Common use of Conditions and responsibilities Clause in Contracts

Conditions and responsibilities. It is understood and agreed that: • You will provide us with accurate and complete information necessary to compile the financial statements and tax returns; • You accept responsibility for all records and information supplied to us and you accept responsibility for any failure to supply us with all relevant records and information; • You accept responsibility for the payment of all income taxes; • It is your responsibility to ensure the footers on the financial statements and the reference to us as accountants are not deleted from the statements or from our ‘report’ and ‘disclaimer’; and • Uninformed readers could be misled unless they are aware of the possible limitations of the financial statements and our limited involvement. Extent of Services You are responsible for determining that the scope of the services we are to perform for you is sufficient to meet your needs. We will rely on the information you provide to us. We do not accept any responsibility for the accuracy and completeness of the accounting records and other information you supply to us or for the reliability, accuracy and completeness of the financial information compiled on the basis of those records and information. We also do not accept any responsibility for the maintenance of adequate accounting records, an adequate internal control structure and the selection and application of appropriate accounting policies within your organisation. In addition, you are solely responsible to users of the financial information we compile. The information you are to supply and any other information that we consider necessary to complete the engagement must be provided on a timely basis in order that the engagement can be completed on a timely basis. You agree to update any information where there has been a material change to that information, including if your circumstances change during the course of our services. Our engagement does not include the investigation or discovery of internal control weaknesses, errors, illegal acts or other irregularities, including, without limitation, fraud, or non-compliance with laws or regulations. However, we will inform you of any such matters which come to our attention during the course of our engagement. If the services we perform or your reliance on the services depend on taxation laws, regulations or interpretations by the Courts or Government agencies: • our services are provided based on the current tax legislation and with the current practices of the New Zealand Inland Revenue Department and any other relevant tax authority at the time; • we cannot be held responsible if legislation or such practices change at some future date or change with retrospective effect; • we are not obliged to notify you of any subsequent change of law. If for any reason we are unable to complete the compilation of your financial statements, or we consider the information to be misleading, we may refer to such matters within our compilation report or we may determine, at our sole discretion, not to issue a report. Our Fees and Payment Our fees will be as agreed in advance with you (including in any proposal document) or at our usual rates for the applicable work. For specific advisory work where no fee has been agreed in advance, our fees will be set at a fair and reasonable level, having regard to the time expended by us, the complexity of the instructions, the degree of specialization, and any urgency arising out of the instruction. Although our fees generally reflect the hours committed to your work multiplied by the hourly rate of those involved, this will not always be the case. Our fees are exclusive of GST and GST will be added where applicable. Our fees are also exclusive of any direct out-of-pocket costs and disbursements. Except as agreed otherwise, you will be invoiced monthly and invoices will be payable on the 10th of each month via our GoCardless service, being the same month the invoice is dated. Our fees for all other work undertaken are payable within 7 days of the invoice date. We have the ability to arrange for our fees to be paid through either of your Visa or MasterCard. This facility can provide you with up to an extra 55 days of interest free credit. You may also be able to pay via our fee funding service, which allows you to pay a monthly instalment (with an interest cost) over a period of typically up to 12 months. If payment is not received by the due date, we reserve the right to suspend services and/or charge interest at 2% above the current Westpac New Zealand Limited lending rate for unsecured personal loans on any amount outstanding. In the event that it is necessary to take debt collection or legal action to recover overdue accounts, all debt collection agency fees and commissions and legal costs incurred by us will be payable by you, the client. In the unfortunate circumstance that a disagreement arises between us over our fees, if the matter cannot be resolved amicably by discussion (which is the preferred option) then we both agree to use the Fees Resolution Service of the New Zealand branch of CAANZ, to resolve the matter. Details of this Service are available from CAANZ. You should be aware that, like all other providers of services, we are entitled to retain possession of your records that have been used in relation to this engagement until outstanding fees are settled. Retention of accounting records We will hold electronic versions of accounting records on your behalf for the period required by the Inland Revenue Department. At the end of that period, unless you write requesting they be forwarded to you, we reserve the right to remove relevant accounting records from our system. Independence We will state in our report if we are aware that we are not independent of you. However, we will not conduct a comprehensive review to determine whether we are, or are not, independent. Primary Use of financial statements and advice We understand that the intended use and distribution of the financial statements is primarily for the purposes of completing an income tax return for you, and to distribute to financial institutions with whom you have existing or prospective relationships. If this should change you must notify us immediately. Because our services are for your exclusive use, all financial statements and advice must only be used by you and only for the intended purpose. We will not accept any responsibility to any person, other than you, for the contents of the financial statements and advice. Our name and advice may not be used in connection with any offer document, report or other public or private document without our prior written consent. Resources utilised We advise that we utilise a range of staff and independent contractors to undertake your work. Information and disclosure The conduct of each engagement is in accordance with the professional standards, rules and ethical requirements of CAANZ. However, as members of CAANZ, we are subject to, and bound by, the disciplinary procedures and rules of CAANZ, and our work and files are subject to the practice review rules of CAANZ under which compliance with professional standards by members is monitored. These procedures and rules require us to disclose to CAANZ, its reviewers and/or its disciplinary bodies our files and work papers including client information. By allowing us to undertake an engagement, you acknowledge that, if requested, our files relating to the engagement will be made available to CAANZ, its reviewers and/or its disciplinary bodies. We assure you that the same ethical standards regarding confidentiality that we adhere to apply equally to CAANZ’s reviewers. Ownership of work papers We claim a lien over all books and records in our possession until all work has been performed and all fees rendered have been paid. Work papers, including electronic documents and files, that we create will remain our property. We reserve the right to request a “hold harmless” letter from you and any third parties receiving our work papers.

