, date of birth, superannuation information, tax file numbers, visa and immigration information, passports, leave summaries, wages and salary information, date of birth, superannuation information. Some biometric data might be obtained using a vein scanner to correctly identify personnel as they start and finish work, making compensation easier. The biometric data will not be utilised in any other way.

Photos of staff or customers may be taken and utilised for marketing and promotional purposes from time to time, and individuals may be recognised from these images. As an employee, your photo may be used to identify you within the MaxBizz Pty Ltd.

Our locations may have closed-circuit television (“CCTV”). We may use images and video from CCTV for security purposes and to detect and address non-compliance by persons with the law and/or their agreements with us. CCTV may be made available to relevant authorities, including the police, if necessary.

We may be able to obtain other information about you via social media channels, such as photos, videos, and any additional information that you post on our social media channels or sites linked to our social media channels, which may constitute Personal Information in and of itself or which, when combined with other information, is capable of identifying you, including photos, videos, and any additional information that you post on our social media channels or sites linked to our social media channels (“Other Sites”). The extent to which we have access to your information may be determined by your privacy choices on such sites.

You may deal with us anonymously or under a pseudonym in some instances. However, in most cases, this is impractical because if you do not supply us with the Personal Information we require, or if you submit it in a way that does not identify you, we will be unable to provide you with the goods or perform the services you have requested.

How do we collect your Personal Information?

We obtain Personal Information from you in a variety of ways, including:

when you make a general or specific telephone or online inquiry, request a quote, or place an order online or over the phone, enter a competition, participate in a promotional campaign, activate your Double Happy Club membership, lodge a complaint, or engage in Social Media Activity;
when you provide us with such information via application forms, customer feedback forms, business cards, contracts, or other means
by us or third parties on our behalf analysing the social media channels;
by third parties such as credit reporting agencies, recruitment agencies, insurers and insurance brokers, health professionals, referees nominated by you, or your representatives;
by publicly available sources of information; and
by our own records

We can obtain Personal Information through our website if you provide it to us in an email or when you fill out an online form.

When you visit our website, we may keep track of your activities. For statistical purposes and for marketing and advertising to you, the following information may be logged:

your internet IP address;
the date and time of your visit to our site;
the pages you have accessed and the documents you have downloaded; and
the type of browser you were using may all be logged for statistical purposes and marketing and advertising to you.

This type of statistical data does not allow you to be identified.

Cookies and other tracking technologies may be used on our website to recognise a user’s browser each time they visit our site and to track which pages they visit while there. Cookies are small data files that a website saves on your computer’s hard drive for record-keeping purposes. The majority of web browsers are configured to accept tracking technology like cookies. These tracking methods do not personally identify the user. You may tell your browser to reject cookies if you do not want to receive them. However, your ability to utilise our website may be harmed.

How do we use your Personal Information?

Your Personal Information will be used for purposes related to the running of our company and the provision of services to you.

These purposes generally include:

supplying our products and services to you;
providing quality assurance for our products and services;
seeking or responding to your enquiries and feedback regarding our business, our products and services;
monitoring the performance of our websites and our business;
marketing, including email marketing, promotional and educative activities, including keeping you up-to-date with products, services, events, and promotions we believe would be of interest to you; and
monitoring the performance of our websites and our business marketing, including email marketing, promotional and educative activities, including keeping you up
planning, product development, or research;
enforcing the terms and conditions of our involvement with you;
database management; and
ensuring compliance with statutory responsibilities.

Customers’ Personal Information is used for various reasons, including the broad ones listed above, as well as validating, alerting, and/or responding to you in response to any inquiries, complaints, or if you win a competition.

We use and disclose information about you that we collect as an employee in the course of or incidental to our position as your employer and in compliance with relevant laws.

How does Beyond Taxes disclose your Personal Information?

Any of the purposes mentioned above may necessitate disclosing your Personal Information to third parties.

We will not rent, sell, or otherwise disclose your Personal Information to any other company or organisation without your permission unless the law requires it.

