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Terms & Conditions

1. Overview

These Terms and Conditions govern the engagement, use, access, subscription to, or registration for the following services (each a “Service” and collectively the “Services”) provided by David Saul Pty Ltd (ABN 58 114 558 379), operating under the names Saul SMSF, Saul SMSF Audit Essentials, Saul SMSF Audit Advanced, Saul SMSF Forensic, and SMSF IQ (“Saul SMSF Group”):

  • SMSF Audit Services
  • SMSF Forensic Services
  • SMSF IQ or Question & Answer Services
  • Any other SMSF Compliance Consulting Services

By engaging with, accessing, subscribing to, or registering for any of the Services, including logging into the Saul SMSF Client Portal, SMSF IQ Portal, or Website, you (the “Client”) and your authorised representatives acknowledge and agree to be bound by these Terms and Conditions, as well as the general Conditions of Use (“Conditions of Use”) applicable to the Website.

It is important for Clients to thoroughly review these Terms and Conditions, the Conditions of Use, the Privacy Policy, and any other applicable notices, disclaimers, or terms provided on the Website before engaging or registering for any Service. The most up-to-date version of these Terms and Conditions is available at any time on the Website.

In the event of any conflict between these Terms and Conditions and the Engagement Letter, the terms of the Engagement Letter shall take precedence to the extent of the inconsistency.

For clarity, unless the context otherwise requires:

  • “We, us, our” refers to Saul SMSF, and
  • “You, your” refers to the party or parties engaging us to provide the Services.

These Terms, together with any applicable Engagement Letter, form the complete agreement between the parties for the provision of Services (the “Agreement”). Any reference to the “Agreement” herein refers to both the Terms and the Engagement Letter, as applicable.

This Agreement represents the whole understanding between the parties concerning our work under this Agreement and supersedes any prior agreements, proposals, representations (both oral and written), or discussions.

2. Definitions

In these Terms and Conditions, the following words, as well as words in brackets and bolded, shall have the meanings set forth below:
Administrator means an individual designated by a Client who possesses administrative privileges in relation to the Saul SMSF Client Portal and/or SMSF IQ Portal access. These privileges include, but are not limited to, the ability to add new Users and modify payment details.

Business Day means any day other than a Saturday, Sunday, or a public holiday in the State or Territory of Australia where the Service is being accessed.

Client Portal/SMSF IQ Portal refers to the customer portal(s) through which Clients access the Saul SMSF Group Services via the Saul SMSF Website.

Client means any entity, SMSF Trustee(s), individual, or group of individuals who use any of the Saul SMSF Group Services, including but not limited to SMSF Audit Services, SMSF Forensic Services, SMSF IQ Services, Question & Answer Services, and any other SMSF compliance consulting services available through the Saul SMSF Website.

Fee refers to any audit fee, consulting fee, subscription fee, membership fee, access fee, or any fee paid for the provision of Services.

Personal Information has the same meaning ascribed to it in the Privacy Act 1988 (Cth).

Privacy Legislation refers to the Privacy Act 1988 (Cth) and any other applicable legislation, principles, industry codes, and policies concerning the handling of Personal Information.

Privacy Policy means the policy of Saul SMSF Group, as available on the Website, which outlines Saul SMSF Group’s practices regarding the collection, use, and disclosure of Personal Information.

Representative means a director, officer, employee, agent, contractor, or professional adviser of a Client.

Resource refers to any written or electronic materials produced or distributed by Saul SMSF Group, including but not limited to client newsletters, calculators, booklets, manuals, recordings, presentations, papers, and other support materials.

SMSF Audit Services means independent audit services related to self-managed superannuation funds (SMSFs) provided by Saul SMSF, including through the Saul SMSF’s Website client portal, written communication, email communication, and/or via telephone.

SMSF Forensic Services means specialised compliance consulting, independent audit, and technical support services related to complex and/or non-compliant SMSFs, provided by Saul SMSF including through the Saul SMSF’s Website client portal, written communication, email communication, and/or via telephone.

SMSF IQ Services refers to compliance,  technical support, and Q & A services related to SMSF and superannuation compliance matters, provided via the member-only section of SMSF IQ on the Saul SMSF Website, or through telephone or email.

