Thank you for choosing Miss Efficiency and we look forward to working with you. There are some items that you should be aware of in terms of our engagement, which are itemised here. If you have any questions, please feel free to contact us to discuss further.
In order for us to properly look after your needs it is important for you to assist us in working with you and we would appreciate you acknowledging our Rules of the Game. This is an important concept that establishes mutual commitment to the process.
Agreeing to these terms constitutes a legally binding agreement between you and Miss Efficiency. Upon acceptance of our proposal it is acknowledged that you agree and accept these Terms of Engagement. We reserve the right to vary these Terms of Engagement, review and amend our service delivery, and to make other changes as reasonably required. Any changes to the scope of work will be discussed with you before moving forward.
It is a requirement of the Privacy Act 1988 that you are informed about the collection of your personal information and how we may use it. Personal and business information that we collect from you is used to provide and improve our service to you. We will use your information for the reason it was disclosed and not for any other purpose without your prior consent.
Miss Efficiency will not at any time disclose to any third party any information that is identified as confidential without your consent or unless required to by law. We will use all reasonable endeavours to protect your confidential information from any unauthorised disclosure and use it only for the purpose for which it was disclosed by you. We will protect such information and treat it as strictly confidential both during the engagement period, and after termination of the engagement.
At a broad level, cloud computing is the provision of information technology resources as a service through a network (including but not limited to storing, managing and processing data), typically over the internet, instead of using a local server or a personal computer. Services can range from data storage to the use of software programs, with data being stored and processed by a cloud service provider. It can include applications, databases, email and file services, and entrusts remote services with a user’s data, software and computation. In particular, cloud computing services are usually grouped into the following categories:
These services are generally operated from facilities located in premises remote from the places where the data was created. All information stored in a cloud service is physically located somewhere in one or more data centres. Information refers to the acquiring or deriving of knowledge (directly or indirectly) and includes capturing information known about a client.
All of our client information, employee information, information processes, data and files are stored in the cloud. These cloud services are operated, maintained and backed up by a third party. We use cloud computing for a range of purposes, including but not limited to inforamtion storage, lodgment of returns, digital signatures, client information portals, practice management software, financial management software.
It is a legal requirement that we inform you about any client information we are disclosing, and to whom and where the disclosure will be made in the course of performing our duties. Depending on the services that we provide for you, we wish to advise that some of your information may be disclosed to third parties as listed below.
Backup services – Information stored for back up purposes.
Financial Institutions – Supplier and employee payment information.
Third parties – Information provided for the purposes including but not limited to storing information, transferring information, communicating about client and/or employee affairs.
Government Departments, state and federal – Information relating to the client and its employees including but not limited to the Department of Human Services, Centrelink, Child Support, Medicare, Australian Taxation Office, Office of State Revenue, Workcover.
Software Providers – Information stored within the software including but not limited to the result of data entry, reconciliations, source documents. Software Providers means the primary software used to capture the accounting records and other related and/or integrated software to assist with capturing that information and providing services to you.
Subcontractors and employees – Information necessary to perform services including but not limited to process information, source documents, accounting files, bank statements, timesheets.
Superannuation Funds & Superannuation Clearing Houses – Information for the lodgement and/or payment of superannuation including but not limited to contact information, employee information, bank details.
Workforce Industrial Relations Service Providers – Information necessary in obtaining HR assistance including but not limited to contact information, employee information, payroll information, process information.
Industry Associations – Information necessary in obtaining professional industry advise, including but not limited to contact information, employee information, process information.
External IT Service Provider – Specific client information is not provided to our external IT service provider but they do have access to the devices in which your information may be stored. This information is held with the highest level of sensitivity and confidentiality.
We use a number of applications in our business to make our business, and yours, run more efficiently. We take the security of our data, and yours, very seriously and have strong protocols in place to keep information secure. The applications we use in our business includes but is not limited to:
Our payment terms are upfront, or installments over the term of the engagement. If you pay upfront, the full amount will be payable, after which your service will commence. If you pay in weekly instalments, our service will commence after the first payment. The remaining instalments will be due each payment cycle (weekly or monthly) until the end of the engagement.
