By using the information, services and products available through the services of Accountant & Management Inc. doing business as Contador Miami (CM) you are agreeing to the terms and conditions contained herein, which are subject to change without notice. CM is an accounting service provided for a specified fee (”Service”). As part of our service, CM will provide you (”the Client”) accounting services and possibly other services that CM may decide to offer, subject to the terms hereof. CM may modify this Agreement at any time. You agree and continue to agree to use the Service of CM in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out below.
By using the Service, you agree to be legally bound and to abide by the Terms of Service, regardless of other documentation being signed by you. If you do not comply with the Terms of Service, CM may terminate your right to access the service. CM may discontinue or alter any aspect of the Service at CM’s sole discretion and without prior notice or liability.
This Agreement shall be construed and controlled by the laws of Florida. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of Florida.
CM may amend or modify these Terms and Conditions or impose new conditions at any time upon notice from CM to the Client as published through the Service. Any use of the Service by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.
Fees, Charges, Commissions and Payment Terms
The fee for the services covered by this engagement is subject to change, and our payment terms are COD for new clients; payment terms for established clients are seven days, upon approval by management of CM. If you fail to pay a CM invoice in accordance our payment terms we reserve the right to cease your work immediately and without penalty. We also reserve the right to invoice for any outstanding work in progress and hold all working papers and source documentation until payment of the account is received in full. We reserve the right to charge interest on all overdue accounts. Interest on overdue accounts is charged at 2% per month, accruing daily until paid. You agree to pay to us or an external supplier of ours all fees and charges associated with the collection of an outstanding and/or an overdue debt.
All professional fees for the services provided to you will be based on the time and degree of skill and acumen required to complete the tasks required, including out of pocket expenses and statutory charges, unless otherwise agreed between the parties.
For work undertaken for periods of less than an hour, the rate shall be charged in 15 minute blocks, or part thereof. All professional fees are GST exclusive.
Any estimate of the cost of service is only an estimate and the actual cost may vary. It is not always possible to provide an accurate estimate of the total cost, as the total cost may change due to unforeseeable problems and delays, the cooperation or otherwise of third persons and deficiencies in documentation. If the costs are likely to be significantly higher than originally estimated, we will provide you with an additional letter of engagement informing you of this and setting out the reasons for the likely increase.
We disclose to our clients any commissions or other fees received as a result of work done for that client and will fully comply with any statutory requirements in relation to the disclosure of such information.
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.
Internal and Accounting Controls
We advise that the responsibility for the maintenance of a business accounting system and internal control systems rests with you (the client), including the protection of and prevention against fraud. You will be responsible for the maintenance and keeping of books of account. If any material weakness in the accounting system or internal control systems comes to our notice, we will advise accordingly.
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 your transaction. We will not take responsibility for any failure on your behalf to maintain adequate records.
The extent of the record keeping function performed by you will vary depending on the assignment 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.
Ownership of Work
The final financial statements, BAS and any other documents which we are specifically engaged to prepare, together with any other original documents given to us, shall remain your property. Any other documents brought into existence by us including general journals, working papers, the general ledger and draft financial statements, will remain our property at all times. However, we will always provide you with copies of any documents that you may require from time to time.
If our services are terminated, we shall be entitled to retain your source documents and any other information we have in our possession until payment in full of all outstanding fees. It is agreed that all materials furnished to CM 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 CM from any claim or action which may arise from the use of such materials.
Lien over Documents
We may invoke a Lien over certain documents held until such time as an outstanding fee has been paid or other satisfactory arrangements are reached. A Lien is a right to hold certain documents or property until the debt incurred in respect of that property/document has been satisfied. The Lien however may not be held over property that belongs to another, including if held jointly, and does not cover statutory documents (eg a BAS or refund cheque)
As a Member of the National Institute of Accountants (NIA) I am subject to periodic quality assurance reviews. Unless otherwise advised by yourself, by engaging our firm, you are consenting to your files possibly being part of such a quality review.
