Company Policies - Mettle Accountants

1. Introduction

Mettle Accountants (“the Firm”) is a premier provider of comprehensive commerce services, committed to excellence in accounting, finance, taxation, compliance, consulting, and advisory solutions. With a steadfast dedication to adhering to both local and international standards, our services are underpinned by rigorous compliance with the Australian Accounting Standards Board (AASB), the Australian Financial Standards, and globally recognised International Financial Reporting Standards (IFRS). These principles ensure that every engagement meets the highest benchmarks of accuracy, transparency, and accountability.

As a fully-fledged commerce firm operating in a dynamic and competitive environment, we understand that businesses today face a myriad of challenges ranging from regulatory complexity to rapid market fluctuations. Mettle Accountants prides itself on providing bespoke solutions tailored to meet the unique needs of each client while maintaining strict adherence to statutory requirements and ethical practices. Our objective is to empower clients with actionable insights and robust strategies that facilitate sustainable growth and long-term value creation.

Our commitment extends beyond compliance. We strive to embody the core values of professionalism, integrity, and client-centricity. This document outlines the foundational principles, terms, and policies that govern our engagements with clients. It reflects our unwavering dedication to delivering superior quality services while upholding the trust and confidence our clients place in us.

By choosing Mettle Accountants, you engage with a firm that:

Ensures compliance with the highest standards of financial reporting, taxation, and regulatory frameworks, minimising risks and fostering confidence.
Upholds the ethical principles enshrined in the Code of Ethics for Professional Accountants (APES 110), ensuring independence, objectivity, and transparency in all dealings.
Utilises cutting-edge methodologies and tools to deliver efficient, reliable, and precise outcomes tailored to the evolving needs of businesses and individuals.

Our policies are designed to establish clear expectations, delineate mutual responsibilities, and promote transparent communication between the Firm and its clients. These policies not only guide our internal operations but also serve as a roadmap for the professional relationships we cultivate.

In the evolving global landscape of commerce and finance, compliance with local and international standards is critical. Our team remains abreast of legislative changes, regulatory developments, and industry best practices to ensure that our services remain relevant, compliant, and impactful. Whether addressing intricate taxation issues, navigating the complexities of financial audits, or devising strategic growth plans, we are equipped to deliver solutions that resonate with the specific objectives of our clients.

We recognise that trust is the cornerstone of our client relationships. Therefore, every aspect of our operations, from initial consultations to the delivery of final outputs, is guided by a commitment to ethical conduct and professional excellence. Our terms and policies encapsulate this ethos, ensuring a consistent and principled approach across all interactions.

As you engage with Mettle Accountants, you can rest assured that your business interests are supported by a team of seasoned professionals who prioritise your success. This document serves as a comprehensive guide to our operational framework and highlights the mutual responsibilities inherent in our engagements. Together, we can build a partnership grounded in trust, innovation, and excellence, driving results that exceed expectations.

Simplified;

These Terms and Conditions govern the services provided by Mettle Accountants (“the Firm”) to its clients (“the Client”). By engaging our services, the Client agrees to be bound by these terms, which are compliant with the Australian Accounting Standards Board (AASB), the Australian Financial Standards, and applicable International Financial Reporting Standards (IFRS).

2. Scope of Services

2.1 Accounting Services

The Firm provides accurate, transparent, and timely accounting services, ensuring compliance with AASB and IFRS. These services include but are not limited to financial statement preparation, bookkeeping, and reconciliations.

2.2 Finance and Advisory

Comprehensive financial strategies, risk assessments, and fiscal planning are offered to enhance operational efficiency and profitability.

2.3 Taxation Services

All taxation services are rendered in accordance with the Australian Taxation Office (ATO) guidelines, ensuring the accurate preparation and lodgment of tax returns, GST compliance, and tax advisory.

2.4 Compliance and Regulatory Services

The Firm ensures adherence to statutory obligations under Australian legislation, including ASIC regulations, Corporations Act compliance, and ethical standards set forth by CPA Australia and Chartered Accountants ANZ.

2.5 Consulting

Business and financial consulting services are tailored to client-specific needs, including market analysis, business restructuring, and strategic growth initiatives.

Please Contact Mettle Accountants on 1800 METTLE, to book a consultation for a comprehensive list of services provided to clients.

3. Engagement Policy

Mettle Accountants prioritises the establishment of clear and transparent terms for all client engagements. This section outlines the policies that govern the initiation, continuation, and termination of professional relationships, ensuring that both parties understand their respective obligations and rights. The engagement process is designed to foster mutual trust, accountability, and alignment with regulatory and ethical standards.

3.1 Engagement Letters

Mandatory Documentation: Every professional engagement begins with a formal engagement letter. This document is essential to define the scope of work, deliverables, timelines, fees, and specific responsibilities of both the Firm and the Client.
Customisation: The engagement letter is tailored to the specific services requested by the Client, ensuring clarity and precision. Any changes to the agreed terms require a mutually signed amendment to the engagement letter.
Legal Binding: The engagement letter constitutes a legally binding agreement, and by signing it, the Client acknowledges their understanding and acceptance of its terms.

3.2 Scope of Services

Definition and Limitations: The scope of services is clearly delineated to avoid ambiguities. Any additional work outside the defined scope will be treated as a separate engagement and may incur additional fees.
Client-Specific Customisation: Services are customised to meet the Client’s specific needs while adhering to relevant standards, including AASB and IFRS.

3.3 Client Responsibilities

Timely and Accurate Information: The Client is responsible for providing all necessary documents, data, and information in a timely and accurate manner. Delays or inaccuracies may impact the delivery of services and could result in additional costs.
Compliance and Cooperation: The Client must ensure compliance with all applicable laws and regulations and cooperate fully with the Firm during the engagement.
Access and Assistance: Where required, the Client shall provide access to personnel, facilities, and systems relevant to the engagement.

