Your Smart Accounts Terms of Service
These are the terms upon which Your Smart Accounts (ABN 67382701776) (“we” “us” “our”) provides services to our Clients (“you” “your”). Your Smart Accounts and yoursmartaccounts.com.au and yoursmartaccounts.com are registered and owned by Toula Zoumboulakis ABN 67 382 701 776, of the Brunswick Business Incubator, 420 Victoria Street BRUNSWICK VIC 3056 Australia. Telephone 1300 2300 99
- Our Services
- Client Responsibilities.
- Fees and Charges
- Xero subscription
- Xero set-up
- Membership support; and
- Ongoing Support Packages
- Training Packages
- Bookkeeping and CFO services
- Payment Security
For more information about eWAY and online credit card payments, please visit www.eWAY.com.au.
- Payments are fully automated with an immediate response.
- Your complete credit card number cannot be viewed by Your Smart Accounts or any outside party.
- All transactions are performed under 128 Bit SSL Certificate.
- All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data.
- eWAY is an authorised third party processor for all the major Australian banks.
- eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by Your Smart Accounts.
- Third parties.
- Third party technology
- 15.1 If you subscribe to Xero yourself, you have entered into a license arrangement directly with Xero. Where you subscribe to Xero through Your Smart Accounts, Xero provides Your Smart Accounts assists with the process, but ultimately you have entered into a license arrangement directly with Xero.
- Liability and Indemnity
- Your Privacy Obligations
- Force Majeure
By engaging the services of Your Smart Accounts you agree to be bound by these terms. Once you have accepted these terms this agreement will remain in effect for all future services provided by Your Smart Accounts to you. This agreement may be amended by Your Smart Accounts from time to time and we will provide any updated version to you.
Your Smart Accounts is a member of the Institute of Certified Bookkeepers and provides a range of services to businesses. The services that we provide vary depending upon individual Client needs. In addition, the services our Client receives may also vary over time to satisfy new requirements that may arise.
Your Smart Accounts predominantly offers services remotely and on-line. Where we do arrange consultations, these will be held at a mutually agreed upon time. Consultation lengths may vary upon the mutual agreement of both parties prior to or during each session.
All services provided by Your Smart Accounts are provided in accordance with the Australian Consumer Law.
As a Member of the Institute for Certified Bookkeepers (ICB), I am subject to the ethical requirements of ICB and its investigations and disciplinary processes. These requirements cover issues such as Code of Conduct and ethics, adherence to bookkeeping standards, requirements to undertake continued professional education. Should there be an issue regarding the ethical or business practices of myself or my company, you may refer such matters to ICB.
Your Smart Accounts works collaboratively with Clients. By choosing to work with Your Smart Accounts you agree to participate with transparency and honesty and only to provide us with true and correct information. Your Smart Accounts works with the information provided by Clients so it is important to ensure that you maintain accuracy and completeness of accounting documents and records. The Client is also responsible for keeping records for the period prescribed by law. Clients will also need to ensure that Your Smart Accounts is provided with all relevant information and that information we request is provided in a timely manner. Your Smart Accounts will return any source documentation back to you, and it is the Clients’ responsibility to ensure that all records are kept in accordance with the law.
Ultimately, the Client is responsible for ensuring the accuracy of any reports or documents prepared by Your Smart Accounts. You agree to review all information that is prepared by Your Smart Accounts on your behalf and advise us of any errors or omissions.
Where you engage Your Smart Accounts to provide services on an ongoing basis, you acknowledge that our services could be adversely affected if you also seek simultaneous services from another party. Your Smart Accounts asks Clients to inform us of any current or proposed relationship with any other bookkeeping service provider and in doing so you understand that this may impact upon the ongoing provision of services by Your Smart Accounts.
The relationship between Your Smart Accounts and our Clients is one of an independent service provider. Nothing in this agreement should be construed as creating an employment, partnership or joint venture arrangement. Unless provided in these terms, neither party has the authority to hold itself out as agent for the other party.
Prices vary depending upon the services provided and will be confirmed with the Client in writing. Indicative prices are displayed on our website: www.yoursmartaccounts.com.au. Your Smart Account reserves the right to change prices at any time
Your Smart Account requires payment upfront for most services. Payment can be made via our website, through our third party payment provider eWay. Where a Client signs up to a subscription service with Your Smart Accounts, you agree to the terms provided by eWay. Full payment upfront is required for the following services:
Your Smart Accounts appreciates that business income can be unpredictable. If you foresee any difficulty with meeting a payment, please contact us prior to the payment due date. Where a default in payment occurs, Your Smart Accounts has the right to cease providing services and terminate any subscription agreement that you are on. Additional fees may also apply to a default payment being administered by our third party provider. Your Smart Accounts also reserves the right to charge penalty interest on any accounts that are outstanding, which will be charged at the current rate set under the Penalty Interest Rates Act 1983 (Victoria).
This service consists of a regular half hourly skype session every month. Clients can book a suitable time through our booking system which will be provided to you by way of a link forwarded by email or by accessing the YSA website once the monthly subscription payment is received.
