Service Guarantee and Terms of Trade
Busy Bookkeeping guarantees its service and provides full terms of trade outlining the service delivery, including client responsibilities.
Service details and terms of trade are outlined here:
- Invoices detailing the time, date and nature of the work undertaken will be provided weekly in arrears and payable seven (7) days from the invoice date without any set off or deduction against any other amount whatsoever.
- You accept full responsibility for the accuracy and completeness of the information supplied and you accept accountability for any failure to supply all relevant records and information to us for the preparation of your accounts.
- You agree for BBES to add your entity to our Australian Taxation Office Lodgement Program.
- You agree for BBES to add your company entity to our ASIC Portal.
- Any account not paid within the time specified on the invoice will be liable for interest at the rate of 15% per annum, and such interest will be added to the account (capitalized) at the end of each month and shall be recoverable forthwith from you as a liquidated debt.
- In the event of default on payment by you for more than sixty (60) days, you will be liable for all losses, liabilities, costs and expenses (including but not limited to debt recovery, internal accounting charges and legal expenses, including commission charged by debt recovery agents and solicitor’s costs) on a full indemnity basis or on a solicitor and own client basis whichever is the higher, incurred by BBES seeking to recover the default amount. You agree that that this is a fair and reasonable charge and is directly relevant to the likely damage that BBES might suffer as a result of non-payment by you and such fees will be added to and form part of the principal.
- You hereby charge your interest in any and all presently and after acquired land registered in your name as security for payment of monies owed to BBES.
- BBES may at any time without notice, terminate or suspend your services and shall not be liable for any damages, costs, penalties or charges incurred by you as a result of the non-supply of any services by BBES.
- Further, to the full extent permitted by any privacy laws, you shall be taken to have granted BBES the right to disclose to and/or obtain from any person, body or agency (including credit providers or credit reporting agencies) any personal information and/or documents that BBES reasonably determines may assist it in connection with confirming your engagement of BBES or the recovery of your outstanding account.
- Should you, the client, be in any way unsatisfied with the quality of the work provided, BBES are to be notified and allowed the first opportunity to rectify the work at no cost to the client under this commitment.
- If BBES is not permitted first opportunity to rectify any work considered by the client to be of unsatisfactory quality, then the client shall waive its rights under this commitment and release BBES from all costs of rectification.
- The liability of BBES to you for any reason related to the performance under this agreement shall be limited to the replacement of the services or the amount paid or payable by you in respect of the particular services.
- Acceptance of our goods, services or quotation is automatic acceptance of these terms and conditions.
- BBES takes data breach seriously and is in constant contact with their IT provider to ensure that we are regularly reviewing security practices to ensure all security software and controls are up to date. Any evidence of a data breach will be taken seriously and all effected parties will be notified in a timely manner. A copy of our data breach plan is available on request.
- If the agreement is terminated by you or us, you will be required to pay for our professional fees and charges for work done, up to the date of termination. On termination, we are entitled to retain possession of your papers, data files and documents while there is money owing to us for our charges, unless and until security is provided for our costs.
- BBES provides professional consultants trained at our cost; therefore you agree that you will not approach any of our consultants to work for you directly. However circumstances do change within a business, so if you have a need to engage a fulltime consultant – you agree to contact BBES directly to work out a suitable arrangement.
- You may not engage any of our staff directly or indirectly at any time whilst you are a client of ours, or for at least twenty four (24) months after the termination of our engagement by you.
- In the event that you engage any of our staff directly or indirectly within any of the time periods mentioned above, you will pay us a sum of $10,000.00 by way of damages or an amount equivalent to the standard recruitment fee charged by recruitment firms of 18.5% of salary package offered, whichever is greater.. You agree that this sum is a fair and reasonable charge and is directly relevant to the likely damage that BBES will suffer as a result of engagement of any staff. You also agree that the charge is fair and reasonable in light of the costs to you of engaging alternative staff.
- You may request in writing from BBES, that BBES consent to you hiring or engaging any of the BBES staff. If such consent is given, you agree that you will pay BBES the sum of $10,000 or an amount equivalent to the standard recruitment fee charged by recruitment firms of 18.5% of salary package offered, whichever is greater . By way of damages and compensation. You agree that this sum is a fair and reasonable charge and is directly relevant to the likely damage that BBES will suffer as a result of engagement of any staff.
- If the client defaults in the due and punctual payment of any monies or is in default of any obligation of this agreement whatsoever, the Guarantor, shall pay any monies owing to BBES to or as directed by BBES.
- The Guarantor hereby charges their interest in any and all land registered in their name presently or after acquired, as security for payment of monies owing pursuant to this Guarantee and Indemnity to BBES.
- For the consideration of BBES providing services, the Guarantor unconditionally indemnifies BBES against any loss it may suffer as a result of the client failing to carry out its obligations under any agreement it has entered into with BBES.
- The Guarantor shall pay to BBES a sum equal to any loss in respect of which it indemnifies BBES.
- This Guarantee is not affected by any event and is not altered in any way unless confirmed in writing by BBES.
- The Guarantor’s obligations are principal obligations and not ancillary or collateral to any other obligation. They may be enforced against the Guarantor without BBES being required to exhaust any remedy it may have against the client or to enforce any security it may hold with respect to the Guaranteed monies.
- The liability of the Guarantor is absolute and unconditional and is not affected by anything which might operate to exonerate it from any of its obligations.
- The Guarantor indemnifies BBES against, and shall pay BBES the amount of all losses, liabilities, costs and expenses (including but not limited to legal expenses on a full indemnity basis or solicitor and own client basis whichever is the higher) and all fees, other duties or charges levied by any person in connection with the enforcement or attempted enforcement or preservation of any rights under this Guarantee.
- This Guarantee is only terminated once a termination notice is issued in writing by BBES to the Guarantor.
Note: Busy Bookkeeping Eastern Suburbs (BBES