Terms & Conditions

This web-based application is owned and operated by Selfmade Super Financial Services Pty Ltd ABN 12 619 195 005 and its related bodies corporate (“Selfmade”). By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy, a description of the services provided via this website and our fees. You should review our Privacy Policy and these Terms and Conditions carefully and immediately cease using our website if you do not agree to the Terms and Conditions. We may, at our sole discretion, vary or modify our Terms and Conditions without notice, except for the Monthly Management Fee. Any subsequent access to, or use of, the website by you will constitute an acceptance of those modifications.

In these Terms and Conditions, 'us', 'we' and 'our' means Selfmade Super Financial Services Pty Ltd and our related bodies corporate and 'you' includes you on behalf of and with the consent of each trustee, director of a trustee and member of a self managed superannuation fund (SMSF), or a proposed SMSF where Selfmade is being instucted to set up a new SMSF.

The information in these Terms and Conditions and on our website is directed to residents of Australia only, and is not an offer or solicitation for the purchase of securities, units or investments.

1. Registration

You must be a registered account holder to access certain features of our website. When you register and activate your account, you will provide us with personal information such as members’ names and email addresses, telephone numbers, residential and mailing addresses and tax file numbers. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping and securing this user name and password and are responsible for all use and activity carried out under this user name.

To create an account, you warrant that each SMSF member, trustee and director or each proposed SMSF member, trustee and director:

• is at least 18 years of age;
  
• is not an undischarged bankrupt or an insolvent under administration;
  
• has not been convicted of an offence involving dishonest conduct or had a civil penalty order made in relation to them;
• has not been disqualified by a regulator (eg, the Australian Taxation Office or Australian Prudential Regulation Authority) or a court;
• is a resident of Australia for income tax purposes;
• is not an employee of any other SMSF member, trustee and director (including through an entity), unless the persons concerned are relatives;
• will not receive any remuneration for any duties or services performed by the trustee in relation to the proposed SMSF;
• will not illegally access, withdraw or loan money from the proposed SMSF in contravention of the superannuation laws;
• possesses the legal right and ability to enter into a legally binding agreement with us; and
  
• agrees to use the website in accordance with these Terms and Conditions.

2. No advice warning

The information contained on this website is of a general nature only and has not been provided in any way to account for your specific objectives, financial situation or needs. Selfmade does not provide legal advice, tax advice, financial product advice or recommend any financial products. This specifically applies to any legal documents or financial products which are created or established when you set up an account with Selfmade.

You should review any financial products that form part of the establishment of a self-managed superannuation fund (SMSF) with Selfmade by obtaining the relevant any disclosure documents relating to that product and considering the documents fully before making any decision to set up an account with Selfmade. It is also recommended that you seek professional advice from a financial adviser, accountant and/or legal adviser before making any decision to set up an SMSF or purchase any financial products.

Selfmade provides links to the disclosure documents of financial products that may be related to setting up an SMSF and takes basic steps to ensure that these links are current and reliable. However, Selfmade does not take any responsibility for the information contained within these documents or for any inaccuracies, errors or omissions. Before making any investment decision, you should consider the relevant disclosure documents. If you have questions in relation to any financial product or the information contained within any disclosure document you should contact the financial product issuer.

In any event, if you have any doubt about legal (including tax) matters, you should obtain independent legal advice on an SMSF generally and on any documents obtained through Selfmade.

3. Selfmade's services

When you register with Selfmade you agree to these Terms and Conditions. Selfmade provides a range of services through its website, including the establishment of new SMSFs and ongoing administration services for SMSFs. The SMSF administration services are provided both to SMSFs established through Selfmade, as well as to SMSFs that transfer to the Selfmade platform. Clients that come to use Selfmade's services via an adviser or an agent who has been set up with access to the Selfmade platform will be recorded under this adviser/agent relationship in our system. The adviser/agent listed will be able to see the status of their clients SMSF and can add documents to the clients portal to assist in the ongoing record keeping obligations of the clients account with Selfmade. Selfmade does not pay or received any form of commission or money to or from any third party (including advisers or agents). Selfmade provides the range of services described on its website including the services described in these Terms and Conditions. When accessing our website and engaging Selfmade to provide you with any services, you agree to the entirety of these Terms and Conditions.