Training may be purchased in blocks of time. Clients can book a suitable time through our booking system which will be provided to you by way of a link forwarded by email or by accessing the YSA website once the payment has been received.
These services may also be purchased in blocks of time on a weekly, monthly or quarterly basis. Your Smart Accounts will discuss the scope work to be done and we will reach an agreement as to the frequency of the services to be provided, after assessing the Client’s needs and requirements.
Your Smart Accounts uses the eWAY Payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the eWAY gateway are secured payments.
Your Smart Accounts provides an online booking system so that Clients can schedule appointments at our available times that are suitable to you. We require 48 hours’ notice to reschedule your appointment. We will do our best to facilitate a new time for you, as our availability permits. Monthly subscriptions allow you to ensure that you have a regular appointment with us, which you have secured with your payment. We do not, as a matter of course, provide refunds for missed appointments, as we have set aside our time, to assist you.
Your Smart Accounts may at times recommend third party specialists if we are of the view that a Client may benefit from a certain service. There is no obligation for the Client to engage a specialist recommended by us and we do not receive any financial benefit for recommendations made. Your Smart Accounts does not make any warranties or representations about third party services and any engagement of a third party forms a new agreement between you and the third party, with all rights existing between you and the third party.
Your Smart Accounts may engage third parties to assist us in providing our services to you. All third parties engaged by Your Smart Accounts will be bound by the confidentiality, and other clauses contained in these terms.
Your Smart Accounts uses third party software to satisfy our Client’s needs. Your Smart Accounts is not responsible for any technical issues that arise with that software. We will take reasonable steps to assist our Clients if issues arise but we do not guarantee the functionality of the Software. The Software is not owned by Your Smart Accounts, or you. It is installed on a licence, which is renewable generally on a monthly basis in accordance with your subscription. If a subscription is not paid it operates so that you have not renewed your licence you may lose access to the Software.
Your Smart Accounts respects our Clients’ confidentiality. We do not use third-party mailing lists and no Client details from our mailing list are passed on to third parties. Your Smart Account may require access codes and passwords from you, which we will keep securely. We respect the confidentiality of our Clients and all communications and commercially sensitive information will remain confidential between us. We will not disclose any information to third parties unless you authorise Your Smart Accounts to do so.
Any advice provided by Your Smart Accounts on financial matters is general advice only and we recommend that Clients seek independent professional financial advice relevant to individual circumstances and needs. Your Smart Accounts do not provide any guarantees or warranties that the Client will achieve specific results or outcomes.
If Your Smart Accounts attends the Client’s premises you are responsible for doing all things necessary to ensure the safety of our Consultant while attending your premises. The Client agrees to indemnify Your Smart Accounts for any injury, loss, or damage that arises to the Consultant or their belongings while on the Client’s premises.
The Client agrees to indemnify the Consultant against any loss, damage or claim and all related expenses that arise from incorrect or incomplete information provided by the Client.
Your Smart Accounts maintains current anti-virus software on all of our systems. To the extent provided by law, we are not liable for any damages resulting from interference by third parties, the possession, use or malfunction of third party software or files including but not limited to property damage, loss of profits or goodwill. We also recommend that our Clients take appropriate security measures on your computer systems.
Your acceptance of these terms includes acknowledgement and acceptance of Your Smart Accounts’ utilisation of third party software products. You accept the risks of entering and sending information over the internet and acknowledge that Your Smart Accounts provides no warranties or guarantees in relation to the security of third party software products. You release Your Smart Accounts from any loss or damage that might arise from your use of third party software.
Our engagement cannot be relied upon to disclose irregularities including fraud, other illegal acts and errors that may exist. However, we will inform you of any such matters that come to our attention. There is no assumption of responsibility for any reliance on any report or accounts created by Your Smart Accounts, by any person or entity other than our Clients unless agreed between us. Any report produced by Your Smart Accounts shall not be used for any purpose other than for which it was specifically prepared.
Where the Client has collected personal information, you confirm that you have collected the personal information in accordance with the Privacy Act, that you are entitled to provide this personal information to us and that we may use and disclose the personal information for the purpose/s we provide our services to you.
If payment does not go through the first time, you will be contacted via email of this and given 48 hours to rectify the issue. A second attempt will be made after 48 hours. If the second attempt is unsuccessful, Your Smart Accounts will again contact you by email again to advise of this, and ask you to telephone us to discuss. If no contact is received, it will be assumed that services are no longer required.
In the event that either party is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of any Act of God, strike, fire, flood, governmental acts, orders or restrictions, Internet system unavailability, system malfunctions or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party (a “Force Majeure Event”), the party who has been so affected shall give notice immediately to the other party and shall use its reasonable best efforts to resume performance.
If any provisions of this Agreement are held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, they are to that extent to be deemed omitted and the remaining provisions of this Agreement shall remain in full force and effect.
This agreement is governed by the laws of Victoria, Australia and the Parties agree to submit to the Jurisdiction of the Victorian Courts.