Terms and Conditions

Doolan Consortium Pty Ltd trading as “The NOT so Silent Business Partner” ABN 16 100 864 266 provides General Business and Bookkeeping Services.  Additionally, as a Referral Partner, provides access to Finance Products and Solutions.  Doolan Consortium Pty Ltd does not hold an Australian Financial Services Licence (AFSL).

The information provided at www.thenssbp.com.au, through associated material, or otherwise provided on behalf of Doolan Consortium Pty Ltd (“The NOT so Silent Business Partner”) ABN 16 100 864 266 is general information only. It does not constitute financial advice or investment advice, either personal or general. The information provided has been prepared without taking into account your particular objectives, financial situation or needs.

You should, before acting upon any of the information provided by Doolan Consortium Pty Ltd (“The NOT so Silent Business Partner” ) ABN 16 100 864 266, seek independent financial advice that takes into account your own objectives, financial situation or needs.

CONFIDENTIALITY CLAUSE

Any information and all matters connected with and relating to your business and its performance are confidential and we shall undertake to keep this confidential and not to disclose or use for my benefit any information concerning the business and affairs of the business and its clients which may come to me in the course of my employment or otherwise (“Confidential Information”).

This undertaking is subject to the following qualifications.  I may disclose Confidential Information:

1. to other personnel on a “need to know” basis (for technical advice and Quality Control Reviews) where such persons are bound by the same obligations of confidentiality as I am.

2. to employees or subcontractors (local and/or offshore) that may need to be utilised to help complete the agreed work as required where such persons are bound by the same obligations of confidentiality as I am.

3. Cloud solution providers such as offsite data storage systems (including ‘cloud storage’) and cloud accounting and data transfer applications (if applicable to your business)

4. which comes to my attention out of the public domain otherwise than as a result of any breach of this undertaking or a similar undertaking by another person.

5. where I am required to do so by law or the rules of procedure of any court or tribunal of competent jurisdiction.

This undertaking extends to the making of copies or reproductions of any concepts, proposals, submissions, or materials belonging to the Company.  Such copies and information shall at all times remain the exclusive property of the Company and I acknowledge that I may only use such copies and information for the purposes of the company and its business and affairs.

PAYROLL MATTERS

“The Provider” is engaged to establish the payroll systems based on the payroll information provided to us. We will implement and maintain the payroll based on this information. It is agreed that “The Provider” is not engaged to interpret and apply the FairWork provisions to this business.
OR
“The Provider” is engaged to assist the business with all aspects of managing and administering the payments to all employees. We will ensure payments are in accordance with FairWork requirements and will advise the business owners of any concerns or changes that may impact the business (by liaising with FairWork for interpretation). If the business is in breach of FairWork provisions, we will immediately notify you and discuss this. We note that we will not continue our engagement with you if the business continues to be in breach of the law after receiving our information and advice.

COMMUNICATION

You must keep us informed of your current business details including address, phone and email address. We are engaged and authorised to work with your business by the people named above and any changes to your personnel and their respective authorisations that change the performance of our work for you should be advised to us.

LODGEMENT OF INFORMATION WITH ATO

A requirement of law is that you will be provided with an authorisation for all lodgements required by the ATO including BAS lodgement, Payment Summaries and TPAR reports (if applicable). Lodgement of all forms will follow our receipt of that authorisation. Email authorisation is acceptable. Failure to lodge on time can incur a fine and this will be your responsibility to pay if the authorisation has not been received by us.

REVIEW OF DOCUMENTATION

The responsibility for reviewing final reports and/or work rests with you, the client.
You will not be charged to correct errors which are clearly our fault, but revisions performed at your request may require discussion on any time incurred.

RESPONSIBILITY FOR BOOKKEEPING RECORDS

Responsibility for the maintenance of business records rests with you, (client/business owner); this includes security of those records and prevention against 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.

We have discussed and agreed on the requirement for business records, including primary source documents, to be retained by you. We have discussed your expectations as to our involvement in the verification that such records are accurate, correct and being maintained. It is also important to state that as a BAS Agent/Bookkeeper, if we are advised in writing by yourself that you have copies of the invoices and the GST is applicable, we will process on the basis that you have the correct records.

While we will perform local backups of bookkeeping work for our own records, you should ensure all your business electronic data is backed up securely.

OWNERSHIP OF THE ACCOUNTING SOFTWARE FILE

If our license for Accounting Software is used for your business, a licence removal fee may be charged at completion/termination of our bookkeeping services.

If you wish to takeover or transfer the licence for software from us, all outstanding fees to us must be paid. We note that the ownership of the data in the software 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 our licence to that software noting that it is your responsibility to ensure you have retained the necessary business records that you are required to maintain.

DESTRUCTION OF DOCUMENTS AND FILES

Upon our request either during our engagement or following its termination, you must collect your property without delay which will be released to you once our accounts are paid. Should any of your property remain in our possession following our request to collect it, we will hold the property for three months before destroying it in accordance with the Australian Consumer Law and Fair Trading Act 2012.

UTILISATION OF OTHER WORKERS

Employees or contractors may be utilised to help complete the agreed work as required. The NOT so Silent Business Partners Operation Manual binds all representatives of “The Provider”, which is inclusive of confidentiality agreements as per the Terms of Engagement in this document.