It is your responsibility to ensure that on each payment due date there are sufficient cleared funds in your nominated account to meet your scheduled payment. Should your payment decline on the agreed payment date, we reserve the right to continue attempts to process your payment. We will attempt to process the declined amount each day thereafter until successful. We will not be responsibility for any dishonour or honour fees charged by your financial institution. After continued failed payment attempts we reserve the right to suspend access to our program and cease work immediately and without penalty.
Should your bank details change, it is your responsibility to provide Miss Efficiency with new payment details to ensure payments continue to be successfully debited. Once your agreed minimum program term has ended, you can continue to provide services on a month-to-month basis. We will continue to debit the amount set out in the engagement agreement until such time that you advise us that you wish to discontinue.
We may charge interest at the rate of 12.5% per annum on any amounts unpaid 30 calendar days after the payment due date. We reserve the right to engage external collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us. You will be liable for all costs involved, including legal fees where relevant.
Our pricing structure, payment methods, payment processes and these Terms of Engagement may be amended at any given time at our discretion. All other changes will apply from the date that the amended or new Engagement Terms are posted on our website or are provided to you, whichever is earlier.
Where payments are not paid via direct debit, if you fail to pay a Miss Efficiency invoice in accordance with our payment terms we reserve the right to cease your work immediately and without penalty. We reserve the right to invoice for any outstanding work in progress and hold all working papers, source documentation and subscriptions until payment of the account is received in full. Overdue invoices may be referred to a collection service and any costs associated in recovering the debt may be passed onto you. Where we process supplier and/or employee payments on your behalf, it is agreed that we will process our invoice/s for payment with your supplier and/or employee payments in the next payment run.
We reserve the right to review fees for services rendered on a regular basis. Our prices and package rates are subject to change and will be reviewed on a regular basis. If our service is bundled with the provision of software, we reserve the right to increase our prices should the price of the software change.
The extent of the record keeping function performed by Miss Efficiency will vary depending on the engagement and will be agreed during the course of the appointment. It will be your responsibility to ensure the completeness and accuracy of the records and information supplied and to provide explanations on any item questioned in the course of the engagement. This is necessary to ensure the accuracy of the financial information compiled under this engagement.
Responsibility for the maintenance of business records rests with you. This includes security of those records and prevention against cyber-attacks and fraud. It is important to remember that you are personally responsible for the information contained in any statutory return and that you must retain all necessary supporting documentation to substantiate the transactions. While we will perform periodical local backups of bookkeeping work for our own records, you should ensure all your business electronic data is backed up securely.
Miss Efficiency may be engaged to provide payroll services for you. We are engaged to establish the payroll systems based on the payroll information provided to us. We will implement and maintain the payroll system based on this information. It is agreed that Miss Efficiency is not engaged to interpret and apply the Fair Work provisions to your business and specific payroll and employment advice should be obtained from an HR professional. It is important that you are aware of the obligations mandated by the Fair Work Act, and your modern award or industrial agreement. We recommend you perform regular workplace audits to ensure minimum legislative obligations are being met. It is your responsibility to ensure you are meeting your minimum conditions in terms of pay rates and conditions. These rates and conditions change from time to time and it is your responsibility to inform us when these changes happen so we can update the payroll records.
We choose to work with a select number of software providers and may make recommendations to you. Some software providers may provide us with a discounted price, commission or other benefit for using their platform. We make these recommendations to you based on what is best for you and your business, not because of any financial benefit or other incentive that the provider may pass to us.
Please ensure valid tax invoices are obtained where required and valid proof of payments exist for all payments that are being claimed for GST/BAS purposes. We may seek further information where it is an unusual transaction or where the information is unclear, and we may provide you with a list of queries for your action prior to completing your accounts. Please ensure you review the reports we send to you so that any amendments can be made in a timely manner.
The responsibility for reviewing final reports and/or work rests with you. You will not be charged to correct errors which are clearly our fault, as long as you provide us with written information and evidence of such errors within 7 days of receiving the reports and/or completed work. Revisions performed at your request will be charged separately at an agreed rate.
