STANDARD TERMS AND CONDITIONS

These terms apply to all our engagements unless varied in the engagement letter. ‘We/us/our’ means Plus Accounting Limited. ‘You/your’ means the client(s) named in the engagement letter.

1.  Who may instruct us

You confirm that you, and any other person you nominate in writing are authorised to give us instructions on behalf of all persons named in the engagement letter and to receive our advice and documents on their behalf. If we are acting for a business and receive conflicting instructions, we may refer the matter to the directors, partners or proprietors and act only on their instructions.

2.  Your responsibilities

You must:

• Provide us with accurate, complete and timely information. We will rely on it without independent verification and are not responsible for errors or omissions arising from inaccurate or incomplete information.
• Authorise us to approach third parties for information we reasonably need.
• Keep us informed of changes in your circumstances that may affect our services.
• Sign and return the engagement letter and any IRD authority to act documents we require.
• Co-operate with any identity verification we may need to conduct to comply with our professional obligations and Inland Revenue requirements.

3.  Our services

Our services are limited to those set out in the engagement letter. Unless we expressly agree otherwise in writing, our services do not extend to detecting fraud, errors or irregularities, or providing investment advice regulated under the Financial Markets Conduct Act 2013.

If, in the course of this engagement, we become aware of matters that cause us to believe or suspect that errors, misstatements, illegal acts or other irregularities exist, we will inform the appropriate level of management or those charged with governance, as appropriate.

Do not act on advice we have given previously without first confirming with us that it is still current. We will try to confirm important advice in writing. Verbal advice should not be relied upon unless confirmed in writing.

4.  Professional obligations and confidentiality

We are members of Chartered Accountants Australia and New Zealand (CA ANZ) and are subject to the CA ANZ Code of Ethics, professional standards, and NZICA rules. These obligations take precedence over any conflicting terms in this agreement.

We keep your information confidential. We may disclose it only:

• As required by law, including the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 and automatic exchange of information obligations.
• Where we have a professional duty to report non-compliance with laws or regulations (NOCLAR) that may cause substantial harm. In such cases we may disclose to appropriate management or an external authority.
• To NZICA, its practice reviewers or disciplinary bodies. Our files may be made available if requested. Such parties are bound by confidentiality obligations.

By accepting this engagement, you consent to us sharing information with our service providers, professional advisers, insurers and peer reviewers to the extent needed to perform this engagement. We will take reasonable steps to ensure they maintain confidentiality.

5.  Conflicts of interest

We will tell you if we become aware of a conflict of interest affecting this engagement. If a conflict cannot be managed to protect your interests, or you do not agree with the way we propose to manage it, we may need to cease acting for you or for another affected party. We may continue to act for other clients whose interests differ from yours, subject to our confidentiality and conflict obligations.

6.  Fees and payment

Our fees reflect the time spent, the skill and complexity of the work, and its value and are exclusive of GST. Fee estimates are estimates only. Actual fees may vary, and we will advise you if we expect to significantly exceed an estimate. We invoice periodically based on work in progress and invoices are due for payment within 7 days of receipt. Disbursements are added to invoices as incurred. Our fees do not include costs of other professionals engaged with your approval.

We do offer payment services through Stripe, which allows you to pay our invoices via credit and debit card. Please note that if you are paying via Stripe then you will incur a processing fee, which is detailed on our invoice.

7.  Ownership of work

We own the copyright and all other intellectual property in all documents and materials we create in connection with this engagement. Documents we prepare may be used by you only for the purpose for which they were created. Our working papers remain our property. We will retain records in line with our professional and legal obligations. If you engage another accountant in future, we will make available information essential for them to continue your work.

8.  Limitation of liability

To the maximum extent permitted by law, our total liability (including that of all our directors and employees) in connection with this engagement is limited to 5 times the fee charged up to a maximum of $25,000.00. You agree not to bring any personal claim against any individual director or employee.

We are not liable for indirect, special or consequential loss, or for loss caused by circumstances outside our reasonable control or by your breach of these terms. Our work is for your use only. We accept no responsibility to any third party who relies on our advice or reports unless we have expressly agreed in writing that a named third party may do so.

9.  Termination

Either party may end this engagement by giving at least 30 days’ written notice. We may terminate immediately if a conflict of interest arises that cannot be resolved, you fail to cooperate, or we have reason to believe you have given us misleading information. Termination does not affect accrued rights or obligations.

10.  Privacy

We collect, hold, use and may disclose your personal information to provide our services and to meet our legal and professional obligations. We comply with the Privacy Act 2020. Please contact us if you would like to access or correct personal information we hold about you.

11.  Communication

Please keep your contact details up to date. Unless you instruct us otherwise, we may communicate by email or other electronic means. You are responsible for virus-checking emails and attachments. We are not responsible for non-receipt, delay or interception of electronic communications beyond our control.

12.  Outsourcing and cloud services

We use the following service providers, sharing your information only to the extent necessary:

Service provider	Service	Data storage location
Xero Limited	Accounting software	Cloud
Xero (XPM / Xero Tax)	Practice management and tax return preparation	Cloud
Audit Shield	Accounting insurance	Cloud
Microsoft 365	Document storage	Cloud
Accountancyonline	Online questionnaire	Cloud

We will ensure these providers maintain appropriate confidentiality. Where a provider stores data overseas, we will only share your information where appropriate protections are in place consistent with the Privacy Act 2020.

As a Xero Partner, we receive discounts on some Xero subscriptions. In accordance with our professional obligations, we disclose that we retain these discounts to cover the costs we incur in administering your Xero account.

13.  Disputes and complaints

If you have concerns about our fees or services, please speak first with the director named in your engagement letter. We will work to resolve concerns promptly. If you are not satisfied, you may put your complaint in writing so we can investigate it properly and respond.

14.  Governing law

This engagement is governed by New Zealand law. New Zealand courts have non-exclusive jurisdiction over any dispute. If any provision is void or unenforceable, the remainder continues in force. If there is any inconsistency between the engagement letter and these terms, these terms prevail unless the engagement letter expressly states otherwise.