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Trading Terms

 SHB Trading Terms

 
  1. DEFINITIONS
    • The Provider is SHB Business & Wealth Advisers
    • The Customer is the Persons or Entity who/which have engaged the services of SHB Business & Wealth Advisers.
    • The Services includes but is not be limited to advice relating to accounting, financial planning, the preparation of financial accounts, and the lodgement of taxation requirements supplied by the Provider as detailed in the Individual, Business and Superannuation Fund Engagement Letter (“Engagement Letter”).
    • The Fee is the prescribed price of the Services referred to in the Engagement Letter and / or the amount invoiced for the Services.
    • Indirect, Special or Consequential loss or damage includes i) any loss of income profit or business; ii) any loss of good will or reputation; iii) any loss of value of intellectual property.
    • The Guarantor is the person/s, or entity, who agrees to be liable for the debts of the Customer.
  1. GENERAL
    • An Order placed by the Customer is deemed to be an Order incorporating these Terms & Conditions notwithstanding any inconsistencies which may be introduced in the Customer Orders or acceptance unless expressly agreed to by the Provider in writing.
    • No subsequent correspondence or document including any Order by the Customer shall modify or otherwise vary these Terms & Conditions unless such variation is in writing and signed by the Provider.
    • Both the Terms & Conditions and the Engagement Letter are binding on the Customer, his heirs, assignees, executors, trustees and where applicable, any liquidators, receivers or administrators.
    • In these Terms & Conditions, the singular shall include the plural, the masculine shall include feminine and neuter, words importing persons shall apply to corporations, heirs, assignees, executors, trustees and where applicable, any liquidators, receivers or administrators.
    • Where more than one Customer completes this agreement each shall be liable jointly and severally.
    • If any provision of these Terms & Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending provision shall be deemed as severed from these Terms & Conditions.
    • The Provider reserves the right to review these Terms & Conditions at any time. If, following any such review, there is to be any change to these Terms & Conditions, then that change will take effect from the date on which the Provider notifies the Customer of such change but shall not relate back to the period prior to such notification.
    • The failure by the Provider to enforce any provision of these Terms & Conditions shall not be treated as a waiver of that provision, nor shall it affect the Provider’s right to subsequently enforce that provision.
    • These Terms & Conditions are to be read in conjunction with the terms contained in the Engagement Letter referred to at 2.3
  2. FEE
    • At the Provider’s sole discretion the Fee shall be either;
      • as detailed on invoices provided by the Provider to the Customer in respect of Services provided; or
      • the Provider’s quoted Fee on the Engagement Letter for the Order (subject to clause 4.2)
    • The Provider reserves the right to change the Fee in the event of a variation to the Provider’s Order, and notice will be provided by the Provider with a reasonable time.
  3. PROVISION OF SERVICES
    • The Provider reserves their right to:
      • Refuse to provide Services requested by the Customer.
      • Cancel or postpone appointments for Services within a reasonable time.
    • Subject to otherwise complying with its obligations under this agreement, the Provider shall exercise its independent discretion as to its most appropriate and effective manner of providing the Services and of satisfying the Customer’s expectations of those Services.
    • In the discharge of its duties, the Provider shall comply with all reasonable resolutions, regulations and directions of the Customer that may lawfully be given from time to time as to the nature and scope of the service to be provided.
    • Nothing in the above clause shall effect the Provider’s right to exercise its own judgment and to utilise its skills as it considers most appropriate in order to achieve compliance with the said resolutions, regulations and directions or otherwise with its obligations under this agreement.
    • The Provider may agree to provide, on request form the Customer, additional Services not included or specifically excluded in the Order. In this event, the Provider shall be entitled to make an additional charge.
    • Additional Services includes but is not limited to, alterations, amendments, and any additional visits by the Provider after the provision of the Services at the request of the Customer.
  4. GOODS AND SERVICES TAX
    • GST refers to Goods and Services tax under the Goods and Services Act 1999 (“GST Act”) and terms used herein have the meanings contained within the GST Act.
    • It is hereby agreed between the Customer and the Provider that the consideration for the Provider expressed in this agreement is exclusive of the Provider’s liability of GST.
    • On sale:
      • The Customer will pay to the Provider, in addition to the total Fee, the amount payable by the Provider of GST on the taxable supply made by the Provider under this agreement;
      • The Provider shall deliver to the Customer a Tax Invoice for the supply in a form which complies with the GST Act and Regulations.
  1. PRIVACY ACT 1988
    • The Customer agrees for the Provider to obtain from a credit reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by the Provider.
    • The Customer agrees that the Provider may exchange information about the Customer and with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
      • To assess an application by Customer;
      • To notify other credit providers of a default by the Customer;
