Terms & Conditions

Overview

The following terms are conditions are to be read in conjunction with the ‘Agreement to use Superfund Wholesale SMSF Administration Services’ (the ‘Agreement’) between Superfund Wholesale Pty Ltd (“Superfund Wholesale”), and the Practice.

Service Relationships

Superfund Wholesale provides self-managed superannuation fund (SMSF) administration, accounting and tax agent services.  These services are only provided via intermediaries including financial planners, accountants and brokers referred to as the ‘Practice’ in the Agreement and these terms and conditions.

The Practice for the provision of Superfund Wholesale’s services will not be seen as providing self-managed superannuation fund (SMSF) administration, accounting and tax agent services unless they are appropriately licensed to do so, for example accountants who are registered tax agents.

It is the responsibility of the Practice to disclose to their clients who is providing the SMSF administration services and to obtain authority through provision of an SMSF Administration Service Agreement which outlines the terms and conditions applicable between the client and Superfund Wholesale.

It is also the responsibility of the Practice to ensure that their commitments are met under the Agreement to ensure Superfund Wholesale can effectively deliver services to their clients.

Risk

All risks associated with compliance under the Superannuation Industry (Supervision) Act 1993, Superannuation Industry (Supervision) Regulations 1994, Income Tax Assessment Act 1936 and Income Tax Assessment Act 1997 will remain as the responsibility of the SMSF client.

Indemnity

Superfund Wholesale will exercise all reasonable care and skill in the provision of SMSF administration, accounting and tax agent services.  Superfund Wholesale is not liable for any loss that occurs due to the actions of the client or of the Practice.
Superfund Wholesale is not responsible for any act, omission, deceit, neglect, mistake or default of any person including Superfund Wholesale’s staff or the staff of the Practice, except for any proven direct loss attributable to the gross negligence, deceit or fraud of Superfund Wholesale.  To the extent permitted by law the Practice releases Superfund Wholesale, its staff and representatives from all liability in respect of any loss and expenses incurred by the Practice.

Disclaimer

Investment Reporting

In compiling these reports, Superfund Wholesale has relied upon information supplied by a number of external sources. Consequently, Superfund Wholesale cannot and does not warrant its accuracy or completeness and to the full extent allowed by law excludes liability in contract, tort or otherwise, for any loss or damage sustained by the client, or by any other person or entity, arising from or in connection with the supply or use of the whole or any part of the information in these reports through any cause whatsoever and limits any liability it may have to the amount paid to Superfund Wholesale for the supply of such information.

All reports are produced using data made available to Superfund Wholesale as at the date of generation specified on the report. Where an asset has a reporting period of more than one month (for example cash accounts with quarterly reporting periods), inaccuracies may be introduced between reporting periods.

If information required for the publication of a report is not available at the pre-determined date of publication, Superfund Wholesale will endeavour to obtain such information from a relevant source, which may include the client and/or their financial adviser or broker. If the required information cannot be obtained by reasonable means, Superfund Wholesale may decline to publish a report until the required information is made available to Superfund Wholesale.

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