Terms & Conditions
Welcome to simplesolutionsaccounting.com.au (“our Site”).
Our Site gives you an opportunity to browse and engage the services offered by Simple Solutions Accounting Services Pty Ltd (ACN 612 270 210) (we, us, our).
These Terms and Conditions (Terms) govern your use of our Site, and our services, and form a binding contractual agreement between us, and you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at [email protected] before using our Site or engaging our services.
Our services are intended for adult users aged 18 and over.
Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.
1. ACCEPTANCE OF TERMS
1.1 By browsing, accessing, downloading, purchasing or using the services offered on our Site, whether or not you engage our services, you acknowledge that you have read and understood these Terms and agree to be bound by them.
2. VARIATIONS TO TERMS
2.1 We reserve the right, in its sole discretion, to vary, change or amend any part of these Terms.
2.2 In that event, we will provide notice of the variation by publishing the updated Terms on our Site.
2.3 The updated Terms will be taken to have effect on the date of publication.
2.4 Your continued use of our services, and the Site constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.
2.5 Should you object or disagree to the Terms, your only remedy is to contact us at [email protected] and immediately discontinue your use of the products and/or services.
3. GENERAL DISCLAIMER
3.1 We may offer a number of services and products on our Site from time to time.
3.2 You acknowledge and agree that each service may have different terms, prices and fees, as displayed on our Site or as contained in any contract entered into with you and us for those services.
3.3 You acknowledge and agree that Simple Solutions Accounting Services Pty Ltd its directors, principals, employees, affiliates and representatives are not responsible for decisions that you may make, not any consequences, undesired or otherwise, that may flow from your engagement of the Site.
3.4 Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
3.5 We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, or information supplied to you. You also acknowledge and agree to hold us harmless for any loss suffered as a result of our recommendations and information supplied in connection with our services and in accordance with this Site and further acknowledge and agree that the indemnities under clause 15 are considered reasonable.
3.6 This clause survives termination of these Terms.
4. REGISTERING YOUR DETAILS
4.1 Before you purchase our services, you must create an account to an online portal, complete a secure online form and sign an engagement letter provided to you.
4.2 You must provide accurate, complete and up-to-date information, as requested, and it is your responsibility to inform us of any changes to your information.
4.3 We may at any time request a form of identification to verify your identity.
4.4 If you create an account to an online portal, you acknowledge and agree that:
(a) You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
(b) You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
(c) You will immediately notify us if your Password is lost or becomes known to any other person; and
(d) You are solely responsible for all access to and use of the online portal via your Password, whether such access or use is by you or any other person.
4.6 You must ensure the security and confidentiality of your online portal account details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.
5. YOUR OBLIGATIONS
5.1 You must provide us with all the relevant requested information and documentation in a timely manner and within any time frames required for us to complete our work.
5.2 When providing our services, we may request that you provide us with responses, feedback, completed questionnaires, copy content, images and other information so we can best deliver our services. You agree that you will provide any such information in a timely manner. Any delays in receiving this information may result in information not being provided by us to you.
6. CODE OF CONDUCT
6.1 Our Site is a respectful space for learning and is a pitch-free, solicitation-free and sales-free environment.
6.2 Whilst using this Site we ask that you not:
(a) Contact anyone who has asked not to be contacted.
(b) Collect personal data about other users for commercial or unlawful purposes.
(c) Infringe other user’s privacy rights.
(d) Violate the intellectual property of others.
(e) Post anything that contains software viruses, worms or any other harmful code.
(f) Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
7.1 We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our services, you agree to respect the same rights of the other services participants (Participants) and representatives of ours.
7.2 You agree:
(a) That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
(b) Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
(c) That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
(d) That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
7.3 While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
7.4 This clause survives termination of these Terms.
8. COPYRIGHT AND TRADE MARK NOTICES
8.1 All material on this Site, or otherwise delivered by us via our online membership services, including (but not limited to) templates, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
8.2 You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
8.3 The trade marks, logos, and service marks displayed on our Site to denote our brand are either registered or unregistered trade marks of us (our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
8.4 Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any our Marks without our express written permission.
8.5 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
8.6 This clause survives termination of these Terms.
9. RIGHT TO SUSPEND, TERMINATE AND REFUND
9.1 We reserve the right to suspend or terminate your use of the Site or our services generally if you breach these terms, as determined by us in our sole discretion.