SMSF Trustee(s) refers to those individuals or directors of a corporate trustee responsible for running a self-managed superannuation fund. SMSF Trustee(s) are also those who may directly engage with Saul SMSF for the provision of independent SMSF audit services. SMSF Trustee(s) may also be known as audit clients of Saul SMSF.

User means an individual Representative of a Client who has registered to use a Service or has access to a Client-specific area of the Website. Each User is assigned a unique login and password to access the Saul SMSF Client Portal, SMSF IQ Portal, or other member-only areas of the Website.

Website refers to any website owned or operated by Saul SMSF Group.

3. Term of the Independent SMSF Audit Engagement

You will be deemed to have accepted the Terms of the Independent SMSF Audit Engagement upon the earlier of the following events:

  • The date you sign and return the Audit Engagement Letter;
  • The date you notify us in writing of your acceptance; or
  • The date you provide us with instructions following the issuance of the Engagement Letter.
  • The Independent SMSF Audit Engagement will terminate when any of the following occurs:
  • We have completed the provision of Services to you;
  • We do not receive the required audit information for the subsequent financial year within 12 months following the end of that financial year; or
  • The Services are terminated by either party.

Termination will not affect your obligation to pay any fees for Services rendered under this Agreement, along with any other outstanding amounts. Neither will the Termination affect our reporting obligations to the Australian Taxation Office.

4. Commitment to Professional Standards and Ethical Compliance

The Saul SMSF Group are committed to providing the services detailed in the engagement letter with the highest standards of competence, due care, and diligence. Our work will adhere to the professional and ethical standards set by the Accounting Professional and Ethical Standards Board, including the APES 110 Code of Ethics for Professional Accountants (which encompasses Independence Standards).

As part of our compliance, we will address any potential or actual instances of ‘non-compliance with governing laws or regulations’ (NOCLAR) in accordance with these standards. In cases where such non-compliance could result in substantial harm—such as significant adverse consequences to investors, creditors, employees, auditors, group auditors, or the public—we may be obligated to report the matter to the Australian Taxation Office, Australian Securities & Investments Commission, or relevant policing authorities.

5. No Provision of Investment & Financial Advisory Services

The Saul SMSF Group will not provide you with any investment or financial advice that is regulated under the Corporations Act 2001 (Cth).

6. Conflicts of Interest

The Saul SMSF Group will notify you if we become aware of any conflict of interest arising in our relationship with you, another client, your agent, and/or your representative. If we identify conflicts that cannot be managed in a manner that protects your interests, we may be unable to continue providing services to some or all of the parties involved in this engagement. In such instances, we will promptly inform you.

We may also represent other clients whose interests differ from or are adverse to yours, in compliance with our obligations regarding conflicts of interest and confidentiality as outlined above.

7. SMSF Auditor Independence Obligations

In the delivery of independent SMSF audit and SMSF Forensic services, the Saul SMSF Group are committed to the requirements of APES 110 – Code of Ethics (“The Code”) and the Independence Guide (May 2020

8. Authority to Provide Instructions

You confirm that you, and your representative (e.g. agent, accountant, financial advisor, or legal representative) are authorised to give us instructions and information on behalf of the individual trustees/corporate trustee we are acting for and to receive our advice and documents on their behalf.

9. Ownership of Documents & Retention of Records

Any information provided to us for the purpose of performing the Services shall remain your property. However, any documents created by us, including but not limited to general working papers (in any form, whether physical or electronic), shall remain our property.

In the event of termination of our Services by either party, we shall have the right to retain all documents that are owned by you until full payment of any outstanding fees is received.

10. Delays in Providing Services

We shall not be responsible for any failure or delay in performing the Services if such failure or delay results from circumstances beyond our control, including you or your agents failure to fulfill your obligations in a timely manner. In such cases, we reserve the right to review our fees and, if the delay is significant, terminate the agreement or engagement.

11. Client Responsibility for Their Account Security

The Client assumes full responsibility for the use, supervision, management, and control of their account. The Client is obligated to ensure that their Saul SMSF Client Portal or SMSF IQ account, along with any information or records maintained or stored in the Saul SMSF Client Portal or SMSF IQ Portal, is safeguarded at all times against unauthorised access, use, or disclosure.