Appears in 1 contract

Samples: Terms of Engagement

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Conditions and responsibilities. It is understood and agreed that: • You will provide us with accurate and complete information necessary to compile the financial statements and tax returns; • You accept responsibility for all records and information supplied to us and you accept responsibility for any failure to supply us with all relevant records and information; • You accept responsibility for the payment of all income taxes; • It is your responsibility to ensure the footers on the financial statements and the reference to us as accountants are not deleted from the statements or from our ‘report’ and ‘disclaimer’; and • Uninformed readers could be misled unless they are aware of the possible limitations of the financial statements and our limited involvement. Extent of Services You are responsible for determining that the scope of the services we are to perform for you is sufficient to meet your needs. We will rely on the information you provide to us. We do not accept any responsibility for the accuracy and completeness of the accounting records and other information you supply to us or for the reliability, accuracy and completeness of the financial information compiled on the basis of those records and information. We also do not accept any responsibility for the maintenance of adequate accounting records, an adequate internal control structure and the selection and application of appropriate accounting policies within your organisation. In addition, you are solely responsible to users of the financial information we compile. The information you are to supply and any other information that we consider necessary to complete the engagement must be provided on a timely basis in order that the engagement can be completed on a timely basis. You agree to update any information where there has been a material change to that information, including if your circumstances change during the course of our services. Our engagement does not include the investigation or discovery of internal control weaknesses, errors, illegal acts or other irregularities, including, without limitation, fraud, or non-compliance with laws or regulations. However, we will inform you of any such matters which come to our attention during the course of our engagement. If the services we perform or your reliance on the services depend on taxation laws, regulations or interpretations by the Courts or Government agencies: • our services are provided based on the current tax legislation and with the current practices of the New Zealand Inland Revenue Department and any other relevant tax authority at the time; • we cannot be held responsible if legislation or such practices change at some future date or change with retrospective effect; • we are not obliged to notify you of any subsequent change of law. If for any reason we are unable to complete the compilation of your financial statements, or we consider the information to be misleading, we may refer to such matters within our compilation report or we may determine, at our sole discretion, not to issue a report. Our Fees and Payment Our fees will be charged on the basis set out in the engagement letter and have been set based on the level of skill, responsibility, importance and value of the advice, as agreed in advance well as the level of risk. If we have provided you with you (including in an estimate of our fees for any proposal document) or at specific work, this is an estimate only and our usual rates actual fees may vary. We may provide a fixed fee for the applicable workprovision of specific services. For specific advisory work where no fee has been agreed in advance, our fees will be set at a fair and reasonable level, having regard If it becomes apparent to the time expended by us, the complexity due to unforeseen circumstances, that a fixed fee is inadequate, we may notify you of the instructions, the degree of specialization, a revised figure and any urgency arising out of the instruction. Although our fees generally reflect the hours committed seek your agreement to your work multiplied by the hourly rate of those involved, this will not always be the caseit. Our fees set out in our engagement letter are exclusive of GST and GST which will be added to our invoice. Any disbursements and expenses we incur in the course of