Engagement Letter

Thank you for instructing us to attend to the accounting and/or taxation requirements of yourself or business. This engagement document is an agreement in which the terms of the engagement with us are specified in writing (hereinafter referred to as the "Engagement"). Please read it and make sure that you understand the scope of our engagement.

If you do not return the signed Engagement yet you continue to provide us with instructions regarding your matter, the terms and information provided in this engagement letter will bind us both. For the purpose of this Agreement, any reference to "You" shall be read and construed as a reference to the Client or Clients herein. We are required to set out the terms of our Engagement as follows:

Thank you for instructing us to attend to the accounting and/or taxation requirements of yourself or business. This engagement document is an agreement in which the terms of the engagement with us are specified in writing (hereinafter referred to as the "Engagement"). Please read it and make sure that you understand the scope of our engagement.

If you do not return the signed Engagement yet you continue to provide us with instructions regarding your matter, the terms and information provided in this engagement letter will bind us both. For the purpose of this Agreement, any reference to "You" shall be read and construed as a reference to the Client or Clients herein. We are required to set out the terms of our Engagement as follows:

ENGAGEMENT – TCA Accountants & Bookkeepers

This is to confirm our understanding of the terms and objectives of our engagement and the nature and limitations of the services we will provide.

"Client" or "you" means the entity, acquiring goods or services from us in the Engagement Letter.

"Engagement Letter" means this document including the Terms and Conditions, schedules and annexures set out herein.

"Services" means the scope of the services specified in the Proposal, Engagement Letter, or as varied in accordance with these Terms and Conditions.

Purpose, Scope and Output of the Engagement

The purpose of this Engagement document is to set out and confirm our understanding of the Terms of Engagement.

The objectives of the Engagement are to perform the work as set out in the Scope of the Engagement. We make reference to the fact that in meeting our objectives:

a) procedures to be performed will be limited exclusively to those related to the Engagement;

b) neither an audit nor a review will be conducted and accordingly, no assurance will be expressed (if applicable); and

c) unless otherwise agreed, the Engagement cannot be relied upon to disclose irregularities, including fraud, other illegal acts and errors that may occur.

TCA Accountants & Bookkeepers will provide professional services at your request. We will provide the Services to you in accordance with the relevant professional and ethical standards. The details of the services provided in this agreement are detailed herein.

We consider it appropriate to advise you of the following in relation to the Engagement Output as outlined above:

Liability is limited for by a scheme approved under Professional Standards Legislation generally and with respect to you or another user of the results of the Engagement. We are not liable for any claim by you involving fraud, misrepresentation, willful default or other act of dishonesty by you or your employees, agents, assigns, representatives or purported employees, agents, assigns or representatives..

Relative Responsibilities, Privacy Protection and Confidentiality

You agree and acknowledge that you are solely responsible for the completeness and accuracy of the information supplied to us. We will take all reasonable steps to protect the confidentiality of information acquired during the course of providing our professional services. We will not disclose confidential information without your consent unless required by law or otherwise permitted under applicable legal and professional obligations.

Where permitted by law, and with your consent where required, we may disclose confidential information for the following purposes:

(a) Complying with quality review programs conducted by a professional or member body;

(b) Responding to inquiries or investigations conducted by a professional or regulatory body;

(c) Protecting our professional interests in legal proceedings;

(d) Complying with applicable technical, professional and ethical standards; or

(e) Sharing relevant information between entities within your Group, where such sharing is necessary for the performance of our professional services and has been authorised by the relevant entities.

We are required and committed to protecting your personal information under the Privacy Act 1988 (Cth). Disclosure of such information may be compelled by law (for example, under the Social Security Act 1991 (Cth)). We will deal with your personal information, in accordance with the TCA Privacy Policy ("Privacy Policy"), which can be found online at www.tcadarwin.com.au. By signing this Engagement Letter document, you confirm that, amongst other things, you consent for us to collect, hold, use and disclose such personal information in accordance with our Privacy Policy (as amended from time to time) and in accordance with your acknowledgments, consents and other matters raised therein.

Unanticipated Services

Only the services which are listed in the attached schedules are included within the scope of our instructions. If there is additional work that you instruct us to carry out which is not listed in the schedule, this work will be billed separately on an hourly rate model. The level of skill and technical experience required to complete the requested works will determine the rate of billing. Please check with our team for the current rate of billing for the different services we provide e.g. bookkeeping, accounting, advisory.

