1. Work to be undertaken
In addition to the specific work mentioned, we may perform incidental or subsequent work as may be reasonably necessary to complete the work.
2. Transactions covered by these Terms & Conditions
In signing these terms and conditions, Bigxperts.com will undertake the work as specified in it and you will then have a duty to pay for it as outlined in the estimate unless otherwise agreed in writing, If you don’t sign this document but provide other written or electronic authorization to proceed with the work (and it can be shown that it has been sent to you either by post or via electronic means), it will be considered acceptance of the estimate and the terms and conditions herein.
3. Persons who will undertake the work
The Supervisor will be responsible for your work so that the work can be done cost-effectively. Other appropriately qualified staff may undertake particular tasks under supervision. Work of an administrative nature will be undertaken by our support staff.
4. Our responsibilities
We will undertake the required work with professional skills and diligence, and will endeavor to keep you regularly informed of progress. If our advice to you is based on any assumptions or qualifications we will tell you at the time. Should subsequent information make any part of this incorrect we will not be liable for any part of our earlier advice that Bigxperts.com conditional on those assumptions.
5. Your responsibilities
You will be readily available to provide instructions to us. Should you anticipate being away from your business or home during the course of the job you will advise us how we may maintain contact. You will comply with your obligations under this Agreement, including payment of our accounts or placing money in our Trust Account as required. If for some reason your details change, you are to advise us within 14 days of the date of the change.
6. GST
The goods and services tax (GST) that has been introduced by the Australian Government from the 1st of July 2000 applies to the supply of accounting services by us and generally includes outlays and disbursements. The current GST rate is 10%. The estimate and rates quoted in this agreement are exclusive of the GST.
7. Estimate of fees and costs
Every effort has been made to provide you with an accurate estimate but they should not be considered to be a fixed quote or cap. They may be higher or lower depending on the complexity and the time taken to complete the work and the estimate does not include additional costs or disbursements (please refer to clause 8 “Additional Costs”). We will advise you when appropriate of any significant revisions to the estimate.
8. Additional costs
In addition to professional fees and GST you agree to pay all costs reasonably incurred by us, including administrative uplift or charge to reflect the cost of providing these services to you.
9. Accounts & interim fees
Our payment terms are 14 days and itemized accounts will be sent to you either at completion of the work or at regular intervals as the work is being undertaken if there is an unavailability of information to complete your work, if the work is detailed and/or complex and will take a long time to complete or if otherwise determined by us. If an interim account is issued, you agree to pay the amount due by its due date. It is not our policy to extend credit and in circumstances where accounts are outstanding, we may suspend work on your job or cease acting on your behalf. We may also offer you a payment plan which will include a direct debit payment authority.
10. Payment
You agree to pay all amounts due in clear funds within the agreed timeframe, but no later than 30 days from the date of the invoice unless otherwise agreed in writing by a representative of Bigxperts.com.
10.1 You agree that if you fail to pay in accordance with this clause, we may:
- Charge a late payment fee of 5% on all amounts paid after the due date;
- Charge interest on debts at 20% per annum from time to time;
- Charge a dishonor handling fee in the amount of $95.00;
- Recover all collections costs and expenses incurred in collecting overdue accounts on an indemnity basis;
- Withhold supply;
- Exercise a general lien over any documents held by us until payment in full is received;
- Sue for the money owed on the goods or services provided.
10.2 In the event that this agreement has been entered into by more than one party each party shall be jointly and severally liable for any amounts overdue.
11. Default or breach
You will be considered to be in default or breach of these Terms and Conditions and we will be entitled to sue for any monies owing if you:
- Fail to pay for any goods or services on the due date; or
- Otherwise breached these conditions and failed to rectify such breach within seven days’ notice; or
- Commit an act of bankruptcy or allow a trustee in bankruptcy or receiver and manager to be appointed to you or any of your property; or
- Allow a judgment or order to be enforced or become enforceable against you or your property; or
- Permit proceeding to be commenced to wind you or your business up or a controller, receiver, administrator, liquidator or similar officers to be appointed in respect of any part of your property;
11.2 If you are in breach or default under these Terms and Conditions you acknowledge and agree that we are authorized to contact a credit reporting agency to obtain a report about your creditworthiness or that of your business enterprise/s or both.