The Client must take all reasonable measures to prevent unauthorised access to or use of their SMSF IQ account, including implementing appropriate internal policies and procedures to protect data, ensure information security, and control access.

The Client is solely responsible for maintaining the confidentiality of their record on the SMSF IQ account, User IDs, and passwords. This responsibility includes, but is not limited to, changing passwords periodically and ensuring that such information is not disclosed to third parties. In the event that the Client or any of their Users becomes aware of, or has reason to believe that, unauthorised use of an account or any breach of security has occurred (such as the loss, theft, or compromise of a User ID, identification code, or password), the Client must immediately notify Saul SMSF Group.

The Saul SMSF Group reserves the right to suspend or modify access to a User’s account if it receives notification from the Client (or through its own investigations) that any account, User ID, identification code, or password has been lost, stolen, or otherwise compromised.

Each Client and User acknowledges and agrees that any access to the Saul SMSF Client Portal, SMSF IQ Portal, or any client-only section of a Website will leave an auditable record, which may include, but is not limited to the date, time, and duration of access, and the records or resources viewed.

The Saul SMSF Group reserves the right to conduct audits of access to the Saul SMSF Client Portal, SMSF IQ Portal, or any client-only areas of a Website from time to time. This includes investigating whether any documents or resources accessed were printed, saved, or transmitted.

12. Clients and Users

To become a Saul SMSF Client and/or SMSF IQ Client, an individual must complete the necessary registration information as specified on the Saul SMSF Client Portal, SMSF IQ Portal, or Website.

Registration and access to the Saul SMSF Client Portal, SMSF IQ Portal, or Website are at the sole discretion of the Saul SMSF Group and are non-transferable.

A Client may create separate User profiles for their Representatives, granting access to the Client’s account through a unique identification code and password (User ID).

Clients may be required to appoint an Administrator to carry out the following responsibilities related to the Client:

  • Manage all User IDs, including adding or removing Users or Administrators;
  • Update and maintain registration details, including contact information, email addresses, postal addresses, the Client’s corporate name, ABN, and any other information requested by the Saul SMSF Group;
  • Manage outstanding and paid invoices for the User, including registering credit card details for payment processing via any third-party payment facility provided.

13. Acknowledgements by Client and User

Each Client and User acknowledges and agrees to the following terms.

The Saul SMSF Group is not liable for any issues, failures, or technical malfunctions of telephone lines, networks, online computer systems, servers, service Saul SMSF Groups, computer equipment, software, or any other related material associated with the Client’s or User’s use of, access to, or registration for the Services.

Data transmission over the internet cannot be guaranteed to be completely secure. Any information submitted by the Client through the Website, Saul SMSF Client Portal, SMSF IQ, or any payment facilities provided by the Saul SMSF Group is done at the Client’s own risk.

The Services are provided “as is” and without warranty of any kind, to the fullest extent permitted by applicable law.

The Client is solely responsible for all activities and transactions conducted under their account, including those performed by or on behalf of any Representative.

The Saul SMSF Group may monitor activity on the Website, Saul SMSF Client Portal, or SMSF IQ Portal for purposes such as customer support, release testing, fraud detection, and other related activities.

The Saul SMSF Group makes no representations or warranties regarding the following:

  • The accuracy, currency, adequacy, completeness, or availability of the Services;
  • The uninterrupted, timely, secure, error-free operation of the Saul SMSF Client Portal, SMSF IQ Portal, or any related Websites, or their continued availability for any duration.
  • Recording of any Services is prohibited without the express prior written consent of the Saul SMSF Group.
  • The Client is responsible for ensuring that all information provided, including credit card details, is accurate, up-to-date, and not misleading. The Saul SMSF Group relies on the accuracy and completeness of information submitted by or on behalf of the Client to deliver the Services.

14. Release and Indemnity of SMSF IQ Services

Saul SMSF Group shall not be held responsible for any inaccurate or incomplete information provided by or on behalf of a Client or User. Saul SMSF Group also disclaims any liability for any use or misuse of the Services, Resources, or information submitted by or on behalf of a Client or User.

Each Client and User hereby unconditionally releases Saul SMSF Group from any and all liability, claims, demands, or damages of any kind arising from or related to their use of, access to, subscription to, or registration of the SMSF IQ Service, or any actions taken or reliance placed on any information provided by or on behalf of the Client or User.