3.4 Firm Responsibilities

Professional Standards: Mettle Accountants will deliver services in accordance with applicable professional, legal, and regulatory standards, ensuring the highest level of quality and ethical conduct.
Confidentiality: All client information will be handled with the utmost confidentiality, except as required by law or agreed upon in writing.

3.5 Communication and Updates

Regular Reporting: The Firm provides regular updates on the progress of the engagement, including any challenges, deviations, or additional requirements encountered.
Client Liaison: A designated point of contact will be assigned to facilitate effective communication between the Client and the Firm.

3.6 Fees and Adjustments

Fee Structure: The engagement letter outlines the fee structure, including any contingencies or conditions that may result in fee adjustments.
Scope Adjustments: If the scope of work changes due to unforeseen circumstances or additional Client requests, a formal variation to the engagement letter will be issued, including updated timelines and fees.

3.7 Termination of Engagement

Mutual Right to Terminate: Either party may terminate the engagement by providing written notice, subject to the terms outlined in the engagement letter.
Obligations Upon Termination: Upon termination, the Client is responsible for settling any outstanding fees and providing access to the Firm to complete any necessary handover processes. The Firm will ensure the orderly conclusion of ongoing tasks and return any client-provided materials.
Non-Compliance: The Firm reserves the right to terminate the engagement if the Client fails to comply with its obligations, including providing timely and accurate information or failing to meet payment terms.

3.8 Dispute Resolution During Engagement

Amicable Resolution: The Firm encourages open dialogue to resolve any concerns or disputes during the engagement.
Escalation Process: If a resolution cannot be reached through informal discussion, the matter may be escalated to mediation or arbitration in accordance with Australian laws.

3.9 Review and Renewal

Periodic Reviews: Long-term engagements are subject to periodic reviews to assess performance, compliance, and scope adjustments.
Renewal Process: Upon completion of the agreed scope, the engagement may be renewed or extended through mutual agreement and a revised engagement letter.

Confidentiality

Confidentiality is a cornerstone of the professional relationship between Mettle Accountants (“the Firm”) and its clients. We are committed to safeguarding all client information and ensuring it is used solely for the purposes agreed upon in our engagements. This section outlines the Firm’s confidentiality policies, including data handling, security measures, and disclosure limitations.

4.1 Commitment to Confidentiality

Ethical Obligation: The Firm adheres to the highest ethical standards, as prescribed by the Code of Ethics for Professional Accountants (APES 110), to maintain confidentiality in all professional dealings.
Non-Disclosure Commitment: All information, whether financial, operational, or personal, provided by the Client is treated as strictly confidential and will not be disclosed to any third party without prior consent, except as required by law or regulatory authorities.

4.2 Data Handling and Security

Secure Data Storage: Client data is stored in secure, encrypted systems that comply with the Privacy Act 1988 (Cth) and other applicable Australian data protection laws.
Restricted Access: Access to confidential information is restricted to authorised personnel within the Firm who require it to perform their duties.
Data Retention Policy: The Firm retains client data only for the period necessary to fulfill the engagement or as required by law. Upon the completion of an engagement, data is securely archived or destroyed in accordance with applicable regulations.

4.3 Use of Client Information

Purpose-Specific Use: Client information is used solely for the purpose of delivering agreed-upon services. The Firm will not use client data for any unauthorised purposes, including marketing or promotional activities.
Anonymisation: Where information is used for training, research, or benchmarking purposes, all client-identifiable data will be anonymised to ensure privacy.

4.4 Disclosure Exceptions

Legal and Regulatory Compliance: Confidential information may be disclosed if required by law, regulatory authorities, or court orders. The Firm will notify the Client of such disclosures, where permitted, to ensure transparency.
Professional Obligations: Disclosure may also occur to comply with mandatory professional or ethical standards, such as quality reviews conducted by accounting or auditing bodies (e.g., CPA Australia or Chartered Accountants ANZ).
Third-Party Service Providers: In certain circumstances, the Firm may engage third-party service providers or consultants. Such engagements are subject to confidentiality agreements ensuring these third parties maintain the same level of confidentiality as the Firm.

4.5 Client Responsibilities

Confidentiality Reciprocity: The Client is also expected to maintain the confidentiality of all proprietary methods, reports, advice, and information shared by the Firm during the engagement.
Reporting Breaches: The Client must notify the Firm immediately if they suspect or become aware of any unauthorised access to confidential information shared with the Firm.

4.6 Breach of Confidentiality

Internal Investigations: Any suspected breach of confidentiality by the Firm will trigger an immediate internal investigation to assess the scope and impact.
Remediation Measures: The Firm will take appropriate remedial actions to address and rectify any breach, including notifying affected clients, offering support, and enhancing data security measures.
Client Recourse: Clients impacted by a breach are encouraged to raise their concerns through the Firm’s grievance process for prompt resolution.

4.7 Data Transfer Across Jurisdictions

Cross-Border Data Handling: For multinational engagements, the Firm ensures that any transfer of client data across jurisdictions complies with international data protection laws, including the General Data Protection Regulation (GDPR) where applicable.
Client Consent: The Firm will obtain explicit consent before transferring data to jurisdictions with differing legal standards on confidentiality and privacy.

4.8 Training and Awareness

Employee Training: All Firm employees undergo rigorous training on confidentiality policies, data protection standards, and secure data handling practices.
Ongoing Compliance: Regular audits and updates ensure that the Firm’s practices remain aligned with evolving legal and professional requirements.

By implementing robust confidentiality protocols, Mettle Accountants ensures that every client’s sensitive information is protected, fostering trust and maintaining the integrity of the professional relationship.

5. Professional Standards

Mettle Accountants is firmly committed to maintaining the highest levels of professionalism, integrity, and ethical conduct. Our operations are governed by globally and locally recognised professional standards, ensuring that we consistently deliver services of superior quality while fostering trust and accountability in our relationships with clients, stakeholders, and the broader community.