You do, however, consent to the following uses and disclosures of your Personal Information:

to third-party consultants who may from time to time manage all or part of our database, computer systems, or internet sites;
to a third-party where we outsource any of our functions, including but not limited to processing online payments, IT and cloud storage service providers and processors, SMS and email marketing service providers, for the development, production, and/or printing of advertising and marketing material and campaigns, including where such material contains sensitive information; to a third-party where we outsource any of our functions, including but not limited to mystery shopping and customer satisfaction surveys are two examples of customer satisfaction surveys;
to prospective purchasers and their legal and accounting representatives as part of or incidental to a sale of all or part of our business;
to the general public, for example, via the internet when notifying competition results or via the media when photographs or video are used in advertising material or campaigns; and
as required by law;
protecting the physical security of our premises and databases/records;
limiting access to individuals who require the information to provide our products and services; and
technological safeguards such as computer passwords, data backup, anti-virus software, and firewalls.

Disclosure of your Personal Information via Social Media channels

By participating in any Social Media Activity on our social media channels, you agree to and are bound by their terms and conditions. Any Personal Information you share on social media may be released in line with those channels’ terms and conditions and privacy policies.

In most cases, the general public will view images and other content uploaded on social media. Such photos and other materials may be shared permanently by others, and anybody visiting the locations where the pictures or other materials have been shared will be able to see them. You might be able to delete the images or other content you have posted from the spot where you first shared it. However, we will have no control over any material that has been shared further, and neither you nor us will be able to remove it from any such location. Any material that has been shared is not our responsibility.

We have the right to remove any images, comments, or other content from our social media channels that we deem to be inappropriate or offensive.

Cross Border Disclosure

Some of the programs, software, internet tools, and social media sites we utilise are hosted and/or headquartered outside of the United States. For example, Facebook, LinkedIn, Instagram, and MailChimp are all based in the United States of America. While we do not intentionally release your Personal Information to such organisations, our use of such programs may result in us disclosing your Personal Information to such organisations located outside of the United States. Such organisations’ use and disclosure of your Personal Information is governed by their terms and conditions as well as their privacy policies.

If you agree to the disclosure mentioned above of some of your Personal Information to the United States of America, we are not obligated to take reasonable steps to ensure that such organisations do not violate the APPs in connection to the revealed information. After being informed of the possibility of such disclosure, you consent to it by engaging in or continuing to engage in the types of actions that indicate your permission, as described above.

Security

We are committed to protecting your Personal Information from misuse, interference, loss, unauthorised access, modification, or disclosure, including taking all reasonable steps to ensure your Personal Information is accurate, up-to-date, and relevant for the purposes it may be used according to this Privacy Policy.

Except stated otherwise, our website does not provide procedures for the secure transmission of Personal Information over the internet. Please be advised that sending Personal Information via the internet carries some risks, whether by email or our website. Links to other websites may be found on our website. We have no control over the privacy practices of other websites, and we take no responsibility for Personal Information submitted through insecure websites.

We cannot guarantee the security of your Personal Information. We will not be held liable for any security breach, unintended loss, or disclosure of information due to the website’s connection to the internet.

How to unsubscribe from our direct marketing

We will make every effort to include specific information on how to unsubscribe from our mailing list in every email or piece of marketing material you receive from us. In any case, you can request to be removed from our mailing list by sending an email to our Privacy Officer.

How to check or change your details

Our Privacy Officer will make sure that your Personal Information is accurate, complete, and up to date, as well as relevant to the purposes for which we are permitted to use it.

If you would like to see the Personal Information we have on file about you, contact our Privacy Officer through email, mail, or fax at the address listed at the bottom of this Privacy Policy. There may be a charge for such access. If your access request is denied, we will explain why.

Please contact our Privacy Officer if you wish to update the Privacy Information because it is inaccurate, out of date, incomplete, irrelevant, or misleading, or if you wish to have your Personal Information erased. We will explain why we are unable to comply with your request.

Changes to our Privacy Policy

We reserve the right to change or update this Privacy Policy at any time. We will update our Privacy Policy and display it on our website when this occurs. We encourage you to review this Privacy Policy regularly to know how we protect your Personal Information.

Complaints

Contact our Privacy Officer if you believe we have not met our requirements under the Act or if you have a complaint about using or sharing your Personal Information. We will talk to you about your concerns and take whatever steps are necessary to address them, including contacting us to pursue the situation further.