Each Client and User further unconditionally releases Saul SMSF Group from any and all liability, claims, demands, or damages arising from or in connection with the use, access, subscription, or registration of the SMSF IQ Service or Resources, or any actions taken or reliance placed on any information provided as part of the SMSF IQ Service.

Each Client and User agrees to indemnify and hold harmless the Saul SMSF Group, its directors, officers, employees, agents, and any other indemnified parties, from and against any loss, damage, costs, or expenses (including reasonable legal fees for investigating or defending any claim) arising from or related to:

  • A breach of these Terms and Conditions, the Conditions of Use, or any applicable law;
  • Any defect in the SMSF IQ Service resulting from inaccurate, incomplete, incorrect, or otherwise defective information submitted by or on behalf of the Client or User;
  • Any unauthorized acts, fraud, wilful default, dishonesty, or negligence by the Client or User;
  • Any access to, use of, or misuse of the SMSF IQ Service.

15. Indemnity for Third Party Claims

You agree to indemnify and hold us harmless from all liabilities, claims, costs, and expenses (collectively referred to as “Loss”), including any GST payable by us on amounts you pay under this indemnity, arising from or in connection with any claim by a third party related to, resulting from, or associated with the Services. This indemnity does not apply to any Loss arising from matters that are finally determined to have resulted from our negligence, wrongful acts, or wilful misconduct.

16. Limitation of Liability

To the maximum extent permitted by law, Saul SMSF Group disclaims:

All liability (including, but not limited to, indirect, special, incidental, or consequential damages or losses) suffered or incurred by any individual, whether directly or indirectly, arising from the use or misuse of, or reliance on, any services provided by Saul SMSF Group, or any information on the Website, Saul SMSF Client Portal, SMSF IQ Portal, or any Service or Resources that are inaccurate, incomplete, incorrect, misleading, or deceptive, regardless of whether Saul SMSF Group was aware, or should have been aware, of the possibility of such loss or damage;

  • Any express or implied terms, conditions, guarantees, statutory warranties, or other warranties related to the Website, Saul SMSF Client Portal, SMSF IQ Portal, or any Service, including but not limited to warranties or guarantees of acceptability, accuracy, compliance with description, correspondence with sample, merchantability, or fitness for a particular purpose.
  • Our liability is limited by a scheme approved under Professional Standards Legislation. You agree not to make any claim against any of our directors, principals, or employees in their personal capacity.

You may wish to obtain further information regarding the Professional Standards Act and the Scheme, including specific exclusions that may apply. For more details, please refer to the following websites:

By agreeing to this clause, you confirm that you have fully considered the limitation of our liability. You acknowledge that we have provided this information and that you may seek independent legal advice regarding any questions arising from the terms of our engagement, particularly the provisions related to limited liability, as these may affect your legal rights.

17. Your Termination of Our Services

You have the right to terminate the engagement of our Services by providing written notice at any time. In the event of termination, you will be required to settle any fees for services performed and other charges incurred up until the termination date.

18. Termination of Services by the Saul SMSF Group

Without prejudice to any other rights or remedies available, Saul SMSF Group reserves the right to terminate or suspend access to the Services, in whole or in part, at any time, with or without notice and for any reason.

Saul SMSF Group may suspend access to a Service in the event of:

  • The Client, SMSF Trustee(s), or related parties engaging in bullying or intimidation of Saul SMSF Group during the provision of SMSF Audit or SMSF Forensic Services;
  • Detection of suspicious activity relating to the use of the Service;
  • A Client’s failure to pay fees when due;
  • A breach of these Terms and Conditions by the Client or User that remains unaddressed after notice is given;
  • Saul SMSF Group determining that any information submitted is inaccurate, incomplete, or misleading, and the Client or User fails to promptly correct such information.

In the event of termination or suspension of access to a Service, the Client is required to pay any outstanding fees incurred up to the date of termination or suspension, as applicable.

Termination of a Client’s access to a Service will not affect any rights or remedies that have accrued to either the Client or Saul SMSF Group prior to such termination.