9.2 Either party may terminate your use of our Site and/or services by providing to the other party a minimum of 7 days’ written notice, unless specified otherwise in any specific service Terms or contract you have entered into with us.
9.3 If you terminate our services early (prior to your services being completed), you acknowledge and agree that the outstanding fees for those services are payable. We will issue an invoice for all work accessed or completed (as the case may be) in the course of providing its services up to the time and date that written notice was given to us that the services were cancelled.
9.4 Refunds are not provided for our services, including where you have been given access to Our Content, whether accessed by you or not, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act, 2010 (Cth).
9.5 Any initial deposits paid to us for the provision of services to you are non-refundable.
9.6 Final payments are non-refundable after at the completion of our services.
9.7 Any refund requests will be assessed on a case-by-case basis, in accordance with the costs associated with each service delivered by us, or otherwise where we determines in our sole discretion that genuine value has not been received or is not able to be received by you.
10.1 You acknowledge and agree that we may at all and any times provide our services to other Clients in the same or similar industry as you.
10.2 We do not provide our services on an exclusive basis.
11.1 All prices for our services are in Australian Dollars (AUD).
11.2 All prices are inclusive of GST (if applicable) unless indicated otherwise, and exclude delivery charges and customs duty and other taxes, if applicable.
11.3 All prices are subject to change without notice.
11.4 We reserve the right to modify, cancel and limit any Proposal or work at any time.
12.1 Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:
12.2 You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
12.3 If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
12.4 Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.
12.5 We reserve the right to suspend or terminate any service, at our discretion, if payment is defaulted.
12.6 We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
12.7 We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.
12.8 We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.
12.9 In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our services.
13. DISCOUNTS, PROMOTIONS AND OFFERS
13.1 From time to time, we may offer the opportunity to purchase our services at a discounted or promotional price, subject to these Terms.
13.2 Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as published online from time to time on our Site.
14. LIABILITY IS LIMITED
14.1 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.
14.2 We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site or Our Content.
14.3 In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site or Our Content.
14.4 These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
(a) Reliance on the completeness, accuracy, suitability or currency of information, services irrespective of any verifying measures taken by us (including third party material and advertisements).
(b) Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
(c) Accessing websites or servers maintained by other organisations through links on our Site. Links are provided for convenience only. We do not endorse linked websites nor their services and you access them at your own risk.
14.5 This clause survives termination of these Terms.
15. YOUR INDEMNITY
15.1 You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, services or any breach by you or your agents of these Terms.
15.2 We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site or through use of our services.
15.3 This clause survives termination of these Terms.
16. NO DISPARAGEMENT
16.1 At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of or is in any respect a disparaging remark or representation about us and/or any of our services nor any statement that is false and does or has the tendency to damage our reputation of by any method including but not limited to any social media platform or review website anywhere in the world.
16.2 Should you breach this clause, you hereby indemnify us in accordance with clause 15 above.
17. LINKED WEBSITES, AFFILIATES OR SPONSORS
17.2 As affiliates of certain services we may also receive compensation for recommending, endorsing or promoting services as featured on our Site or in the course of delivering our services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those services which are not our own.
17.3 We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.
18.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
19. NO ASSIGNMENT
19.1 You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.
19.2 We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.
20. DISPUTE RESOLUTION
20.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.
20.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
20.3 In the case of claims against us, all notices are to be provided to [email protected].
20.4 If the dispute is not resolved by agreement within 5 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 5 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
20.5 Once a mediator is appointed, the parties agree that:
(a) The costs of the mediator shall be borne equally between the disputing parties.
(b) The chosen mediator shall determine the procedures for mediation.
(c) The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
20.6 If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
20.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
20.8 Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
20.9 This clause survives termination of these Terms.
21. APPLICABLE LAW
21.1 These Terms shall be construed in accordance with and governed by the laws of Western Australia, Australia. You consent to the exclusive jurisdiction of the courts in Western Australia to determine any matter or dispute which arises between us.
22. YOUR FEEDBACK
22.2 If you have questions or comments regarding this Site or our services, please email us at [email protected]. © Progressive Legal Pty Ltd – All legal rights reserved (2020). These Terms were last updated in January 2020.