If the requested out of scope works is large enough, our team will prepare a separate scope of works and proposal. Once the scope of the additional work is agreed upon, we will issue an additional or updated letter of engagement via our online proposal system, and will ask you to sign the new agreement before we commence this work.

Period of Engagement

This engagement starts 1 July 2026 and is valid until 30 June 2027, or ended by mutual agreement or superseded by a newer engagement. You or we may agree to vary or terminate this agreement at any time without penalty. Notice of variation or termination must be given in writing. In the event that an agreement expires, any work completed by TCA Accountants & Bookkeepers will be charged at the current hourly rates until a new agreement has been accepted.

Tax Services

A taxpayer is responsible to keep full and proper records in order to facilitate the preparation of a correct return. The return may be subject to later review by the Commissioner of Taxation. Under the taxation law such a review may take place within a period of four (4) years after tax becomes due and payable under the assessment. Where there is fraud or evasion there is no time limit in amending the assessment. Accordingly, you should check the return before it is signed to ensure that the information provided is accurate.

Where you are uncertain about the application of the taxation law to your particular circumstances, you may request a private ruling which will set out the Tax Commissioner's opinion about the way the taxation law applies or will apply to you in your specific circumstances. A detailed description of the facts with all the supporting documentation must be provided in your private ruling application. The private ruling is ineffective if there is any material difference between the facts, the private ruling and what you actually do.

The Commissioner must administer the law in the way set out in the private ruling, unless it is found to be incorrect. If you disagree with the private ruling, you can lodge an objection against the ruling if it relates to income tax, fuel tax credit or fringe benefits tax. The time limit in lodging an objection is dependent upon whether you are issued an assessment for the matter covered in the private ruling.

Service Standards

TCA Accountants & Bookkeepers will always stand behind the quality and professional nature of the services that we offer. If at any point you are not completely satisfied with the services we have performed, we encourage you to bring this to our attention immediately. We'd love the opportunity to correctly address your concerns and allow us a chance to win your trust back and prevent similar problems from happening in the future. If you are still not satisfied with the outcome, you may look to terminate the agreement (refer to termination of this agreement section).

You represent to us and promise to us that all information you provide to us is accurate and complete and that we can rely on same, for the purposes of carrying out the work. We will not accept responsibility for any matter or thing which is brought about or directly or indirectly arises (by act or omission or otherwise) as a result of any false representation that you have made to us or false information that you have provided to us.

Our advice and information is for your sole use, and we accept no responsibility to any third party, unless we have expressly agreed in the engagement letter that a specified third party may rely on our work.

Ownership of Documents

All original documents obtained from the client arising from the engagement shall remain the property of the client. We will on completion of the work return any paper documents to you. If you do not collect the documents when requested, and do not respond to our requests for collection, we will post the documents to the last recorded mailing address we have listed against your profile.

We reserve the right to make a reasonable number of copies of the original documents for our records. We own any documents produced as a result of this Engagement or any copied documents provided by you for this Engagement including any electronic data.

Client Responsibilities and Warranties

In conducting this engagement, information acquired by us in the course of the engagement is subject to strict confidentiality requirements. That information will not be disclosed by us to other parties except as required to provide the Services; as allowed for by law; or with your express written consent.

The Client is responsible for the reliability, accuracy and completeness of the accounting records, particulars and information provided and disclosure of all material and relevant information. Clients are also responsible for providing us with such materials and relevant information in a timely manner so that we may provide our Services to you in a timely manner. Clients are required to arrange for reasonable access by us to relevant individuals and documents, and shall be responsible for both the completeness and accuracy of the information supplied to us. Any advice given to the Client is only an opinion which is based on our knowledge of the Client's particular circumstances and is informed by the information, materials account records and particulars provided to us by the Client.

You agree that we are entitled to rely on the accuracy and completeness of any information you provide us under this agreement and in order to provide our services to you. TCA Accountants & Bookkeepers accepts no liability or responsibility for any loss, damage, claim or expense that you may suffer as a result of you providing us with inaccurate, incomplete, incorrect out of date or untimely accounting records, particulars or information, and you waive and release us from any and all such liability.