(a) Setting up an SMSF

When you request that Selfmade sets up an SMSF for you, you acknowledge and agree that:

• you have read and understood the Terms and Conditions (which specifically include the Privacy Policy and the contents of the website) provided by Selfmade;
  
• you have read, understood and accepted all terms and conditions provided by Selfmade and/or Macquarie Bank Limited ABN 46 008 583 542 (MBL) that may be related to the services being provided by either Selfmade or MBL whether via its website or directly;
  
• you have read and understood the risks associated with establishing an SMSF including your obligations as a trustee of the SMSF;
  
• Selfmade has not recommended that you establish an SMSF and that you have elected to apply to establish an SMSF after personally researching and considering all risks and obtaining professional advice from a financial adviser, accountant and/or legal adviser where required;
  
• you understand that you will be appointing Selfmade (or its nominated tax partner) as the taxation agent for your SMSF and Selfmade will be the address for all ATO correspondence for your SMSF. References to Selfmade as tax agent include a reference to its nominated tax partner;
  
• immediately after receiving a copy of the deed establishing the SMSF, you will print and each party will sign a hard copy of the deed establishing the SMSF;
• the SMSF will be an accumulation fund with no defined benefit members;
• the SMSF has not previously been issued an Australian Business Number or a Tax File Number;
  
• the SMSF will carry on business at the address of the primary account holder;
• the SMSF will not have an individual trustee or corporate trustee which has a director who is a legal personal representative (or parent/guardian) acting on behalf of a member;
  
• you intend to carry on an SMSF for at least 12 months;
• you will carry on an indefinitely continuing SMSF for the sole purpose of providing superannuation benefits to members upon reaching a prescribed age or upon their retirement, death, or other cessation of employment;
• the SMSF will be a tax resident of Australia that is ordinarily centrally managed and controlled in Australia; and
  
• the SMSF, the trustee, and the directors of the trustee elect that the Superannuation Industry (Supervision) Act 1993 (Cth) is to apply in relation to the superannuation fund, and understand that the election is irrevocable;
• you authorise Selfmade and any of its employees or agents to complete and lodge an ABN and TFN application on your behalf;
• you declare that the information provided to us (including in the registration form) is true and correct, where a SMSF has been established through an adviser or an agent relationship with access to the Selfmade admin portal your listed adviser/agent will have access to the information relating to your SMSF and will be able to upload information and documentation for your SMSF on your behalf. It is your responsibility to ensure any information uploaded by your adviser/agent is true and correct. If you terminate your relationship with an adviser or an agent and remain a client of Selfmade you must provide written notification for Selfmade to remove your listed adviser or agent from your account; and
• you are aware that an ATO trustee declaration must be signed within 21 days of each trustee or director commencing their duties, and you will so sign such a declaration.

(b) Where setting up a company to act as trustee

If you request that Selfmade arranges for the establishment of an SMSF trustee company, you acknowledge and agree that you have authorised Selfmade to arrange for the establishment of the trustee company (either directly or via its company establishment partner) and to lodge the company application for registration as an Australian company (Form 201) to ASIC and warrant that the information contained therein (from the information you provide to us) is accurate and not false or misleading in any way.

When you request that Selfmade arranges to register the SMSF trustee company or another company, the following terms and conditions apply.

