INFORMATION SHEET – PLEASE READ
Before entering into an agreement with Yorke Advisory, please ensure you have read and understand this Information Sheet and our Standard Terms & Conditions of Engagement (“Terms”), which this Information Sheet forms part of and relates to.
If you do not understand this Information Sheet or the Terms, you should seek independent legal advice.
These documents govern our dealings with you, how we provide services to you, and our obligations to each other.
Key clauses that may affect your interests
Our Terms include provisions that may substantially affect your interests, including:
Confidentiality and Privacy
These clauses allow us to collect, use and disclose personal information you provide to us to third parties where reasonably necessary to perform the services you have engaged us to provide (for example, disclosures to the ATO, ASIC, superannuation funds, financial institutions, software providers, and professional advisers), subject to our legal and professional confidentiality obligations.
Limitation of Liability
These clauses limit (to the extent permitted by law) or exclude our liability for certain claims or losses connected with our services. This may affect your ability to seek refunds or compensation in some circumstances.
Third-Party Software and Suppliers
These clauses exclude our liability for loss you may suffer as a result of your use of, or reliance on, third-party software or systems (for example Xero, MYOB, Class, ATO portals, banks, document signing platforms, practice management systems).
Lien
These clauses allow us to retain documents, records or property we hold on your behalf until amounts owing to us are paid in full (to the extent permitted by law).
Summary of Standard Terms & Conditions of Engagement (Yorke Advisory)
Agreement structure
These Terms apply to and govern the services you have engaged Yorke Advisory to provide, as detailed in our Engagement Letter, proposal, scope of work or other written confirmation (“Engagement Letter”).
Together, the Engagement Letter and these Terms form one legally binding agreement between Yorke Advisory (“we”, “us”, “our”) and the person(s) and/or entity(ies) named in the Engagement Letter (“you”, “your”) (“Agreement”).
If there is any inconsistency between these Terms and the Engagement Letter, the Engagement Letter prevails.
Acceptance
You may accept this Agreement by doing one or more of the following:
or
Validity (severability)
If any provision of this Agreement is held to be invalid in whole or in part, that provision will be severed and the remainder will remain enforceable.
Force majeure
Neither party will be liable for delay or failure to perform obligations where caused by events beyond reasonable control (including pandemic, system failures, natural disasters, or interruptions to essential services). If such events continue for more than 60 days, the parties will consult to determine a practical course of action.
Entire agreement
This Agreement constitutes the entire agreement between the parties and supersedes any prior negotiations, representations or understandings, whether oral or written, relating to the subject matter.
File retention and destruction
After completion of the services, we may retain your records and working papers as required for legal, professional and risk management reasons. Unless otherwise required by law, we may destroy files and records after seven (7) years from completion of the service, consistent with normal professional practice.
If you request a file transfer or return of documents, we may retain copies (including scanned copies) for our records.
Assignment
We may assign or novate this Agreement to a successor to our business (for example, if the practice is sold), on a confidential basis and subject to applicable privacy requirements.
Confidentiality
We will take reasonable steps to maintain the confidentiality of your information.
You authorise us to disclose confidential information where:
You agree to keep confidential any information we provide to you that is confidential in nature (including fee information and advice), unless disclosure is required by law or you have our consent.
Unless you instruct us otherwise in writing, you consent to us disclosing that we act (or have acted) for you in general terms (for example, as part of tendering or marketing), without disclosing confidential details. If you do not want your name used in this way, tell us in writing.
Privacy
Personal information is protected under the Privacy Act 1988 (Cth).
You authorise us to collect, use and disclose personal information for the purposes of providing services to you and meeting our legal and professional obligations. We may also use your details to provide service updates or marketing communications you may reasonably expect. You can opt out at any time.
Our Privacy Policy is available on our website or on request.
Intellectual property and working papers
Unless otherwise agreed, we own the intellectual property in materials we create as part of our services.
You may use materials we provide to you only for the purpose they were created. You must not provide our reports/advice to third parties without our written consent (except to your advisers or as required by law). We accept no responsibility to third parties who rely on our work without our consent.
Working papers created as part of the engagement remain our property.
Overseas disclosure and cloud systems
We may use cloud-based systems and third-party service providers to deliver services efficiently. Some providers may store data outside Australia. We take reasonable steps to ensure appropriate privacy protections are in place.
If you do not wish your data to be stored using particular systems, notify us. This may limit our ability to provide some services.
Anti-Money Laundering (AML/CTF)
If we are required by law to verify identity or collect information under AML/CTF obligations (including where we provide a “designated service”), you agree to provide the required information. If you do not provide this information, we may be unable to provide services.
Your responsibilities and information quality
You are responsible for providing complete, accurate and timely information and maintaining appropriate records.
We generally rely on information you provide unless we are required by law or professional standards to make further enquiries.
If you become aware information provided is incorrect or incomplete, you must tell us promptly.
Electronic communications
We may communicate by email and other electronic means. You acknowledge there are risks with electronic communications (including interception, delay, viruses). You release us from liability for losses arising from these risks except to the extent caused by our negligence or breach of law.
Fees, payment terms and credit policy
Fees will be charged as agreed (fixed fee, time-based, or a combination) and invoiced as per the Engagement Letter or invoice terms.
Late payment may result in:
Credit card payments may incur a surcharge, disclosed at the time of payment.
Dispute resolution
If a dispute arises, the parties will attempt to resolve it in good faith within 30 days. If unresolved, the dispute may be referred to an independent expert determination or mediation (details as set out in the Engagement Letter/Terms).
Termination
You may terminate by providing written notice (usually 30 days unless otherwise agreed).
We may suspend or terminate services if:
You remain liable for fees incurred up to termination.
Lien
To the extent permitted by law, we may retain documents, records or property held on your behalf until outstanding amounts are paid.
Complaints and professional obligations
We aim to resolve concerns quickly and fairly. If you have a complaint, contact Yorke Advisory directly.
As a registered tax practitioner, we comply with the Tax Agent Services Act 2009 and the TPB Code of Professional Conduct. You can find general “Information for Clients” materials and complaint pathways via the Tax Practitioners Board website.
Disclaimer
Informal verbal comments may be provided from time to time; where important, advice should be confirmed in writing. We are not responsible for reliance on informal advice that is taken out of context or not confirmed in writing.
Contact
Contact us via the website contact form or during business hours.
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