AUREUS ACCOUNTING PROGRAM PARTICIPATION AGREEMENT
This Agreement is between You (“Participant”) and Daxcel Pty Ltd t/a Aureus Accounting (“Aureus,” “We,” “Us,” “Our”) and outlines the terms of your participation in the Aureus Accounting Program. By enrolling in the Program, you agree to these terms, which set clear expectations, commitments, and guarantees to ensure your success.
1. Participation Terms & Conditions
1.1 At Aureus Accounting, we are dedicated to simplifying Your accounting processes, optimising Your tax position, and providing clarity in Your financial journey.
By joining the Aureus Accounting Program, You will receive:
- Optimised Structure Recommendation – Tailored advice to ensure your business operates in the most tax-efficient manner.
- 12-Month Tax Forecast – A proactive financial plan to help you avoid surprise tax bills and ensure smooth cash flow.
- Financial and Tax Review – An assessment of the last two (2) years of financials to confirm compliance and accuracy.
- Compliance Assessment – A thorough review of compliance obligations to maintain financial integrity.
- Ongoing Support & Guidance – Access to expert advice to help navigate financial complexities confidently.
1.2 Program Confidentiality & Intellectual Property
- Program materials, including video sessions, checklists, and tools, are for your personal use only.
- Sharing, reproducing, or distributing program materials without written consent is strictly prohibited.
- Recording equipment is not permitted at program events.
1.3 Payments & Program Commitment
- The Aureus Accounting Program is a 52-week commitment, and weekly payments are made in advance.
- There are no cancellations, hold-periods, or refunds.
- A valid payment method (credit card or bank details) is required for uninterrupted access.
1.4 Non – Payment / Arrears
If the Client falls into arrears, fails to respond to reasonable communication attempts, or otherwise goes AWOL, Aureus reserves the right to refer the outstanding balance to a third-party debt collection agency. The Client acknowledges and agrees that all costs incurred in the recovery of overdue amounts—including but not limited to debt collection fees, legal fees, and administrative charges—will be payable by the Client, in addition to the outstanding balance owed.
2. Love It or Leave It – 60-Day Confidence Guarantee (No Refunds).
2.1 Definitions.
- Problems & Outcomes: The client’s priority issues and desired results, documented during Fact-Find/Discovery and confirmed at Kickoff.
- Strategy Deliverable: The core plan delivered early in the engagement (e.g., SOA for Wealth; Strategy Document for Education; Elite Audit/Remediation Plan for Accounting; Marketing Roadmap for Growth Partners).
- Primary Value Steps: Initial, high-impact actions delivered with or immediately after the Strategy Deliverable (e.g., damage control, cash-flow triage, compliance fixes, quick wins).
2.2 Guarantee window.
Aureus will deliver the Strategy Deliverable + Primary Value Steps and conduct a Confidence Check within 60 days of Kickoff. If Aureus has not delivered these items by day 60 for reasons within Aureus’ control, the client may elect to terminate immediately under this clause.
2.3 Confidence Check.
Upon delivery (or no later than day 60), Aureus will ask the client:
- “Are you confident that, if implemented, this plan will solve the problems we scoped?”
- “Is this what you were looking for?”
If the client answers No to either question, the client may terminate the engagement with no further fees payable beyond amounts already due or paid up to the termination date. Fees paid to date are non-refundable.
2.4 Client responsibilities (eligibility).
This guarantee applies only where the client has:
- Provided timely and accurate information, access, and approvals;
- Attended scheduled sessions reasonably; and
- Not materially changed scope or objectives from those documented at Kickoff.
2.5 Exclusions & clarifications.
- This guarantee is about confidence in the plan and approach—not a promise of a specific financial, legal, tax, investment, or market outcome.
- It does not cover items outside agreed scope, third-party actions/decisions (banks, ATO/regulators, platforms), or external shocks (e.g., macroeconomic events).
- Regulatory and compliance obligations (e.g., advice law, tax law) are always paramount; nothing in this clause overrides statutory requirements.
2.6 Upfront / Pay-in-Full pro-rata refund (exception to “no refunds”).
If—and only if—the client paid the engagement in full upfront and terminates under this 60-Day Guarantee, Aureus will refund the unused portion of the upfront fee on a pro-rata basis as follows:
- Refund amount = Upfront Fee Paid − (Weekly Fee Equivalent × Weeks Elapsed) − Non-recoverable third-party costs committed on the client’s behalf.
- Weekly Fee Equivalent = the standard weekly fee for the same engagement shown on the signed Order Form/Proposal. If no weekly fee is stated, it is calculated as (Upfront Fee Paid ÷ Contract Term in weeks).
- Weeks Elapsed = the number of whole or partial weeks from the date of point of sale to the earlier of (a) the Confidence Check/termination election date or (b) day 60. Partial weeks are rounded up to a full week.
- Any one-time government/third-party charges, filing fees, platform fees, or disbursements already incurred are non-refundable.
- Refunds are processed to the original payer/method within a reasonable processing time after termination is confirmed in writing.
2.7 After the window.
If the client does not elect to terminate at the Confidence Check (or by day 60, whichever occurs first), the guarantee is deemed satisfied and waived, and the engagement continues under standard terms.