• State of registration – the state or territory of registration is the same as chosen jurisdiction for the SMSF;
  
• Legal elements for company name – if you choose a company name without legal elements, Selfmade will add the legal elements ‘Pty Ltd’;
  
• Company name – you authorise Selfmade to change your chosen company name to comply with ASIC or legal requirements, eg to remove the word 'trust' or trustee';
• Type of company – the company is a proprietary company limited by shares;
  
• Special purpose company – unless the trustee is a bare trustee company, you declare that the company will only act as the trustee of an SMSF and is a special purpose company as defined under regulation 3 of the Corporations (Review Fees) Regulations 2003 (Cth);
  
• Address of company – agree that the registered office and principal place of business of the company is the same as the address of the primary account holder with Selfmade, and that the company occupies those premises; and
  
• Directors, secretaries and shareholders – you agree that each member of the SMSF will also be a director and secretary of the company and will be issued 12 fully paid and beneficially held ordinary shares at $1.00 per share (12 shares has been selected as a default share number per person, being divisible by 2, 3 and 4).

(c) Monthly Management Fee

The management services provided by Selfmade are detailed in these Terms and Conditions. The Monthly Management Fee charged includes these services only and only to the extent they related to approved investments. A fee schedule detailing the Monthly Management Fees is provided in the Selfmade Fees section of these Terms and Conditions and is separate to the initial establishment fees for your SMSF establishment (if applicable to your SMSF).

Monthly Management Fees are installment payments of the full year fee and are payable from when your fund initially on-boards with Selfmade. For any tax year where Selfmade is required to lodge a return the full yearly fee is payable. If your fund has been on the platform for less than 12 months a catch up fee will be payable so that any monthly fees not collected for a given tax year are collected as a catch up payment at the time the annual returns is finalised. If you leave the Selfmade platform any monthly fees paid are not refundable.

The Monthly Management Fee is reviewed biannually by Selfmade. If there is any change to the Monthly Management Fee you will be notified by Selfmade. When setting up an SMSF it is important to understand that additional fees may apply that must be carefully considered prior to making a decision to setup an SMSF including an ATO Supervisory Levy, Company Trustee Setup Fee (where applicable), and Non-Standard Fund Investment Fees.

(d) Cooling off period

You can cancel your application to set up an SMSF with Selfmade at any time within the four week period from the date of establishment. This period is known as the “Cooling Off Period”. If you decide not to continue with the SMSF establishment and cancel your SMSF you must notify Selfmade in writing within the “Cooling Off Period” or such other period as agreed between you and Selfmade. If you decide to cancel your SMSF within the “Cooling Off Period”, none of the Selfmade fees set out below under 'Selfmade Fees' will be payable by you. However, if you cancel your SMSF with Selfmade even within the “Cooling Off Period”, there may be other fees payable to third parties such as the ATO and ASIC that must still be paid by you. You should make sure that, prior to establishing an SMSF, you understand what is involved, obligations of a trustee, the risks associated with SMSFs and the fees charged by Selfmade and government and regulatory authorities. Winding up an SMSF can be costly if you decided to do this within the Cooling Off Period or at some point in the future.

(e) GST services

Selfmade will register new SMSFs for GST and will arrange for the preparation of the annual GST Return for your SMSF, unless otherwise arranged.

4. Macquarie products

An SMSF must have a separate transaction account. All SMSFs established with Selfmade will receive a Macquarie Cash Management Account (CMA) and will be able to use this as the SMSF’s transaction account. The CMA is a deposit account provided by MBL. As a licensed Australian bank, MBL is subject to regulation by the Australian Prudential Regulation Authority. MBL also holds Australian Financial Services Licence No. 237502 and is subject to regulation by the Australian Securities and Investments Commission. MBL does not provide personal advice in relation to the CMA.

All SMSFs established with Selfmade will use Macquarie Online Trading (MOT) for investments. MOT is a service provided by Third Party Platform Pty Ltd (TPP) ABN 74 121 227 905 AFSL 314341, at the request of MBL. TPP is a Participant of the ASX Group. Neither TPP nor MBL are representatives of each other. Some of the fees paid to TPP for the provision of its services will be remitted to MBL. TPP and MBL do not provide personal advice in relation to MOT.