Where the Services include payroll processing, the Client, as the employer, retains primary responsibility for compliance with applicable employment legislation, Modern Awards, Enterprise Agreements and employment contracts. This includes determining and approving employee classifications, pay points, remuneration, employment conditions and entitlements, including progression, reclassification and changes arising from employee duties, qualifications or performance. The Client is responsible for promptly notifying us of any changes, including their effective dates, and reviewing and authorising payroll information prior to finalisation.

The Client acknowledges that the provision of payroll processing, related calculations and statutory reporting does not, of itself, include independent assessments or comprehensive reviews of compliance with applicable Modern Awards, Enterprise Agreements, employee classifications, pay-point progression or historical employment entitlements, unless specifically agreed in writing. TCA Accountants & Bookkeepers will exercise reasonable professional skill, care and diligence in performing the agreed Services. Where apparent errors, inconsistencies or potential compliance concerns are identified during our work, we will bring these to the Client's attention and seek appropriate clarification or corrective action. The Client is responsible for responding to such matters, providing relevant supporting information and obtaining specialist advice where necessary. We reserve the right to defer affected processing where unresolved concerns present a reasonable risk of non-compliance. Nothing in this provision excludes responsibilities or liabilities that cannot lawfully be excluded.

You agree to pay TCA Accountants & Bookkeepers the Fees in accordance with the Billing Schedule set out in this agreement. Unless otherwise agreed, terms are strictly seven (7) days from the date of invoice. Should the account be unpaid by the due date, we reserve the right to use a debt collection agency Commercial Credit Services Pty Ltd, or other legal means to recover outstanding fees. If we incur any costs for payment collection, such as solicitor fees and collection agency fees, you agree to indemnify us for all such costs. You consent to us sending our invoices issued to you electronically at your usual email address specified by you.

Before documentation is lodged on your behalf, drafts will be forwarded for your approval. Documentation will be lodged with the relevant departments by the due dates, provided all information and documentation is received promptly after the Financial Year End or once requested by TCA Accountants & Bookkeepers. This will allow us adequate time for preparation and lodgement. No responsibility will be accepted for any late lodgement penalties incurred.

You warrant that you have not relied on any representations or warranties made by TCA Accountants & Bookkeepers in respect of the Services which have not been expressly set out in this agreement.

Observance of Statutory Deadlines

When requested information is provided to our firm less than 10 business days prior to a statutory deadline, we will assess our ability to execute the necessary tasks within the limited time frame. If we are able to accommodate this request, an additional surcharge of 30% above our standard fees may be applied in consideration of the urgent nature of the work and to assure the fulfilment of your compliance obligations by the statutory deadline.

In instances where the requested information is provided to us within a window of 5 business days prior to a statutory deadline, a similar assessment will take place. If we ascertain that we can expedite the associated work, an additional urgency surcharge of 50% may be levied on top of our standard fees to ensure the completion of the tasks and the satisfaction of your compliance obligations by the statutory deadline.

Please note, should it occur that we are unable to complete a lodgement by the statutory deadline due to the delay in receiving the necessary information within 10 business days of the due date, the regulatory authority may levy penalties or impose general interest charges. Our firm will not carry any liability for such penalties or charges.

Nonetheless, we will commit to assist you by drafting and submitting letters requesting remittance of any penalties or general interest charges. In the event an ATO payment plan is in place and defaults due to a statutory lodgement not being met by the due date, we will commit to assist you by liaising with the ATO to reinstate a payment arrangement. In the event an ASIC annual renewal fee is not paid on time and the entity becomes deregistered for GST, we will commit to assist you by liaising with the relevant regulatory authority to reinstate and backdate the GST registration.

Any time spent assisting you in resolving matters which arise when a statutory due date is not met will be considered an activity outside the standard scope of our services, and will be billed on an hourly basis, at the accounting rate.

Interests/Penalties

In the instance that we engage with Commercial Credit services Pty Ltd to retrieve any amounts unpaid by a client, a 10% surcharge will be added to the total invoice amount, which must be paid by you.

We reserve the right to charge interest at the maximum rate prescribed in Rule 75 of the General Rules on any amounts unpaid after the expiry of 30 days after a tax invoice is given to you. The maximum interest rate prescribed under the General Rules is the Cash Rate Target set by the Reserve Bank of Australia plus 2%. Our tax invoices will specify the interest rate to be charged.