5.1 Adherence to Ethical Standards

Code of Ethics: Our practices are guided by the Code of Ethics for Professional Accountants (APES 110), emphasising fundamental principles of integrity, objectivity, professional competence, confidentiality, and professional behavior.
Conflict of Interest: The Firm ensures that conflicts of interest are identified, disclosed, and appropriately managed to uphold impartiality and objectivity.
Independence and Integrity: We maintain independence in all engagements, particularly in auditing and assurance services, ensuring unbiased and transparent outcomes.

5.2 Compliance with Regulatory Standards

Australian Standards: Mettle Accountants operate in strict compliance with the Australian Accounting Standards Board (AASB), the Australian Financial Standards, and the Corporations Act 2001.
International Standards: We align with the International Financial Reporting Standards (IFRS) and other global benchmarks to meet the needs of clients with international operations or obligations.
Taxation Compliance: Our tax-related services adhere to the requirements of the Australian Taxation Office (ATO) and relevant international tax treaties, ensuring full compliance with statutory obligations.

5.3 Quality Assurance and Continuous Improvement

Quality Control Systems: The Firm follows rigorous quality control systems as outlined in APES 320: Quality Control for Firms, ensuring that all services meet professional and regulatory standards.
Internal Reviews: Regular internal reviews and audits are conducted to assess adherence to policies, identify areas for improvement, and implement corrective measures.
External Peer Reviews: We welcome and participate in external peer reviews conducted by professional accounting bodies, such as CPA Australia and Chartered Accountants ANZ, to validate the quality of our services.

5.4 Client-Centric Professionalism

Tailored Solutions: Our services are customised to address the unique challenges and objectives of each client while adhering to applicable standards and regulations.
Transparent Communication: We prioritise open, honest, and professional communication, ensuring clients are fully informed throughout the engagement.
Responsiveness and Accountability: Mettle Accountants is committed to addressing client queries, concerns, and feedback promptly, demonstrating accountability in all interactions.

5.5 Commitment to Professional Development

Continuous Learning: All team members engage in ongoing professional education and training to stay updated with evolving standards, laws, and best practices.
Specialisation and Expertise: Our team includes specialists in various domains, ensuring that we deliver expert advice and solutions across a broad spectrum of financial and business needs.
Innovation and Technology: We leverage cutting-edge technology and methodologies to enhance service delivery, accuracy, and efficiency, ensuring our practices remain at the forefront of industry standards.

5.6 Ethical Responsibility to Stakeholders

Public Interest: We recognise our responsibility to act in the public interest, balancing the needs of clients with broader societal and economic considerations.
Sustainability and ESG: The Firm incorporates environmental, social, and governance (ESG) considerations into its advisory and operational practices, supporting clients in meeting ethical and sustainability goals.
Transparency in Reporting: Mettle Accountants emphasises transparency and accountability in all reporting and disclosures, reinforcing confidence among stakeholders.

5.7 Global Best Practices Alignment

Harmonisation with International Standards: Our adherence to International Standards on Auditing (ISA) and IFRS ensures consistency and reliability for clients with global operations.
Cross-Border Expertise: We are adept at navigating the complexities of international compliance, trade, and financial reporting requirements, offering seamless solutions for multinational clients.

Mettle Accountants’ unwavering dedication to professional standards underpins every service we provide.

6. Fees and Payments

Mettle Accountants is committed to transparency and fairness in its fee structures, ensuring that clients fully understand the costs associated with our services. Our policies on fees and payments are designed to reflect the value and quality of our work while fostering mutual trust and accountability.

6.1 Fee Structure

Customised Pricing: Fees are determined based on the scope, complexity, and duration of the engagement and are outlined in the engagement letter.
Hourly and Fixed Rates: Depending on the nature of the service, fees may be charged at an hourly rate or as a fixed fee for defined deliverables.
Additional Costs: Any out-of-pocket expenses or third-party costs incurred on behalf of the client will be disclosed and agreed upon in advance.

6.2 Payment Terms

Invoice Schedule: Invoices are issued as per the agreed schedule outlined in the engagement letter, typically on a monthly or milestone basis.
Due Dates: Payment is required within the specified period (e.g., 14 or 30 days) from the invoice date unless otherwise agreed. Late payments may attract interest or penalties.
Payment Methods: We accept various payment methods, including electronic funds transfer, credit card, and other secure payment options, for client convenience.

6.3 Fee Adjustments

Scope Variations: Any changes to the scope of work that result in additional services or time will require a formal amendment to the engagement letter and may incur additional fees.
Annual Reviews: For ongoing engagements, fees may be reviewed annually to reflect changes in scope, market conditions, or regulatory requirements.

6.4 Dispute Resolution on Fees

Client Queries: Clients are encouraged to raise any concerns regarding fees promptly.
Resolution Process: Disputes will be addressed amicably through dialogue and, if necessary, through formal mediation or arbitration.

7. Liability and Indemnity

Mettle Accountants is committed to providing services with the highest degree of care, professionalism, and adherence to applicable standards. This section defines the scope of liability, limitations, and indemnity obligations to create a clear understanding of the responsibilities between the Firm and its clients.

7.1 Limitation of Liability

Extent of Liability: Mettle Accountants’ liability for any claims, damages, or losses arising from the provision of services is strictly limited to the amount of fees paid for the engagement in question, except where otherwise required by law.
No Guarantee of Outcomes: While we employ industry best practices, we do not guarantee specific financial, legal, or business outcomes resulting from our services.
Indirect and Consequential Loss: The Firm is not liable for indirect, special, punitive, or consequential damages, including, but not limited to, loss of profits, revenue, reputation, or opportunity, whether arising from negligence, breach of contract, or otherwise.
Force Majeure: Mettle Accountants shall not be held liable for delays, non-performance, or damages arising from events outside its reasonable control, such as natural disasters, governmental actions, pandemics, or technological disruptions.