In submitting your application for your SMSF, you will also be applying for the CMA and MOT and you acknowledge that you have read, understood and agree to be bound by the terms and conditions of the relevant Transaction Documents for the CMA and MOT. Below are links to the Transaction Documents for the CMA and MOT and the relevant Financial Services Guide (FSG) for each.

1. Macquarie Cash Management Account Product Information Statement
   
2. Macquarie Cash Management Account Further Information Guide
   
3. Macquarie Cash Management Account fees, limits and lodgement times
   
4. Macquarie Bank Limited Financial Services guide
   
5. Macquarie Online Trading - Terms and Conditions
   
6. Macquarie Online Trading - Financial Services Guide
   

By submitting your application, you grant Selfmade general withdrawal authority over your CMA in respect of the services provided by Selfmade to you or your SMSF, including for the deduction of fees and other charges as required and as notified to you from time to time in accordance with the terms set out at the CMA Third Party Authority.

By submitting your application, you grant enquiry authority over your CMA and MOT accounts to Class Limited (ABN 70 116 802 058) (Class Super) in accordance with the terms set out at the MOT Third Party Authority. Class Super is an ASX listed provider of specialised self managed superannuation fund administration technology services. In order to carry out fund administration services, Selfmade will have visibility over transactions you make within your Macquarie CMA and MOT using data feeds provided by MBL to Class Super via this enquiry authority.

You authorise and request that Selfmade otherwise deals with this account in accordance with the Selfmade Terms and Conditions.

5. Investing

It is important to remember that the trustees of the SMSF – being you and/or any other trustee that you appoint as a trustee of your SMSF – control the SMSF and make all investment decisions. You need to understand what you can and cannot invest in through your SMSF. If you invest in an asset not permitted by law, Selfmade reserves the right to terminate your SMSF as an account holder in accordance with item 6 (“Termination”) below. Selfmade is not responsible for any loss resulting from establishing and running your SMSF including the adverse performance of your SMSF investments. Selfmade provides limited accounting and taxation services only. You should always remember that you have total control of your SMSF and that Selfmade does not manage, control or have access to any of your SMSF investments or accounts.

6. Termination of services

You can terminate the services provided by Selfmade and close your account at any time and for any reason by notifying Selfmade in writing. When you terminate your account with Selfmade, we will cease to be your registered tax agent.

Selfmade can also terminate your SMSF as an account holder at any time and for any reason by notifying you in writing. Any fees prepaid by your SMSF will be refunded to you in this instance. No further financial obligation will be payable by Selfmade to your SMSF in the event of termination by Selfmade.

7. Selfmade fees

Where applicable, the fees set out above are expressed on a GST-inclusive basis.

*Standard SMSFs are SMSFs that only invest in assets for which Selfmade has an automated data feed, allowing processing to be faster. Selfmade is endeavouring to gain automated feeds for an increasing number of asset types.

^Monthly Fees are installment payments of the full year fee and are payable from when your fund initially onboards with Selfmade. For any tax year where Selfmade is required to lodge a return the full yearly fee is payable. If your fund has been on the platform for less than 12 months a catch up fee will be payable so that any monthly fees not collected for a given tax year are collected as a catch up payment at the time the annual returns is finalised. If you leave the Selfmade platform any monthly fees paid are not refundable.

Audit fees may increase from time to time since they are provided by an entity that is separate to Selfmade. Selfmade offers a competitive cost for audit of Standard SMSFs. The average SMSF audit fee was $694 in 2016, as reported by the ATO.

You agree that all of Selfmade’s fees are charged via direct debit to the CMA or to the SMSF's bank account that you have nominated.

