Terms of Engagement
When you agree to work with Kept and/or accept a proposal for services, you are agreeing to our terms of engagement as outlined below.
Scope of Services: We will provide bookkeeping services, but we cannot guarantee the accuracy or completeness of financial data provided to us. The provision of payroll services is limited to processing provided data for payroll calculations only, and we do not verify employee entitlements and awards, or assume responsibility for data accuracy.
Client Responsibilities: You must provide accurate financial records, and we are not responsible for errors in data provided by you.
Fees and Payment: Fees are payable monthly through a direct debit / credit arrangement from your nominated account or card.
Term and Termination: Unless otherwise specified, our engagements are for 12 months and can be terminated by either party with 30 days' notice. We are not responsible for any losses due to termination.
Confidentiality: We will take all reasonable steps to keep your information confidential, except where:
we need to disclose your information to our preferred service providers (including Liberum Financial Pty Ltd, FuseWorks Pty Ltd, Faculte3 Pty Ltd, Vennd Pty Ltd, Zicht Pty Ltd trading as The Goods Community, Acumin IO Pty Ltd, Backoffis Pty Ltd and Balena Tassa Pty Ltd) or regulatory bodies in performing the services, our professional advisers or insurers or as part of an external peer review from time to time. We will take reasonable steps to ensure any such recipient (other than a regulatory body) keeps such information confidential on the same basis;
we are required by law, regulation, a court of competent authority, or those professional obligations referred to above, to disclose the information; or
you give us permission to disclose the information.
We may retain your information during and after our engagement to comply with our legal requirements or as part of our regular IT back-up and archiving practices. We will continue to hold such information confidentially.
We may mention that you are a client for promotional purposes.
Privacy: You must make all necessary notifications and obtain any necessary consents for us to process personal information you provide to us. We collect and use that personal information for the purposes of providing the services described in the agreed proposal for services to you and we will comply with the Privacy Act 1988 (Cth) when processing that personal information. Our privacy policy provides further details of our privacy practices.
Data Ownership: You own all financial data provided. We do not guarantee data security or backup.
Liability: We are not liable for any errors or omissions, and our liability is limited to the total fee paid by you in the past 3 months.
Dispute Resolution: Any disputes will be resolved through mediation by a neutral third party. We are not responsible for costs associated with disputes.
Indemnification: The client agrees to indemnify us against any claims arising from this engagement.
Governing Law: This agreement is governed by the laws of Australia. We are not liable for any legal costs or damages beyond the scope of this agreement.