Outsourced Services

We may involve third party contractors or outsourced service providers in providing various aspects of your accounting work. These services may include:

  • Accounting file preparation and/ or Data entry into our accounting systems

  • Auditing of accounts

  • Hosting of data on cloud based servers

Acceptance of our services in conjunction with this engagement document indicates your acceptance of the use of outsourced services as described above. Where the outsourced service requires the disclosure of personal information to an overseas recipient, a consequence of your consent is that TCA Accountants & Bookkeepers will be required to take reasonable steps to ensure that Australian Privacy Principles are complied with by the overseas recipients of the Personal Information. Where the outsourced service requires the disclosure of your personal information, we will take all reasonable steps to ensure that any personal information is secure and is treated in accordance with the Australian Privacy Principles.

TCA Accountants & Bookkeepers has taken all available measures to ensure the security and privacy of your data is protected and follows the notifiable data breaches scheme as outlined in the Privacy Act 1988.

Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF)

TCA Accountants & Bookkeepers is subject to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. To comply with our obligations, we may request information and documentation to verify your identity, ownership, and other relevant matters, and may conduct ongoing monitoring and screening throughout our engagement.

You agree to provide information reasonably requested for AML/CTF purposes. Any third-party costs incurred for identity verification, sanctions screening, PEP screening, or other AML/CTF compliance procedures may be charged to you. Where we are unable to satisfy our AML/CTF obligations, we may delay, suspend, or cease providing services.

Limitation of Liability

Our liability is limited by a scheme approved under Professional Standards Legislation. Further information on the scheme is available from the Professional Standards Councils' website: www.psc.gov.au

Termination of this Engagement

Subject to any statutory provisions that apply to the Services, and unless otherwise outlined in this Terms document, either party may terminate this engagement by giving not less than 28 days written notice expiring at the end of a month of the term. You will be required to pay our costs incurred up to the date of termination. Either party may terminate this engagement immediately if the other commits any material or persistent breach of its obligations under this agreement, in particular the Terms and Conditions set out in the Engagement Letter (which, in the case of a breach capable of remedy, has not been remedied within 7 days of discovery by the party in breach), or if the other becomes insolvent.

In addition, we may terminate this engagement on reasonable notice if any of the following circumstances occur:

  • you fail to pay our accounts on time;

  • You fail to provide us with requested information

  • you fail to provide us with adequate instructions;

  • your instructions involve acting contrary to the interests of another client;

  • a conflict of interest has arisen or it is not appropriate for us to continue to act on your behalf;

  • we are no longer be able to provide all or part of the Services to you because of applicable auditor independence rules or legislation without ceasing to be independent in relation to an audit client; or

  • for any other reasonable and just cause.

In addition to our other rights, upon termination you will be required to pay our charges for work done, and for any expenses incurred up to the date of termination together with our reasonable costs and expenses incurred in connection with the early termination of this engagement. For lump sum matters, you must pay the part of our lump sum fee that we reasonably estimated has been incurred in respect of the tax and accounting services provided to you up to the date of termination, plus charges, expenses and disbursements. On termination of this Engagement, we are entitled to retain possession of any documents while there is money owing to us for charges and expenses.

Termination of this engagement is without prejudice to any rights that may have accrued before termination. The Terms and Conditions of this agreement which expressly or by implication are intended to survive its termination or expiry will survive and continue to bind the parties.

Force Majeure

Neither party will be liable to the other for any delay or failure to fulfil their obligations under this agreement if that delay and/or failure arises from causes beyond their control, including but not limited to fire, floods, acts of God, acts or regulations of any government or supranational authority, war, riot, terrorist activities, strikes, lockouts and industrial disputes.

Electronic Communications

You agree that we will communicate with each other by electronic means such as e-mail, SMS etc. We and you each recognise that e-mail and the internet are inherently insecure and that emails and data can become corrupted, are not always delivered promptly (or at all) and that other methods of communication may be appropriate. In addition, the internet is prone to viruses. We and you each recognise these hazards and so each of us will be responsible for protecting our own systems and interests and neither of you nor we will be responsible to the other on any basis for any loss or damage in any way arising from the use of electronic communication.

You hereby authorise us and request us to communicate with you by way of electronic communication, during and after termination of our services. You also understand that as such electronic communication is not secure it may be copied, recorded, read or interfered with by third parties while in transit and accordingly, you release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with any document that we send or receive by way of electronic communication, or for any delay or non-delivery of any document and for any damage caused to your system or any files by a transfer by way of electronic communication.