If you provide misleading or false information to us, or if within 45 days of accepting these Terms and Conditions, sufficient funds to pay any fees or disbursements owing to Selfmade are not available in the account nominated for direct debit, we reserve the right to do any of the following:

• terminate access to the Selfmade platform;
  
• terminate the superannuation fund as a client under any tax agent relationship; and
• issue an immediately payable invoice for outstanding fees and disbursements to the trustee of the SMSF or the natural person who is the account holder registered with the Selfmade website.

8. Processing of direct debits

Selfmade processes direct debit fees using Ezidebit Pty Ltd ACN 096 902 813 (Ezidebit). When you register and complete the online set up forms to register with Selfmade, you also agree to the Ezidebit terms and conditions. Selfmade may change service providers or transfer the Direct Debit authority given to it by clients to any other service provider in the future without prior notification. Selfmade reserves the right to assign, novate or otherwise transfer any directdebit authorities to another services provider inline with the terms and conditions around outsourced service providers as outlined within section 9 of these Terms and Conditions.

9. Other SMSF fees

In addition to any fees charged by Selfmade there are other fees associated with setting up and running an SMSF. Prior to making any decision to set up an SMSF it is important to understand the fees that may apply including any government or regulatory fees such as the ATO Supervisory Levy or ASIC Company Trustee Setup Fee (where applicable) as well as any fees that might be charged on your investments.

10. Engagement as tax agent

(a) Preliminary

These Terms and Conditions also describe the services that will be performed for your superannuation fund by Selfmade as tax agent, as well as your obligations (“Agreement”). This applies to SMSFs established through Selfmade, as well as SMSFs that transfer to the Selfmade platform.

In return for the fees described on the pricing page and in these Terms and Conditions, Selfmade agrees to perform administration functions and lodge tax returns as tax agent for the nominated superannuation fund. If we have communicated any specific pricing to you that is different from the website pricing, our specific communications to you will apply instead of our standard pricing. The engagement is subject to the following standard engagement terms.

(b) Engagement

In addition to accepting the Terms and Conditions as detailed on the website www.selfmade.com.au, you agree to the following engagement with Selfmade Super Financial Services Pty Ltd ABN 12 619 195 005. This describes the services performed for you by Selfmade. You will be taken to have accepted this Agreement if you do any of the following: accept it electronically via our website, indicate your acceptance by signing (including electronic signing) or continue to instruct us after being provided with these Agreement. You understand and acknowledge that you are appointing Selfmade (or its nominated tax agent entity) as the taxation agent for the SMSF and that tax agent entity will be the address or all ATO correspondence for the SMSF. This engagement will begin upon your acceptance. Our pricing is based upon the assumption that nothing out of the ordinary has occurred during the nominated financial year and that your records are in good order. If an unanticipated need arises, we agree to perform this work at a mutually agreed upon price before the service is provided. You consent to Selfmade being granted enquiry, tax and fee authority (where applicable) for any account held within the superannuation fund.

(c) Proposed services

Further, in return for the fees disclosed on the pricing page, we will attend to the following standard items:

• Data entry of your financial information
  
• Administration services for the nominated superannuation fund, on an ongoing basis
  
• Accounting for the contributions and income earned for the year
  
• Preparation of Annual Financial Statements and all the required Notes and Reports
  
• Liaising with the auditors to answer various queries
  
• Preparation and electronic lodgement of Super Fund Annual Return
  
• Preparation of Annual Member’s Statements
  
• Preparation of Trustee’s minutes
  
• Other administration services as required
  

The following items may attract an additional fee:

• Accounting for the rollover in of funds
  
• Accounting for contributions in the most tax effective manner
  
• Process of pension payments
  
• Prepare Minimum/Maximum calculations to meet applicable legislative standards for the applicable Financial Year
  
• Process of life insurance payments throughout the financial year
  
• Processing of all income which included dividend, distributions & interest
  
• Record all shares purchases & share sales
  
• Calculate capital gain/loss on sale of shares
  
• Obtain market valuation on unlisted shares/property
  
• Obtaining or arranging a bare trust document for SMSF borrowing
• Obtaining or arranging a bare trustee entity for SMSF borrowing
• Accounting for the transition to retirement pension including initial setup of the member accounts, associated accounting entries and application of tax exemption percentage
  
• Account for lump sum draw downs
  
• Prepare PAYG Summary & record in individual tax return
  
• Process of Corporate Actions that occurred during the Financial Year
  
• Minimising drawings out of accounts with high tax free components and focusing on taxable balances.
  
