Client Portal Terms of Use

By accessing or using the ASF Audits Client Portal (ASF Client Portal) [Note – If it has a specific name we can amend here] or by uploading, accepting, accessing, using, receiving or reading any documents or Portal Materials prepared by ASF, the Client and Authorised Users agree to these Terms and ASF's Privacy Policy.

ASF reserves the right to change these Terms at its discretion and without providing prior notice to the Client and Authorised Users. Continued use of the ASF Client Portal by the Client and Authorised Users constitutes acknowledgement to be bound by the Terms as amended.

1. Definitions

ASF means ASF Audits Pty Ltd ACN 617 518 626 and any subsidiary;

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act (as amended or replaced from time to time);

Authorised User means an officer or employee of the Client or a Client subsidiary who the Client authorises from time to time to access or use the ASF Client Portal;

Client means a client of ASF who enters into these Terms with ASF for the access and use of the Services through the ASF Client Portal;

Client Data means data or other information supplied by the Client (including on behalf of relevant self managed superfunds) to be used in connection with the ASF Client Portal that the Client provides to ASF;

Competition and Consumer Act means the Competition and Consumer Act 2010 (Cth) (as amended or replaced from time to time);

Portal Materials means the documents, information, data or materials contained in the ASF Client Portal;

Privacy Act means Privacy Act 1988 (Cth) (as amended and replaced from time to time);

Services means the SMSF audit services provided by ASF and made available to Client or Authorised User through the ASF Client Portal pursuant to these Terms;

Terms means these terms of use; and

User ID means the unique user identification to access and use the ASF Client Portal.

2. Privacy and Data Security

2.1 Privacy Policy

ASF and the ASF Client Portal collects, stores, maintains and shares information in accordance with the Privacy Act and ASF's Privacy Policy (https://ASFudits.com.au/privacy-policy/). [Confirm Link]

2.2 Access, Control and Storage

ASF agrees to provide a safe and secure environment for the ASF Client Portal in accordance with the following specifications and requirements or such amended specifications or requirements as ASF may deem reasonably appropriate of necessary from time to time.

(a) Access and Control

(1) All data and applications within the ASF Client Portal, including Client Data and Portal Materials, are protected using layered access control mechanisms, including identity‑based access controls, firewall and network security controls, malware protection, and Multi‑Factor Authentication (MFA) for user logins.

(b) Data Storage and encryption of client data

(1) All ASF data, Client Data and Portal Materials are stored on secure Microsoft Azure and Amazon AWS cloud infrastructure located in Sydney, Australia.

(2) ASF data is encrypted at rest using industry‑standard AES‑256 encryption.

(3) Microsoft Azure and Amazon AWS maintain ISO/IEC 27001, ISO/IEC 27017, and ISO/IEC 27018 certifications; certification coverage is subject to the scope defined in each provider’s audit reports for the specific services and regions used

(4) All ASF applications use TLS 1.2 (or higher) for end‑to‑end encryption of data in transit.

(c) External verification, continual monitoring and improvement

(1) ASF Audits undertakes annual external security testing, whereby an independent security specialist conducts testing of the ASF Client Portal and provides a formal report identifying any findings and recommended improvements.

(2) All systems, data (including Client Data and Project Materials), and supporting infrastructure are protected by automated security monitoring, logging, and alerting controls to detect and respond to security events.

(3)

2.3 Uploading Client Data

To the extent that the Client Data includes any Personal Information (as defined in the Privacy Act), the Client or Authorised User warrants:

(a) it has obtained the required consent and authority to use, provide, disclose and upload the Client Data to the ASF Client Portal; and

(b) use of the Client Data, in a manner consistent with the provision of the Services, will not put ASF in breach of the Privacy Act.

3. Accessing the ASF Client Portal

3.1 The Client and each Authorised User will have a User ID to access the ASF Client Portal. The User ID could take the form of a username and password, a digital certificate or another security-related technology.