19. Services & Fees

Provision of Services – The Saul SMSF Group will prepare and deliver the relevant Service within the timeframe specified on the Saul SMSF Portal, the SMSF IQ Portal, or its Website (or within a reasonable time if no specific timeframe is stated), relying on the information provided by the Client during the process of accessing or using the Service.

Audit and Compliance Consulting Fees – Our fees will be charged as outlined in the engagement letter and are determined based on factors such as the level of skill, responsibility, importance, and value of the advice provided, as well as the associated level of risk.

Non-Cancellation of SMSF IQ Applications without Express Consent – Once an application for an SMSF IQ Service has been made, the Client may not cancel the application or assign their rights under these Terms and Conditions without the express consent of the Saul SMSF Group.

Disbursements – These refer to out-of-pocket expenses incurred by us on your behalf, which may include items such as title searches and company searches. When we incur disbursements for you, we will charge you the total amount, inclusive of GST, where applicable.

Variation of Services and Fees – For the avoidance of doubt, the Saul SMSF Group reserves the right to vary the Services offered and/or the Fees charged at its sole discretion, at any time. The Services available will be listed on the Website, Saul SMSF Client Portal, and/or SMSF IQ Portal (as applicable). The Saul SMSF Group may modify the Fees at any time at its discretion, with such changes taking effect one (1) month after the revised Fee is published on the Website, Saul SMSF Client Portal, and/or SMSF IQ Portal.

Discounted Services – From time to time, Services may be provided at a discounted rate at the discretion of the Saul SMSF Group. The Saul SMSF Group reserves the right to change the discount rate at any time.
 
Refund Requests – Any request for a refund will be considered by the Saul SMSF Group at its sole discretion.

Unauthorised Access to Services – In the event of unauthorised access to an SMSF Audit Service, SMSF Forensic Service, and/or SMSF IQ Service, the Saul SMSF Group reserves the right to impose any additional Fees associated with such unauthorised access.

Payment of Fees – Fees are payable by the Client as follows:

  • Immediately upon placement of any order, by credit card;
  • Within the period specified on a tax invoice generated upon delivery of the Service by the Saul SMSF Group, and addressed to the Client or any person on whose behalf the Client used, accessed, subscribed to, or registered for the Service;
  • If a bulk billing facility has been agreed upon with the Saul SMSF Group, within fourteen (14) days of receipt of a tax invoice statement, addressed to the Client; or
  • Alternatively, the Saul SMSF Group may agree to different payment terms with the Client at its discretion.
  • Fees can be paid by Electronic Funds Transfer, Direct to our Bank, Cheque, or by credit card. Our bank account details for payment are:

Account Name: David Saul Pty Ltd
BSB: 032-016
Account Number: 334028

NOTE: PLEASE QUOTE THE LAST FOUR DIGITS OF YOUR INVOICE NUMBER IN THE DESCRIPTION WHEN MAKING PAYMENT

Credit Card Information – The Client or User acknowledges and agrees that any credit card information provided will be processed by the designated payment facility and is subject to the terms and conditions available on the relevant payment Saul SMSF Group’s website (as applicable).

Cancellation and Refund Requests – Any requests for cancellations or refunds must be directed to the Saul SMSF Group’s email address info@saulsmsf.com.au or as specified on the Saul SMSF Website.

Term-based Subscriptions or Registrations – If a subscription or registration to any Service is for a specified term, any cancellation will take effect only at the end of that term.

Failure to Pay Fees – If the Client fails to pay the Fees within the specified timeframe, the Saul SMSF Group, without prejudice to any other rights or remedies, may:

  • Withhold provision of the relevant Services until payment is made;
  • Withhold final management letters, audit reports and/or audit contravention reports until payment is made;
  • Refuse or reject any further use, access, subscription, or registration of Services until payment is received;
  • Charge interest on the unpaid amount at the Reserve Bank of Australia cash rate plus two (2) percentage points per annum, compounded daily, until payment is made in full. The Client must pay the accrued interest within fourteen (14) days of receiving a written demand from the Saul SMSF Group;
  • Engage a debt collection agency to recover the unpaid amounts; and/or
  • Terminate or suspend use of, access to, or registration for the Services.
  • In certain cases, our fees for the Services may be paid by you or your representative to agents acting on our behalf. If the fee is not paid by you or your representative to the agent, or if the agent fails to remit the payment to us, we will not be held responsible for any non-performance of the Services outlined in the Engagement Letter.
  • If our fees for the Services provided to you are invoiced to your representative (e.g., accountant, financial advisor, or legal representative) for payment on your behalf, you agree to indemnify us in the event that the fee is not paid by your representative.

