Terms and conditions

1 Definitions

"We", "us", "our" means KN Managed Investments Pty Ltd ABN 33 669 078 657, trading as FBT Parking Report.

"You", "the Client" means the person or entity placing the order, and where an order is placed by an adviser on behalf of an employer, both that adviser and that employer.

"Report" means the car parking rate determination we deliver for a Location, together with the Evidence Pack.

"Evidence Pack" means the supporting material we supply with a Report, including route measurements, rate captures, correspondence records and calculation workings.

"Location" means a single employer-provided car park at a single address, for a single FBT year.

"FBTAA" means the Fringe Benefits Tax Assessment Act 1986 (Cth).

2 What we do, and what we do not do

1. We are independent car parking rate specialists. We identify commercial parking stations within the statutory radius of a Location, determine the lowest all-day parking rates applicable on the relevant dates, apply the average cost method under s 39DA of the FBTAA, and document the basis for each finding.
2. We are not registered tax agents and we do not provide tax agent services. We do not prepare, review or lodge FBT returns, we do not advise on your FBT position, and we do not advise which valuation or benefit-day method you should elect.
3. Nothing we supply is tax, legal, accounting or financial advice. A Report is a factual determination of parking rates and distances, intended to be used by you or your registered tax agent as an input to a return that you or they prepare.
4. You are responsible for obtaining your own advice on how a Report applies to your circumstances, and for the positions taken in any return.

3 Orders and acceptance

1. An order is an offer by you. A contract forms only when we confirm acceptance in writing, which we may do by email.
2. We may decline any order, including where a Location falls outside our coverage, where the information supplied is insufficient, or where we consider the work cannot be evidenced to the standard described in clause 7.
3. Where we decline an order after payment, we refund the fee in full.
4. Each Location and each FBT year is a separate order and attracts a separate fee.

4 Your obligations

1. You must give us complete and accurate information, including the street address of the employer-provided car park, the location of its vehicle entrance, and the first and last dates on which a car parking benefit was provided at that Location during the relevant FBT year.
2. You confirm that the car park identified is owned, leased or otherwise controlled by the employer. We do not verify this and do not accept responsibility for a Report prepared on an incorrect confirmation.
3. The measurement is taken from the entrance you identify. An incorrect or imprecise entrance changes which commercial parking stations fall within the statutory radius and can change the resulting rate. Where you identify a postal address rather than an entrance, we will use our judgment and record the assumption in the Report.
4. You must tell us promptly if information you have given us changes or proves incorrect. Where this happens after delivery, we will reissue the Report; a fee may apply where the change requires a fresh survey.

5 Fees, GST and payment

1. Fees are as published on our website at the time your order is accepted, or as set out in a written quotation.
2. We are not currently registered for GST. Published fees are the total payable and no GST is charged. Should we become registered, fees will be stated as exclusive of GST and GST added at the applicable rate from the date of registration.
3. Payment is due at the time of order unless we have agreed account terms with you in writing.
4. An invoice is issued on delivery of the Report.
5. Volume pricing applies automatically at the published threshold where Locations are ordered together in a single order.

6 Delivery and turnaround

1. Our standard turnaround is 24 hours from the later of order acceptance, receipt of payment, and receipt of all information we reasonably require.
2. Turnaround is measured in business hours in Queensland and excludes weekends and Queensland public holidays.
3. Where a rate cannot be substantiated to the standard in clause 7 within the standard turnaround, we will tell you before the deadline and agree a revised date with you. We will not deliver an unsubstantiated figure in order to meet a deadline.
4. Turnaround times are targets and not guaranteed, and are not a condition of the contract.