3.2 ASF will provide each Client with a User ID and the Client (or ASF where agreed) will be responsible for providing each of its Authorised User with a User ID in accordance with clause 4.

3.3 The User ID may only be used for the purposes of accessing and using the ASF Client Portal and for authorising instructions or requests for the Services made available in the ASF Client Portal. Any other use of the User ID is prohibited.

3.4 If the Client or Authorised User believes another party has gained access to their User ID, they must inform ASF immediately. The User ID must not be transferred to anyone else.

4. Client Responsibilities and Obligations

4.1 The Client is responsible and determines who is an Authorised User and their access to the ASF Client Portal.

(a) where the Client is granted appropriate administration access (and subject to system capability) then the Client will be responsible for setting up the Authorised User's account and User ID; and

(b) where clause 4.1(a) does not apply, the Client may request ASF to set up the Authorised User's account and User ID and access levels.

4.2 The Client controls each Authorised User and their level of access to the ASF Client Portal at all times (whether through self-administration or instructions to ASF).

4.3 The Client can revoke or change an Authorised User's access, or level of access, at any time, and for any reason, in which case that person or entity will cease to be an Authorised User or shall have that different level of access. ASF will not be liable for any delays in processing revocations of changes required to be administered by ASF.

4.4 The Client is also responsible for removing Authorised Users from the ASF Client Portal (or providing instructions to ASF as applicable) and must ensure that an Authorised User does not access and use the ASF Client Portal after they cease to be an employee or officer of the Client.

4.5 If there is any dispute between the Client and an Authorised User regarding access to the ASF Client Portal, the Client shall decide what access or level of access to the ASF Client Portal that Authorised User will have, if any. ASF reserves the right to suspend access for any Authorised User whilst any dispute is resolved.

4.6 The Client is responsible and liable for use of the ASF Client Portal by its Authorised Users, including all acts and omissions relating to that use.

4.7 The Client must not, and must ensure that its Authorised Users do not:

(a) disclose their User ID;

(b) disclose other security information in relation to the ASF Client Portal to any third party;

(c) access and use the ASF Client Portal in breach of these Terms; and

(d) access and use the ASF Client Portal in breach of any applicable law.

4.8 The Client warrants that in providing the Services, ASF are entitled to reply on the accuracy and the integrity of any Client Data uploaded by the Client on the ASF Client Portal.

5. Termination of Access

5.1 Access to the ASF Client Portal may be terminated at any time by ASF without notice.

5.2 Without limiting clause 5.1, ASF may suspend, terminate or otherwise deny the Client or any Authorised User access to or use of all or any part of the ASF Client Portal if ASF believes that:

(a) the Client or Authorised User has accessed or used the ASF Client Portal in violation of these Terms;

(b) the Client or Authorised User is or has been involved in any fraudulent or unlawful activities relating to or in connection with the ASF Client Portal; or

(c) use of the ASF Client Portal or the transmission of Client Data by the Client or Authorised User poses a security or vulnerability risk to ASF or the ASF Client Portal.

6. Intellectual Property

6.1 Unless otherwise stated the information, materials, licence, copyright and all other intellectual property rights contained in the ASF Client Portal are the sole property of ASF excluding Client Data but including but not limited to the 'ASF' name and logo, text, images, animations, sound recordings and/or software and the arrangement of them.

6.2 Unless the Client or Authorised User has obtained prior written permission, the Client or Authorised User cannot reproduce, publish, license or alter any of the content found on the ASF Client Portal or in the Portal Materials.

6.3 No part of the ASF Client Portal or any Portal Materials therein may (in any form by any electronic, mechanical, photocopying, recording or any other means) be reproduced, stored in a retrieval system or be broadcast, sold, transmitted or be made available to any third party without the prior written consent of ASF, which consent may be withheld in ASF's absolute discretion.

