1. Introduction

These Terms and Conditions ("Agreement") govern the provision of self-managed superannuation fund ("SMSF") administration and related services by GOSMSF Specialists Pty Ltd ("we", "us", "our") to the client ("you", "your", "Trustee"). This Agreement applies to all services provided by us, whether delivered directly, through digital platforms, or via third-party integrations. By accessing our website, engaging our services, or providing instructions to proceed, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

This Agreement must be read in conjunction with any engagement letter, fee schedule, or service proposal issued to you. In the event of any inconsistency, the specific terms outlined in a written engagement will prevail to the extent of the inconsistency. If you do not understand any provision contained within this Agreement, you are encouraged to seek independent legal or professional advice prior to acceptance. Your continued use of our services constitutes ongoing acceptance of these Terms, including any updates made from time to time.

2. Scope of Services

We will provide SMSF administration, reporting, and compliance services as agreed with you from time to time ("Services"). These Services are administrative in nature and are intended to assist you in meeting your ongoing statutory obligations under applicable superannuation and taxation laws. Services may include preparation of financial statements, preparation and lodgement of SMSF annual returns, maintenance of accounting records, coordination of independent audits, and compliance monitoring.

The exact scope of Services will be confirmed in writing through an engagement letter, proposal, or other formal communication. You acknowledge that our Services do not extend to the provision of financial product advice, legal advice, or investment recommendations unless expressly agreed under a separate written arrangement. We rely on the accuracy and completeness of information provided by you and third parties and do not undertake independent verification unless specifically engaged to do so.

You further acknowledge that we do not act as Trustee of your SMSF, nor do we make decisions on behalf of the Fund. All investment, compliance, and operational decisions remain your sole responsibility as Trustee.

3. Engagement and Acceptance

This Agreement is deemed to be accepted and binding upon you when you undertake any action that indicates your intention to engage our services. Such actions include, but are not limited to, signing and returning an engagement letter, providing written or verbal instructions to proceed, accepting a proposal referencing these Terms, or completing an online SMSF application or transfer process through our website or portal.

Prior to acceptance, you have the right to obtain independent legal, financial, or taxation advice regarding the nature and effect of this Agreement. By accepting these Terms, you confirm that you have either obtained such advice or have voluntarily chosen not to do so. Once accepted, this Agreement creates legally binding obligations on both parties, including your obligation to pay fees in accordance with the agreed fee structure.

We reserve the right to decline or cease engagement where we consider that the scope of services requested is inappropriate, incomplete, or inconsistent with regulatory requirements. Any variations to the engagement must be agreed in writing by both parties.

4. Trustee Responsibilities

You acknowledge and agree that, as Trustee (or Director of a corporate trustee), you retain full control, authority, and responsibility for the management and compliance of your SMSF. This includes ensuring that the Fund operates in accordance with the trust deed, the Superannuation Industry (Supervision) Act 1993 (Cth), and all applicable taxation and regulatory requirements.

You are responsible for maintaining accurate and complete records, ensuring that all transactions are properly authorised and documented, and providing us with all necessary information in a timely manner. You must ensure that the Fund maintains a separate bank account for SMSF transactions and that all assets are held in the name of the Trustee. You also agree to maintain sufficient liquidity within the Fund to meet expenses, including fees payable under this Agreement.

Failure to comply with these obligations may result in delays, additional costs, or compliance breaches. You agree to indemnify us against any loss, damage, or liability arising from your failure to meet your responsibilities, including any inaccuracies or omissions in the information you provide.

5. Fees and Payment

Fees for our Services will be outlined in a separate fee schedule, engagement letter, or written communication provided to you. Fees may be charged on a fixed, variable, or time-cost basis depending on the nature and complexity of the Services provided. You acknowledge that additional fees may apply for services outside the agreed scope, including but not limited to complex transactions, amended work, or delays caused by incomplete or late information.

Invoices are payable within the timeframe specified on the invoice. We reserve the right to charge interest on overdue amounts and to suspend or cease Services where payment is not received within the agreed timeframe. In certain circumstances, we may require payment in advance or retainers prior to commencing work.

You agree that all fees may be paid from the SMSF bank account where permitted by law. Where fees remain unpaid, we reserve the right to retain documents, records, or access to systems until all outstanding amounts have been settled. Any costs incurred in recovering unpaid fees, including legal costs, may be recoverable from you.

6. Limitation of Services and Liability

Our Services are limited to administrative, reporting, and compliance support. We do not provide legal advice, financial product advice, or investment recommendations unless expressly agreed in writing. We rely on the accuracy and completeness of information provided by you and third parties and do not independently verify such information unless specifically engaged to do so.

To the maximum extent permitted by law, we exclude all liability for any loss, damage, or expense arising from your use of our Services, except to the extent caused by our proven negligence, fraud, or wilful misconduct. We are not liable for any indirect, consequential, or economic loss, including loss of profits or investment performance.

