Terms and Conditions

Version 1.0
Effective August 2, 2024

Northgate Property Solutions

Please review these Terms and Conditions prior to accepting our Agreement.

1. Service Offer

These Terms & Conditions form part of the Services Agreement(“Agreement”) between Northgate Claims and Compliance Pty Ltd trading as Northgate Property Solutions (“Northgate Property Solutions”,“we”, “us”) and you. The scope of the services that we will be providing to you is expressed in our communication to you, together with what our charges to you will be for the provision of these services. If you are unsure of the meaning of any terms or clauses expressed here please contact us. By accepting our proposed engagement, you are confirming that you have read, understood and accept these Terms & Conditions.

 

2. Acceptance Of Offer

Before accepting this offer, you have the right to obtain independent legal advice about the terms and effect of this Agreement. You are deemed to have accepted and will have entered this Agreement, which means you will be bound by the terms and conditions set out in this document, if you either:

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  • Proceed with a free consultation with us,
  • Sign and return a copy of this document to us,
  • Electronically accept this document,
  • Give us instructions to proceed with providing the services after receiving this document,
  • Sign an agreement or letter that references these terms and conditions, or
  • Accept this Agreement orally.

 

3. Services We Provide:

Northgate Property Solutions provides educational, administrative, referral and ‘execution only’ services (this means we carry out your instructions only).

4. ASIC Registered Agent:

We are an ASIC registered agent. We charge a fee of $500 per entity we act as an agent for. This amount is separate from the government fee of $576 that is payable for the establishment of an Australian proprietary limited company.

 

The amounts stated above are included in the total price of the services that is communicated to you.

We may end our role as your agent immediately by giving written notice to you.

 

5. Services We Do Not Provide:

Northgate Property Solutions does not provide:

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  • Legal advice,
  • Taxation advice,
  • Financial product advice, or
  • Credit services.

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Northgate Property Solutions does not provide personal financial product advice, either expressly or implied. This means we never provide financial product advice that considers your personal objectives, financial situation or needs.

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Please notify us if you require any of the above services and we will be pleased to refer you to an appropriate service provider.
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6. Northgate Property Solution’s Commitment

We agree that we will:

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7. Fiduciary Relationship

If a fiduciary relationship exists between Northgate Property Solutions and you, our fiduciary duty to you is exclusively limited to providing you with our services with due care and skill in accordance with these terms and conditions.

 

8. Your Commitment

The accounts and assets of your self-managed super fund (Fund) are held in your name(s) as Trustee and under your control.

 

Accordingly, we need your cooperation so that we can effectively provide our services. As Trustee (including as Director of a corporate trustee) you acknowledge and agree that you will:

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  • Provide accurate and complete information, clear instructions and timely decisions,
  • Notify us of any proposed changes to your company personnel or structure before those changes are implemented,
  • Ensure that any activity of the Fund is in compliance with the rules contained within the SMSF Trust Deed of the Fund and the laws then applicable. If in doubt you can contact us at any time to receive professional advice around these rules,
  • Ensure at least one bank account is open and maintained as the Cash Account of the Fund. The Cash Account must only be used for transactions relating to the Fund and will not be used for any personal banking purposes,
  • Retain sufficient funds in the Cash Account to pay regular outgoings including any applicable fees under this Agreement,
  • Sign any third-party authorities, other documents or take any steps necessary to ensure that we can either directly or via intermediaries receive all information which we require for the delivery of the services,
  • Ensure that all investments are made in the Trustee’s name,
  • Provide us with any documentation or information requested for the completion of your accounts, SMSF annual return or compliance audit within 14 days of our request. If we are required to contact you on more than two occasions to provide requested documentation or information, we reserve the right to pass on additional costs resulting from our time spent on obtaining this information,
  • Indemnify us against all claims made against us or suffered by us as a direct result of you failing to comply in sufficient time, with any of your responsibilities. You acknowledge and confirm that, for the purposes of this Agreement, any reference to the obligations of you applies to both you as the Trustee and you as amember of the Fund,
  • Comply with our Terms and Conditions at all times.

 

9. Indemnity

We will exercise all reasonable care and skill in the provision of our services. We are not liable for any loss that occurs due to your actions. We are not responsible for any act, omission, deceit, neglect, mistake or default of any person, including our staff, except for any proven direct loss attributable to the gross negligence, deceit or fraud by us. To the extent permitted by law, you release us, our staff and our representatives from all liability for any claims that arise, whether directly or indirectly, as a result or consequence of:

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  • You breaching the provisions of the Trust Deed of the Fund or any applicable laws which result in the Fund being deemed non-compliant with the superannuation laws, or
  • You failing to comply, or failing to comply in sufficient time, with any of your responsibilities pursuant to the provisions of this Agreement.

 

10. Confidentiality

We will handle and protect all personal information you provide us in accordance with our Privacy Policy, which can be found on our website. You agree you have read, understood and consent to our Privacy Policy.

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You agree you will notify us if you cannot view our Privacy Policy for any reason prior to your engagement with us.

 

11. Termination and Dispute Resolution

This Agreement may be terminated by either Party for any reason by giving 30 days’ notice in writing to the other Party. If the Agreement is terminated, each party will remain liable for any outstanding fees under this Agreement or under any separate Agreement

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Upon formal termination of this Agreement, Northgate Property Solutions at its discretion may require payment of a nominal fee relating to services consumed prior to termination including work performed and access to Northgate Property Solution's systems and support services.

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This agreement will continue to be enforceable against the Trustee’s estate until the Agreement is terminated by the Trustee’s estate representative,

 

12. Duration of Agreement

This Agreement remains in force until terminated in accordance with this Agreement.

 

13. Scope of Service

If there is more than one individual acting as Trustee personally or as Directors of a corporate Trustee, then each individual is deemed to be an agent of each other individual and you each authorize and direct us to accept instructions from any one individual without the need to seek confirmation of those instructions from any other individual. Each of you agree, jointly and severally, to pay our tax invoices. Our costs are payable up to the termination of the services and for any work that we are required to do for you after termination.

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