7. Third-Party Services

The ASF Client Portal may include, display or make available third-party content (including information, data, applications and other product services) or provide links to third-party websites or services (Third Party Services). Except as indicated, ASF are not affiliated with, nor do ASF control, endorse, sponsor or approve of any such Third Party Services or provide any warranty or representations in respect of those Third Party Services. The Client or Authorised User access and use of the Third Party Services will be subject to such third parties’ terms and conditions.

8. Usage Data

The ASF Client Portal may collect traffic data when the Client or Authorised User accesses the ASF Client Portal. The internet server may also automatically record details about any device, computer or other electronic equipment used to access the ASF Client Portal (such as the IP address, domain name and browser type), the date and time of access, and details of the information downloaded. This information is used for internal statistical purposes and to improve the ASF Client Portal and the Services. ASF acknowledges that the Client or Authorised User may wish to disable 'cookies' which can be done by changing the web browser settings.

9. Warranties and Acknowledgements

By having a User ID and using the ASF Client Portal, the Client or Authorised User warrant and represent that they are:

9.1 legally capable of entering into binding contracts;

9.2 has read and understood these Terms; and

9.3 has not relied upon any statement, representation, warranty, guarantee, condition, advice, recommendation, information, assistance or service provided or given by ASF or anyone on its behalf, or apparently on its behalf, in respect of its decision to access and use the ASF Client Portal other than those that are expressly contained in these Terms.

10. Limitation of Liability

10.1 Subject to the remainder of this clause 10, to the maximum extent permitted by law, ASF excludes completely all liability to any person for loss, damage, personal injury, death, disease or illness of any kind (however caused, including by negligence) arising from or relating in any way to the Portal Materials and/or any use of the ASF Client Portal to access the Services.

10.2 ASF offers no guarantee or warranty in respect of the ASF Client Portal, and all representations, conditions and warranties of any nature made in relation to the ASF Client Portal are expressly excluded from these Terms and shall not bind ASF.

10.3 To the extent permitted by law, where ASF becomes liable to the Client or Authorised User in any manner for any breach of any condition or warranty expressed or implied in relation to the ASF Client Portal and its use, ASF's liability will be limited, at ASF's sole discretion to either:

(a) the supplying of the ASF Client Portal again; or

(b) the payment of the cost of having ASF Client Portal supplied again.

10.4 If any action is brought by the Client or Authorised User against ASF, pursuant to Part 5.4 Division 1 of the Australian Consumer Law, ASF's liability will be as prescribed in Part 5.4 Division 1 of the Australian Consumer Law.

10.5 To the extent permitted by law, the Client or Authorised User releases and indemnifies ASF and its officers, employees, consultants and agents from and against all actions, claims, proceedings and demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with the Client or Authorised User and whether at common law, under tort (including (without limitation) negligence), in equity, pursuant to statute or otherwise, in respect of any loss, death, injury, illness, cost or damage arising out of use of the ASF Client Portal or breach of the Terms by the Client or Authorised User.

10.6 To the extent permitted by law, ASF will have no liability to the Client or Authorised User however arising, including, without limitation, under any cause of action or theory of liability, in respect of special, indirect or consequential damages, loss of profit (whether direct or indirect) or loss of business opportunity, arising out of or in connection with these Terms or any supply made pursuant to them.

11. Breaches

If ASF elects not to exercise any of its rights arising as a result of a breach of these Terms, that will not constitute a waiver of any rights of ASF relating to any subsequent or other breach. ASF will not be in breach of any contract with the Client or Authorised User where it results from any act, matter or thing beyond the reasonable control of ASF.

12. Severance

The whole or any part of a clause of these Terms shall be capable of severance without affecting the rest of these Terms.

13. Jurisdiction

These Terms will be governed by, and interpreted in accordance with, the laws for the time being in force in South Australia and the Client or Authorised User submit to the non-exclusive jurisdiction of the Courts of, or exercising jurisdiction of, that State and waive any right the Client or Authorised User may have to claim that those Courts are an inconvenient forum.