7.2 Exclusions of Liability

Client-Supplied Data: The Firm shall not be responsible for errors, omissions, or inaccuracies resulting from incomplete, inaccurate, or misleading information provided by the Client.
Third-Party Actions: The Firm is not liable for any actions, omissions, or decisions made by third parties based on reports, advice, or recommendations provided by Mettle Accountants.
Regulatory Penalties: Any penalties, fines, or sanctions imposed by regulatory authorities due to the Client’s non-compliance with applicable laws are solely the Client’s responsibility.

7.3 Client Indemnity

Indemnification for Third-Party Claims: The Client agrees to indemnify and hold harmless Mettle Accountants, its employees, and affiliates against any claims, liabilities, or damages arising from the misuse of services or reliance on deliverables by third parties.
Compliance Obligations: The Client is responsible for adhering to all relevant statutory and regulatory requirements. The Client indemnifies the Firm against losses incurred due to the Client’s failure to meet these obligations.
Legal Costs: The Client agrees to indemnify the Firm for any reasonable legal costs incurred in defending claims arising from the Client’s actions, omissions, or use of services, unless caused by the Firm’s proven negligence or misconduct.

7.4 Professional Indemnity Insurance

Mettle Accountants maintains professional indemnity insurance in compliance with industry and legal requirements. This insurance provides additional assurance to clients and protects the Firm against potential liabilities arising from professional engagements.

7.5 Dispute Resolution

Amicable Resolution: The Firm prioritises resolving disputes amicably through negotiation and open dialogue to mitigate risks and maintain professional relationships.
Alternative Dispute Resolution (ADR): If a resolution cannot be achieved through negotiation, disputes may be referred to mediation or arbitration as agreed between the Firm and the Client.
Jurisdiction: Any disputes shall be governed by the laws of Australia, and the parties agree to submit to the exclusive jurisdiction of Australian courts.

7.6 Limitations in International Engagements

Jurisdictional Compliance: For clients operating across multiple jurisdictions, the Firm’s liability is limited to advice and services rendered in accordance with Australian laws and applicable international standards.
Cross-Border Indemnities: The Client agrees to indemnify the Firm against any liabilities arising from international engagements that result in jurisdictional conflicts or additional compliance obligations.

By clearly defining liability and indemnity, Mettle Accountants ensure that both parties have a transparent understanding of their responsibilities, fostering trust and mitigating potential risks in the professional relationship.

8. Dispute Resolution

At Mettle Accountants, we believe in maintaining strong, transparent, and professional relationships with our clients. In the event of a dispute or disagreement arising out of or in connection with the services provided, we are committed to resolving such issues promptly, efficiently, and fairly. This section outlines the process for handling disputes between the Firm and its clients, ensuring that both parties have access to a structured approach for resolution.

8.1 Open Communication and Negotiation

Initial Discussion: If a client has concerns or believes there is a dispute, they are encouraged to contact Mettle Accountants immediately. We will strive to engage in an open, honest, and constructive conversation to fully understand the nature of the concern.
Negotiation in Good Faith: Both the Firm and the client agree to engage in negotiations in good faith to resolve the issue at hand. This includes listening to each other’s perspectives, reviewing the facts, and exploring possible resolutions.
Internal Escalation: If the issue cannot be resolved at the initial point of contact, the matter will be escalated internally to senior management or a designated dispute resolution officer within Mettle Accountants for further review and action.

8.2 Alternative Dispute Resolution (ADR)

Mediation: If the dispute cannot be resolved through direct negotiation, both parties agree to attempt mediation. Mediation is a voluntary, confidential process where an independent third party (the mediator) helps facilitate communication between the parties to help them reach a mutually acceptable resolution. The mediator’s role is not to make decisions, but to assist in resolving the dispute amicably.
- Appointment of Mediator: If mediation is required, the parties will mutually agree on an experienced mediator. If an agreement cannot be reached, Mettle Accountants will propose an appropriate mediator from a recognised mediation body.
- Mediation Costs: The costs of mediation will generally be shared equally between both parties unless otherwise agreed upon in writing.
Arbitration: Should mediation fail to result in a resolution, arbitration may be pursued as a more formal alternative. In arbitration, an independent third party (the arbitrator) will be appointed to hear both sides of the dispute and make a binding decision.
- Arbitration Agreement: The decision to arbitrate will be mutual, and the parties will agree on the arbitrator’s selection, terms, and procedures.
- Binding Decision: The arbitrator’s decision will be final and binding, with limited opportunities for appeal.
- Arbitration Costs: The costs of arbitration will be borne by the parties as per the arbitrator’s direction, unless otherwise agreed upon in advance.

8.3 Timeframe for Dispute Resolution

Timely Resolution: Mettle Accountants is committed to addressing disputes as quickly as possible to prevent escalation. We aim to resolve matters within 30 days from the initial notification of the dispute.
Escalation: If the dispute remains unresolved after the initial 30-day period, the client may escalate the matter to formal ADR processes (mediation or arbitration).

8.4 Jurisdiction and Governing Law

Australian Jurisdiction: Any disputes arising out of or in connection with the services provided by Mettle Accountants, including the interpretation and enforcement of these terms, shall be governed by the laws of Australia.
Exclusive Jurisdiction: Both parties agree that any legal proceedings or actions related to the dispute will be handled in the appropriate Australian courts. The parties consent to the exclusive jurisdiction of Australian courts to resolve any unresolved disputes.

8.5 Confidentiality During Dispute Resolution

Confidential Process: All parties involved in the dispute resolution process—whether through negotiation, mediation, or arbitration—are required to maintain confidentiality regarding the dispute and any materials, discussions, or outcomes related to the resolution process.
Non-Disclosure: The Firm and the client agree not to disclose the existence of the dispute or any settlement terms to any third parties unless required by law or for the enforcement of any settlement or arbitrated decision.