Storage of Personal Information and Use of Cloud Services, Technology and Artificial Intelligence (AI)

By signing this Engagement Letter, you acknowledge and agree that your personal information may be stored in Australia or overseas within the cloud service providers as set out in our Privacy Policy, which is accessible on our website at https://www.tcadarwin.com.au/privacy-policy.

In providing our professional services, we may use various digital technologies, including cloud-based applications, automated systems and artificial intelligence (AI) tools, to assist with data processing, calculations, analysis, document preparation, reporting, workflow management and other administrative and professional activities.

We will take reasonable steps to ensure that appropriate privacy and security safeguards are in place when using third-party technology and AI service providers. Our use of these technologies remains subject to our applicable privacy, confidentiality and professional obligations. We will exercise appropriate professional judgment, and we will remain responsible for the tax agent services provided.

By signing this Engagement Letter, you acknowledge and consent to our use of such technologies, including the processing, storage and disclosure of your information through relevant third-party cloud, technology and AI service providers, as required for the purposes of this engagement and subject to applicable legal and professional obligations.

Details of relevant third-party service providers and offshore arrangements are available in our Privacy Policy. We may update these arrangements from time to time and will notify you of material changes and obtain further consent where required by applicable laws or professional obligations.

Disclosure

You must provide all information and documents relevant to the proper performance of the work at the outset of the Engagement and during the Engagement. This includes promptly advising us of anything that occurs subsequently to render information already provided misleading or incomplete, or advising us of any change in your circumstances relevant to the work.

Billing

Services may be billed on a fixed rate or hourly billing rate, as indicated herein. Where we cannot provide a fixed rate quote, we will quote an hourly rate in cases of project work where it is difficult to define the scope of the service required. In the case where you have been quoted an estimate based on an hourly rate, TCA Accountants & Bookkeepers will inform Acme Corporation of the amount of time used before we issue the final bill and collect payment. Our professional fees will be based on our regular billing rates, plus direct out-of-pocket expenses and applicable GST, and are due when rendered. Fees for additional services will be established separately.

More than one client

If we are acting for more than one authorised person (e.g. directors), you irrevocably and unconditionally consent to any conflict (if any) that may arise and you hereby authorise us to accept instructions from one of you, as instructions coming from the other, without having to revert to the other. You will each be severally and jointly liable for any fees, charges or disbursements incurred (e.g. directors will guarantee any of the fees our firm issues to the company). You understand that you may choose to receive independent advice, as to this agreement.

Privacy Act

We may collect Personal Information about your representatives, your clients and others when we provide services to you. If we do, you agree to work with us to ensure that we both meet the obligations that we each may have under the Privacy Act 1988 (Cth) (as amended) (Privacy Act). The obligations may include notifying the relevant person to whom the personal information relates who we are and how we propose to use their personal information. Where you have 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. We will handle personal information in accordance with the Privacy Act.

Confirmation of Terms

Please review and digitally sign this agreement to indicate that it is in accordance with your understanding of the arrangements. These terms of engagement will be effective for future years unless we advise you of any change.

Yours sincerely,

TCA Accountants & Bookkeepers

Acknowledgment of Terms of Engagement

By signing this Engagement Document, you irrevocably and unconditionally provide to us (to the extent permitted by law) your acceptance, agreement and acknowledgment of the following:

a) That you have read, understood and agreed to be bound by the Terms and Conditions of this Engagement Document; and

b) That you have read and understood TCA Accountants & Bookkeepers' Privacy Policy and in particular, amongst other things, you consent for us to collect, hold, use and disclose your personal information in accordance with our Privacy Policy and in accordance with your acknowledgements, consents and other matters raised therein, and

c) Grant TCA Accountants & Bookkeepers the authority to act as the Acme Corporation's (and any associated entities/individuals listed herein) Tax Agent with the Australian Taxation Office.

By signing below, I confirm I have the authority to contract on behalf of Acme Corporation I hereby agree to the terms of engagement dated of TCA Accountants & Bookkeepers as set out above in this letter of engagement.


 I, {{ contact.name }}, of {{ client.name }} confirm that I understand and agree to the terms of engagement.

___________________________        ___________________________       __________

Client Name                                    Client Signature                 Dated