Fingility Consulting Pty Ltd

Terms of Service

1. Introduction

Welcome to Fingility Consulting Pty Ltd (“we”, “us”, “our”). By accessing or using our website, services, or products (collectively, “Services”), you agree to comply with and be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our Services.

2. Definitions

• Client: A person or entity engaging our professional services, including accounting services under a Terms of Engagement.

• Services: The professional services provided by us, including accounting, consulting, and any other services offered via our website or agreements.

3. Use of Services and Website

• You agree to use our Services lawfully and responsibly.

• You agree not to misuse the website or Services, including unauthorised access or disruption.

• We reserve the right to suspend or terminate your access if you breach these Terms.

4. Professional Services and Terms of Engagement

• Our accounting and consulting services are governed by a separate Terms of Engagement agreement that sets out the scope, fees, obligations, and limitations of those services.

• By engaging our accounting services, you agree to the applicable Terms of Engagement, which form part of your contract with us.

5. Fees and Payment

• Fees for our Services will be as set out in the applicable proposal, engagement letter, or invoice.

• Invoices are payable by the due date specified. Late payments may incur interest or suspension of Services.

• Additional work outside the scope will be billed separately.

6. Intellectual Property

• We retain ownership of all intellectual property rights in the Services, reports, and materials we provide, except for original materials you provide to us.

• You are granted a limited license to use deliverables for your internal purposes only.

• You may not reproduce, distribute, or create derivative works without our consent.

7. Confidentiality and Privacy

• We handle your confidential information and personal data in accordance with applicable laws and our Privacy Policy.

• Confidentiality obligations apply as set out in the Terms of Engagement and this ToS.

8. Limitation of Liability and Professional Indemnity Insurance

8.1 To the fullest extent permitted by law, Fingility Consulting Pty Ltd’s liability to you for any claims arising out of or in connection with the use of our Services or these Terms is limited to the amount of fees paid by you to us for the relevant Services.

8.2 For our professional accounting services, we participate in the CPA Australia Ltd Professional Standards Scheme (“Scheme”), which aims to improve professional standards and may limit our liability to you in accordance with the Scheme and applicable laws.

8.3 The Scheme applies to professional accounting services including accounting, bookkeeping, taxation, auditing and assurance, insolvency and corporate reconstruction, management accounting, management consulting, forensic accounting, and valuation services.

8.4 Fingility Consulting Pty Ltd holds professional indemnity insurance in accordance with the requirements set by CPA Australia and applicable law. 

9. Third Party Services

• We may engage third-party providers (e.g., cloud services) to assist in delivering Services. Your use of such services is subject to their terms.

• We are not liable for third-party service failures.

10. Termination

• We may terminate or suspend your access to Services if you breach these Terms or the Terms of Engagement.

• Upon termination, you must pay any outstanding fees.

11. Governing Law and Dispute Resolution

• These Terms are governed by the laws of Victoria, Australia.

• Any disputes will be resolved through good faith negotiations or mediation before legal action.

12. Changes to Terms

• We may update these Terms from time to time. Continued use of Services after changes constitutes acceptance of the new Terms.

13. Contact Us

If you have questions about these Terms, please contact us at:
Fingility Consulting Pty Ltd
Phone: 0449 044 841