      • To exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers;
      • To assess the credit worthiness of Customer.
    • The Customer consents to the Provider being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
    • The Customer agrees that personal credit information provided may be used and retained by the Provider for the following purposes and for other purposes as shall be agreed between the Customer and Provider or required by law from time to time:
      • Provision of Goods and Services;
      • Marketing of Goods by the Provider, its agents or distributors in relation to the Goods;
      • Analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of Goods and Services;
      • Processing of any payment instructions, direct debit facilities and/or credit facilities requested by Customer;
      • Enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Goods and Services.
    • The Provider may give information about the Customer to a credit reporting agency for the following purposes:
      • To obtain a consumer credit report about the Customer;
      • Allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
  1. DISHONOUR OF CHEQUE
    • If any cheque issued by the Customer or by any third party in payment is dishonoured:
      • The Provider may refuse to supply any further Goods and Services until satisfactory payment is received in full, including bank fees and charges;
      • The Provider is entitled to treat the dishonour of the Customer’s cheque as a repudiation of this agreement and to elect between terminating this agreement and or affirming this agreement, and in each case claiming and recovering compensation for loss or damage suffered from the Customer.
      • The Customer may be liable for a dishonoured cheque fee of $20.00.
  1. PAYMENT
    • The Provider will provide the Customer with an invoice after the provision of the Services.
    • Invoices issued by the Provider shall be due and payable within thirty (30) days from date of issue.
  2. DEFAULT IN PAYMENT
    • Invoices issued by the Provider shall be due and payable within thirty (30) days from date of issue (“Default Date”). Without prejudice to any other rights of the Provider, the Customer may be charged account keeping fees of $30.00 monthly on any payment in arrears over sixty (60) days from the date of the invoice.
    • If the Provider does not receive the Outstanding Balance, on or before the Default Date, the Provider may, without prejudice to any other remedy it may have, forward the Customer’s outstanding account to a debt collection agency for further action. The Customer acknowledges and agrees that:
      • After the Default Date, the Outstanding Balance shall include, but not limited to, all applicable fees and charges under this Agreement;
      • After the Default Date, the Outstanding Balance shall include, but not limited to, all applicable fees and charges under this Agreement;
      • In the event of the Customer being in default of the obligation to pay and the overdue account is then referred to a debt collection agency, or law firm for collection the commission payable and legal costs incurred on an indemnity basis shall be added to the amount outstanding and form part of the debt and in the event where the collection agency charges commission on a contingency basis the commission which would be charged if it achieved 100% recovery shall be added to the debt and the total shall be treated as a liquidated sum
    • The Provider will have a lien on all documents and records relating to the Customer whilst any overdue account exists.
  3. LIABILITY
    • The Provider will use reasonable care and skill in the provision of the Services.
    • Any claims made by the Customer shall be limited to the total fee charged for the provision of the Services.
    • To the extent permitted by law, the Provider excludes al warranties, conditions, or terms other than those expressly set out in these Terms and Conditions.
    • If the Provider receives a legally enforceable notice or demand issued by any third party, including ASIC, ATO, ASX, any government statutory authority, any court or tribunal in relation to or in connection with provision of Services, the Customer will be liable for the Provider’s professional costs and expenses in complying with such notice or demand.
  4. JURISDICTION
    • This agreement is deemed to be made in the State of Victoria and all disputes hereunder shall be determined by the relevant Victorian Court.
  5. OVERDUE ACCOUNTS
    • The Provider will have a lien on all documents and records relating to the Customer whilst any overdue account exists.
    • The Provider has a right to offset the Customer’s tax refund against all overdue accounts.
  6. SET-OFF
    • The Customer shall have no right of set-off in any suit, claim or proceeding brought by the Provider against the Customer for default in payment.
    • The Customer acknowledges that the Provider can produce this clause in bar of any proceeding for set-off.
  7. ENTIRE AGREEMENT
    • Both the conditions set out in this agreement and in the Engagement Letter constitute the whole agreement made between the Customer and the Provider.
    • This agreement can only be amended in writing signed by each of the parties.
    • All prior discussions and negotiations are merged within this document and the Provider expressly waives all prior representations made by him or on his behalf that are in conflict with any clauses in this document in any way.
    • Nothing in this Terms & Conditions is intended to have the effect of contravening any applicable provisions of the Competition and Consumer Act 2010 or the Fair Trading Acts in each of the States and Territories of Australia.
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P.O. Box 495
78 Henna Street, Warrnambool, VIC
Phone: (03) 55 618 618
Fax: (03) 55 618 600
Website: www.shbbusiness.com.au
Email: office@shbbusiness.com.au

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