8.6 Preservation of Relationship

Professional Conduct: Both Mettle Accountants and the client agree to maintain a professional and respectful attitude throughout the dispute resolution process, acknowledging that a resolution is in the best interests of both parties.
Ongoing Engagements: If the dispute involves ongoing services, the Firm and the client agree to continue fulfilling the terms of the original agreement unless mutually agreed otherwise.

By establishing a clear and structured dispute resolution process, Mettle Accountants seeks to minimise the potential for conflict, facilitate timely resolution of issues, and maintain strong professional relationships with our clients. We are committed to finding fair, equitable, and mutually beneficial solutions in all circumstances.

9. Compliance with Standards

Mettle Accountants is dedicated to maintaining the highest standards of professional practice, ensuring strict compliance with relevant accounting, financial, legal, and regulatory requirements. Our commitment to compliance is integral to the delivery of reliable and trustworthy services and reinforces our role as a responsible corporate entity. We follow a comprehensive set of local, national, and international standards to ensure the highest quality of service, operational transparency, and risk mitigation. This section outlines the various standards we comply with, including those set by regulatory bodies, industry associations, and international organisations.

9.1 Australian Accounting Standards

Mettle Accountants operates in full compliance with the Australian Accounting Standards (AAS), which are issued by the Australian Accounting Standards Board (AASB). These standards govern the preparation and presentation of financial statements in Australia and ensure that financial information is reliable, comparable, and transparent.

Financial Reporting: We ensure that all financial reporting and statements adhere to AASB guidelines, ensuring that they accurately reflect the financial position of our clients and are consistent with best practices.
Auditing and Assurance: Our auditing services comply with the Auditing and Assurance Standards as established by the Auditing and Assurance Standards Board (AUASB). These standards ensure that audits are conducted in accordance with rigorous quality and ethical requirements, contributing to the integrity of financial reporting.
Compliance with Corporations Act 2001: We operate in accordance with the Corporations Act 2001, which provides the legislative framework for corporate governance, financial reporting, and auditing in Australia. This ensures that our clients’ operations and financial reporting meet Australian legal and regulatory obligations.

9.2 International Financial Reporting Standards (IFRS)

For clients operating internationally or those with cross-border operations, Mettle Accountants adheres to the International Financial Reporting Standards (IFRS), as issued by the International Accounting Standards Board (IASB). These standards provide a global framework for financial reporting and are designed to bring consistency, transparency, and accountability to financial statements across borders.
Global Consistency: By adhering to IFRS, we help clients ensure that their financial statements are comparable with those of businesses worldwide, enhancing transparency and trust among international stakeholders, investors, and regulatory bodies.
IFRS for SMEs: For small and medium enterprises (SMEs), we provide tailored solutions that comply with the IFRS for Small and Medium-sized Entities (SMEs), which are designed to reduce the complexity of financial reporting without compromising the quality of the information presented.
Cross-Border Compliance: Our expertise in IFRS enables us to assist clients in navigating the complex regulatory landscape when operating in multiple jurisdictions, ensuring full compliance with local and international accounting standards.

9.3 Australian Taxation Law

Mettle Accountants ensures full compliance with Australian tax legislation, as regulated by the Australian Taxation Office (ATO). We are committed to ensuring that all tax-related services, including preparation and filing of tax returns, advisory services, and compliance reporting, align with the current tax laws and guidelines.

Income Tax Compliance: We provide accurate and timely tax advice that aligns with the Income Tax Assessment Act 1997 and other relevant tax legislation, ensuring that clients minimise their tax liabilities while remaining fully compliant with the law.
Goods and Services Tax (GST): Our services include assistance with GST reporting and compliance, ensuring clients meet their obligations under the A New Tax System (Goods and Services Tax) Act 1999.
International Taxation: Mettle Accountants also assists clients with international taxation issues, ensuring compliance with Australian tax laws as well as relevant double taxation treaties and international tax regulations.

9.4 Ethical Standards and Professional Conduct

Mettle Accountants is committed to adhering to the Code of Ethics for Professional Accountants as issued by the Accounting Professional & Ethical Standards Board (APESB). These ethical guidelines ensure that all our professionals operate with integrity, objectivity, and independence in all client engagements.

Integrity and Objectivity: We ensure that our services are delivered with complete integrity, maintaining objectivity and impartiality, particularly in sensitive situations such as audits, financial reporting, and conflict resolution.
Confidentiality: We abide by the highest standards of confidentiality, ensuring that all client information is safeguarded and only disclosed as required by law or with client consent.
Professional Competence and Due Care: Mettle Accountants ensures that all services are provided with professional competence, due care, and diligence, maintaining the skills and knowledge necessary to meet evolving regulatory requirements.

9.5 Risk Management and Quality Control

To ensure compliance with regulatory standards and mitigate the risk of non-compliance, Mettle Accountants has established a comprehensive risk management framework. This framework includes regular quality assurance reviews and internal audits, designed to identify and address potential risks to compliance.

Quality Control: We adhere to the APES 320 Quality Control for Firms standard, which provides guidance on maintaining high-quality standards in our professional services.
Internal Controls: Our internal control processes ensure that all services are delivered consistently and in compliance with the applicable standards, while minimising the risk of errors, fraud, or non-compliance.
Ongoing Training and Development: We provide continuous professional development and training to our staff, ensuring they are well-versed in the latest accounting, financial, and regulatory changes, and that they maintain a strong understanding of the standards relevant to their work.

9.6 Other Relevant Standards

In addition to the above, Mettle Accountants is committed to complying with a variety of other relevant standards and regulations, which include:

International Standards on Auditing (ISA): For auditing and assurance services, we comply with the International Standards on Auditing (ISA) issued by the International Federation of Accountants (IFAC).
Environmental, Social, and Governance (ESG) Standards: As part of our commitment to sustainable practices, we assist clients in integrating ESG standards into their operations and reporting frameworks, ensuring that they meet the growing demand for responsible corporate practices.
Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF): We ensure that all financial activities are conducted in compliance with AML/CTF legislation, preventing the misuse of financial services for illegal activities.