• Preparation of all the necessary documentation to commence the pension accounts
  
• Registration of an SMSF for GST
• Lodging a business activity statement
• Assisting with any tax other than income tax, eg stamp duty, GST, and land tax

(d) Disbursements and out of scope tasks

Whilst every effort is made to provide you with an upfront, no hidden costs engagement, there may be circumstances in which additional costs are incurred, eg, due to disbursements and out of scope tasks. Third party fees such as ASIC fees, audit Fees and actuary certificates are not included in the fixed price agreement. Additional services (other than those listed in the scope) will be provided to you on a case by case basis.

We will endeavour to provide you with an up-front cost for jobs ‘Out of Scope’ prior to commencing the work; however there may be times when this is not possible. Examples of some of the services that are ‘Out of Scope’ include, but are not limited to:

• ATO Dealings – Payment Arrangements: Selfmade works with the ATO on a regular basis so take the stress out of your recent ATO bill and let us arrange a payment plan. Please Note, ATO Payment arrangements can only be made under suitable circumstances.
  
• Dividend Statements – Preparation of dividend statements required throughout the year.
  
• Incorrect Reconciliation – Reconciling incorrect monthly financial accounts is a timely process. Therefore any accounts Selfmade is required to correct may be charged a fee for our time.
  

(e) Your guarantee of payment of invoices

You hereby agree, in your capacity as a natural person, to irrevocably guarantee the payment of all fees and expenses owed by the entitles listed above to Selfmade for work performed under the terms of this Agreement and/or incurred with regards to any entities upon your instruction, such guarantee being enforceable against you without any need for Selfmade to first seek payment from any other individual or entity.

(f) Scope of our services

The scope of our engagement will be limited to the performance of the services listed in this document. The extent of our procedures will be limited exclusively for this purpose only. We will rely on you for both the completeness and accuracy of the information supplied to us. Our engagement cannot be relied upon to disclose irregularities including fraud, other illegal acts and errors that may exist. However, we will inform you of any such matters that come to our attention. Our professional services are conducted and if applicable, Annual Financial Statements will be prepared for distribution to the relevant specific organisation or party for the purpose specified in the report or as agreed. We disclaim any assumption of responsibility for any reliance on our professional services to any party other than as specified or agreed, and for the purpose which it was prepared. Where appropriate, our report will contain a disclaimer to this effect. Our advice will cover income tax and Goods and Services Tax. It will not cover any other taxes such as stamp duty, land tax, or payroll tax.

(g) Use of contractors and other outsourced third party services

We may involve third party contractors or outsourced service providers in providing any part or all of the various aspects of your SMSF accounting and compliance work. These services may include:

• Accounting file preparation and/ or Data entry into our accounting systems (including the use of a third part Registered Tax Agent to lodge documents with the ATO). Selfmade will not
  
• Auditing of accounts (including Self-Managed Super Funds)
  
• Actuarial (pension) analysis
  
• Financial Planning & Dealing with Financial Institutions
  
• Home Loan, Business Loan & Personal Loan Services
  
• Investment and Insurance Services
  

(h) Responsibilities

In conducting this engagement, information acquired by us in the course of the engagement is subject to strict confidentiality requirements. That information will not be disclosed by us to other parties except as required or allowed for by law, or with your express consent.

(i) Privacy

The Selfmade privacy policy applies to this engagement.