20. GST

The term GST Law refers to the A New Tax System (Goods & Services Tax) Act 1999 (Cth), its associated regulations, and any other relevant or related legislation.

The terms taxable supply, tax invoice, recipient, supplier, and supply shall have the meanings defined in the GST Law.

Unless otherwise stated in these Terms and Conditions or on the Website, any amounts payable under these Terms and Conditions are exclusive of GST.

If a supply made under these Terms and Conditions is a taxable supply, the recipient must pay the supplier an additional amount equal to any GST payable on that supply. This amount is payable at the same time and in addition to any other amounts due to the supplier under these Terms and Conditions or as otherwise requested. The supplier will issue a valid tax invoice to the recipient, as required by the GST Law, within ten (10) Business Days of making the taxable supply.

21. Ownership of Services and Resources

Clients and Users acknowledge and agree that all rights, title, and interest in the Services and Resources provided by the Saul SMSF Group—including but not limited to intellectual property (IP) rights associated with the Saul SMSF Client Portal, SMSF IQ Portal, and Website(s)—are and shall remain the exclusive property of the Saul SMSF Group.Clients and Users do not acquire, and agree that they will not acquire, any ownership, title, or interest in the Services, Resources, materials, or software provided by the Saul SMSF Group. These assets, including the Saul SMSF Client Portal, SMSF IQ Portal, and Website(s), shall at all times remain the sole property of the Saul SMSF Group.

PERMITTED USE

Clients and Users agree to use the Services and Resources exclusively for internal business purposes.

PROHIBITED ACTIONS

To the fullest extent permitted by law, Clients and Users agree not to:

  • Disassemble, decompile, reverse engineer, or create derivative works from any part of the Services or Resources, including the Saul SMSF Client Portal, SMSF IQ Portal, Website(s), or related software.
  • Attempt to access, modify, or uncover the underlying source code of the Services or Resources.

COPYRIGHT AND CONTENT TRANSACTION

All content accessed through the Services is protected under the Copyright Act 1968 (Cth). Unless expressly authorized in writing by the Saul SMSF Group, Clients and Users may not:

  • Copy, reproduce, distribute, publish, display, perform, modify, or use the content to create derivative works.
  • Transmit, sell, or offer any content for sale.

The use of such content is restricted to internal purposes only unless otherwise authorized for publication or distribution.

COMPLIANCE RESPONSIBILITY

Clients are responsible for ensuring that all Users accessing the Services and Resources provided by the Saul SMSF Group—including the Saul SMSF Client Portal, SMSF IQ Portal, Website(s), or related software—comply with these Terms and Conditions.

22. Other Terms & Conditions

Obligations and Actions – Each party agrees to take all reasonable actions necessary to fulfill the intentions and transactions set forth in these Terms and Conditions when required by another party.

Amendments – These Terms and Conditions may be amended at any time. Any changes will take effect ten (10) Business Days after being posted on the Website.

Notices – Any notice required under these Terms and Conditions will be considered properly served if sent in writing to the email address provided by the Client during registration.

No Partnership or Joint Venture – These Terms and Conditions do not establish a partnership, joint venture, or similar relationship between the parties.

Waiver – A waiver of any provision under these Terms and Conditions will only be valid if made in writing and signed by the party waiving its rights. Failure by a party to enforce any provision at any time shall not be construed as a waiver of that provision.

Severability – If any provision of these Terms and Conditions is deemed prohibited, invalid, or unenforceable in any jurisdiction, it will be ineffective only to the extent of the prohibition, invalidity, or unenforceability in that jurisdiction. This will not affect the remaining provisions or the validity or enforceability of the affected provision in other jurisdictions.

23. Relevant Law and Jurisdiction

This Agreement, along with all matters related to the Services, is governed by and construed in accordance with the laws of New South Wales. Both parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, regardless of whether the activities, any portion of the work performed, or the acceptance of this Agreement occur outside the State of New South Wales.