STANDARDS

We aim to provide the highest standard of professional service and are focused on the concerns of your business 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 Australian Bookkeepers Network (ABN), I am subject to the ethical requirements of the ABN and its investigations and disciplinary processes. These requirements cover issues such as Code of Conduct and ethics, adherence to bookkeeping standards, requirements to undertake continued professional education. Should there be an issue regarding the ethical or business practices of myself or my company, you may refer such matters to ABN.

WORKING STANDARDS

When working onsite we expect a reasonable working environment which includes a safety regulated chair, office space and non-smoking area.

CANCELLATION FEE

We reserve the right to charge a fee if our appointment is cancelled on the day.  

INDEMNITY

You agree to indemnify us for any loss that may result from third party claims arising from the provisions of the services. If there is a claim against us for loss, the loss will be proportionately reduced by the extent of your contribution to the loss.

PHONE SUPPORT

A charge will apply when extended phone support is given which is not part of a quoted Telephone Support Package taken.

RIGHT OF LIEN

We have a right of lien on records and business data, that is, we reserve the right to hold records and data against any outstanding debts. Note this will only apply to records and data that has been worked on but for which payment is outstanding.

“Client/Business Owner” Responsibilities

You will provide access to the relevant business records (including paperwork relating to the transactions for the period) as discussed, on time and in a properly arranged manner (if they not received this way, extra charges may be applicable). 

This may include but is not limited to:

• Ongoing access to the Business Software

• Bank statements

• Credit card statements

• Cheque books

• Receipts/invoices

• Bank deposit book or relevant bank transfer information

• Answers to queries as required

When we (Doolan Consortium Pty Ltd) create Invoices for the business owners it is your responsibility to.

• Review all information prior to sending to your Customers.

• As the Business Owner it is a requirement that you agree all information is 100% correct prior to sending to your customers for payment.

When we (Doolan Consortium Pty Ltd) create Payment Batches for the business owners it is your responsibility to.

• Review all information prior to approving the Bills for Payment within the Banking Gateway.

• As the Business Owner it is a requirement that you agree all of the payments are 100% correct prior to approve the payments within the Banking Gateway

Unless otherwise discussed and agreed it is your responsibility as the business owners for the maintenance and accuracy of business records and availability of records either for our processing or for verification and provision to authorities if required.

• We may request source documents for some items and process transactions based on the information provided by you, which does not necessarily include all source documents.

• It is a requirement that you must hold copies of all relevant documentation in compliance with the ATO standards.

• It is a requirement by the ATO that ABNs of suppliers be checked at least once a year to ensure that they are valid.

• All relevant documentation and information required to allow us to prepare and produce financial reporting to comply with legislative requirements must be received by agreed dates. We will not be liable for any penalties if documentation and information has not been provided as agreed.

• A separate specific authority form must be provided to us for each lodgement of documentation with the ATO; we will provide this form to you before each lodgement.

• You authorise me to contact your tax agent via email and phone as required 

“Billing Information”

• A package agreement can only be determined after 3 months of work has been performed to ensure accuracy of quote. 

• Fees will be reviewed and increased annually with reference to increases in the CPI.

• An invoice will be sent upon completion of work per calendar month/week/per visit.

• A minimum charge out time of 2 hours per visit for an ONSITE visit.

• Terms of payment is 7 Days unless a specific agreement is made in writing that is different to 7 Days.

• If payment is not made without prior arrangement by the due date we may charge a 2% compound interest charge on balance of bill.

• We reserve the right to stop work if you fail to make payment when and as it falls due and suspend any software subscriptions paid by us.

• Any debts beyond 30 days (unless a prior payment arrangement has been entered into) will be referred to a debt collection agency and any costs associated in recovering such debts will be passed onto you.

• We reserve the right to review fees for services rendered on a regular basis; any change in price will be notified in writing.

“Privacy Policy”

 Doolan Consortium Pty Ltd 

1. We respect your privacy 

(a) Doolan Consortium Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information. 

(b) "Personal information" is information we hold which is identifiable as being about you. 

2. Collection of personal information 

(a) Doolan Consortium Pty Ltd will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms. 

(b) You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support. 

(c) Additionally, we may also collect any other information you provide while interacting with us. 

3. How we collect your personal information 

(a) Doolan Consortium Pty Ltd collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy. 

4. Use of your personal information 

(a) Doolan Consortium Pty Ltd may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs. 

(b) Doolan Consortium Pty Ltd may contact you by a variety of measures including, but not limited to telephone, email, sms or mail. 

5. Disclosure of your personal information 

(a) We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services. 

(b) We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. 

(c) We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Doolan Consortium Pty Ltd, www.thenssbp.com.au, its customers or third parties. 

(d) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances. 

(e) By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information. 

6. Security of your personal information 

(a) Doolan Consortium Pty Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure. 

(b) The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy. 

7. Access to your personal information 

(a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at don.doolan@thenssbp.com.au. 

(b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act. 

8. Complaints about privacy 

(a) If you have any complaints about our privacy practises, please feel free to send in details of your complaints to PO Box 124, Berowra Heights, New South Wales, 2082. We take complaints very seriously and will respond shortly after receiving written notice of your complaint. 

9. Changes to Privacy Policy 

(a) Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy. 

10. Website 

(a) When you visit our website When you come to our website (www.thenssbp.com.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service. 

(b) Cookies We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit. 

(c) Third party sites Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Doolan Consortium Pty Ltd is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information. 

Approved by Signature 

Full Name: Donald Macdonald Doolan

01 July 2024