Terms and Conditions
The following terms are the standard terms and conditions that apply to Tax Depreciation Schedules or consultancy assignments and Services for which Mintax Pty Ltd (ACN 616 483 740) are engaged (the Services). These terms form part of the appointment of Mintax by any entity or person who engages Mintax to perform the Services (the Client) to provide the Services unless other specific terms and conditions are agreed in writing between Mintax and the Client.
Please read these terms and conditions carefully. It is a condition of the provision of the Services that that the Property Owner comply with these terms and conditions.
1.0 Definitions and Interpretation
1.1 In this document, unless the context indicates a contrary intention:
“Agreement” means these Terms and Conditions, includes the Quotation, the schedule of Fees and the schedule of Services.
“Mintax” means Mintax Pty Ltd (ACN 616 483 740).
“Client” means the entity which appoints Mintax to perform the Services in accordance with this Agreement.
“Client Information” means any information reasonably requested from the Client by Mintax necessary to provide the Services including (as may be applicable) the purchase price of the Property, constructions costs, stamp duty and legal costs, contract date, settlement date, construction completion date and any major renovations;
“Client’s Property” means the property, site or part thereof a site other than the premises from which Mintax carries on its business on which the Services will be based on.
“Fees” the fee payable by the Client as set out in the Instruction Form for the provision of the Services.
“Instruction Form” means the instruction form sent to you for completion in order to engage Mintax services.
“Intellectual Property” means the business names, trademarks (owned or used at any time by Mintax), domain names, logos, registered and unregistered design rights, copyrights, the confidential information owned or used at any time by Mintax, any software owned or licensed by Mintax used in providing the Services, anything produced by Mintax in providing the Services including report data.
“Services” means the tax depreciation services and any other services provided by Mintax to the Property Owner set out in any Order Form or Schedule
“Quotation” means Mintax’s written proposal to provide the Services to the Client in accordance with this Agreement.
“Parties” or “Party” means the entities entering the Agreement.
2.0 Appointment
2.1 These Terms and Conditions are binding on the Client upon Mintax receiving instructions to proceed. By instructing Mintax to provide the Services, the Client irrevocably agrees to and acknowledges these Terms and Conditions.
3.0 Services
3.1 Mintax agrees to provide the Services to the Client on these Terms and Conditions.
3.2 Reports prepared by Mintax are done so in accordance with the provisions of the Income Tax Assessment Act 1997 (Cth), as amended from time to time and will be subject to disclaimers and qualifications where those are referred to in the report.
3.3 Mintax:
a) will endeavour to exercise all reasonable skill and care in providing the Services,
b) will inform the Client if it becomes apparent that the scope of the engagement for the Services needs to be varied. Mintax will confirm with the Client any agreement reached resulting in a variation of the scope of engagement.
c) has the necessary skills, experience, expertise and will perform all Services described under this Agreement using appropriately qualified personnel.
3.4 The Client:
a) acknowledges that Mintax does not in the provision of the Services provide any form of legal or tax advice. The Client is responsible for obtaining their own advice.
b) agrees to act reasonably and cooperate with Mintax in connection with the provision of the Services including allowing Mintax reasonable access to the subject property to conduct a physical inspection (as required),
c) agrees to promptly provide Mintax with the required information to enable Mintax to perform the Services,
d) acknowledges that failure to promptly provide the Client Information may restrict Mintax’s ability to provide the Services or may delay the provision of the Services to the Client and as such Mintax will not be liable for any delays in providing the Services,
e) acknowledges that Mintax, to perform the Service, will act in reliance on the supplied Client’s Information.
4.0 Additional Services
4.1 The Client may issue further directions and request variations to the Services of Mintax. This shall be in writing and will be kept on file by Mintax. Mintax may amend the Fee accordingly to reflect the change in Service.
4.2 Mintax may provide any Additional Services:
a) as agreed between the Parties in writing,
b) at Mintax’s Fees quoted for the provision of such additional services,
c) on the same terms and conditions as set out in this Agreement.
5.0 Period of Quote
5.1 Any quote provided by Mintax is valid for a period of 30 days from the date of issue unless otherwise specified in the quote. Mintax reserves the right to amend the quotation after this period and/or reject an offer to purchase the Services at the previously quoted price if outside of this time frame.
5.2 Quotes for additional services provided by Mintax, as per clause 4.0, shall be valid for 30 days. Mintax reserves the right to amend the quotation after this period and/or reject an offer to purchase the Services at the previously quoted price if outside of this time frame.