11.3 You authorize us to engage in the exchange of information with a credit reporting agency or with other such parties as are necessary to give effect to the contract and to the ongoing relationship between the parties hereto.
11.4 We reserve the right to report your delinquent account to a credit reporting agency, should payment remain outstanding for more than 60 days. In addition, we may refer the outstanding account for debt collection or issue legal proceedings to recover any outstanding invoices. Should an account be referred for debt collection you acknowledge and agree to pay debt collection charges to be calculated at not less than 20% plus GST and will be incurred on the day we refer the matter to our nominated debt collection agency. You shall also be liable for interest and all legal recovery costs associated with such action on a solicitor and own client or indemnity cost basis.
12. Disputes
In the unlikely event that the work we supply is incorrect or inaccurate and you can show that you have supplied us with the correct information, we will make good within 14 days of the date of notification, at no extra cost to you. If you dispute any work supplied or invoice issued for any other reason, you must notify your reason/s in writing to us within 14 days of the supply of the work or the invoice date whichever is earlier, failing which you lose any right to dispute the quality or accuracy of the work or invoice.
13. Charge
You charge in favor of Bigxperts.com any land that you own (or which you acquire after the date of this agreement) as security for any and all monies owed to us and hereby authorize and consent to us registering a caveat over the land if you default in making payment of any amounts owing to us.
14. Destruction of files
We may destroy your files seven years after the job has been completed.
15. Termination of this agreement
We may terminate this agreement and cease to act for you only for lawful cause if a conflict of interest arises or if you:
- Breach the Agreement
- Require us to act unlawfully or unethically
- Do not give us adequate instructions
- Do not pay any accounts when due or provide money to be paid into our Trust Account
- Are no longer able to be a party to a legal agreement
16. Independent advice
You may wish to seek independent advice relating to this agreement before you sign it to ensure you fully understand its terms and conditions.
17. Right to amend terms and conditions
We reserve the right to amend these terms and conditions by giving you notice in writing of the amended terms and conditions to your address as specified on the face of this agreement, by your last known postal address or last known email address. You are deemed to accept any amended Terms and Conditions unless you notify us in writing within seven days of your objection to the proposed amendment to the Terms and Conditions.
18. Set-off – You agree that:
- We may set off any credit amount that we owe to you or your business enterprise/s against any debt due by you to us at our sole discretion;
- You are not entitled to withhold payment of any money in respect of any alleged set-off or claim you might have against us.
19. Severance and waiver
If any part of this agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severed from the agreement. Also, the severed part will not affect the validity and enforceability of any remaining provisions. Any waiver of our rights under this agreement must be in writing and signed by an authorized representative of Bigxperts.com.
20. Jurisdiction
The agreement shall be deemed to have been made in Queensland and shall be interpreted in accordance with the Laws of Queensland, Australia, and the parties submit to the exclusive jurisdiction of the Queensland Courts.
21. Internet & Cloud Security
You agree that you are fully responsible for the security of your own computer, internet, and cloud systems and the information located on your equipment or any third-party-owned systems accessible from the internet or cloud. It is your responsibility to take the appropriate measures to ensure and assure that all data is maintained securely and is accessible only to authorized users. Bigxperts.com and its affiliates disclaim any and all alleged claim, suit, or liability that arises from any interrupted access to their systems or third-party systems caused by any malicious acts, theft, or natural disaster.
22. SMS Alerts Authorization
Accessing this website gives rights to Accounts Pro and its affiliates to send SMS alerts relating to updates, promotions, etc.