(j) Your disclosure and record keeping obligations

You are required by law to keep full and accurate records relating to your tax affairs in order to facilitate the preparation of accurate tax returns. The responsibility for the accuracy and completeness of the particulars and information provided to us by you rests with you. It is your obligation to provide us with all information that you reasonably expect will be necessary to allow us to perform work specified under this engagement within a timely manner or as requested. This includes providing accurate and complete responses to questions asked of you by us within 10 working days. Inaccurate, incomplete or late information could have a material effect on our services. You are also required to advise us on a timely basis if there are any changes to your circumstances that may be relevant to the performance of our services. Specifically, if any subsequent event results in the information you provided to us being inaccurate, incomplete or misleading, then you are obliged to advise us as soon as possible. We take no responsibility to the extent that our advice is inaccurate, incomplete or misleading because it is based on inaccurate, incomplete or misleading information being provided to us. By accepting the terms in this Agreement, you will be taken to have agreed that the performance of our services is dependent on the performance of your obligations relating to disclosure and record keeping. You are responsible for the reliability, accuracy and completeness of the accounting records and disclosure to us of all material and relevant information. The Taxation Administration Act 1953 (Cth) contains specific provisions that may provide you with “safe harbours” from administrative penalties for incorrect or late lodgement of returns if, amongst other things, you give us “all relevant taxation information” in a timely manner. Accordingly, it is to your advantage that all relevant information is disclosed to us, as any failure by you to provide this information may affect your ability to rely on the “safe harbour” provisions and will be taken into account in determining the extent to which we have discharged our obligations to you. You are also required to advise us if you become aware of any conflict of interest or potential conflict of interest. Generally, a conflict of interest is any event which may result in us becoming unable to remain objective in the performance of our services to you. Some examples of events which could give rise to a conflict of interest or potential conflict of interest during this engagement are changes to your business circumstances, events affecting your family (eg. death and/or marriage breakdown) or a legal action commencing against you. In relation to your financial records, you will be specifically responsible for retaining copies of all financial records and source documents for a period of 5 years, and providing to us all financial information we have requested within 10 working days of our request. Please note that if you do not provide us your financial information properly reconciled and in the format requested by us, any up-front or fixed quotes we have provided to you will not be applicable and the cost of our services will be higher.

(k) Your rights and obligations under taxation law

You have certain rights under the taxation laws, including the right to seek a private ruling from the Australian Taxation Office (ATO) or to appeal or object against a decision made by the Commissioner of the ATO. As relevant, we will provide further information to you concerning your rights under the Australian taxation laws while we provide our service to you. You also have certain obligations under the Australian taxation laws, such as the obligation to keep proper records and the obligation to lodge returns by the due date. You are responsible for both the completeness and accuracy of information supplied to us. As a taxpayer, you have obligations under the self assessment regime to keep full and proper records in order to facilitate the preparation of accurate returns.

(l) Our obligation to comply with the law

We have a duty to act in your best interests. However, the duty to act in your best interests is subject to an overriding obligation to comply with the law even if that may require us to act in a manner that may be contrary to your interests. For example, we cannot lodge an Income Tax Return for you that we knew to be false in a material respect. We also have an obligation to ensure that we manage conflicts of interest as they arise. In this regard, we have arrangements in place to ensure that we manage potential or actual conflicts of interest. The effective operations of these arrangements depend, in part, on you complying with your obligation to disclose any potential conflicts of interest to us (as mentioned previously). Our advice and/or services will be based on Australian taxation laws in force at the date of the provision of the advice and/or services. It is your responsibility to seek updated advice if you intend to rely on our advice at a later stage. We note that Australian taxation laws are often subject to frequent change and our advice will not be updated unless specifically requested by you at the time of the change in law or announced change in law.

(m) Ownership of documents

All original documents obtained from you arising from this engagement will remain your property. However, we reserve the right to make a reasonable number of copies of the original documents for our records. Our engagement may result in the production of financial statements, income tax returns, superannuation fund documents, and other electronic documents or files which will be supplied to you. Ownership of these documents will vest in you. All other documents produced by us in respect of this engagement will remain our property. We will exercise a legal right of lien over any of your documents in our possession in the event of a dispute between us.