Miss Efficiency may from time to time provide you with various documents and other information which could be used by you in the conduct of your business. These documents may include but are not limited to agreements, policies, procedures, letters, flowcharts, scripts, templates and how-to guides. This information is not intended to replace legal, financial or industrial relations advise, and is provided only as a general guide as to the types of systems and documents which you could put in place in your business.
The financial statements and any other documents that we are specifically engaged to prepare, together with any original documents given to us by you, are your property. Any other documents brought into existence by us, including general working papers and draft documents remain our property. It is agreed that all materials provided to Miss Efficiency are owned by you or you have the permission from the rightful owner to use such materials, and you will hold harmless, protect and defend Miss Efficiency from any claim or action which may arise from the use of such materials.
If Miss Efficiency holds the subscription for your accounting software, we reserve the right to restrict access to the file due to non-payment of our account. If you wish to take over the subscription all outstanding fees to us must be paid prior to transfer. Ownership of the data becomes yours following payment of the respective fees. If you choose to discontinue our services including the provision of software through us, we shall cease paying the software subscription and information will no longer be available unless reinstated within the terms stipulated by the software provider. Please be aware that many software companies include in their terms and conditions the right to access your data. By giving me access to your business data (whether through my subscription or your own), you also acknowledge and accept the terms and conditions of the software provider/s.
Whilst Miss Efficiency makes every effort to provide accurate and reliable information and services, we reserve the right not to be held responsible for the correctness, completeness or quality of the information and services provided. We assume no responsibility for consequences resulting from the provision of information and services, including, but not limited to, errors or omissions. All information provided is intended solely to provide general guidance on matters of interest for your personal use and you accept full responsibility for its use. It is provided with no guarantee of completeness, accuracy or timeliness, and without warranty of any kind. Information provided does not constitute legal, industrial relations, accounting, tax or consulting advice. You agree to indemnify us for any loss that may result from third party claims arising from the provision of our services.
Electronic mail may not always be secure and any files transmitted may, among other things, be copied, recorded, read or interfered with by a third party while in transit. If we transmit any file electronically, you agree to release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document after transmission, for any delay or non-delivery of any file and for any damage caused to your system or any files by a transmission. Please note that it is not our policy to open links within emails due to the increased number of malicious emails.
Our services are varied and our work is performed both onsite and offsite for our clients. In the instances where we are required to work at your premises, Miss Efficiency will take all due care and consideration to ensure no loss and/or damage occurs. However, we shall not be held responsible for any loss and/or damage incurred whilst at your premises. When working onsite we expect a reasonable working environment which includes a safety regulated chair, office space and non-smoking area.
Employees and/or contractors and/or offshore service providers may be utilised to complete the agreed work. Employees, contractors and offshore service provicers may have access to your data including but not limited to your business information, source documents, employee information, financial information, business processes. The Institute of Certified Bookkeepers and the Tax Practitioners Board Codes of Conduct binds all representatives of Miss Efficiency, which includes employees, contractors and offshore team members, which is inclusive of confidentiality agreements as per the Terms of Engagement in this document. Miss Efficiency employs team members locally in Australia and may engage contractors and/or offshore service providers.
Miss Efficiency has an engagement with TOA Global, an Australian company who provides team members located in the Phillippines, specialising in the accounting and bookkeeping industry. TOA Global team members are an integral part of the Miss Efficiency team. Team members engaged through TOA Global have completed a thorough onboarding and training process and Miss Efficiency has a support team both locally in Australia and in the Phillippines. TOA Global team members are engaged on a full time basis so there is continuity of service. TOA Global team members are trained to do the same work that our local team does, with the exclusion of bank access. The security and confidentiality of your financial and other information is of the utmost importance and rigorous controls are in place to keep your information and processes secure both in Australia and the Philippines.