By adhering to these diverse standards, Mettle Accountants not only ensures compliance with applicable laws but also enhances the quality, transparency, and credibility of its services. This commitment to high professional standards underpins our reputation as a trusted advisor and partner to our clients.

10. Intellectual Property

At Mettle Accountants, we value the importance of intellectual property (IP) and recognise its role in fostering innovation, protecting original ideas, and ensuring the security of valuable business assets. This section defines the ownership, use, and protection of intellectual property rights in relation to the services provided by the Firm, and it aims to safeguard both the interests of Mettle Accountants and its clients.

10.1 Ownership of Intellectual Property

Firm’s Intellectual Property: Mettle Accountants retains exclusive ownership of all intellectual property developed, created, or generated in the course of providing services, including but not limited to, proprietary tools, software, methodologies, databases, templates, reports, designs, and any other work products created by our professionals. This includes all content produced by the Firm, such as written reports, financial analyses, presentations, and tax advice.
Client’s Intellectual Property: Any intellectual property owned by the client and provided to Mettle Accountants, such as logos, trademarks, business plans, financial data, and client-specific documents, remains the sole property of the client. The Firm acknowledges the client’s ownership of such intellectual property and commits to safeguarding it throughout and after the completion of the engagement.
License to Use Client Materials: For the purpose of fulfilling the terms of the engagement, the client grants Mettle Accountants a limited, non-exclusive, revocable license to use their intellectual property during the course of the engagement. This license is solely for the purpose of providing services and is subject to the terms of the engagement agreement.

10.2 Confidentiality and Protection of Intellectual Property

Confidential Information: Both parties agree to protect confidential information related to intellectual property in accordance with the Firm’s confidentiality policy. This includes any proprietary information or materials related to the client’s business, operations, and intellectual property that are disclosed to Mettle Accountants during the course of the engagement.
Non-Disclosure Obligations: Mettle Accountants agree not to disclose, use, or reproduce the client’s intellectual property or confidential information for purposes other than those specifically authorised in the engagement agreement, unless required by law or with prior written consent from the client.
Secure Storage: The Firm will take reasonable steps to ensure the secure storage of all client materials, including intellectual property, in both physical and electronic formats. These materials will be kept confidential and protected from unauthorised access or use.

10.3 Use of Third-Party Intellectual Property

Third-Party Materials: In some instances, Mettle Accountants may use third-party intellectual property, such as software, research, or technical solutions, to perform services for the client. In such cases, the Firm will ensure that it has the necessary licenses or rights to use the third-party materials and that the client’s use of these materials is compliant with any licensing or copyright restrictions.
Client’s Responsibility for Third-Party IP: If the client provides or requests the use of third-party intellectual property, the client represents and warrants that it has the appropriate rights to use such third-party materials and indemnifies Mettle Accountants from any claims arising from the use of these materials.

10.4 Intellectual Property Rights Following Termination of Engagement

Return or Destruction of Client Materials: Upon the completion or termination of the engagement, Mettle Accountants will return or destroy any client-specific intellectual property or confidential information in its possession, as per the client’s instructions. The Firm will retain copies of such materials solely for the purpose of complying with any legal or regulatory obligations, or for the Firm’s records, provided that such copies are stored securely and maintained in confidence.
Continued License for Use: Any licenses granted by the client to Mettle Accountants for the use of client materials may remain in effect even after the termination of the engagement if necessary for post-engagement matters, such as audit follow-up or compliance reporting. However, such usage will be limited strictly to the scope outlined in the engagement letter.

10.5 Protection of Firm’s Intellectual Property

Protection of Proprietary Tools and Methodologies: Mettle Accountants’ proprietary tools, methodologies, templates, and other intellectual property assets are protected by copyright, trademark, and other applicable intellectual property laws. These assets are integral to the Firm’s business and may not be used, copied, or reproduced by the client without prior written consent.
Non-Compete on Firm’s Proprietary Tools: The client agrees not to develop, reverse-engineer, or use any of Mettle Accountants’ proprietary tools, methodologies, or other intellectual property for purposes unrelated to the specific engagement or after the termination of the engagement.

10.6 Dispute Resolution Related to Intellectual Property

Dispute Resolution Process: In the event of any disagreement or dispute regarding the ownership or use of intellectual property during the engagement, the parties agree to resolve the matter using the dispute resolution process outlined in the terms of the engagement. This includes negotiation, mediation, or arbitration if necessary.
Injunction and Legal Action: If the client or Mettle Accountants believes that their intellectual property rights have been violated or infringed upon, they may seek legal remedies, including an injunction or compensation, as provided under relevant intellectual property laws.

10.7 Intellectual Property and Exit Strategy

Transition of Intellectual Property: In the event that the client decides to discontinue services with Mettle Accountants, a mutually agreed-upon exit strategy will be developed to ensure that intellectual property rights are respected, and the client receives any relevant deliverables or proprietary tools they are entitled to.
Assistance with Transition: Mettle Accountants will provide reasonable assistance to the client in transitioning intellectual property rights and any related materials to a new service provider or in-house team, ensuring that the client has full access to their intellectual property as necessary.

10.8 Ongoing Compliance with Intellectual Property Laws

Updates and Changes: Mettle Accountants is committed to ongoing compliance with changing intellectual property laws and regulations. We continuously monitor legislative changes, case law, and industry practices to ensure that our services, and the intellectual property we create, remain compliant with applicable laws and best practices.
Client’s Role in Intellectual Property: The client is encouraged to maintain proper documentation and protection for their own intellectual property, including trademark, patent, and copyright registrations, to ensure that their rights are fully recognised and protected under the law.

Through these policies, Mettle Accountants ensures the proper protection, use, and ownership of intellectual property, providing clarity and security for both the Firm and its clients. This framework fosters a trustworthy and legally compliant environment for the development, use, and sharing of valuable intellectual assets.

