These terms cover the work performed by WWBM Ventures Pty Ltd (‘we’ or ‘us’) for the client (‘you’).
These terms are subject to change from time to time by us.
No Responsibility to Third Parties
We disclaim any assumption of responsibility for any reliance on our professional services to any party other than as specified or agreed, and for the purpose for which it was prepared. Where appropriate, our reports will contain a disclaimer to this effect.
The services provided are provided solely for the benefit of the client. Other persons or entities may not rely on the advice or information provided by us.
Location of Work Performed
The parties agree that the work is performed in Australia.
Governing Law and Dispute Resolution
The formation, construction, performance and enforcement of these terms and conditions shall be in accordance with the laws of Australia and the state of New South Wales.
Any dispute arising out of, or in connection with this Agreement shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules. If the dispute or difference is not settled within 30 days of the submission to mediation (unless such period is extended by agreement of the parties), it shall be and is hereby submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitrations.
Not an Audit or Review
No audit or review will be performed and, accordingly, no assurance will be expressed. Our engagement cannot be relied upon to disclose irregularities including fraud, other illegal acts and errors that may exist. However, we will inform you of any such matters that come to our attention.
Privacy and Confidentiality
In conducting this engagement, information acquired by us in the course of the engagement is subject to strict confidentiality requirements. That information will not be disclosed by us to other parties except as required or allowed for by law, or with your express consent.
We may collect Personal Information about your representatives, your clients and others when we provide services to you. If we do, you agree to work with us to ensure that we both meet the obligations that we each may have under the Privacy Act 1988 (Cth) (as amended) (Privacy Act). The obligations may include notifying the relevant person to whom the personal information relates who we are and how we propose to use their personal information. Where you have collected personal information, you confirm that you have collected the personal information in accordance with the Privacy Act, that you are entitled to provide this personal information to us and that we may use and disclose the personal information for the purpose/s we provide our services to you. We will handle personal information in accordance with the Privacy Act.
Storage of Personal Information
Due to the nature and prevalence of cloud services, personal information is often stored outside Australia. The Privacy Act requires that data be stored in Australia or in a country where the laws are substantially similar to Australia’s privacy laws. By accepting our services, you acknowledge and agree that your personal information may be stored outside Australia.
All intellectual property made, developed, conceived or created independently by us is the sole
and exclusive property of us. All intellectual property made, developed, conceived or created
independently by the client is the sole property of the client.
Not a Compilation Engagement
This is not a compilation engagement. We may make adjustments to information provided by you for the completion of our engagement. These adjustments may include adjustments to your bookkeeping records and/or software. We are not responsible for any financial statements or reports produced from your bookkeeping records and/or software.
Involvement of Others and Outsourced Services
To ensure continuity of service during times of peak demand and unforeseen occurrences, the firm may engage third parties to assist with the delivery of the services.
You are responsible for the reliability, accuracy and completeness of the accounting records, particulars and information provided and disclosure of all material and relevant information. You are required to arrange for reasonable access by us to relevant individuals and documents, and shall be responsible for both the completeness and accuracy of the information supplied to us.
Any advice given to you is only an opinion based on our knowledge of your particular circumstances. You or your staff are responsible for maintaining and regularly balancing all books or accounts, and the maintenance of an adequate internal control system.
The client indemnifies us from any damages as a result of the client providing inaccurate
information. We do not accept any liability in connection with information provided by the
Debt Collection Costs
The client agrees to pay any costs of recovering an unpaid invoice.
You indemnify us against any claim by, or liability to, a third party arising from, in respect of or in connection with the services provided and all expenses we incur defending or settling such claim or liability.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The client acknowledges that we shall not be in breach of any agreement if we are unable to complete the services or any portion thereof by reason of fire, earthquake, labour dispute, act of God or public enemy, death, illness or incapacity or any local, state, federal, national or international law, governmental order or regulation or any other event beyond our control (collectively, ‘Force Majeure Event’).