When purchasing one or more products from Smarter SMSF to participate in the Automated Deed Update Service (‘ADUS’), you hereby agree to the terms of services as indicated below between you (the ‘Advisor’) and The SMSF Academy Pty Ltd trading as Smarter SMSF (“SS”) (A.C.N. 146 136 521) of Suite 2, Level 5, 350 Collins Street Melbourne 3000 (the “Provider”).
A. The Advisor is of the opinion that SS has the necessary qualifications, experience and abilities to provide services to the Advisor.
B. SS is agreeable to providing such services to the Advisor on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Advisor and SS (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
ADUS means the automated document update service whereby the SMSF Trust Deed of the Advisor’s clients supplied by SS meets current Superannuation Laws and certain changes to the Fund of the client.
Fund means the SMSF as a client of the Advisor that is activated to participate in the ADUS.
SMSF means Self-Managed Superannuation Fund.
SMSF Trust Deed means the Deed of the client of the Advisor at the time the service is provided.
Superannuation Laws means the Commonwealth of Australia Constitution Act 1900, Superannuation Industry (Supervision) Act 1993, the Superannuation Industry (Supervision) Regulations 1994, the Income Tax Assessment Act 1936, the Income Tax Assessment Act 1997, the Income Tax Regulations, the Corporations Act 2001,the Corporations Regulations, the Treasury Laws Amendment (Fair and Sustainable) Act 2016, the Superannuation (Excess Transfer Balance Tax) Imposition Act 2016, the Social Security Act 1991 (C’th), the Social Security Regulations, the Veterans Entitlement Act 1986 (C’th), the Veterans Entitlement Regulations, the Family Law Act 1975, the Family Law Regulations, the Bankruptcy Act 1966, Superannuation (Departing Australia Superannuation Payments Tax) Act 2006, Superannuation (Excess Concessional Contributions Tax) Act 2006, Superannuation (Excess Non-concessional Contributions Tax) Act 2006, Superannuation (Self-Managed Superannuation Funds) Supervisory Levy Amendment Act 2006 and any other law dealing with an Australian Superannuation Fund as amended from time to time.
1. The Advisor hereby agrees to engage SS to provide to the Advisor with the supply of ADUS to the SMSF Trust Deed of the clients of the Advisor once activated.
2. The Services will also include any other tasks which the Parties may agree on. SS hereby agrees to provide such Services to the Advisor.
3. All Services provided by SS to the Advisor strictly adhere to the Superannuation Laws
TERM OF AGREEMENT
4. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until the Advisor terminates the Services or defaults with payment as provided in this Agreement.
5. In the event that the Advisor wishes to terminate this Agreement the Advisor must provide 30 days’ written notice to SS otherwise payment of fees shall continue until written notice is provided by the Advisor.
6. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
7. You as the Advisor will purchase via the SS shopping cart the number of Funds that you wish to activate on the ADUS.
8. SS will charge you as the Advisor a flat fee of $77 (incl. GST) per Fund to be activated.
9. A monthly payment of the flat fee per Fund is available where the Advisor participates with a minimum of 25 Funds, otherwise the flat fee will apply as an upfront amount and will be charged automatically on the anniversary of the subscription.
10. The Advisor is responsible for any fees they wish to charge the Fund for the use of the ADUS service provided by SS.
PENALTIES FOR NON & LATE PAYMENT
11. Any non or late payments made by the Advisor may cause SS to deactivate all Funds on the ADUS and ultimately terminate the Agreement with the Advisor.
12. The SS agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information regarding the Advisor which SS has obtained, except as authorised by the Advisor or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
13. All written and oral information and material disclosed or provided by the Advisor to the SS under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the SS.
OWNERSHIP OF INTELLECTUAL PROPERTY
14. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trade mark, industrial design and trade name (the “Intellectual Property”) that is developed or produced under this Agreement, will be the sole property of SS.
15. SS and the Advisor acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for the provision of ADUS for the Funds of the Advisor.
16. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
16.1 SS: Suite 2, Level 5, 350 Collins Street Melbourne 3000 or email@example.com.
16.2 The Advisors’ address or email address as specified in this Agreement.
MODIFICATION OF AGREEMENT
17. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
TIME OF THE ESSENCE
18. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
19. The SS will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Advisor.
20. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
21. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement
22. This Agreement will be governed by and construed in accordance with the laws of the State of Victoria.
23. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
24. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.