We aim to provide the highest standard of professional service and are focused on the concerns of our clients. If for any reason you feel you have not received the level of service expected or have an issue to raise, please contact myself to discuss how the problem may be resolved.
Furthermore, as a Member of the NIA in public practice, I am subject to the ethical requirements of the NIA and its Investigations and Disciplinary processes. These requirements cover issues such as a Code of Conduct and Ethics, adherence to Accounting and Auditing Standards, requirements to undertake Continued Professional Education and to hold trust money in a Trust Account. Should there be an issue regarding the ethical or business practices of myself or my firm, such matters may be referred to the NIA Investigator. However, as the accounting profession does not have regulated fees, the NIA will not investigate purely fee-based disputes but may recommend the parties seek mediation to resolve such disputes.
As a matter of professional courtesy, and in line with the requirements of the NIA, we will need to inform your previous accounting services provider that we have been engaged by you as your new provider and to receive from them any outstanding matters and files. You may refuse to provide this information but in doing it may cause problems in the efficient transfer of your files.
Disclosure by CM
CM 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 protect such information and treat it as strictly confidential both during the engagement period, and after termination of the engagement. Information that is freely available in the public domain will not be considered confidential.
On termination of our agreement, it is the policy of CM to retain client files for a period of seven (7) years from the date of the last communication. Unless otherwise instructed by you, we shall have the right to destroy your file at that time. CM will not be held responsible for loss due to error or damage at any time.
We are able to send and receive files (in most formats) electronically. However, electronic mail is not 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.
Our services are vast and our work may be performed onsite or offsite. In the instances where we are required to work at your premises, CM 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.
The scope of the engagement includes the preparation of financial reports including special purpose financial reports. The compilation of these reports will be done in accordance with APES – Compilation of Financial Information. Compilation does not include and audit or review and the financial reports should be considered accordingly.
The process cannot be relied upon to locate errors or irregularities including fraud or other illegal practices which may exist in the data provided by you, the client.
The task will be limited to procedures involving the collection, classification and summarisation of financial information and does not include verification or validation of any data.
The service may include maintenance of the chart of accounts for the ledgers of your business. Reports provided are not for one off presentations to third parties such as financiers or potential purchasers. Further adjustments to the accounts may be required by us or your taxation advisor prior to such disclosure. You should confirm suitability of such reports with us prior to any disclosure.
CM strives to provide error-free work. Typographical errors or mistakes which are clearly our fault will be corrected at no charge; client revisions will be charged at our agreed rate; final proofreading is the responsibility of you. CM shall not be held responsible for any loss due to errors on our part, missed by you.
CM claims no responsibility for the accuracy, content, or availability of information provided through use of its service. CM encourages its Clients to determine and abide by the recommendations of their accountant and/or other statutory organizations.
Whilst CM 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, accounting, tax or consulting advice.
Appointment as a Contractor
CM 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: CM has the right to perform services for others during this engagement; CM has the sole right to control and direct the means, manner and method by which the services are performed;
3. CM has 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.
CM is committed to the National Privacy Principles. Information collected by CM includes contact information for the purpose of answering queries, making promotional offers to you, address information and financial information for the purposes of billing customers for services.
In accordance with the National Privacy Principles our client’s private information will be made available to them upon request. CM does not provide client’s private information to third parties without their consent unless required by law; We believe it necessary to provide you with a service which you have requested; To protect the rights or property of CM, or any member of the public; To reduce a threat to a person’s health or safety.
In order to deliver a service you have requested we may sometimes share your personal information with an affiliate or with a service partner.
In its capacity of Accounting Services provider, CM may hold confidential and sensitive information about its clients.
CM will endeavor to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. Your information is stored in secure environments. In addition, our employees and the contractors who provide services for us are obliged to respect the confidentiality of any personal information held by CM. However, CM will not be held responsible for events arising from unauthorized access to your personal information.
The information contained in this website was prepared for general information purposes only. All images, photographs and graphics are indicatives only. Users of this website and prospective customers should not rely on any of the information herein contained as forming part of an offer, contract or undertaking.
All information contained in this website was considered to be correct at the time of publication.