6.0 Information Provided by the Client
6.1 The Client:
a) must provide Mintax with all information and/or documents necessary or reasonably required to allow Mintax to perform the Service,
b) acknowledges and accepts that Mintax is entitled to rely on the information provided for accuracy, sufficiency and consistency of any and all information supplied by the Client.
6.2 Mintax accepts no liability for any inaccuracies contained within the information provided by the Client, whether prepared by the Client or a third party and whether or not supplied directly by a third party to Mintax.
6.3 Mintax reserves the right to retain a copy of the Client’s information for the purpose of compliance with any professional, legal or regulatory requirements or obligations including those of the Australian Tax Office (Mintax will always treat such information as confidential).
7.0 Information Provided by Mintax
7.1 All information and advice made available by Mintax to the Client is for the sole use of the Client for the sole purpose for which it was prepared.
7.2 Intellectual Property in all material of whatever nature prepared by Mintax and provided to the Client or otherwise generated in the course of executing the Services shall remain the valuable property of Mintax.
7.3 No part of any report, document or publication prepared by or provided by Mintax shall be reproduced, modified, transmitted or disclosed in any form or by any means without prior written approval or permission of Mintax.
8.0 Third Party Liability
8.1 The Client acknowledges that Mintax does not assume any responsibility to any third party, in respect to Mintax’s own sub-contractors, for the performance, work or products of third parties whilst performing the Services.
9.0 Limitation of Liability
9.1 Mintax’s total liability for any claim for loss, damage or expense incurred or suffered by the Client, whether;
a) arising under or in connection with or incidental to the Services, including the performance or non-performance of Mintax’s obligations under these Terms and Conditions or anything incidental to it,
b) by way of indemnity, by statute, in tort (for negligence or otherwise) or on any other basis in law or in equity,
will be limited to the total fees paid by the Client for the Services provided by Mintax to the Client under these Terms and Conditions preceding the date on which the loss, damage or expense arose. To the extent that any warranties are implied by law, Mintax’s liability for a breach of the implied warranty will be limited to either;
c) supplying the Services again, or
d) paying costs of having the Services supplied again.
9.2 Despite any other provision in these Terms and Conditions, Mintax will not be liable for any consequential or indirect loss such as loss of profits or revenue, loss of business opportunity or loss of goodwill, suffered by the Client whether;
a) arising under or in connection with or incidental to these Terms and Conditions, including the performance or non-performance of its obligations under these Terms and Conditions or anything incidental to it,
b) whether by way of indemnity, by statute (to the extent that it is possible to limit such liability), in tort (for negligence or otherwise), or on any other basis in law or in equity.
9.3 The Client indemnifies and shall hold Mintax harmless from any and all loss, claims, demands, liabilities, damages or expense directly or indirectly arising from or in connection with any breach of these Terms and Conditions by the Client or any unlawful, negligent or wilfully wrong act or omission by the Client or the Client’s personnel.
9.4 To the extent that any warranties are implied by law, Mintax’s liability for a breach of the implied warranty will be limited to either supplying the Services again or paying costs of having the Services supplied again.
10.0 Fees
10.1 Unless otherwise provided under this Agreement, the Client must pay Mintax the Fees for the Services.
10.2 Unless otherwise agreed to between the parties, if there is a change to the scope of work at the request of the Client for which requires Mintax to execute additional work, the Client must pay Mintax the predetermined Fee for the additional Service.
10.3 Where for any reason only part of the agreed Services is provided by Mintax for which it is engaged, Mintax is entitled to charge Fees proportionate to the agreed Fees, based on an assessment of the percentage of completion of the Services.
10.4 Fees for the Services shall be calculated, charged and made as agreed in writing between the Parties. The Client will pay reasonable expenses and reimburse the disbursements incurred on its behalf by Mintax as agreed in writing. All references to fees, expenses and disbursements are exclusive of any applicable government taxes unless indicated otherwise. Any such taxes chargeable on Mintax’s fees expenses and disbursements will be paid by the Client.
10.5 In the event of termination of this Agreement prior to the completion of works (except under Clause 12.3), the Client must pay Mintax for all of the Services executed under this Agreement to the date of termination. There is no fee before the inspection, however, after the inspection the minimum charge for cancellation is $220 + GST which is subject to any travel allowance.
