Engagement to act for the following entities:Name First Last Company NameTerms and Conditions of EngagementTerms and ConditionsThank you for engaging us. This engagement letter, including the attached terms and conditions, sets out the basis of our engagement. Please read this letter carefully and let us know as soon as possible if you have any queries regarding its contents. To the extent necessary, this engagement letter covers work completed prior to the date of this letter and supersedes any existing engagement letter. Who we are acting for We are acting for the abovenamed entities. We may add other related parties to this list from time to time. Where you would like us to act for anyone else, we will issue a separate engagement letter to them. Period of engagement This engagement will start when this letter is signed and cover all outstanding years. Previous tax years or accounting periods that have previously been completed are not included as part of this engagement unless specifically agreed by us. The terms of this engagement letter will continue to apply for future engagements unless otherwise agreed. Scope of services and fees Our services, the requirements from you and the estimated costs will be discussed with you and confirmed before undertaking any work. Limitations to Scope of Services The following limitations apply to the scope of works above: neither an audit nor a review will be carried out no assurance will be expressed the engagement cannot be relied upon to disclose errors, illegal acts or other irregularities, for example, fraud or defalcations that may exist Other limitations: E.g. scope does not include checking for all receipts, or items for which reliance is placed on the client. The following comment applies to the provision of tax agent services (e.g. tax returns, BAS, etc as opposed to preparing financial statements): Notwithstanding the above limitations, we are required by the Tax Agent Code of Professional Conduct to make enquiries if the information does not align with our experience and expectations. This could be based, for example, on what could be expected within your industry. If we need to make these enquiries, then additional fees will apply. We do not have any discretion in this matter. Therefore, to ensure it does not become an overly expensive process, you should ensure that you have all relevant information to support and corroborate the information that you provide us. Authorisation We are required to verify your identity. We will request from you such information as we require for these purposes and make searches of appropriate databases as needed. We are also required to retain this information for 5 years. You authorise us to approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs. You authorise us to add you to our tax agent portal and to the ASIC portal. You authorise us to update the address for correspondence to our address. Client responsibilities Your responsibilities are as follows: You must provide us with all information necessary for dealing with your affairs including information which we reasonably request, in sufficient time to enable our services to be completed before any applicable deadline. We will rely on such information being true, correct and complete and will not audit the information. You must keep us informed on a timely basis of changes in your circumstances that may affect our services. You must not act on advice given by us on an earlier occasion without first confirming with us that the advice is still valid. In relation to the complication of general-purpose financial statements or special purpose financial statements, you remain responsible for: the form and content of the financial information in accordance with an applicable financial reporting framework that is acceptable in view of the intended use and users of the financial information; the reliability, accuracy and completeness of the accounting records and disclosures provided to us; and the judgements needed in the preparation and presentation of the financial information, including those for which we may provide assistance in the course of the compilation engagement In relation to taxation services: The responsibility for the accuracy and completeness of the particulars and information provided by you rests with you; Any advice given to you is only an opinion based on our knowledge of your particular circumstances; and A taxpayer has obligations under self-assessment to keep full and proper records in order to facilitate the preparation of accurate returns. You are responsible for maintaining those records. Client's disclosure and record keeping obligations You are required by law to keep full and accurate records relating of your tax affairs. It is your obligation to provide us with all information that would be reasonably expected will be necessary to allow us to perform work contemplated under the engagement within a timely manner or as requested. This includes providing accurate and complete responses to questions asked of client by the practitioner. Inaccurate, incomplete or late information could have a material effect on services and/or conclusions. We need not verify the underlying accuracy or completeness of information from you if it appears reasonable. However, if we believe information is missing, incorrect or misleading, we will need to seek further assurance from you. The Taxation Administration Act 1953 now contains specific provisions that may provide you with "safe harbour" from administrative penalties for incorrect or late lodgement of returns. These safe harbour provisions will only be available to you if, amongst other things, you provide "all relevant taxation information" to us in a timely manner (the safe harbour provisions apply from 1 March 2010). Accordingly, it is to your advantage that all relevant information is disclosed to us, as any failure by you to provide this information may affect your ability to rely on the "safe harbour" provisions and will be taken into account in determining the extent to which tax practitioners have discharged their obligations to clients. It is your responsibility to show that you have brought all matters to my/our attention if you want to take advantage of the safe harbours created under new regime. Anything disclosed to the ATO is a “statement”. This can include numbers in your tax return. It can also include numbers omitted from your tax return. Reasonable care needs to be taken to ensure no false or misleading statements are made. Anything that is incorrect is basically false or misleading. If an incorrect statement is made, it needs to be corrected, failing which penalties may apply and reporting obligations will be enlivened. Further information is available here: https://www.tpb.gov.au/tpbi-452024-false-or-misleading-statements or do an internet search for TPB(I) 45/2024. Reliance on advice We will endeavour to record all advice on important matters in writing. Advice given verbally is not intended to be relied upon unless confirmed in writing. If we provide verbal advice (for example during a meeting or telephone conversation) that you wish to rely on, you must ask us to confirm the advice in writing. 