Website Terms & Conditions

Introduction

This website, https://www.1stbreakaccounting.com.au/, is owned and operated by 1st Break Accounting Pty Ltd (ABN: 57 615 906 655). If you have any questions or need further information, please contact:

Rachel Forward: 1ba-admin@1stbreak.com.au

This document sets out the Terms and Conditions you need to be aware of when using this website or purchasing from me. Please take a moment to read it, as it sets out the terms of our relationship so that we may both benefit from clear boundaries and knowing what to expect from each other.

When you visit this website, use my services or purchase my products you agree that you are over the age of 18 and willing to be bound by these Terms and Conditions. If you don’t agree, you should not continue to visit this website or purchase from me.

This document may be changed or modified from time to time. Please check back regularly to ensure you are aware of any changes.

There may be additional specific terms of service provided to you in relation to my services and training programs. If there is any inconsistency between this document and those specific terms of service, these Website Terms & Conditions are overruled to the extent of the inconsistency.

All products and services advertised on this website are offered in compliance with Australian Consumer Law.

Content Disclaimer

On this website and my social media accounts I provide information about taxation issues, legislation and business management for Australian business owners. This information is provided solely for your education and development as a business owner, with the intention of helping you to understand your business finances, cash flow, and taxation obligations and to assist you in making confident business decisions.

I take lots of care to provide valuable information, but I cannot be responsible for the use that you make of that information. You are responsible for your own safety and well-being while browsing the internet. Please be aware that the generalised information I provide is not a substitute for specialist advice tailored to your individual circumstances. Do not take action or make major business decisions without first seeking independent, appropriately qualified professional advice specific to your individual needs.

There is no professional relationship formed by your visit to my website unless you explicitly choose to work with me by purchasing my services.

Any testimonials or results I may display on this website are based on my experience and those of my previous clients. They are not guarantees that anyone else will achieve the same results.

While I take all reasonable care to ensure that the information I provide is accurate, relevant and up to date, I make no guarantees in this regard and disclaim any legal liability for any inaccuracy, incompleteness or error. If you find something that seems problematic, it would be very helpful if you let me know!

I may modify the content provided on this website at any time, including altering or deleting it without notice.

Disclaimer for Services

The terms and conditions in this document apply to all of my services and products unless alternative terms are explicitly provided to you.

I offer a free 20 minute power meeting so you can explain your needs, discuss your challenges and determine if we are a good fit.

For my VIP clients, I provide:

· monthly and quarterly

mentoring meetings,

· completion and lodgement of BAS and tax returns,

· preparation of annual financial statements,

· review of bookkeeping files,

· set up of trusts and companies,

· annual reviews of companies,

· preparation of minutes,

· due diligence on buying new businesses, and

· advice and mentoring around cash flows and budgets.

My intention in offering these services is to guide your decision-making so your choices are beneficial to your business and support your ideal lifestyle, helping you understand the consequences and ramifications of your decisions, and supporting you through the process of business development and growth.

Why Work with Me?

I am a chartered accountant with CAANZ, and a registered tax agent with over 25 years of experience supporting small businesses with wise financial management.

I will help you make sure that you are aware of your compliance requirements and encourage you to meet them on time. I will also assist you with decision-making and strategic development of your business.

I work best with female entrepreneurs who are ambitious, motivated owners of a growing business (not a start-up). If you are ready to get on top of your business finances and strategy, then I am keen to work with you.

You might not be a good fit to work with me if you operate a cash economy under the table, as I require everything to be above board and honest. I also don't work with businesses who have a high risk profile – I will not work with high risk tax manipulation or unconscionable business activity businesses.

Your Responsibility

I only ever provide you with suggestions and options for your consideration. You are always solely responsible for your decisions and actions. As a result, it is very important that you tell me if you don't understand something or need further information.

It is up to you to take ownership of your own financial journey, and do the work that we identify, instead of hoping for a quick fix. At the same time, I need to know that you will not make big strategic decisions about taxation, asset purchases or major sales before consulting me about the implications.

My turnaround times are estimates and my ability to comply with them will depend on your own efficiency and how well prepared you are. I may charge urgency fees on requests that do not allow for a reasonable turnaround time.

Important Information

When working with me it is essential that you READ my emails in full and provide detailed answers to my questions in a timely manner, or respond to say you have received my email, set a timeline for your response, and then abide by that timeline. I cannot help you properly if you do not provide receipts & supporting paperwork when requested. Similarly, when you are asking me for advice, you must be open and honest, giving me all the relevant information.

You will also need to read and ensure you understand documents before signing or approving them, including tax returns.

I do not provide financial or superannuation advice. If your needs go beyond the scope of my services, I may refer you to a specialist from my network. My referrals are not an endorsement. You may wish to connect with the person I suggest, but if you are not comfortable you are welcome to go elsewhere.