2.8. Summary
Within 60 days, once we’ve delivered your strategy and the first Primary Value Steps, we’ll ask a simple question:
“Are you confident that, if implemented, this plan will solve the problems we scoped together?”
If the answer is no, you may leave the engagement with no further payments due. No refunds of fees already paid.
3. Effect of termination
On termination under this clause, future installments/fees are cancelled. Any work delivered and invoices issued up to termination remain payable. No refunds of fees already paid.
4. Authority & Engagement
- You and any authorised individuals (confirmed in writing) may provide instructions.
- Services apply to You and, if specified, Your spouse/partner. Any changes must be requested in writing.
- In case of conflicting instructions, we may escalate decisions to senior stakeholders.
5. Compliance & Responsibilities
- Know Your Customer (KYC) – Identity verification may be required.
- Your Role – You must provide accurate, timely financial information.
- Our Role – We adhere to APESB ethical standards, including reporting any serious non-compliance (NOCLAR).
6. Service Limitations & Advice
- Scope of Services – We do not conduct audits; services provided are advisory in nature.
- Reliance on Advice – Verbal advice should be confirmed in writing.
- Financial Advice – We do not provide regulated financial advice unless explicitly agreed upon under an AFSL.
7. Fees & Payment Terms
- Fees are based on expertise, risk, and value and are subject to revision.
- Standard Hourly Rates:
- Partner/Director: $550/hr (incl. GST)
- Accountant: $275/hr (incl. GST)
- Admin Assistant: $192.50/hr (incl. GST)
- Standard Hourly Rates:
- Bookkeeping: $110/hr (incl. GST)
- ASIC & Secretarial Fees:
- Officer changes: $250 per movement
- Board resolutions: $250 per resolution
- Share transactions: $300 per transaction
- Payment Terms:
- Payment is required via direct debit/credit.
- Late payments incur interest (5% above the RBA rate).
- Services may be suspended for non-payment.
- Monthly retainers are billed in advance.
- Some services require full upfront payment.
- Additional fees apply for out-of-scope work.
8. Conflicts of Interest & Referrals
- We disclose potential conflicts. Unresolved conflicts may lead to service termination.
- We may receive commissions from third-party providers, but only recommend those aligned with our ethical standards.
9. Records & Privacy
- You must retain financial records for seven (7) years.
- Daxcel Pty Ltd t/a Aureus Accounting is not responsible for record-keeping.
- We protect client confidentiality, except where disclosure is required by law or regulatory bodies.
- You consent to data processing per the Privacy Act 1988.
10. Client Responsibilities & Service Charter
By engaging with Aureus Accounting, You commit to:
- Providing timely and accurate information.
- Paying fees as per agreed terms.
- Notifying us of business changes or potential conflicts.
- Consulting before transitioning services (handover fees may apply).
Aureus Accounting commits to:
- Delivering transparent, value-driven financial insights.
- Ensuring clear communication and pricing.
- Meeting deadlines and providing timely responses to concerns.
11. Authority to Act & Offshore Services
- We liaise with the ATO, financial planners, insurers, bankers, and solicitors on Your behalf.
- Some services may be outsourced, but always in compliance with Australian privacy standards.
12. Termination & Engagement Terms
- Acceptance of this agreement occurs when:
- You electronically accept via our platform.
- You instruct us to commence work.
- You continue using our services beyond the initial period.
- Either party may terminate this engagement with 21 days’ notice.
- Services may be terminated immediately in cases of non-cooperation or misleading information.
- If You cancel after the 4th day of a month, full payment for that month is required.
- We may retain materials until outstanding invoices are settled.
13. Legal & Liability Considerations
- Services comply with Australian tax laws, which are subject to change.
- Our liability is limited under Professional Standards Legislation.
- Third parties cannot rely on our advice unless explicitly agreed upon.
14. Communication & Governing Law
- Clients must notify us of contact detail changes.
- We primarily communicate via email/electronic means and are not liable for delays.
- This agreement is governed by Queensland law.
15. Disputes & Complaints
- Concerns should be directed to Your engagement officer.
- Complaints regarding tax agent services may be lodged with the Tax Practitioners Board.
16. Third-Party Services & Consumer Data Rights
- We may use trusted software providers including Xero, Ignition, and ChangeGPS.
- Clients may opt to share financial data under the Consumer Data Right (CDR).
17. Legal & Consumer Rights
17.1 This Agreement complies with the Australian Consumer Law (ACL) under the Competition and Consumer Act 2010 (Cth). Nothing in this Agreement limits or excludes your rights under ACL.
17.2 If we fail to deliver our services as agreed, you are entitled to seek resolution under the ACL, including refunds where applicable.
17.3 We reserve the right to update or modify this Agreement as necessary, with reasonable notice provided.
18. Conduct & Professionalism
18.1 Aureus Accounting Program is a non-pitch environment. Unprofessional or disruptive conduct may result in membership termination.
18.2 We reserve the right to use photos and videos from live events for promotional purposes.
19. Acknowledgment & Agreement
By engaging in the Aureus Accounting Program, You acknowledge that You:
- Understand and accept these terms.
- Have the authority to enter this agreement on behalf of any relevant entity.
- Recognise our commitment to helping You achieve financial clarity and success.