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. Your agreement Please confirm your agreement to the terms of this engagement letter by signing and returning one copy of this letter to us. You will also be deemed to have accepted the terms of this engagement by providing instructions to us to provide services to you, but you must still provide a signed copy of this letter as soon as possible. Terms and conditions Who may instruct us You confirm that you, and any other person you nominate in writing from time to time (provided we have acknowledged such nomination), are authorised to give us instructions and information on behalf of all persons we are acting for and to receive our advice and documents on their behalf. If we are acting for a business, and we receive conflicting advice, information or instructions from different persons, we may refer the matter to the board of directors, partners or proprietors (as applicable) and act only as requested by them. You and your spouse/partner We will advise you and your spouse/partner on the basis that you are a family unit with shared interests. We may deal with either of you and may discuss with either of you the affairs of the other. If you wish to change these arrangements, please let us know. Know your customer We may be required to verify your identity for the purposes of the anti-money laundering laws. We may request from you such information as we require for these purposes and make searches of appropriate databases. Your responsibilities You must provide us with all information necessary for dealing with your affairs including information which we reasonably request, in sufficient time to enable our services to be completed before any applicable deadline. We will rely on such information being true, correct and complete and will not audit the information. You authorise us to approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs. You must keep us informed on a timely basis of changes in your circumstances that may affect our services. Qualifications on our services To the extent our services involve the performance of services established by law, nothing in the engagement letter or these terms reduce our obligations under such law. You must not act on advice given by us on an earlier occasion without first confirming with us that the advice is still valid. Our services are limited exclusively to those you have engaged us to perform. Unless otherwise specified in the engagement letter, our services cannot be relied upon to disclose irregularities and errors, including fraud and other illegal acts, in your affairs. Neither an audit nor a review will be conducted and, accordingly, no assurance will be expressed. Where our engagement is recurring, we may amend our engagement letter and these terms where we consider it is necessary or appropriate to do so. If you do not accept such amendments, you must notify us promptly in which case you may terminate our engagement in accordance with section 18 below and those amendments will not apply prior to such termination. Reliance on advice We will endeavour to record all advice on important matters in writing. Advice given verbally is not intended to be relied upon unless confirmed in writing. If we provide verbal advice (for example during a meeting or telephone conversation) that you wish to rely on, you must ask us to confirm the advice in writing. Investment and financial advisory advice We will not provide you with investment or financial advice regulated under the Corporations Act 2001 (Cth) unless we have expressly agreed to do so in writing, specifying an applicable Australian Financial Services Licence number. Professional obligations We will comply with the professional and ethical standards of the Accounting Professional and Ethical Standards Board, available at apesb.org.au. This includes APES 110 Code of Ethics for Professional Accountants (including Independence Standards), which among other things contains provisions that apply if we become aware of any actual or potential ‘non-compliance with governing laws or regulations’ (NOCLAR). Where any such non-compliance poses substantial harm (such as serious adverse consequences to investors, creditors, employees, auditor, group auditor or the public), we may be required to disclose the matter to an appropriate authority. Conflicts of interest We will inform you if we become aware of any conflict of interest in our relationship with you (including between the various persons this engagement letter covers) or in our relationship with you and another client. Where conflicts are identified which cannot be managed in a way that protects your interests then we will be unable to provide further services to some or all of the persons to whom this engagement applies. If this arises, we will inform you promptly. In the meantime, where there are multiple entities listed in this letter, each entity provides us with their informed consent to continue acting. We may act for other clients whose interests are not the same as or are adverse to yours, subject to the obligations of conflicts of interest and confidentiality referred to above. Fees and payment Our fees will be charged on the basis set out in the engagement letter and have been set based on the level of skill, responsibility, importance and value of the advice, as well as the level of risk. If we have provided you with an estimate of our fees for any specific work, this is an estimate only and our actual fees may vary. We may provide a fixed fee for the provision of specific services. If it becomes apparent to us, due to a change in the circumstances, that a fixed fee is inadequate, we may notify you of a revised figure and seek your agreement to it. In some cases, you may be entitled to assistance with your professional fees, particularly in relation to any investigation into your tax affairs by the ATO. Assistance may be provided through insurance policies you hold or via membership of a professional or trade body. Other than where such insurance was arranged through us, you will need to advise us of any such insurance cover that you have. You