1. Parties

• The Service Provider will, subject to these terms and conditions, supply the Services (as described in the schedule) to the Customer during the term of this agreement, and in accordance with these terms and conditions as amended from time to time by the Service Provider.

2. Quotations and orders

• Any quotation given by the Service Provider to the Customer is not an offer or obligation to provide service but an invitation to treat only. The Service Provider reserves the right to accept or reject any order it receives.
• A quotation is open for acceptance within the period stated in the quotation or within 30 days if no period is stated.
• Until the Service Provider accepts in writing an order submitted by the Customer, the Service Provider is not obliged to supply the Services so ordered to the Customer. The Service Provider reserves the right to refuse any order based on a quotation within seven days after receiving the order.
• If the Customer defaults under these terms and conditions, the Service Provider may, without prejudice to the Service Provider’s rights under Clause 8, cancel, suspend or vary the terms and conditions of any incomplete order that has been accepted by the Service Provider without notice to the Customer and without being liable to the Customer.

3. Term of agreement

• This agreement commences on the date specified in the schedule, and subject to earlier termination in accordance with Clause 7 or 8, remains in force:
  • where a fixed term is specified in the schedule, until the termination date specified in the schedule;
  • where a minimum term is specified in the schedule, for the duration of such minimum term and after such time until it is terminated in accordance with Clause 3(a)(iii);
  • where neither a fixed term nor a minimum term is specified in the schedule, until it is terminated by either the Service Provider or the Customer giving to the other one month’s written notice.

4. Charges

• The charges (“Charges”) for the Services are agreed with the customer prior to each engagement.
• The Service Provider may revise the Charges from time to time by giving written notice of the revised Charges to the Customer. Such revised Charges will be payable by the Customer for the Services provided after the period commencing on the expiration of 30 days following the date of the written notice to the Customer.
• All charges exclude Goods and Services Tax (GST) which will be added to invoices.

5. Payment

• All invoices are payable within seven days from the date of invoice.
• Time is of the essence for all of the Customer’s obligations.
• The Service Provider reserves the right to charge interest to the Customer on overdue accounts at the interest rate specified in the schedule.
• The Customer agrees to pay the Service Provider any expenses (including legal costs) incurred in collecting outstanding debts due by the Customer to the Service Provider.

6. Limitation of liability

• As a CPA Australia public practitioner, 2020 Global is eligible to participate in the current Liability limited scheme approved under Professional Standards Legislation. The Professional Standards (Accountants) Scheme (Scheme) operates in all Australian States and Territories and caps the professional liability of eligible Scheme participants. The Scheme was approved by the Professional Standards Councils (PSC), commenced on 23 December 2019, and ends on 22 December 2024.
• To the maximum extent permitted by law, neither the Service Provider, nor its employees and agents, nor anyone else involved in supplying the Services is liable for any direct, indirect, incidental, special or consequential loss or damage arising out of the supply or use of the Services, failure to supply, inability to use the Services, or out of any breach of contract or warranty including breach of an essential term.
• Any condition or warranty implied in this agreement by legislation which avoids or prohibits the terms of an agreement from excluding or modifying the application or exercise of, or liability under such condition or warranty is deemed to be included in this agreement subject to Clause 6(c).
• The Service Provider’s liability for any breach of a condition or warranty implied in this agreement pursuant to Clause 6(b) is limited, in the absolute discretion of the Service Provider, to one or other of the following:
• supplying the Services again; or
• paying the cost of having the Services supplied again;
• and does not extend to consequential loss or damage.

7. Force Majeure

• Neither party is liable for any delay or failure to perform its obligations other than the Customer’s obligation to pay the Charges pursuant to the terms of this agreement, if such delay or failure is due to Force Majeure.
• If a delay or failure by a party to perform its obligations due to Force Majeure exceeds 30 days, either party may immediately terminate this agreement by written notice to the other.
• If this agreement is terminated pursuant to Clause 7(b), the Service Provider will refund any fees previously paid by the Customer pursuant to this agreement for a Service or Services which were not supplied by the Service Provider to the Customer.
• For the purpose of this clause “Force Majeure” means a circumstance beyond the reasonable control of the parties which results in a party being unable to observe or perform on time an obligation under this agreement. Such circumstances include, without limitation, acts of God, acts of government, war or other hostility, national or international disaster, fire, explosion, power failure, equipment failure, strike or lockout, inability to obtain necessary supplies and any other Force Majeure occurrences.

8. Termination

• This agreement may be terminated at the option of either the Service Provider or the Customer without prior notice if:
  • either party commits a material breach of its obligations under this agreement and fails or is unable to remedy such breach within 14 days after receiving written notice from the other party requiring the breach to be remedied; or
  • a receiver, receiver and manager, manager, official manager, administrator, provisional liquidator, liquidator or trustee in bankruptcy is appointed to all or any substantial part of the assets and undertakings of the Service Provider or the Customer.
• The Service Provider will cease to provide the Services to the Customer upon termination of the agreement by either party.
• Termination of the agreement in accordance with this clause will be without prejudice to any accrued rights of either the Service Provider or the Customer under this agreement.

9. Waiver

• No waiver by the Service Provider of any breach of these terms and conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by the Service Provider, its employees or agents (which but for this clause ought or might amount to a waiver of the Service Provider’s rights in respect of any such breach or default) does not operate as a waiver in any way of the Service Provider’s rights and powers in respect of such breach or default.

10. Notices

• Any notice required under this agreement must be in writing (including electronically) and given by post, facsimile or hand to the Service Provider at Suite C1, 118 Railways Street West Perth, WA 6005 or at such other address or facsimile number as is notified in writing by one party to the other.

11. Governing law

• Contracts are governed by the laws of Western Australia notwithstanding the place in which the Service is supplied. The Customer and the Service Provider irrevocably submit to the exclusive jurisdiction of the Courts of that State.

12. Whole agreement

• These terms and conditions and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties and, subject to the express terms contained in any written order and written acceptance thereof (which will only apply to that particular order), all previous negotiations, representations, warranties, arrangements and statements (if any), whether expressed or implied, including any collateral agreement or warranty, regarding the subject matter or the intentions of either of the parties are merged in these terms and conditions and otherwise are hereby excluded and cancelled. The Customer acknowledges that it has not been induced to enter into this agreement by any representation, advice or information given or made by or on behalf of the Service Provider.

13. Privacy Act Authority

• For the purposes of assessing the credit-worthiness of the Customer from time to time and the collection of payments, the Customer authorises the Service Provider, its employees and agents to make such enquiries as they deem necessary including, without limitation, making enquiries of and obtaining reports (as may be allowed by law) from persons nominated by the Customer as trade referees, the Customer’s creditors, bankers and financiers, credit providers, mortgage and trade insurers and credit reporting agencies (“the information sources”). The Customer consents to the information sources providing to the Service Provider such information as is requested by the Service Provider and permitted to be given by law.  The Customer also consents to the Service Provider disclosing personal information or the contents of any credit report to a credit reporting agency for the purpose of that credit reporting agency creating or adding to any credit information file in relation to the Customer.