11. Amendments

Mettle Accountants acknowledges that business environments, regulatory frameworks, and client needs are subject to change. To ensure the ongoing relevance and effectiveness of our Terms and Conditions and related policies, we reserve the right to amend, modify, or update these documents as necessary. This section outlines the procedures for making amendments to the Terms and Conditions, the scope of such amendments, and how they will be communicated to clients.

11.1 Right to Amend

Firm’s Discretion: Mettle Accountants may, at its sole discretion, amend, modify, or update these Terms and Conditions at any time. Amendments may be made in response to changes in law, regulatory requirements, industry standards, or internal policy adjustments. Additionally, amendments may be driven by operational improvements, technological advancements, or the evolution of client service requirements.
Types of Amendments: Amendments to the Terms and Conditions may involve modifications to the services we offer, changes to pricing or payment structures, updates to legal or regulatory compliance requirements, or changes to the terms governing our professional relationships with clients. We also reserve the right to update and adjust policies related to data protection, privacy, intellectual property, and dispute resolution as required.

11.2 Notification of Amendments

Communication Method: Mettle Accountants will provide notice of any amendments to these Terms and Conditions by posting the updated version on our website or through direct communication with affected clients. We will strive to notify clients promptly of any material changes, ensuring that all parties are aware of the updated terms.
- Website Update: The latest version of the Terms and Conditions, including any amendments, will be available on our official website. The date of the most recent revision will be clearly indicated on the website to provide transparency regarding when the amendments were made.
- Direct Communication: In cases where the amendments are significant, Mettle Accountants may also notify clients directly through email, formal correspondence, or by providing updated documents as part of ongoing service engagements.
Client Responsibility: It is the responsibility of the client to regularly review the Terms and Conditions available on the website. Clients are advised to periodically check for updates to ensure they are informed about any changes that may affect their engagement with Mettle Accountants.

11.3 Effective Date of Amendments

Date of Effect: Amendments to these Terms and Conditions will become effective on the date specified by Mettle Accountants in the notification. If no specific date is provided, the amendments will take effect immediately upon posting on the Firm’s website or upon formal communication to the client, whichever is applicable.
Existing Engagements: Unless otherwise agreed, the amendments will apply to all future services provided after the effective date. For ongoing engagements, amendments may apply to the client’s next set of services, but any prior engagements or contractual obligations will continue to be governed by the version of the Terms and Conditions in place at the time the services were agreed upon.

11.4 Client Consent to Amendments

Continued Use of Services: By continuing to use the services of Mettle Accountants after the effective date of any amendments, the client agrees to be bound by the updated Terms and Conditions. The client’s continued engagement with the Firm will be deemed as acceptance of the amended terms.
Objection to Amendments: If a client does not agree with the amendments to the Terms and Conditions, they have the right to raise concerns or terminate the engagement in accordance with the termination provisions outlined in the agreement. If the client wishes to terminate the agreement due to the amendments, they must provide written notice to Mettle Accountants within a reasonable time frame as specified in the engagement letter.

11.5 Partial Invalidity of Amendments

Severability: If any part of an amendment to the Terms and Conditions is found to be invalid, illegal, or unenforceable under applicable law, the remaining provisions will remain in full force and effect. The invalid or unenforceable portion will be modified to the extent necessary to make it valid and enforceable, while still reflecting the original intent of the amendment.
Limited Impact on Other Terms: Any amendment or modification to the Terms and Conditions shall not affect other unrelated provisions. For example, changes to the payment structure or fees will not alter the confidentiality or intellectual property clauses unless explicitly stated.

11.6 Documentation of Amendments

Version History: Mettle Accountants will maintain a version history of all amendments to these Terms and Conditions, including details of the nature of the changes and the effective dates. This version history will be accessible to clients upon request and will serve as a record of all prior amendments.
Internal Record-Keeping: We will ensure that all changes to the Terms and Conditions are properly documented and recorded internally for legal, compliance, and operational purposes. This record-keeping process helps maintain consistency and transparency in the application of amendments across all client engagements.

11.7 Feedback and Consultation on Amendments

Client Input: While Mettle Accountants reserves the right to amend these Terms and Conditions unilaterally, we welcome and encourage feedback from clients regarding proposed amendments. In certain cases, clients may be consulted about significant changes, especially those that impact the nature of services provided or their ongoing relationship with the Firm.
Consultation Process: Where feasible, Mettle Accountants may invite client consultation on major amendments, particularly in cases where the changes significantly affect the delivery of services or regulatory compliance obligations. This consultation may occur through direct meetings, client surveys, or other forms of engagement, depending on the nature of the amendment.

11.8 Temporary Suspension or Postponement of Amendments

Deferral of Amendments: Mettle Accountants reserves the right to delay or postpone the implementation of certain amendments based on feedback or unforeseen circumstances, particularly when the changes are likely to cause significant disruption to clients or ongoing engagements.
Interim Adjustments: In cases where immediate amendments are necessary (such as those required by law or regulatory bodies), we may implement temporary or interim changes with immediate effect, provided these changes are later formalised through the appropriate notification process.

Through this comprehensive amendment policy, Mettle Accountants ensures that our Terms and Conditions remain up-to-date, flexible, and reflective of the needs of our clients and the evolving regulatory landscape. This policy enables us to provide high-quality, compliant services while maintaining transparency and fairness in our relationship with clients.

12. Governing Law

The legal framework governing the services provided by Mettle Accountants, as outlined in these Terms and Conditions, is of paramount importance in ensuring clarity, consistency, and enforceability of all obligations and rights between the Firm and its clients. This section defines the jurisdiction, applicable laws, and legal principles under which these Terms and Conditions will be interpreted and enforced. It also outlines how disputes will be resolved and the applicable legal processes in the event of conflicts.