You acknowledge that SMSFs are subject to complex regulatory requirements and that compliance ultimately rests with you as Trustee. We are not responsible for any penalties, tax liabilities, or regulatory actions resulting from your failure to comply with applicable laws or obligations.

7. Tax Agent Services

Where applicable, our services are delivered under our registration as a tax agent in accordance with the Tax Agent Services Act 2009 (Cth). In providing these services, we are required to comply with the professional and ethical standards prescribed under the legislation. You acknowledge and agree that, despite our involvement in preparing and lodging tax-related documents, ultimate responsibility for the accuracy, completeness, and reliability of all information provided rests with you.

You are required to maintain appropriate records and documentation as mandated by taxation laws to substantiate all claims, income, and transactions reported. Failure to maintain adequate records may result in adjustments, penalties, or interest charges imposed by the Australian Taxation Office. You also acknowledge your rights as a taxpayer, including the ability to request private rulings, lodge objections, and seek review of decisions, subject to applicable time limits.

8. Confidentiality and Privacy

We are committed to maintaining the confidentiality of your personal and financial information in accordance with applicable privacy laws, including the Privacy Act 1988 (Cth). All information provided by you will be treated as confidential and will only be used for the purpose of delivering the agreed Services.

We may disclose your information to third parties, including auditors, regulators, and service providers, where necessary to perform our Services or where required by law. We may also engage contractors or staff, including those located overseas, to assist in delivering the Services. In such cases, we will take reasonable steps to ensure that your information is handled securely and in accordance with confidentiality obligations.

You consent to the collection, use, and disclosure of your information for these purposes. We will not disclose your information to unrelated third parties without your consent unless required by law.

9. Records and Data Management

We will maintain records, working papers, and documentation in accordance with our internal quality control systems and regulatory obligations. These records remain our property and may be retained to support the work performed and to respond to future queries or regulatory requirements.

Original documents provided by you will remain your property and will be returned upon request, subject to the completion of Services and settlement of all outstanding fees. We may retain copies of such documents for our records. You are responsible for maintaining your own records in accordance with legal requirements.

We may utilise electronic systems and cloud-based platforms to store and process your data. While we implement appropriate security measures, you acknowledge that no system is completely secure and that we are not liable for unauthorised access beyond our reasonable control.

10. Termination and Dispute Resolution

This Agreement may be terminated by either party by providing written notice, typically not less than 30 days. Upon termination, all outstanding fees become immediately payable, and we reserve the right to charge a reasonable exit or administration fee for work performed up to the termination date.

We may withhold the release of records or data until all outstanding amounts have been paid. Certain records, including working papers and internal documents, will remain our property following termination.

In the event of a dispute, both parties agree to attempt resolution in good faith. If the dispute cannot be resolved through negotiation, it may be referred to mediation before legal proceedings are commenced. The costs of mediation will be shared equally unless otherwise agreed.

11. Use of Third Parties and Overseas Personnel

In the course of delivering our services, we may engage suitably qualified employees, contractors, or third-party service providers, including individuals or entities located outside Australia. These parties may assist with administrative, accounting, technology, or support functions necessary for the efficient delivery of our Services. By engaging us, you acknowledge and consent to such arrangements.

We will take all reasonable steps to ensure that any third parties or overseas personnel are subject to appropriate confidentiality obligations and data protection standards consistent with Australian regulatory requirements. Access to your information will be limited strictly to what is necessary for the performance of the Services, and such access will be subject to our supervision and control.

We remain responsible for overseeing the work performed by these parties to ensure it meets our professional standards. Your information will not be disclosed to any unrelated third party without your consent unless required by law.

12. Data Access and Authority

To enable efficient and accurate delivery of our Services, you authorise us to obtain access to relevant financial information from third-party institutions, including banks, brokers, investment platforms, and other service providers associated with your SMSF. This access may include transaction data, account balances, and investment holdings, which are required for the preparation of financial statements, tax returns, and compliance reporting.

Such access is strictly limited to a read-only basis, meaning we are able to view and retrieve information but are not permitted to initiate transactions, transfer funds, or alter account details. This authority is provided solely for administrative and reporting purposes and is essential for maintaining accurate and timely records.

You acknowledge that this authority does not grant us any control over your assets or decision-making power. Any authority to transact, invest, or deal with SMSF assets must be expressly granted under a separate written agreement.

13. Compliance and Legal Obligations

You acknowledge that a Self-Managed Superannuation Fund (SMSF) operates within a strict regulatory framework governed by superannuation and taxation laws. As Trustee, you are responsible for ensuring that the Fund complies with all applicable legal and regulatory requirements at all times. Failure to meet these obligations may result in significant consequences, including financial penalties, additional tax liabilities, loss of concessional tax treatment, or disqualification of Trustees by the Australian Taxation Office.

You further acknowledge that compliance obligations extend to maintaining proper records, adhering to the Fund's trust deed, and ensuring all transactions are conducted in accordance with relevant legislation. While we may assist in identifying potential compliance issues based on the information provided, ultimate responsibility remains with you.

To the fullest extent permitted by law, we accept no liability for any consequences arising from non-compliance, particularly where such breaches result from incomplete, inaccurate, or delayed information, or actions outside our control.

14. Governing Law and General Provisions

This Agreement is governed by the laws of the State or Territory in Australia in which the Services are provided. You agree to submit to the jurisdiction of the courts of that State or Territory. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, representations, or agreements relating to the subject matter. Any amendments must be made in writing and agreed by both parties.

We reserve the right to update these Terms from time to time. Updated Terms will be made available on our website and will apply to ongoing Services. Your continued use of our Services constitutes acceptance of any such changes.

15. SMSF Risk Disclosures and Regulatory Obligations

You acknowledge that a Self-Managed Superannuation Fund ("SMSF") is a regulated structure governed by the Superannuation Industry (Supervision) Act 1993 (Cth) and administered by the Australian Taxation Office ("ATO"). As Trustee (or Director of a corporate trustee), you accept full responsibility for the operation and compliance of the Fund.

15.1 Trustee Control and Responsibility

You acknowledge that all assets of the SMSF are held in your name as Trustee and remain under your control at all times. You are solely responsible for ensuring that:

• The Fund complies with the Trust Deed and all applicable laws
• All investments are made in the name of the Trustee
• A separate SMSF bank account is maintained and used exclusively for Fund transactions
• Sufficient liquidity is maintained to meet ongoing expenses and obligations

We do not assume responsibility for any Trustee duties or decision-making.

15.2 Compliance and Regulatory Risks

You understand that non-compliance with SMSF laws may result in serious consequences, including:

• Administrative penalties imposed personally on Trustees
• Loss of concessional tax treatment or the Fund being deemed non-complying
• Disqualification of Trustees
• Additional tax, penalties, and interest charges imposed by the ATO

We are not liable for any such outcomes resulting from your actions, omissions, or delays.

15.3 Information Accuracy and Timeliness

You are responsible for providing complete, accurate, and timely information required for the preparation of financial statements, tax returns, and audit processes. Failure to provide requested documentation within required timeframes may result in:

• Delays in lodgement
• Additional costs
• Increased risk of penalties or compliance breaches

We rely entirely on the information provided and do not independently verify its accuracy.

15.4 Record Keeping Obligations

You acknowledge your legal obligation to maintain proper and sufficient records to support all transactions, tax positions, and compliance requirements of the SMSF. Failure to maintain adequate records may result in:

• Disallowed claims
• Amended tax assessments
• Penalties and audit scrutiny by the ATO

15.5 Taxation Responsibilities

While we may act as your registered tax agent under the Tax Agent Services Act 2009 (Cth), you acknowledge that:

• You are ultimately responsible for the accuracy and timely lodgement of all SMSF tax returns
• You must retain records to substantiate all disclosures
• You retain rights to seek rulings, lodge objections, and appeal decisions, subject to statutory time limits

15.6 Audit and Regulatory Review

You acknowledge that:

• An independent audit of the SMSF is mandatory each financial year
• The ATO may review or audit the Fund at any time
• We may assist in responding to auditor or ATO queries where engaged, however responsibility remains with you

15.7 Use of Data Authorities and Third-Party Information

You authorise us to obtain read-only access to financial data from banks, brokers, and other institutions to facilitate service delivery. You acknowledge that:

• Access to such data is essential for accurate reporting
• Delays or failure to provide access may impact service delivery and compliance outcomes

15.8 Investment and Borrowing Risks

Where the SMSF undertakes investments or borrowing (including Limited Recourse Borrowing Arrangements), you acknowledge that:

• All investment decisions are made solely by you
• Certain investments may be restricted under superannuation law
• Borrowing arrangements involve additional compliance and financial risks
• We do not provide financial or investment advice unless separately engaged

15.9 No Control Over Fund Assets

You acknowledge that we do not:

• Hold, control, or transact on SMSF assets or funds
• Operate trust accounts on your behalf
• Execute transactions without your express authority

15.10 Overseas Processing and Data Handling

You acknowledge and consent that:

• Certain services may be performed by staff or contractors located outside Australia
• Your information may be accessed solely for the purpose of delivering agreed services
• Reasonable steps will be taken to ensure confidentiality and data security

15.11 No Guarantee of Compliance or Outcomes

We do not warrant or guarantee:

• That the SMSF will remain compliant where Trustee obligations are not fulfilled
• Acceptance of any tax position by the ATO
• Any financial or investment outcomes