We will make every effort to fix your issue as quickly as possible. However, the amount of time will be determined by the degree and intricacy of the issues you have raised.

Within five business days, we will send you an acknowledgement of receipt of your complaint. We will offer you an estimate of how long it will take us to resolve the issue, but we will make every effort to complete it within 30 days.

If we determine that your complaint is valid, we will determine what action we should take. We will make every effort to match the nature of your complaint and the desired outcome with our answer, but this may not always be achievable.

The following are some of the things we may decide to do:

take measures to resolve the problem or issue you have raised;
give you further information or guidance so you can understand what happened and how we handled it; and/or
change our rules or procedures if your complaint reveals a flaw in conducting business.

It is not always possible to resolve a complaint to the satisfaction of all parties involved. In that instance, you should contact the Privacy Commissioner via an online privacy complaint form, which you can find at www.oaic.gov.au/privacy/making-a-privacy-complaint.

We welcome any questions or comments you may have about this Privacy Policy. Please email us if you have any suggestions on improving our Privacy Policy.

(cont.) – Individual Income Tax Return Annual Engagement

Individual Income Tax Return Annual Engagement

Subject: Preparation of Your Individual Tax Returns

Thank you for selecting MaxBizz Pty Ltd Trading as Beyond Taxes to assist you with your tax affairs. This letter confirms the terms of our engagement with you and the nature and extent of services we will provide.

We will prepare your federal and all state income tax returns you request using information you provide to us. We may ask for clarification of some items, but we will not audit or otherwise verify the data you submit.

It is your responsibility to provide information required for preparation of complete and accurate returns. We may request you to send us the tax invoices/receipts or any other supporting documents/data by email, by post or in person. However, it is your responsibility to keep the original documents and data according to the relevant laws.

They may be necessary to prove accuracy and completeness of the returns to a taxing authority (Australian Taxation Office – ATO). You are responsible for the returns, so you should review them carefully before you sign them. Our work will not include any procedures to discover defalcations or other irregularities. The only accounting or analysis work we will do is that which is necessary for preparation of your income tax returns. We will use our judgment in resolving questions where the tax law is unclear, or where there may be conflicts between the taxing authorities’ interpretations of the law and other supportable positions. Unless you instruct us otherwise, we will apply the “realistic possibility of success” standard to resolve such issues in your favour where possible. The law imposes penalties when taxpayers understate their tax liability. If you have concerns about such penalties, please call us.

Your returns may be selected for audit by the ATO. Any proposed adjustments are subject to appeal. In the event of a tax examination/audit, we can arrange to be available to represent you. Such representation will be a separate engagement for which an engagement letter will be provided to you. Fees and expenses for defending the returns will be invoiced in accordance with terms we agree on for that engagement.

**We must receive all information for your return by the deadline to ensure that it will be completed by that deadline. If we receive your information after the deadline, it’s still your obligation to lodge your income tax return. However, penalties and interest can still be assessed by the ATO. We can assist you to seek the penalties and interest waived but there’s no guarantee and this will be a separate engagement. Please note you may be still liable for the penalties and interest if we cannot succeed.

Our fee for preparation of your tax returns will be based on the amount of time required at standard billing rates plus out-of-pocket expenses. We understand that our tax calculations are estimate but our jobs are complete and chargeable. Our invoices are due and payable at the time of service delivery/pick-up or 7th days after delivery of invoices or otherwise agreed by both parties. Our fee does not include responding to inquires or examination by taxing authorities or third parties. However, we are available to represent you and our fees for such services are at our standard rates and would be covered under a separate engagement letter. We will retain copies of records you supplied to us along with our work papers for your engagement for a period of five (5) years. After (5) years, our work papers and engagement files will be destroyed. All of your original records will be returned to you at the end of this engagement. You should keep the original records in secure storage for possible future use, including potential examination by any government or regulatory agencies. We are not custodians of your records; therefore, a fee will be charged for copies of any records you request from this office. We appreciate the opportunity to serve you.

By signing our Client Authorisation Form, you are bound to acknowledge your agreement with, and acceptance of your responsibilities, and the terms of this engagement. It is our policy to initiate services after we receive the executed engagement letter

Privacy Policy, Other Terms & Conditions