Miss Efficiency is an independent contractor, not an employee. As such, you are not held to the obligations of an employer such as superannuation, annual leave, payroll tax, etc. However, the following rights are upheld, consistent with an independent contractor status. These include the right to perform services for others during this engagement; the right to control and direct the means, manner and method by which the services are performed; the right to hire assistants and use employees to provide the services required. This engagement does not create a partnership relationship; you, nor we, have the authority to enter into contracts on the other’s behalf.
Any requests to terminate our services must be sent in writing to email@example.com.
This engagement may be terminated at any time by either party. In the case of termination, you agree that payment for all services accrued up to and including the date of termination will be paid immediately upon receipt of our Tax Invoice.
If you are on a weekly/monthly recurring package, one month notice is required.
If you have paid for an annual service, services will terminate at the end of the engagement period. There will be no refunds if you choose to terminate before the end of the service period.
On termination of our agreement, it is the policy of Miss Efficiency to retain client information for a period of one (1) years from the date of termination of our services so it is important that you obtain and retain all financial information as prescribed by the Australian Taxation Office, Fairwork Australia, and other government departments.
Where we subscribe to software on your behalf, the software subscription will be terminated or transferred over to you and it is agreed that you accept the termination terms of the software provider.
We may be engaged to act as your BAS Agent. This means we have the authority to:
All relevant documentation and information required to allow us to prepare and produce financial reports to comply with legislative requirements must be received 21 days prior to due lodgement dates. We will not be liable for any penalties if documentation and information has not been provided within this time frame. As a BAS Agent, we have an additional 28 days to lodge quarterly Activity Statements.
We may be authorised to provide information to your accountant. This means:
We may be engaged to set up and/or maintain bank feeds in your Xero file. This means:
We may be engaged to set up and/or maintain payroll. This means:
We will establish the payroll system based on the information provided by you. We will implement and maintain the payroll system based on this information. You have not engaged Miss Efficiency to interpret and apply the FairWork provisions for your business. Any information we provide in relation to FairWork or Awards is our interpretation only and should be independently verified before implementing. When new employees start, please provide us with a copy of the TFN Declaration, Super Choice form, position, Award, classification, pay rate and any penalties applicable, plus any other information necessary for us to process payroll on your behalf.
Whilst we may process your wages, we are not HR specialists and are not abreast of all Award and workplace relations information and changes. It is important that you are aware of the obligations mandated by the Fair Work Act, and your modern award or industrial agreement. We’d recommend you perform regular workplace audits to ensure minimum legislative obligations are being met. You should be aware that sometimes things change so please ensure you are complying with minimum employment standards. Information can be obtained from your industry association, or Fair Work Australia. Industrial relations is a complex area.
We are a member of Workforce Guardian where we can obtain HR advice for some payroll matters in your business. The turnaround of advice can take a few days so please ensure enough time to obtain advice before it needs to be implemented.
We may be engaged to set up and/or maintain super stream. This means:
We may be engaged to make payments for the business and have access your bank accounts/s. This could be to review transaction history, download bank statements, and/or pay suppliers and/or employees and/or customers. You may have also provided us with authority to lodge superannuation on your behalf where the superannuation fund will take a direct debit from your account after lodgement.
Making payments on your behalf could include, but is not limited to:
Any transactions we do where money is leaving your account, we must be provided with authority. This could be by way of: upon your instructions we upload payment to your bank ready for you to disburse the funds; upon your instructions we upload payment to your bank and you provide us with an SMS authority code to disburse the funds; upon your instructions we upload payment to your bank and you provide us with email confirmation to disburse the funds; we upload payment to your bank and disburse funds on the understanding that all supplier invoices and employee timesheets sent to us are authorised for payment; upon your instructions we upload information to your superannuation fund or clearing house for them to direct debit your account. It is your responsibility to ensure the accuracy of payment information before we make the payment and Miss Efficiency will not be held liable for any errors or omissions made. Where we have been authorised to process and/or pay supplier bills on your behalf it is agreed that we have the authority to contact your suppliers for information including but not limited to their contact information, bank details, invoices, statements, account history, provide remittances.
You warrant that throughout the term of this agreement that: