Definitions
- Service Provider refers to Nexus Reporting, the entity providing cryptocurrency data collation and reconciliation services.
- Client refers to the individual, entity, trust, SMSF, accounting firm, or any other party engaging the Service Provider for these services.
- Services refer to the collation, reconciliation, and reporting of cryptocurrency transactions, including profit, income, and expense analysis, based on the information provided by the Client.
Scope of services
The Services are limited to reconciling and organising data provided by the Client for the purpose of providing reports intended for use by a professional, who can apply their professional judgment and opinions for compliance. These reports adhere to the guidelines available at the time of service delivery.
The Service Provider does not offer financial, taxation, or legal advice. Reports provided are informational and must be reviewed by a professional accountant or tax advisor for compliance.
Reports are based on the information provided by the Client and may not cover all potential scenarios. The Client is responsible for ensuring the completeness and accuracy of the data.
The Service Provider cannot guarantee the applicability of the reports to future regulatory changes or decisions.
Client responsibilities
The Client agrees to provide all necessary information, documentation, and data in a timely and accurate manner.
The Client is solely responsible for ensuring the legality and compliance of their cryptocurrency activities with Australian laws and regulations.
The Client must notify the Service Provider promptly of any discrepancies or errors identified in the delivered reports.
The Client acknowledges that reports are not tax advice and should not be used exclusively for taxation purposes.
Fees and payment
Fees for the Services will be outlined in a separate agreement or invoice provided to the Client. If no quote has been provided but the report has been requested, the Client agrees to pay the amount set out on the invoice.
Payments are due within 14 days of the invoice date unless otherwise agreed in writing.
Late payments may incur additional fees or interest. Any fees incurred in recovering debts, including legal fees, will be on-charged to the Client.
Confidentiality and data handling
The Service Provider agrees to keep all Client information confidential and will not disclose any details to third parties without prior written consent, except as required by law.
The Service Provider collects and processes Client data via email or online storage systems (e.g. Google Drive, Dropbox) following ISO data security guidelines. Once processed, data is stored offline on an external drive.
Data will be retained for the period required for taxation data retention based on the type of entity for which the services are provided and securely deleted thereafter unless required by law to retain for longer.
Limitation of liability
The Service Provider shall not be held liable for any errors, omissions, or inaccuracies in the reports generated due to incomplete or inaccurate data provided by the Client.
The Service Provider is not liable for any penalties, fines, or losses incurred by the Client due to reliance on the reports. The Client agrees to seek professional judgment before using the reports for compliance.
The total liability of the Service Provider under this agreement shall not exceed the fees paid by the Client for the Services.
Indemnity
The Client agrees to indemnify and hold harmless the Service Provider against any claims, damages, or liabilities arising from the Client's use of the reports or data, including but not limited to tax audits, penalties, or legal actions.
Force majeure
The Service Provider shall not be liable for any failure or delay in providing the Services due to circumstances beyond its control, including but not limited to natural disasters, technical failures, or regulatory changes.
Termination
Either party may terminate this agreement with 14 days' written notice.
Upon termination, all fees for Services rendered up to the termination date shall become immediately payable.
The Service Provider reserves the right to terminate the agreement without notice if the Client breaches any material terms of this agreement or if a client expects the Service Provider to do something unlawful.
Governing law and dispute resolution
This agreement shall be governed by and construed in accordance with the laws of Western Australia.
Any disputes arising under or in connection with this agreement shall first be attempted to be resolved through mediation in Perth, Western Australia.
Miscellaneous
Amendments to this agreement must be made in writing and signed by both parties.
If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Intellectual property rights
The Service Provider retains all copyright (and other intellectual property rights) in everything we develop (or are involved in developing) either before or during the course of an engagement, including systems, methodologies, software, know-how, all reports, written advice and other deliverables we provide to you. All working papers prepared by the Service Provider in connection with the engagement remain our property.
You agree that we may communicate with you using electronic media. You acknowledge that electronic media is inherently insecure, may be intercepted, may not be delivered, and may contain viruses. Neither of us is responsible for loss suffered in connection with the use of such electronic means.
Acceptance
By agreeing to a quote provided by the Service Provider, the Client acknowledges that they have read, understood, and agreed to these terms and conditions, which are available on the Service Provider's website at https://nexusreporting.com.au/terms-and-conditions.html.