will remain liable for our fees regardless of whether all or part are to be paid by someone else. Information requests either by you or third parties are charged at hourly rates. This includes requests from liquidators or administrators, requests made pursuant to a subpoena or similar process, or requests made by a new accountant. Where such requests are made, we reserve the right to require payment in advance before the requests are fulfilled, and you agree that we are under no obligation to fulfil that request until such payment is made. 10A. Terms of Payment We will bill at regular intervals (for example, monthly) and our invoices are due for payment within 7 days of issue. Our fees set out in our engagement letter are exclusive of GST which will be added to our invoice where it is chargeable. Any disbursements and expenses we incur in the course of performing our services will be added to our invoices where appropriate. Unless otherwise agreed to the contrary, our fees do not include the costs of any counsel, or other professionals or third parties engaged with your approval. We may charge interest on late paid invoices at the rate of 5% above the RBA cash rate. Your services will be automatically suspended if payment of any fees is late. You will be entirely responsible for your own affairs during the suspension period. If we do continue to provide services during the suspension period anyway, it should not be taken as a waiver of any kind, and you will continue to be liable for any additional fees in relation to the services provided during the suspension period. We intend to exercise these rights only where it is fair and reasonable to do so. Lien If permitted by law or professional guidelines, we may exercise a lien over all materials or records in our possession relating to all engagements for you until all outstanding fees and disbursements are paid in full. Client monies We maintain a trust account for dealing with client monies on their behalf. We can only accept money into our trust account on your behalf if you have provided us with a written trust account authority letter which details the authority given to us in relation to that trust money. You hereby authorise us to receive your tax refund into a trust account operated by us for the receipt of client monies in our account with CBA. You further authorise us in consideration of the completion of the engagement and after being notified in writing of the amount of such fee for the work involved in the engagement referred to above, to deduct from the client monies so held the amount of the account rendered and to forward the balance of the account to you. Confidentiality We will take all reasonable steps to keep your information confidential, except where: we need to disclose your information to our service providers (including auditors of client monies if applicable) or regulatory bodies in performing the services, our professional advisers or insurers or as part of an external peer review from time to time. Our files may also be subject to review as part of the quality review program of Chartered Accountants Australia and New Zealand. By accepting this engagement you acknowledge that, if requested, our files relating to this engagement will be made available under this program. We will take reasonable steps to ensure any such recipient (other than a regulatory body) keeps such information confidential on the same basis; we are required by law, regulation, a court of competent authority, or those professional obligations referred to in section 8 above, to disclose the information; we provide limited information (but only to the extent reasonably necessary) to potential purchasers (or their professional advisors) of our practice but we will take reasonable steps to ensure that any such recipient keeps the disclosed information confidential; we use the information for training purposes, in the development of products or technology, in research or as source material for industry or other benchmarking data or studies (and it should be confirmed whether the personal information and/or identity of a person would be identifiable or de-identified from the outset; or you give us permission to disclose the information. We may retain your information during and after our engagement to comply with our legal requirements or as part of our regular IT back-up and archiving practices. We will continue to hold such information confidentially. Where we use the information for training purposes, product or technology development, research or as source material for industry or other benchmarking data or studies, the identity of any individual or entity to which such information relates will not, to the extent possible, be identifiable from the output of the activity for which the information is to be used or disclosed. We may mention that you are a client for promotional purposes. Privacy You must make all necessary notifications and obtain any necessary consents for us to process personal information you provide to us. We collect and use that personal information for the purposes of providing the services described in the engagement letter to you and we will comply with the Privacy Act 1988 (Cth) when processing that personal information. Our privacy policy provides further details of our privacy practices. Ownership of materials We own the copyright and all other intellectual property rights in everything we create in connection with this engagement. Unless we agree otherwise, anything we create in connection with this agreement may be used by you only for the purpose for which you have engaged us. Limitation of liability Our liability is limited by a scheme approved under Professional Standards Legislation. You agree not to bring any claim against any of our principals, partners, directors, shareholders or employees in their personal capacity. To the maximum extent permitted by law, we are not liable to you for: indirect, special or consequential losses or damages of any kind; or liability arising due to the acts or omissions of any other person or circumstances outside our reasonable control, or your breach of these terms. Limitation of third party rights 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. Termination Each of us may terminate this agreement by giving not less than 21 days’ notice in writing to the other party except where a conflict of interest has arisen, you fail to cooperate with us or we have reason to believe that you have provided us or any other person with misleading or factually inaccurate information, or payment of fees are overdue, in which case we may terminate this agreement immediately. Termination