Terms and Conditions

Monthly Contract

1. The client is to provide coded bank statements after the last day of each month or the client is to complete manual or online coding reports and return these no later than the 15th of each month.
2. The client is to provide details of non bank account transactions i.e. cash and / or credit card by the 15th of each month.
3. The client is to provide details of cash expenses from the till separately and by the 15th of each month.
4. In the event that details are not provided by the 15th of the month XAL will not be held responsible for the delay in the filing of any returns or the provision of the monthly report. The client will also be personally responsible for any late filing penalties imposed by the IRD.
5. Fees for the monthly service may be reviewed annually or at any time deemed necessary by XAL, where the volume or time taken to process accounts is greater than originally anticipated.
6. In respect to Xero the client agrees to abide to the terms and conditions of Xero Limited as published on www.xero.com/terms

General Contract

1. The client agrees to provide all information necessary for the proper completion of accounts.
2. Where GST registered the client agrees to advise XAL of any transactions that do not include GST or where the GST rate is different from the standard GST rate.
3. The client agrees to pay for any additional work that may result from additional information received after work has commenced and also agrees to pay for any additional work that arises when the information supplied requires manual input or reworking to a standard from which work can commence.
4. Costs are based on XAL filing returns and completing financial statements by the 31st of March in the year following the tax year being completed. XAL reserves the right to charge additional fees when the client requests earlier completion of tax returns and or financial statements.
5. The client agrees that XAL, its agents or its employees, are not responsible for any penalties and/or interest arising from matters beyond its control, including the late or non provision of necessary information, written or verbal.
6. The client agrees that the price given is an estimate, not a quote; XAL reserves the right to review the estimate should the actual work necessary be markedly different from what was expected.
7. Annual or one off fees quoted may be reviewed from time to time and adjusted in accordance with annual adjustments.
8. Payment is required before the filing of any returns. XAL may at its discretion file returns prior to payment being received.
9. This contract shall remain in force until cancelled in writing by either party. The client agrees to pay the fees for any work commenced before the cancellation of the contract.
10. Although all verbal advice is given in good faith, the client understands that if XA Limited’s considered opinion is
    sought such advice must be requested in writing. This is to provide certainty in the unlikely event of any dispute
    arising.
11. The client agrees to comply with customer due diligence requirements, including but not limited to verification of the clients identity, which XAL is required to follow as a reporting entity under New Zealand Anti-Money Laundering legislation.
12. In keeping with similar organisations, the aggregate liability of XA Limited, whether to the client or any third party, of whatever nature, whether in contract, tort or otherwise, for losses (including interest and/or penalties) whatsoever and howsoever caused arising from or in any way connected with this contract shall not exceed 3 (three) times the fees invoiced and paid under this contract in respect of the tax year in which the liability arises.
13. The client agrees to abide to the current conditions of contract that are current and published on the XAL website www.xa.co.nz/terms

Client relationship with the IRD

1. The client authorises XAL to contact the IRD to discuss any matters as deemed necessary.
2. The client understands that all relevant documentation is to be retained by the client for a minimum of 6 years from the end of the year in which the relevant tax return is filed.
3. The client understands that it they and not XAL who are legally responsible for the correct, complete and timely filling of all tax returns with the IRD.
4. XAL, as an authorised tax agent of the client, persons or entities named on this form, may at its discretion sign tax returns on behalf of such persons or entities and submit such returns to the IRD. The client agrees to indemnify any employee, director or contractor of XAL from any costs that may arise as a result of being held liable by IRD from the signing any such return. Further the client agrees that any such indemnity will include any expense incurred by XAL as a direct result of any such action from the IRD.
5. XA Limited reserves the right to withhold client documentation and/or the filing of any tax returns and/ or accounts until payment in respect of all XA Limited’s invoices/fees have been received by XA Limited.
6. The client agrees to be liable for any fees that may arise as result of any investigation from the IRD. Any time spent on behalf of the client in respect to IRD audits and/or investigations will be charged to the client and normal payment conditions shall apply.
7. In keeping with similar organisations, the aggregate liability of XA Limited, whether to the client or any third party, of whatever nature, whether in contract, tort or otherwise, for losses (including interest and/or penalties) whatsoever and howsoever caused arising from or in anyway connected with this contract shall not exceed 3 (three) times the fees invoiced and paid under this contract in respect of the tax year in which the liability arises.
8. In the event that client does not remain compliant with the IRD, XAL at its discretion may cancel any authority held with the IRD and any such action does not alter the conditions of contract between the client and XAL.

Payment Conditions / Terms of Trade

1. Monthly/Xero Service : The client agrees to pay monthly fee's on the 1st of each month (or as otherwise agreed)
2. In the event that an agreed monthly fee is not paid, XAL reserves the right to cancel any online/data capture subscription and the client agrees to pay any associated costs with re-instating the subscription(s) and also pay any outstanding charges.
3. Annual Fees and other charges : The client agrees to pay with-in 7 days of invoice.
4. The client accepts personal responsibility for and personally guarantees payment for all accounts. The client is also personally responsible for any account in the event of the failure to pay by any other party for whom the client has engaged the services of XAL.
5. The client agrees that in the event that any account is not paid within 7 days, XAL may without further reference to the client, register a PPSR for the outstanding debt, charge late payments penalties and interest and further may refer the account to a debt collection agency. Any additional charges from the debt collection agency are the responsibility of the client.
6. Any objections or disputes in respect to fees charged or work completed must be made in writing and received by XAL within 14 days of invoice date.