(n) Payment terms

In the event of you being in default of your obligation to pay us within the payment terms, and the overdue invoice(s) are then referred to a debt collection agency and/or law firm for collection and we are charged commission and/or disbursements and/or legal fees, you agree that you will be liable to pay as a liquidated debt to us any commission, disbursements and legal fees payable by us. You agree that all of Selfmade’s fees are charged via direct debit to the nominated bank account of the self managed superannuation fund. Selfmade processes direct debit fees using Ezidebit Pty Ltd ACN 096 902 813 (Ezidebit). When you register and complete the online set up forms to register with Selfmade, you also agree to the Ezidebit terms and conditions.

Where fees are not paid via direct debit for any reason, payment is due in full for all engagements 14 days from issue of Invoice. If the amount payable on the Invoice is not paid within 30 days of the date of that Invoice, then interest will be payable by you on the total unpaid amount calculated 30 days from the date of the Invoice until the actual date of payment at the rate of 24% per annum calculated daily.

11. Collection notice

We collect personal information about you and other fund members and trustees in order to process your registration as an account holder and to provide you with a range of SMSF-related services including tools to assist in the establishment and ongoing administration of your SMSF as well as website specific features and functions to help streamline document storage and management and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners which includes advisers and agents who introduce clients to our services) or as required by law. If you do not provide this information, we may not be able to provide some or all of our services to you.

Our Privacy Policy explains:

• how we store and use, and how you may access and correct your personal information;
  
• how you can lodge a complaint regarding the handling of your personal information; and
  
• how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at contact@selfmade.com.au
  

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms and Conditions (as amended or modified or updated from time to time).

12. Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matters covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms and Conditions) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

13. Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites. You expressly release Selfmade from any and all liability arising from your use of any third-party website, service or content. Additionally, your dealings with or participation in promotions of advertisers found through our services are solely between you and such advertisers. You agree that Selfmade will not be held responsible or liable for any loss or damage of any sort resulting from or in connection with your dealings with such advertisers.

14. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (“Content”).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, Selfmade does grant you a limited licence to access the website and view the Content on the terms set out in these Terms and Conditions and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

15. No commercial use

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

16. Unacceptable activity

You must not do any act or commit any omission that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
  
• using this website to defame or libel us, our employees or other individuals;
  
• uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  
• posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
  

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

17. Warranties and disclaimers

The products and services we make available to you are not designed or intended for use (and must not be relied on) as a substitute for legal or any other professional or commercial advice in relation to superannuation or investment reporting, compliance or other matters. The provision of products and services by us does not constitute the provision of ‘personal advice’ or ‘general advice’ as those terms are defined in the Corporations Act 2001 (Cth) and Corporations Regulations 2001 (Cth).

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about our website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. Nothing in these Terms and Conditions excludes, restricts or modifies any guarantee, condition, warranty, right or remedy implied or imposed by statute which cannot lawfully be excluded, restricted or modified (a “Non-Excludable Condition”).

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

18. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

If a Non-Excludable Condition is implied or imposed in relation to these Terms and Conditions and cannot be excluded, and we are able to limit your remedy for a breach of the Non-Excludable Condition, then our liability to you for breach of the Non-Excludable Condition is limited to one or more of the following at our option: (i) in the case of goods, the replacement or repair of the goods or payment of the cost of replacement or repair; and (ii) in the case of services, the re-supply of the services or payment of the cost of re-supply of the services.

You will indemnify us and our employees, officers, agents and contractors from and against any claim, proceeding, loss, damage or expense arising out of or in connection with your wilful misuse of our website or Content or your wilful breach of these Terms and Conditions.

19. Jurisdiction and governing law

Your use of the website and these Terms and Conditions are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.