11.0 Payment of Fees
11.1 Unless otherwise provided under this Agreement, the Client must pay Mintax the Fees for the Services as indicated on the Instruction Form prior to the release of the report unless otherwise agreed to between Mintax and the Client in writing.
11.2 Mintax accepts payment by electronic funds transfer (EFT) or credit card (Visa or MasterCard).
11.3 Mintax may request, in writing, partial payment of the fee before the Services commence or are provided.
11.4 When payment details are submitted by a Client for Services, the Client irrevocably authorises Mintax to charge the Service fees. In the event a payment is not honoured for any reason, Mintax may charge the Client its reasonable costs in collecting payment for the Services and withhold the advice or report until the fees are paid. If payment is not made for a period of time, Mintax may charge an increased fee or amend the quotation.
11.5 In the event that invoices are not settled on the terms agreed prior to acceptance of the engagement of Mintax, Mintax will be entitled to charge interest on the Fees from the date of invoice and also reserves the right to withdraw responsibility for work performed.
12.0 Termination
12.1 Without prejudice to any other rights or remedies it may have against the Client, Mintax may terminate this Agreement immediately by written notice to the Client if:
a) the Client fails to provide proper instruction to Mintax,
b) the Client is in breach of this Agreement and the Client has not commenced action to remedy the breach within 10 days after notice specifying the breach and requiring it to be remedied; or
c) the Client becomes insolvent or is otherwise unable to pay its debts as and when they fall due.
12.2 On termination of the Agreement, Mintax will be entitled to, and must be paid, Fees for all Services provided to that time in accordance with the above Clause 11.0.
12.3 In the event that Mintax is in substantial breach of this Agreement and Mintax has not commenced action to remedy the breach within 10 days from receipt of written notice from the Client specifying the breach and requiring it to be remedied, the Client may terminate this Agreement by written notice to Mintax.
13.0 Exclusion on Use
13.1 The Services provided by Mintax are for the Client for the specific purpose outlined in writing at the point of engagement. Only the Client, or any other party to whom the advice or report is specifically addressed, may rely upon the advice or report. Should any other party seek a copy of the advice or report, the consent of Mintax must first be obtained in writing. Mintax may withhold such consent at its sole discretion.
13.2 The Client indemnifies Mintax for any direct or indirect loss suffered as a result of a third party gaining access to Mintax’s advice and/or report without Mintax’s written consent.
14.0 Confidentiality and Privacy
14.1 The Parties acknowledge that in performing their obligations and responsibilities under these Terms and Conditions, each will have access to confidential information of the other. Each Party agrees:
a) only to use confidential information of the other Party for the purposes relating to the Services;
b) to receive and maintain all confidential information of the other Party in confidence;
c) not to use, directly or indirectly, nor disclose to any other third party any confidential information of the other Party without the prior written consent of that Party, except where:
i. the Party has independently created or received the information,
ii. the information is public knowledge (but not being made so because of a breach of these Terms and Conditions),
iii. disclosure is in relation to the provision of the Services or the betterment of the Service offering by Mintax; or
iv. disclosure is required by law or a regulatory body.
14.2 By providing your personal information to us, you agree to Mintax collecting, using and disclosing your personal information as set out in our Privacy Policy. A copy of our Privacy Policy can also be obtained by calling us on 1300 826 296 or on our website www.mintax.com.au/privacy-policy.
15.0 General
15.1 The schedules and assessments included in our Capital Allowance Report are prepared for the sole purpose of claims under the Income Tax Assessment Act 1997 (Cth) and are for the use of the current owners of the property, or their taxation agent in dealings with tax claims only.
15.2 If a Client has any problem as a consequence of the Depreciation Report where you believe it to be incorrect, inaccurate or for some other reason the Client must contact Mintax immediately.
15.3 The law governing this Agreement will be the law of the State or Territory in which the Services are performed by Mintax and the parties submit to the non-exclusive jurisdiction of the courts in that State or Territory.
15.4 These Terms and Conditions, along with any terms stipulated on the quotation and instruction documents as well as the report and advice, constitute the sole and entire agreement between the parties with regard to this subject matter and a warranty, representation, guarantee or other term or condition of any nature not contained or recorded in these Terms and Conditions is of no force or effect. The conditions contained within these Terms and Conditions supersede all other subsequent documents in priority.
15.5 Clauses 2, 6, 7, 9, and 14 survive expiry or termination of these Terms and Conditions.