10% Discount bookkeeping services for business in the Banyule City Area
Terms and Conditions of Service
All work is carried out under these terms except where changes are expressly agreed in writing.
1. Introduction
1.1 We are HI-VIS BOOKKEEPING ("HI-VIS BOOKKEEPING", "us", "we" and "our"). HI-VIS BOOKKEEPING is a sole trader registered in Australia with ABN 54317505784 and it's the business and registered address is 9/38 Kempston St, Greensborough, VIC 3088 in Melbourne–Australia.
1.2 These Terms of Service ("Terms") apply to you, our client ("Client", "you", "yourself" and "your"), when you use any of the Services (whether on the basis of a trial or by paid monthly, one-off or annual subscription) featured on our website www.hivisbookkeeping.com.au ("the Site") or and, to the fullest extent applicable, to any services which you are introduced to via the Sites, which are provided by third parties.
1.3 Definitions. In these Terms, the following definitions apply:
- Add-Ons:
Any and all of the other value, added services e.g. ReceiptBank, Deputy, Workflowmax, Hubdoc - Partners:
Services offered by third parties, including banking and insolvency services developed independently by the respective third parties. Such services will be purchased on the basis of separate contracts with the third parties. - Business Day:
A day (other than a Saturday, Sunday or public holiday) when banks in Australia are open for business. - Charges:
The charges are payable by clients for the supply of the Services and, where applicable, the HI-VIS BOOKKEEPING Packaged Services and Add-Ons (which are payable in addition) in accordance with clause 7. - Commencement Date:
Has the meaning set out in clause 2.2 - Contract:
The contract between HI-VIS BOOKKEEPING and the Client for the supply of the Services in accordance with HI-VIS bookkeeping terms and conditions - HI-VIS BOOKKEEPING Account:
Means a current subscription for delivery of the Services and enabling subscription to all Services. - HI-VIS BOOKKEEPING Services packaged or plans:
The Starter, The Tradie plan, Small business and Premium are the package services or plans. Such HI-VIS BOOKKEEPING Packaged Services and Add-ons may be purchased on the basis of an additional subscription or one-off payment governed by these Terms and the Special Terms or as per HI-VIS Bookkeeping service policy - Intellectual Property Rights:
Patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use and protect the confidentiality of confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the World. - Services:
Any and all of the HI-VIS BOOKKEEPING Packaged Services. - Special Terms:
Means any specific terms applicable to the HI-VIS BOOKKEEPING Packaged Services and Add-Ons, or the Partner Services, which are effectively incorporated into the Contract and shall be binding on the Client by express reference in the relevant Service Descriptions. In the event of a conflict between these Special Terms and the Terms, the Terms shall prevail. - Terms:
These Terms as amended from time to time. - Written Notice:
Shall comprise all written communication between HI-VIS BOOKKEEPING and its Clients, that is delivered between the parties by (i) personal delivery, (ii) a nationally-recognised, next-day courier service, (iii) first-class registered or recorded mail with postage prepaid, (iv) fax, or (v) electronic mail. The communication will be delivered either to our registered address or to the Client's address as recorded by us.
2. Formation of Contract
2.1 Your application for a HI-VIS BOOKKEEPING Account constitutes an offer by you to purchase the Services in accordance with these terms.
2.2 Your application shall only be deemed to be accepted when we issue written acceptance of the application by way of a Welcome email containing details, at which point and on which date the Contract shall come into existence (Commencement Date). By applying for a HI-VIS BOOKKEEPING Account to be created, you warrant that you are authorised to enter into this contract.
2.3 We reserve the right, at our discretion, not to accept an application for a HI-VIS BOOKKEEPING Account. The reasons may include but not be limited to: technical constraints; you or your business having been banned by us from using the Services; or our inability to confirm adequately your identity; or for any other reason. No charge will be made for declined applications.
2.4 The acceptance of your application is based on the trading activity and organisational structure described by you when first signing up to the Services. If your trading activities or an organisational structure change, the Services may not be right for you and we may not be able to continue to provide the Services to your business. In this instance, we would reserve the right to issue a disengagement letter and cease to act for you.
2.5 If you have already been trading as a proprietary limited company and previously used an agent to look after your company’s accounting activities, we will contact that agent to obtain professional clearance and your historical data, which we are required to do immediately upon you entering into the Contract with HI-VIS BOOKKEEPING.
3. The Services
3.1 HI-VIS BOOKKEEPING shall have the right to make any changes to the Services which are necessary to comply with any applicable law, or which do not materially affect the nature or quality for the Services, and we shall notify you in any such event.
3.2 We warrant to you that the Services will be provided using reasonable care and skill by our certified bookkeeper and BAS agents.
3.3 Bookkeeping for Sole traders and Propriety Limited Companies, HI-VIS BOOKKEEPING provides four packaged services: Starter, Tradie, Small Business and Premium for the accounting years in which you are subscribed to the services.
- 3.3.1 Add on Services
Add on Services supplied by us are listed below. Where payment is required these Services are paid for separately, if not included within package subscription.
Joining HI-VIS BOOKKEEPING
During subscription
- Price Plans - We understand the importance of predictability and transparency. Every month, we’ll average your prior 3 months of books to understand your current expenses, as well as how your financial institution connections, special transactions, and hours of support have changed. To determine the best bookkeeping plan for your business’ needs, we also factor in the number of financial institutions, transactions, and hours extra of support if needed.
- Payroll, STP Fixed Fee
Provision of payroll services to business invoiced on a per-user basis at $15 (included GST) per payslip (depending on the plan selected). - Bank / Credit Card reconciliations
Provision of additional bank accounts/credit card accounts (manual imports or via bank feeds) at $55 p/h included GST per account. - Tax Health-check / Clean Up/Back Tax
Any retrospective tax health-check, clean-up of books will be priced on a pro-rata basis from $200 including GST (basic) per quarter, and a set number of hours work if needed for $55 including GST per hour).
- Enrolment
Setup fee from $500 plus GST depending on the suitable package
Integrations
- Xero
Accounting cloud software - MYOB
Accounting cloud Software - Strip/Go Cardless
Subscription payments and recurring direct debits
Bank Feeds
An automated feed of transactions from your chosen bank(s) and/or credit card(s)
4. Bookkeeping Advice
4.1 Your HI-VIS BOOKKEEPING Account allows for the provision of general bookkeeping advice. For specific matters relating to issues, such as broad advice on personal tax Return or Income tax matters, we recommend that you seek specialised advice on specific matters by obtaining advice from an Accounting source.
4.2 HI-VIS BOOKKEEPING is a regulated firm. Member of the Tax Practitioners Board as BAS Agent. 26035415 and, in providing advice, observes the bye-laws, regulations and ethical guidelines of Certified Bookkeepers. We are not authorised by the Financial Conduct Authority to provide advice on investments.
5. Client's Obligations
5.1 You shall:
- 5.1.1 Co-operate with us in all matters relating to the Services including complying with any and all reasonable instructions provided by us in relation to the same;
- 5.1.2 Provide us with such information and documentation as we may reasonably require in order to supply the Services, and ensuring that this is accurate in all material respects;
- 5.1.3 Ensure that HI-VIS BOOKKEEPING has complete and accurate information and keep your files up to date at all times throughout the subscription period, including any changes to the company structure, trading activity, business address and personal contact details;
- 5.1.4 Keep your files updated with all trading transactions, including, but not limited to: entering all invoices and sending receipt expenses through the app selected; recording withdrawals and payments; when required;
- 5.1.5 Notify us of an intention to cancel your plan at least 15 days before the next related direct debit payment is due to be processed.
5.2 If HI-VIS BOOKKEEPING’S performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation ("Client Default"):
- 5.2.1 We shall, without limiting its other rights or remedies, have the right to suspend performance of the Services until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays our performance of any of its obligations;
- 5.2.2 We shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from HI-VIS BOOKKEEPING’s failure or delay to perform any of its obligations as set out in this clause 5.2; and
- 5.2.3 The client shall reimburse HI-VIS BOOKKEEPING on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Client Default.
5.3 If you have accounts from previous years that have not yet been finalised, we will not have opening balances from these periods. Consequently, your files will not truly and accurately reflect your current financial status until we have this information. Any fines or penalties resulting from this will not be the responsibility of HI-VIS BOOKKEEPING.
5.4 We will start providing its services for the financial year in which the Commencement Date falls. Any previous year's accounts must be completed and filed by your previous agent if you have one, or arrangements can be made separately to perform these activities with us.
5.5 You have a legal responsibility to retain documents and records relevant to your tax affairs. Individuals who are self-employed must retain their tax records for at least 5 years
6. Access, Security and Data Protection
6.1 You are ultimately responsible for administering and safeguarding any passwords and memorable words created to control access to and your use of your files. Please keep any password issued to you secure. If you choose to give another party access to your Xero Software, you do so at your own risk and you shall remain liable to HI-VIS BOOKKEEPING for complying with these Terms for the use and you shall indemnify us in relation to any loss, damage or claim that may be suffered, incurred or brought as a result.
6.2 HI-VIS BOOKKEEPING staff do not have access to any Client passwords or memorable words. Read-only access to your bank files is available to specific staff members but is strictly controlled by passwords and IP address restrictions.
6.3 Our Privacy Policy explains how we process personal information received by us about you (if you are an individual) or your employees (if you are a company) in order to provide the Services and meet our own legal and regulatory obligations. In agreeing to these Terms, you acknowledge that you have read our Privacy Policy, as may be updated from time to time. You can always find the most up to date version of our Privacy Policy on our website.
7. Charges and Payment
7.1 Your subscription – Charges and Payment Terms: Subscription Charges for use of the Services are payable monthly or annually in advance. The subscription rates are available online and we may vary these from time to time. Prices are quoted in AUD. You will be notified of any changes to our current price plan. It is a requirement that all Clients agree to set up a direct debit in favour of HI-VIS BOOKKEEPING for payment of monthly subscription fees. 10% saving on annual payments.
7.2 Additional Charges are payable and Add-Ons which fall outside of the scope of the Services and the amounts payable shall be posted on our website from time to time. The current rate shall be notified to the Client in advance of subscribing to the Add-Ons. If you require a specific additional service, please ask us for details.
7.3 The Client shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting its other rights or remedies, set-off any amount owing to it by the Client against any amount payable by us to the Client.
7.4 All amounts payable by the Client under the Contract are inclusive of amounts in respect of GST chargeable for the time being.
7.5 A set-up fee will be charged when signing up for the Services.
7.6 The Services rely upon the continuous payment of monthly subscriptions. We are unable to provide breaks in subscription fees due to: non-trading; you taking up permanent employment, or other disruptions to your business.
7.7 If an annual payment is made for the Services please note that we cannot offer a pro-rated refund if you choose to cancel your subscription before the end of the year for which you have paid.
7.8 Once any company’s BAS has been lodged, HI-VIS BOOKKEEPING cannot be held responsible or accountable for any omissions in your accounts. Any changes required after submissions do not fall within our subscription fee and will be charged separately.
7.9 We shall be under no obligation to provide the Services if any subscription fee is not paid to us on time. If subscription fees become overdue, we reserve the right to suspend your access to the Services until the balance is paid and we may close your account permanently.
7.10 The Client must ensure that we have complete and accurate billing and contact information throughout the subscription period, including the full name of the Client, its business address and a billing contact email address.
7.11 We reserve the right to increase our Charges on an annual basis in July each year in line with the percentage in the Retail Price Index (RPI) in the preceding 12 months.
8. Client Referral Scheme
8.1 In order to participate in the HI-VIS BOOKKEEPING Refer a Friend Scheme, any eligible referee must make the identity of their referrer known during the sign-up process (either through automated tracking on our website, manually entering the Client Referral Code during registration, or by notifying us during sign-up). The referrer receives a month of the current plan subscription for free.
9. Warranties and Limitation of Liability and Indemnity:
9.1 The Client warrants that it has all requisite power and authority to execute, deliver and perform its obligations in accordance with these Terms and that it shall comply with all applicable laws and regulations of any competent authority as they apply to the Services.
9.2 We will use reasonable endeavours to ensure that the Services are suitable for your intended use but we do not warrant that the Services will meet your requirements or that they will be error-free, timely, reliable, entirely secure, virus-free or available at all times since we are dependent on the reliability of the internet and your use of your own computer to access the Services. We will try to keep any disruptions to a minimum but it may be necessary to suspend the Services from time to time to carry out maintenance and support work.
9.3 Nothing in these Terms shall limit or exclude HI-VIS BOOKKEEPING’s liability for:
- 9.3.1 Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
- 9.3.2 Fraud or fraudulent misrepresentation.
9.4 HI-VIS BOOKKEEPING shall under no circumstances whatsoever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or correction of software, data or information, loss of goodwill, any regulatory fines (total or incremental) arising from circumstances occurring prior to appointment, or any indirect or consequential loss arising under or in connection with the Contract.
9.5 The Client agrees that all the limitations and exclusions of liability in favour of HI-VIS BOOKKEEPING have been drawn to its attention and are reasonable in the circumstances under which the Services are to be performed. Our total liability shall not exceed the limits of the professional indemnity insurance that it maintains from time to time.
10. Termination
10.1 The Client shall be deemed to have terminated the Contract if:
- 10.1.1 The Client does not elect to subscribe to the Services at the end of any trial period: and/or
- 10.1.2 The Client cancels their subscription to the Services or fails to pay HI-VIS BOOKKEEPING for a subsequent renewal when due.
10.2 HI-VIS BOOKKEEPING may terminate the Contract at any time by giving the Client not less than one (1) month's Written Notice or with immediate effect, at our sole discretion. The Client may terminate the Contract at any time by giving us not less than three (10) days prior Written Notice.
10.3 Without prejudice to its other rights and remedies, either party may, by Written Notice to the other, terminate the Contract with immediate effect if the other party:
- 10.3.1 Commits a material breach of the Contract and shall, in the case of any remediable breach, fail to remedy the same within 14 business days of receipt of a written notice from the non-breaching party requiring such remedy; and/or
- 10.3.2 Non-Payment – where your HI-VIS BOOKKEEPING Account has been suspended and you have not paid us within one month or where your direct debit has failed more than once in a financial year;
- 10.3.3 Abusive Behaviour and discrimination – use of racist, abusive, homophobic or sexist language or any other threatening or inappropriate conduct directed at our staff or third parties;
- 10.3.4 Incompatibility – where it becomes apparent that the Client's business is incompatible with the HI-VIS BOOKKEEPING Basic Service due to, by way of non-exhaustive examples, the: i. abnormal size of the company; ii. the number of transactions per month; iii. operation of non-dollar bank accounts.
- 10.3.5 Excessive Use – where, in our opinion only; the level of support required to maintain you is excessive by any objective measure of comparison with other users whether by reason of the volume of transactions or the number of service support requests; or where you are unwilling or unable, despite previous training and support, to use of our Services properly or efficiently;
- 10.3.6 Insufficient Use – where, in our opinion only; you fail to update your files on a sufficiently frequent basis;
- 10.3.7 Non-Communication – where there has been no answer by you to phone calls or other communications for an extended period of time and no instructions have been given in relation to dormancy or closure;
- 10.3.8 Late-filing – where you consistently fail to file your accounts on time and/or fail to cooperate with us in our attempts to assist you to do so;
11. Consequences of Termination
- 11.1 On termination of the Contract for any reason: i. The Client shall immediately pay to the outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, HI-VIS BOOKKEEPING shall submit an invoice, which shall be payable by the Client immediately on receipt; ii. The accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and iii. Clauses which expressly or by implication survive termination shall continue in full force and effect.
- 11.2 Termination will result in the closure of your HI-VIS BOOKKEEPING Account and disengagement as your Agents. In such cases, we will issue a disengagement letter to ensure our respective responsibilities are clear.
- 11.3 Following the cancellation of your account, we will have no further responsibility in relation to the preparation or ATO lodgements. As a Director, you will have continued responsibilities and are solely responsible for identifying another service or accountant to satisfy the need for the service that we provided.
- 11.4 Suspension of your Account could seriously jeopardise our and your ability to manage your company accounts and could lead to the missing of submission deadlines, including BAS reporting and lodgements.
- 11.5 We cannot be held liable for any fines incurred resulting from this, and all our obligations under these Terms of Services are suspended.
- 11.6 If we withdraw access to the Services no refund will be payable by us. One month's notice will be given prior to the suspension of a HI-VIS BOOKKEEPING Account after which time if any issue has not been resolved within the following month, we will take action to disengage ourselves as your Agent.
12. Force Majeure
12.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of HI-VIS BOOKKEEPING including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service (including the Internet) or transport network, an act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
12.2 We shall not be liable to the Client as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
12.3 If the Force Majeure Event prevents us from providing any of the Services for more than 10 weeks, we shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Client.
12.4 Notices
- 12.4.1 Any notice or other communication given to a party under or in connection with the Contract shall be in the form of a Written Notice, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause. We will communicate with you and with third parties via email or by other electronic means unless another method is more appropriate. You will be responsible for virus-checking emails and any attachments.
12.5 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.
12.6 Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
12.7 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
12.8 Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.
12.9 Entire Agreement. The Terms and Service Descriptions constitute the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on our behalf, which is not set out in the Contract.
12.10 Variation. Except as set out in these Terms, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by HI-VIS BOOKKEEPING.
12.11 Governing law. This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of Australia. HI-VIS BOOKKEEPING and you agree to attempt to resolve any dispute amicably by speaking to one another before resorting to any legal action.
13. The provision of services regulations 2020
13.1 Our professional indemnity insurer is Vero Insurance
Please read this in conjunction with our Privacy Policy
Copyright © 2020 – HI-VIS BOOKKEEPING
Greensborough, VIC 3088 | Melbourne, Australia