will not affect any accrued rights. Communication You must advise of any changes to your contact details. We may send any communications to the last contact details you have provided. Unless you instruct us otherwise we may, where appropriate, communicate with you and with third parties via email or by other electronic means. The recipient is responsible for virus checking emails and any attachments. There is a risk of non-receipt, delayed receipt, inadvertent misdirection or interception by third parties in any form of communication, whether electronic, postal or otherwise. We are not responsible for any such matters beyond our control. Applicable Law Our engagement is governed by New South Wales law. The courts sitting in that State will have non-exclusive jurisdiction in relation to any dispute between us. Interpretation If any provision of the engagement letter or these terms is void, that provision will be severed and the remainder will continue to apply. If there is any conflict between the engagement letter and these terms, these terms prevail. Disputes and complaints If you have any concerns about our costs or services, please speak to the person responsible for this engagement, who is identified in our engagement letter. To resolve your concerns we have policies and procedures in place to deal appropriately with complaints and will use best endeavours to resolve a complaint or dispute to the mutual satisfaction of the parties involved. We may require you to detail your complaint in writing to allow us to fully investigate any concerns that you raise. Where your complaint concerns a tax agent service or BAS agent service that we have provided, you also have the right to make a complaint to the Tax Practitioners Board in accordance with their complaints process described here https://www.tpb.gov.au/complaints. Third party responsibilities We may utilise outsourced service providers and cloud computing service providers, including: outsourced providers for storage of files; outsourced providers for use of software, whether to complete the work, practice management or for other business or regulatory purposes; outsourced contractors to complete the work, whether local or overseas; and and other third parties from time to time and as separately notified to you. To perform the services, we may provide these third parties with access to your data to the extent this is required to perform the services. Your data will be stored in servers physically located in Australia (unless otherwise specified) and in accordance with the security practices of the third-party service provider and our Privacy Policy. Consumer Data Rights You may consent for an Accredited Data Recipient under the Consumer Data Right (CDR) to disclose your CDR data to us. You may nominate us as your Trusted Adviser for this purpose. As your Trusted Adviser, we will only access the data necessary to provide the services in this engagement letter. Register of Tax Agents and BAS Agents available for you to search The Tax Practitioners Board (TPB) maintains a register with details of registered, suspended and deregistered tax and BAS agents. This register is available to the public to search at https://www.tpb.gov.au/public-register. Notifiable events We are obliged to advise clients of certain events which may influence your decision to engage us as your tax agent. Specifically, if any of these prescribed events have occurred in the last 5 years (or on or after 1 July 2022 – whichever is later): Event Whether it has occurred Registration was suspended or terminated by the TPB No Undischarged bankrupt or went into external administration No Convicted of a serious taxation offence No Convicted of an offence involving fraud or dishonesty No Serving, or were sentenced to, a term of imprisonment in Australia for 6 months or more No Penalised, subject to an injunction, or been subject to an order for breaching a voluntary undertaking, for being a promoter of a tax exploitation scheme No Penalised, subject to an injunction, or been subject to an order for breaching a voluntary undertaking, for implementing a scheme that has been promoted on the basis of conformity with a public ruling, private ruling or oral ruling in a way that is materially different from that described in the ruling No Penalised, subject to an injunction, or been subject to an order for breaching a voluntary undertaking, for promoting on the basis of conformity with a public ruling, private ruling or oral ruling a scheme that is materially different from that described in the ruling No Federal Court order to pay a pecuniary penalty for contravening a civil penalty provision under the Tax Agent Services Act 2009. No We are also obliged to advise you whether there are any conditions attached to our registration. There are no current conditions attached to our registration and you can check our registration and any conditions imposed at any time at https://www.tpb.gov.au/public-register. Please check our registration. Your rights under Taxation Laws (including Tax Agent Services Act and the Tax Agent Services (Code of Professional Conduct)) Please refer to the attached fact sheet published by the Tax Practitioners Board (TPB) summarising your obligations to the ATO, and your tax practitioner’s obligations to you, the TPB and ATO. The fact sheet is here: https://www.tpb.gov.au/sites/default/files/2025-03/Information%20for%20clients%20factsheet%202025_0.pdf Adam Ahmed Director Tony Ngo & Associates Pty Ltd We are currently operating through a company structure (Tony Ngo & Associates Pty Ltd). This company is a registered tax agent. We will shortly be transitioning to a trust structure, with the same company as trustee and the services provided through the trust. The trust will be called Adam&Ben Unit Trust. In engaging with us, you acknowledge and agree to this transition taking place, and accept, to the extent necessary, this engagement documentation as engagement documentation provided by and pertaining to Tony Ngo & Associates as trustee for Adam&Ben Unit Trust. Acceptance I/We have reviewed the terms offered by Tony Ngo & Associates Pty Ltd as trustee for Adam&Ben Unit Trust in this letter, including the attached terms and conditions, and agree to be bound by it.Fee EstimateNumber of Tax Returns to be preparedEstimated Total FeesDeclaration(Required) I AGREE to the above stated Terms and Conditions I DO NOT AGREE agree to the above stated Terms and Conditions Email Name First Last Appointment I am making this appointment on behalf of someone else.Appointer Name First Last SignatureThis field is hidden when viewing the formDate DD slash MM slash YYYY