12.1 Jurisdiction

Exclusive Jurisdiction of Australia: These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the Commonwealth of Australia. Any legal proceedings arising out of or related to these Terms and Conditions, including disputes, claims, or enforcement actions, shall be subject to the exclusive jurisdiction of the courts of Australia. Clients expressly agree to submit to the personal jurisdiction of these courts for any matters related to the enforcement or interpretation of these Terms and Conditions.
State-Specific Jurisdiction: For clients who are located in specific Australian states or territories, the courts of the state or territory where Mettle Accountants operates or where the services are provided may also have jurisdiction over disputes related to these Terms and Conditions. In this case, clients agree that disputes may be adjudicated in the courts of the relevant jurisdiction, even if the Firm is located in a different jurisdiction.

12.2 Applicable Law

Australian Law: The laws of the Commonwealth of Australia, including but not limited to the Corporations Act 2001, Income Tax Assessment Act 1997, Australian Consumer Law, and Privacy Act 1988, will apply to the interpretation and enforcement of these Terms and Conditions. All legal obligations, rights, and remedies available to Mettle Accountants or its clients under Australian law will be governed by these provisions, in addition to any relevant industry standards and regulatory guidelines.
International Laws for Cross-Border Engagements: In cases where Mettle Accountants provides services to clients outside of Australia, the governing law may extend to international treaties, conventions, and agreements that apply to cross-border transactions, trade, or finance. In such instances, relevant international laws and conventions—such as the United Nations Convention on Contracts for the International Sale of Goods (CISG) or International Financial Reporting Standards (IFRS)—may apply, where applicable.

12.3 Dispute Resolution and Enforcement

Dispute Resolution Procedures: In the event of a dispute arising from or in connection with these Terms and Conditions, Mettle Accountants and the client agree to attempt to resolve the issue amicably through informal negotiations or alternative dispute resolution (ADR) methods, including mediation or arbitration, before resorting to formal legal action. ADR procedures will be conducted in Australia and will adhere to the relevant rules and practices of the chosen method.
- Mediation: If informal resolution is unsuccessful, the parties may agree to engage a professional mediator to facilitate a resolution. The mediator will be selected by mutual consent and will assist in reaching an agreement in a neutral and confidential setting. Mediation proceedings will take place in a location agreed upon by the parties or as specified in the engagement agreement.
- Arbitration: If mediation does not result in an acceptable solution, the dispute will be submitted to binding arbitration. Arbitration will be conducted in accordance with the Arbitration Act 1985 (or any applicable successor legislation) and will be binding on both parties. The arbitration will take place in a venue agreed upon by both parties or, if no agreement is reached, in a jurisdiction determined by the appointed arbitrator.
Court Actions: If a dispute cannot be resolved through informal means, mediation, or arbitration, the parties may resort to litigation in the appropriate court. Mettle Accountants and the client agree that the courts of the Commonwealth of Australia, including any relevant state or territory courts, shall have exclusive jurisdiction to resolve such disputes. Any judgments or orders issued by these courts will be final and binding on both parties.

12.4 Choice of Law in Cross-Border Contracts

International Clients: For clients based outside of Australia, if the terms of the engagement require services to be provided internationally, the laws of Australia will still apply, unless the parties expressly agree in writing to the application of the law of the client’s home jurisdiction. In these instances, Australian law will be used as the primary governing law in all legal matters unless otherwise stipulated.
Recognition of Foreign Judgments: If legal proceedings are initiated in a jurisdiction outside of Australia and a judgment is rendered in favor of one party, both Mettle Accountants and the client agree that the foreign judgment will be recognised and enforced in Australia, subject to Australian legal principles regarding the enforcement of foreign judgments. Similarly, if legal proceedings are initiated in Australia regarding international engagements, the judgment may be recognised and enforced in the client’s home jurisdiction, subject to local laws and enforcement procedures.

12.5 Enforcement of Terms and Conditions

Enforceability of Provisions: If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable under the applicable law, the remainder of these Terms and Conditions will remain in full force and effect. The parties agree that the unenforceable provision will be modified or replaced with a valid provision that reflects the original intent of the provision to the greatest extent possible under the law.
Continued Obligation: Notwithstanding any changes to the Terms and Conditions or the unenforceability of certain clauses, both Mettle Accountants and the client remain obligated to comply with the remaining provisions of these Terms and Conditions. This includes obligations related to confidentiality, payment, intellectual property rights, indemnities, and any other binding agreements that remain valid and enforceable.

12.6 Waiver of Rights

No Waiver of Rights: Failure by Mettle Accountants or the client to assert a right or claim under these Terms and Conditions, or to enforce any provision, will not be deemed a waiver of that right or claim. The parties acknowledge that any waiver must be expressly granted in writing and signed by an authorised representative of both parties.
Continued Effect of Rights: The rights of Mettle Accountants and the client to enforce any provision of these Terms and Conditions will remain unaffected by any delay or non-enforcement of such rights. Any waiver or indulgence granted by either party will not constitute a permanent waiver and will apply solely to the specific instance in question.

12.7 Legal Compliance and Updates

Adherence to Legal Reforms: Mettle Accountants will continuously monitor any updates or amendments to relevant laws and regulations that may affect these Terms and Conditions. The Firm commits to adapting these Terms and Conditions to comply with any legislative changes and will notify clients of any changes through the procedures outlined in the Amendments section of this document.
Compliance with Local and International Laws: In cases where the laws of different jurisdictions apply, Mettle Accountants will ensure compliance with all applicable legal requirements, including those related to tax, financial reporting, privacy, data protection, and other areas of business law. Clients acknowledge that they must also comply with all relevant local, national, and international laws applicable to their business activities.

Through these provisions, Mettle Accountants aims to create a transparent and legally sound framework for its engagements with clients, ensuring that both parties are aware of their rights and obligations under the governing law and jurisdiction. These terms are designed to protect both the Firm and its clients, providing a clear mechanism for dispute resolution and ensuring that all legal matters are handled in a consistent, fair, and enforceable manner.

13. Contact

For any queries or clarifications, please contact:

Mettle Accountants

Email: info@mettleaccountants.com.au

Phone: 1800 METTLE