The legal stuff

​

These Terms of Service (“The Agreement”) form a legally binding contract between you and EasyBooks & Tax Limited (EBTAX) so please review this Agreement carefully. EBTAX may amend these Terms and/or the scope or content of the Services may also be changed by EBTAX periodically. The amended terms will be published on the Website and be effective from the date of publication. Use of the site, apps or the services after such amendment indicates an acceptance of the amended Terms. You can review the current version of the terms and conditions directly on the website. It is important therefore to periodically inspect these Terms for changes, amendments, and modifications.

 

Our agreement with you begins from the day that you sign the Terms of Engagement & Authority to Act and to link you as a client with EBTAX  we must hold written or electronic authority from you. This will give our tax agency legal permission to deal with Inland Revenue on your behalf, will allow us to access your information on a tax type or activity that we are linked for and give us authority to file your tax returns with the Inland Revenue Department.

​

It is further agreed and understood that:

1. You will provide us with accurate and complete information necessary to compile financial statements, tax returns and submissions and you will accept any responsibility for any failure to supply us with all relevant and correct records and information. The responsibility for the accuracy and completeness of the financial statements will remain with you. We also do not accept any responsibility for the maintenance of your accounting records, internal control structures, errors, illegal actions, or other irregularities.

2. Additional professional services, including but not limited to advisory support, periodic financial and performance reporting, valuation, tax planning, and business consulting, will also be encompassed under the terms of this agreed engagement.

3. You will be required to review and approve the financial statements, tax returns and submissions and you will need to understand the importance of signing these returns and other statutory compliance documents as being true and correct.

4. You supply your information necessary to complete the engagement on a timely basis in order that the engagement can be completed and filed to remain compliant with Inland Revenue requirements.

5. You understand that the intended use and distribution of the financial information we compile is for you only and we will not accept any responsibility to any third party.

6. The financial information prepared by us will carry the accountants’ disclaimer of liability.

7. You are responsible for the adequacy of your own ACC and business insurances.

8. Should you have provisional and/or terminal tax obligations this will be detailed in your annual tax summary. If you have not subsequently been reminded of such payments within 21 days of the tax payment due date it will be your responsibility to contact our office or Inland Revenue to ascertain your tax payable to meet these obligations.

9. You hereby authorise EBTAX to file Inland Revenue submissions and tax returns on your behalf.

10.  If you subscribe to an EBTAX Monthly Subscription Plan part-way through a tax year, we will issue a top-up invoice to ensure you've paid the equivalent of at least eleven months of service for that tax year. We reserve the right to issue this top-up invoice at any time and will notify you when it has been created. The amount will be based on the Subscription Plan you hold at the end of the tax year and this top up invoice will be due within 30 days of issue. It is also accepted that we have the discretionary right to charge interest on overdue accounts at the compounding rate of 1.5% per month and you agree that any collection costs will be fully recoverable by EBTAX. We are entitled to retain possession of your records and any accounting software subscriptions (eg Xero/ Myob) that have been used in relation to this engagement until outstanding fees are settled. Unless otherwise stated, EBTAX monthly subscriptions will renew automatically until you cancel them by written notice. The subscription will be automatically renewed through our third party payment service provider at the beginning of each billing period (billed in advance) and is not refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. 

11. Scope of Work and Subscription Adjustments – EBATAX Monthly Subscription Plans are based on an agreed scope of work, including estimated time allocations such as bookkeeping hours. If, during the course of service delivery, it becomes apparent that the actual time and effort required to fulfil your needs consistently exceeds the original scope (e.g., requiring more hours than initially agreed), EBTAX reserves the right to review and adjust your subscription plan accordingly. Any proposed changes to your monthly subscription fee will be communicated with a minimum of 30 days' notice. This ensures that the subscription remains aligned with the level of service being provided.

12. Additional services for business advisory through EBAT will be invoiced separately after the service has taken place and this will be on a 7-day invoice term. If payment is not received within 7-days then it is agreed that EBAT can charge compounding interest on overdue accounts at the rate of 1.5% per month and you agree that any collection costs will be fully recoverable by EBTAX. 

13. Cancellation with notice: You can cancel your account with us at any time by terminating your subscription with notice to us. Please note that any Fees paid are non-refundable if you cancel. We can also cancel your subscription by giving you written notice, but if we do that before the end of your subscription period, we will make sure that you get the benefit of any paid Services that you have not yet received (or provide a pro rata refund of the unused portion of any subscription Fees).

14. Cancellation without notice: We may cancel your subscription to the services immediately at any time by giving you notice, or suspend or restrict your use of all or any part of the Services if It is reasonably necessary to do so for operational, security or technical reasons, we believe on reasonable grounds that you or any other person using your account (with or without your knowledge) are using the Services in breach of these Terms or applicable laws, or you fail to pay the applicable fees by the due date.

15. EBTAX’s total aggregate liability arising under or in connection with this Agreement - whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total fees paid by the client for services delivered in accordance with the terms of this Agreement. Except for the Client’s obligation to pay the Fees, neither party shall be liable to the other for any loss of profit, revenue, data, business opportunities, goodwill, or any indirect, consequential, or incidental loss or damage arising out of or in connection with this Agreement.

16. We are required to comply with all laws and regulations under The Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT). You acknowledge that before we can act we are required to perform client due diligence and during our course of engagement will be required to report any unusual or suspicious transactions where required by AML/CFT or any other appropriate laws. We have an obligation to report to those responsible for governance of the undersigned entity/entities any material errors, illegal acts, or material irregularities identified during the engagement.

17. Information we obtain during this engagement is subject to our obligations under the Privacy Act 2020. A copy of our Privacy Statement can be found on our website www.easybooksandtax.co.nz.

18.  As agreed, EBTAX will compile financial information and tax returns from information provided by you, in accordance with the Tax Administration (Financial Statements) Order 2014. EBTAX will provide a compilation report to be attached to the financial information and our compilation will not include verification or validation procedures. No audit or review engagement will be performed and accordingly no assurance will be expressed.

 

If you have any questions or require any further clarity regarding this agreement, please reach out to us at hello@ebtax.co.nz