performing our services will be added to our invoices where applicable. Our fees are also exclusive of any direct out-of-pocket costs and disbursementsappropriate. Except as agreed otherwise, you will be invoiced monthly and invoices will be payable on the 10th of each month via our GoCardless service, being the same month the invoice is dated. Our fees for all other work undertaken are payable within 7 days of the invoice date. We have the ability to arrange for our fees to be paid through either of your Visa or MasterCard. This facility can provide you with up to an extra 55 days of interest free credit. You may also be able to pay via our fee funding service, which allows you to pay a monthly instalment (with an interest cost) over a period of typically up to 12 months. If payment is not received by the due date, we reserve the right to suspend services and/or charge interest at 2% above the current Westpac New Zealand Limited lending rate for unsecured personal loans on any amount outstanding. In the event that it is necessary to take debt collection or legal action to recover overdue accounts, all debt collection agency fees and commissions and legal costs incurred by us will be payable by you, the client. In the unfortunate circumstance that a disagreement arises between us over our fees, if the matter cannot be resolved amicably by discussion (which is the preferred option) then we both agree to use the Fees Resolution Service of the New Zealand branch of CAANZ, to resolve the matter. Details of this Service are available from CAANZ. You should be aware that, like all other providers of services, we are entitled to retain possession of your records that have been used in relation to this engagement until outstanding fees are settled. Retention of accounting records We will hold electronic versions of accounting records on your behalf for the period required by the Inland Revenue Department. At the end of that period, unless you write requesting they be forwarded to you, we reserve the right to remove relevant accounting records from our system. Independence We will state in our report if we are aware that we are not independent of you. However, we will not conduct a comprehensive review to determine whether we are, or are not, independent. Primary Use of financial statements and advice We understand that the intended use and distribution of the financial statements is primarily for the purposes of completing an income tax return for you, and to distribute to financial institutions with whom you have existing or prospective relationships. If this should change you must notify us immediately. Because our services are for your exclusive use, all financial statements and advice must only be used by you and only for the intended purpose. We will not accept any responsibility to any person, other than you, for the contents of the financial statements and advice. Our name and advice may not be used in connection with any offer document, report or other public or private document without our prior written consent. Resources utilised We advise that we utilise a range of staff and independent contractors to undertake your work. Information and disclosure The conduct of each engagement is in accordance with the professional standards, rules and ethical requirements of CAANZ. However, as members of CAANZ, we are subject to, and bound by, the disciplinary procedures and rules of CAANZ, and our work and files are subject to the practice review rules of CAANZ under which compliance with professional standards by members is monitored. These procedures and rules require us to disclose to CAANZ, its reviewers and/or its disciplinary bodies our files and work papers including client information. By allowing us to undertake an engagement, you acknowledge that, if requested, our files relating to the engagement will be made available to CAANZ, its reviewers and/or its disciplinary bodies. We assure you that the same ethical standards regarding confidentiality that we adhere to apply equally to CAANZ’s reviewers. Ownership of work papers We claim a lien over all books and records in our possession until all work has been performed and all fees rendered have been paid. Work papers, including electronic documents and files, that we create will remain our property. We reserve the right to request a “hold harmless” letter from you and any third parties receiving our work papers.

Appears in 1 contract

Samples: Terms of Engagement

Conditions and responsibilities. It is understood and agreed that: ° You will provide us with accurate and complete information necessary to compile the financial statements and tax returns; ° You accept responsibility for all records and information supplied to us and you accept responsibility for any failure to supply us with all relevant records and information; ° You accept responsibility for the payment of all income taxes; ° It is your responsibility to ensure the footers on the financial statements and the reference to us as accountants are not deleted from the statements or from our ‘report’ and ‘disclaimer’; and ° Uninformed readers could be misled unless they are aware of the possible limitations of the financial statements and our limited involvement. Extent of Services You are responsible for determining that the scope of the services we are to perform for you is sufficient to meet your needs. We will rely on the information you provide to us. We do not accept any responsibility for the accuracy and completeness of the accounting records and other information you supply to us or for the reliability, accuracy and completeness of the financial information compiled on the basis of those records and information. We also do not accept any responsibility for the maintenance of adequate accounting records, an adequate internal control structure and the selection and application of appropriate accounting policies within your organisation. In addition, you are solely responsible to users of the financial information we compile. The information you are to supply and any other information that we consider necessary to complete the engagement must be provided on a timely basis in order that the engagement can be completed on a timely basis. You agree to update any information where there has been a material change to that information, including if your circumstances change during the course of our services. Our engagement does not include the investigation or discovery of internal control weaknesses, errors, illegal acts or other irregularities, including, without limitation, fraud, or non-compliance with laws or regulations. However, we will inform you of any such matters which come to our attention during the course of our engagement. If the services we perform or your reliance on the services depend on taxation laws, regulations or interpretations by the Courts or Government agencies: • our services are provided based on the current tax legislation and with the current practices of the New Zealand Inland Revenue Department and any other relevant tax authority at the time; • we cannot be held responsible if legislation or such practices change at some future date or change with retrospective effect; • we are not obliged to notify you of any subsequent change of law. If for any reason we are unable to complete the compilation of your financial statements, or we consider the information to be misleading, we may refer to such matters within our compilation report or we may determine, at our sole discretion, not to issue a report. Our Fees and Payment Our fees will be as agreed in advance with you (including in any proposal document) or at our usual rates for the applicable work. For specific advisory work where no fee has been agreed in advance, our fees will be set at a fair and reasonable level, having regard to the time expended by us, the complexity of the instructions, the degree of specialization, and any urgency arising out of the instruction. Although our fees generally reflect the hours committed to your work multiplied by the hourly rate of those involved, this will not always be the case. Our fees are exclusive of GST and GST will be added where applicable. Our fees are also exclusive of any direct out-of-of- pocket costs and disbursements. Except as agreed otherwise, you will be invoiced monthly and invoices will be payable on the 10th of each month via our GoCardless service, being the same month the invoice is dated. Our fees for all other work undertaken are payable within 7 days of the invoice date. We have the ability to arrange for our fees to be paid through either of your Visa or MasterCard. This facility can provide you with up to an extra 55 days of interest free credit. You may also be able to pay via our fee funding service, which allows you to pay a monthly instalment (with an interest cost) over a period of typically up to 12 months. If payment is not received by the due date, we reserve the right to suspend services and/or charge interest at 2% above the current Westpac New Zealand Limited lending rate for unsecured personal loans on any amount outstanding. In the event that it is necessary to take debt collection or legal action to recover overdue accounts, all debt collection agency fees and commissions and legal costs incurred by us will be payable by you, the client. In the unfortunate circumstance that a disagreement arises between us over our fees, if the matter cannot be resolved amicably by discussion (which is the preferred option) then we both agree to use the Fees Resolution Service of the New Zealand branch of CAANZ, to resolve the matter. Details of this Service are available from CAANZ. You should be aware that, like all other providers of services, we are entitled to retain possession of your records that have been used in relation to this engagement until outstanding fees are settled. Retention of accounting records We will hold electronic versions of accounting records on your behalf for the period required by the Inland Revenue Department. At the end of that period, unless you write requesting they be forwarded to you, we reserve the right to remove relevant accounting records from our system. Independence We will state in our report if we are aware that we are not independent of you. However, we will not conduct a comprehensive review to determine whether we are, or are not, independent. Primary Use of financial statements and advice We understand that the intended use and distribution of the financial statements is primarily for the purposes of completing an income tax return for you, and to distribute to financial institutions with whom you have existing or prospective relationships. If this should change you must notify us immediately. Because our services are for your exclusive use, all financial statements and advice must only be used by you and only for the intended purpose. We will not accept any responsibility to any person, other than you, for the contents of the financial statements and advice. Our name and advice may not be used in connection with any offer document, report or other public or private document without our prior written consent. Resources utilised We advise that we utilise a range of staff and independent contractors to undertake your work. Information and disclosure The conduct of each engagement is in accordance with the professional standards, rules and ethical requirements of CAANZ. However, as members of CAANZ, we are subject to, and bound by, the disciplinary procedures and rules of CAANZ, and our work and files are subject to the practice review rules of CAANZ under which compliance with professional standards by members is monitored. These procedures and rules require us to disclose to CAANZ, its reviewers and/or its disciplinary bodies our files and work papers including client information. By allowing us to undertake an engagement, you acknowledge that, if requested, our files relating to the engagement will be made available to CAANZ, its reviewers and/or its disciplinary bodies. We assure you that the same ethical standards regarding confidentiality that we adhere to apply equally to CAANZ’s reviewers. Ownership of work papers We claim a lien over all books and records in our possession until all work has been performed and all fees rendered have been paid. Work papers, including electronic documents and files, that we create will remain our property. We reserve the right to request a “hold harmless” letter from you and any third parties receiving our work papers.

Appears in 1 contract

Samples: Terms of Engagement

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Conditions and responsibilities. It is understood and agreed that: • You will provide us with accurate and complete information necessary to compile the financial financial statements and tax returns; • You accept responsibility for all records and information supplied to us and you accept responsibility for any failure to supply us with all relevant records and information; • You accept responsibility for the payment of all income taxes; • It is your responsibility to ensure the footers on the financial financial statements and the reference to us as accountants are not deleted from the statements or from our ‘report’ and ‘disclaimer’; and • Uninformed readers could be misled unless they are aware of the possible limitations of the financial financial statements and our limited involvement. Extent of Services You are responsible for determining that the scope of the services we are to perform for you is sufficient to meet your needs. We will rely on the information you provide to us. We do not accept any responsibility for the accuracy and completeness of the accounting records and other information you supply to us or for the reliability, accuracy and completeness of the financial financial information compiled on the basis of those records and information. We also do not accept any responsibility for the maintenance of adequate accounting records, an adequate internal control structure and the selection and application of appropriate accounting policies within your organisation. In addition, you are solely responsible to users of the financial financial information we compile. The information you are to supply and any other information that we consider necessary to complete the engagement must be provided on a timely basis in order that the engagement can be completed on a timely basis. You agree to update any information where there has been a material change to that information, including if your circumstances change during the course of our services. Our engagement does not include the investigation or discovery of internal control weaknesses, errors, illegal acts or other irregularities, including, without limitation, fraud, or non-compliance with laws or regulations. However, we will inform you of any such matters which come to our attention during the course of our engagement. If the services we perform or your reliance on the services depend on taxation laws, regulations or interpretations by the Courts or Government agencies: • our services are provided based on the current tax legislation and with the current practices of the New Zealand Inland Revenue Department and any other relevant tax authority at the time; • we cannot be held responsible if legislation or such practices change at some future date or change with retrospective effect; • we are not obliged to notify you of any subsequent change of law. If for any reason we are unable to complete the compilation of your financial financial statements, or we consider the information to be misleading, we may refer to such matters within our compilation report or we may determine, at our sole discretion, not to issue a report. Our Fees and Payment Our fees will be charged on the basis set out in the engagement letter and have been set based on the level of skill, responsibility, importance and value of the advice, as agreed in advance well as the level of risk. If we have provided you with you (including in an estimate of our fees for any proposal document) or at specific work, this is an estimate only and our usual rates actual fees may vary. We may provide a fixed fee for the applicable workprovision of specific services. For specific advisory work where no fee has been agreed in advance, our fees will be set at a fair and reasonable level, having regard If it becomes apparent to the time expended by us, the complexity due to unforeseen circumstances, that a fixed fee is inadequate, we may notify you of the instructions, the degree of specialization, a revised figure and any urgency arising out of the instruction. Although our fees generally reflect the hours committed seek your agreement to your work multiplied by the hourly rate of those involved, this will not always be the caseit. Our fees set out in our engagement letter are exclusive of GST and GST which will be added to our invoice. Any disbursements and expenses we incur in the course of performing our services will be added to our invoices where applicable. Our fees are also exclusive of any direct out-of-pocket costs and disbursementsappropriate. Except as agreed otherwise, you will be invoiced monthly and invoices will be payable on the 10th of each month via our GoCardless service, being the same month the invoice is dated. Our fees for all other work undertaken are payable within 7 days of the invoice date. We have the ability to arrange for our fees to be paid through either of your Visa or MasterCard. This facility can provide you with up to an extra 55 days of interest free credit. You may also be able to pay via our fee funding service, which allows you to pay a monthly instalment (with an interest cost) over a period of typically up to 12 months. If payment is not received by the due date, we reserve the right to suspend services and/or charge interest at 2% above the current Westpac New Zealand Limited lending rate for unsecured personal loans on any amount outstanding. In the event that it is necessary to take debt collection or legal action to recover overdue accounts, all debt collection agency fees and commissions and legal costs incurred by us will be payable by you, the client. In the unfortunate circumstance that a disagreement arises between us over our fees, if the matter cannot be resolved amicably by discussion (which is the preferred option) then we both agree to use the Fees Resolution Service of the New Zealand branch of CAANZ, to resolve the matter. Details of this Service are available from CAANZ. You should be aware that, like all other providers of services, we are entitled to retain possession of your records that have been used in relation to this engagement until outstanding fees are settled. Retention of accounting records We will hold electronic versions of accounting records on your behalf for the period required by the Inland Revenue Department. At the end of that period, unless you write requesting they be forwarded to you, we reserve the right to remove relevant accounting records from our system. Independence We will state in our report if we are aware that we are not independent of you. However, we will not conduct a comprehensive review to determine whether we are, or are not, independent. Primary Use of financial financial statements and advice We understand that the intended use and distribution of the financial financial statements is primarily for the purposes of completing an income tax return for you, and to distribute to financial institutions with whom you have existing or prospective relationships. If this should change you must notify us immediately. Because our services are for your exclusive use, all financial statements and advice must only be used by you and only for the intended purpose. We will not accept any responsibility to any person, other than you, for the contents of the financial financial statements and advice. Our name and advice may not be used in connection with any offer document, report or other public or private document without our prior written consent. Resources utilised We advise that we utilise a range of staff staff and independent contractors to undertake your work. Information and disclosure The conduct of each engagement is in accordance with the professional standards, rules and ethical requirements of CAANZ. However, as members of CAANZ, we are subject to, and bound by, the disciplinary procedures and rules of CAANZ, and our work and files files are subject to the practice review rules of CAANZ under which compliance with professional standards by members is monitored. These procedures and rules require us to disclose to CAANZ, its reviewers and/or its disciplinary bodies our files files and work papers including client information. By allowing us to undertake an engagement, you acknowledge that, if requested, our files files relating to the engagement will be made available to CAANZ, its reviewers and/or its disciplinary bodies. We assure you that the same ethical standards regarding confidentiality confidentiality that we adhere to apply equally to CAANZ’s reviewers. Ownership of work papers We claim a lien over all books and records in our possession until all work has been performed and all fees rendered have been paid. Work papers, including electronic documents and files, that we create will remain our property. We reserve the right to request a “hold harmless” letter from you and any third parties receiving our work papers.

Appears in 1 contract

Samples: Terms of Engagement

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