7 Basis of our findings

1. Rates are obtained from car park operators and from published sources. We record the source and date of every rate and identify in the Evidence Pack how each was obtained.
2. Where a rate is supplied to us by an operator, we rely on that operator's statement. We take reasonable steps to confirm rates in writing but we cannot verify the accuracy of information an operator gives us and do not warrant it.
3. Where we rely on a periodic rate under s 39E of the FBTAA, we confirm with the operator that the arrangement is available on a come-and-go basis before applying it, and we show the conversion arithmetic in the Report.
4. We apply the ATO's published guidance and the case law in force at the date of the Report. Tax law in this area is actively litigated and ATO guidance changes. A Report reflects our assessment at its date and we do not undertake to update it if the law, guidance or a car park's rates subsequently change.
5. Whether a particular facility is a commercial parking station can involve judgment. Where a facility is finely balanced, we say so in the Report and set out the basis on which we treated it as included or excluded, so you and your adviser can form your own view.
6. A finding that no commercial parking station within the statutory radius charged above the threshold is a complete Report and attracts the full fee.

8 Use of the report

1. A Report is prepared for the employer named in it, for the FBT year stated in it, and for use in preparing that employer's FBT return.
2. You may share a Report with that employer's registered tax agent, accountant, auditor, and with the Australian Taxation Office.
3. You must not resell a Report, publish it, or supply it to any other person as the basis for that person's own tax position, without our written consent.
4. A Report is specific to the Location, the entrance, the dates and the FBT year stated in it. It should not be applied to a different site, a different year, or a changed set of facts.

9 Post-delivery support

1. We will, at no additional charge, explain how a rate in a Report was determined, to you, your adviser, your auditor or the ATO, at any time while we hold the underlying records.
2. We retain the Evidence Pack and working papers for a Report for seven years from delivery.
3. This support is limited to explaining our own findings and workings. It does not extend to representing you in a dispute, advising on your FBT position, or preparing submissions, which are tax agent services we do not provide.

10 Intellectual property

1. We retain all intellectual property rights in our methodology, templates, databases and underlying research.
2. On payment in full you receive a perpetual, non-exclusive licence to use the Report and Evidence Pack for the purposes set out in clause 8.
3. Rate and location data we collect in the course of preparing a Report remains ours and may be used in our database for other clients, in a form that does not identify you.

11 Confidentiality and privacy

1. We keep your information confidential and use it only to provide the services, except where disclosure is required by law.
2. We do not identify you to car park operators when obtaining rates.
3. Our handling of personal information is set out in our Privacy Policy, which forms part of these terms.

12 Australian Consumer Law

1. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
2. Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by law which cannot lawfully be excluded or limited.
3. Where our services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for failure to comply with a consumer guarantee is limited, at our option, to resupplying the services or paying the cost of having them resupplied.

13 Limitation of liability

1. Subject to clause 12, our total aggregate liability arising out of or in connection with a Report, whether in contract, tort (including negligence), statute or otherwise, is limited to the fees paid to us for that Report.
2. Subject to clause 12, we are not liable for any indirect or consequential loss, loss of profit, loss of opportunity, or for any penalty, interest or additional tax imposed on you.
3. We are not liable for any loss to the extent it arises from information you gave us that was incomplete or incorrect, from a position taken in a return by you or your adviser, from a change in law or ATO guidance after the date of the Report, or from a Report being applied to a site, year or set of facts other than those it was prepared for.
4. We do not warrant any particular FBT outcome, any particular rate, or that a Report will not be challenged.

14 Cancellation and refunds

1. You may cancel an order at no charge before we begin work on it. Once survey work has begun, a cancellation fee reflecting work performed may apply.
2. If we cannot complete a Report, we refund the fee for that Location in full.
3. If a Report contains an error attributable to us, tell us and we will correct and reissue it at no charge.

15 Changes to these terms

1. We may change these terms from time to time. The version that applies to your order is the version published on this page when your order is accepted.
2. Each version carries a version number and effective date. We retain superseded versions and will supply the version applicable to any past order on request.

16 Disputes and governing law

1. If you have a concern, contact us first at hello@fbtparkingreport.com.au. We will acknowledge within two business days and try to resolve it with you directly.
2. These terms are governed by the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State.
3. If any provision is unenforceable, it is severed and the remainder continues in force.