Limitation of Liability

I take my obligations under Australian Consumer Law seriously and will do my best to address any issues that arise. However, even if there is a major problem, my liability is strictly limited to:

· replacing the goods or providing the services again; or

· if I am unable to do so within a reasonable time, paying the cost of having the relevant goods or services supplied to you again.

If you feel that there is any problem with your purchase, please let me know as soon as possible. I am keen to understand what has gone wrong if you are unhappy so that I can address your concerns and try to find a mutually acceptable solution.

I do not make any guarantees or warranties about the accuracy of any material displayed on this website, with the exception of any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law. I am human and errors creep in despite the best of intentions. If you see something that doesn’t seem right, please let me know.

While I make all reasonable efforts to ensure that this website and my services meet with the highest standards of best practice, if something does go wrong that is not a direct result of my negligence, misrepresentation or deliberate fault, you agree that, to the fullest extent permitted by law, I will not be liable for any loss or damage arising out of or related to my website, any products or services purchased through it, or any material posted on it, irrespective of whether such damages were foreseeable, and regardless of the nature of the claim.

You take full responsibility for your implementation of any suggestions that I may make while providing my services. You understand that my advice is limited to providing you with options for your consideration, and that you are solely responsible for any actions that you choose to take. Always consult your own values and vision, do your own research, and check with appropriately qualified professionals before making major decisions or making significant changes. You agree to indemnify me against all consequences arising directly or indirectly from your choices.

You expressly agree that if this limitation of liability is unenforceable for any reason, my total cumulative liability for all causes of action of any kind shall not exceed the amount that you have paid to me for my services.

Intellectual Property

Copyright

You may not copy or reproduce any part of my publicly available content without my written consent. (This means no copying or downloading under any circumstances)

If you are a student participating in my training, course content may be printed or downloaded to a local hard disk strictly to support your activities as a business owner. Course content contains my trade secrets that are offered exclusively to students. It is an essential condition of participation that you agree that you will not provide extracts of any course content to anyone else under any circumstances.

Commercial exploitation of my content in any way that competes with my business is strictly prohibited.

You are welcome to share blog posts or other publicly available content through social media, but you must provide a link back to this website or my social media profile.

You may link to my home page, provided you do so in a way that is fair and legal and does not damage my reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on my part where none exists.

Trade Marks

I own the unregistered trade marks, logos, and service marks displayed on this website, including 1st Break Accounting. These trade marks whether registered or unregistered, may not be used in connection with any other product or service without a licence, or in any way that is likely to cause confusion in the marketplace, or in any manner that disparages me or my business.

Payment Terms

My booking system uses Stripe to collect payment. Invoices may also be paid by direct debit, and payment is required within 7 days.

I do not have access to your account details. Any financial information you enter is stored under Stripe’s security policy: https://stripe.com/docs/security/stripe.

While I provide you with a fixed fee quotation for our work together, I reserve the right to increase that if our work together turns out to be more complex or goes beyond the scope of what we have agreed to

You agree to pay all costs, including debt collection agency fees and solicitor’s costs, that I may incur in taking steps to recover any money that you owe to me, whether or not legal proceedings are issued in relation to the debt.

Delivery

All consultations are held online using Zoom video conferencing software. The link is sent out with your confirmation email. It is your responsibility to ensure that Zoom is installed on your system, and you have checked that your camera and microphone are working before that start of our meeting.

You will also need to ensure that your bookkeeping is up to date, and that I have been provided with access to your bookkeeping program.

Appointment Policies

In order to reschedule an appointment, I require at least 24 hours’ notice. If you are prevented from attending due to emergency circumstances beyond your control, please let me know as soon as possible.

Refund Policy

If you have paid in advance and change your mind, please contact me at least 24 hours before your appointment to arrange a refund. There are no refunds for change of mind if you let me know that you wish to cancel with less than 24 hours’ notice, or once my services have been provided.

If you feel that there has been a problem with the provision of my services, please contact me to discuss our options.

Respectful Communication

I reserve the right to delete any comments on my website or social media accounts which is rude, offensive or which I deem to be unacceptable. Keep it polite and play nicely, please!

Dispute Resolution & Jurisdiction

If you have any concerns, issues or complaint arising out of your use of this website, my services, or these terms and conditions, you agree to communicate with me with the intention of making a genuine effort to seek a win/win solution, so we can try to resolve the dispute in good faith through negotiation and discussion. Please email me at 1ba-admin@1stbreak.com.au and expect a response within 2 business days.

If we are unable to resolve a dispute by negotiation and discussion, you may access the complaints procedure offered by CAANZ here:

https://www.charteredaccountantsanz.com/about-us/complaints/complaints-about-a-member.

If a dispute arises, we agree that we will not engage in any public discussion about the issues, we will behave politely towards each other, and we will avoid any conduct or communication which might reasonably be expected to interfere with any other person’s business or personal interests.

This agreement is subject to the governing law of Western Australia. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of Western Australia, and the Commonwealth of Australia, will have exclusive jurisdiction.