Client Engagement Terms and Conditions
JPH Group: Client engagement terms and conditions
Thank you for engaging the JPH Group.
These terms and conditions apply to all clients who engage an entity in the JPH Group to provide our taxation, accounting, business advisory and related services.
Tailoring our services to you
The annexure to these terms describes the separate entities which comprise the JPH Group business units, and the specific services which each unit provides to our clients. When you engage JPH Group, you may engage more than one business unit to act for you, if you require a range of services to be provided. For example, you may require tax and accounting advice - which is provided by our JPH Tax partnership, as well as mortgage broking services - which are provided separately by JPH Mortgages.
No referral fees or commissions
If a client is referred from one business unit to another, no JPH entity pays a referral fee or commission to another of the JPH entities.
Each business unit charges the client separately for the services which it supplies to the client.
There are some specific terms which apply to different business units
As a result of each business unit providing services of a different kind, each one has different regulatory and disclosure requirements.
So when you engage each business unit, there will be additional terms and conditions specific to those services. Those terms and conditions complement these general terms, but to the extent there is any inconsistency the specific terms and conditions prevail.
Business units have some common ownership, and common officers
Each business unit is a separate legal entity, but each unit has ownership in common with the others to varying degrees, and do have common officers and employees.
Your confidential information is kept confidential to your file within each business unit, except to the extent that you authorise JPH Group to share information between business units in order that each business unit is able to provide its services to you.
Generally that authorisation will be sought from you in person when it is apparent that you will require, for instance, tax and accounting services (provided by JPH Tax) as well as financial planning services (provided by JPH Capital). Otherwise, JPH Group will seek that authorisation from you in writing.
In some circumstances, outlined under 'Conflicts management' below, persons who work in or have an ownership interest in a particular business unit will be prevented from accessing information on your file in that business unit.
In some circumstances JPH Group may be acting on behalf of two clients in relation to a single transaction.
Generally this arises in respect of the Mint Business Brokers business unit where, for example, Mint may be acting for the vendor of a business or real estate, and sells (or proposes to sell) that business or real estate to a different client of another JPH Group business unit.
In such circumstances, JPH Group will apply the following protocols (Conflicts Protocols):
Mint will not act for both a vendor and purchaser in respect of the same business or real estate;
The other client will be represented by a separate JPH Group business unit;
Where Mint has an owner, employee or officer in common with the other JPH entity, then strict matter protocols will be effected such that no person in the JPH Group – regardless of their capacity - will have access to both client files (sometimes referred to as a 'Chinese wall');
Consistent with the JPH Group's confidentiality policies and obligations, neither JPH entity will share information about their respective clients;
Information about the respective clients' positions will only be disclosed as instructed by each relevant client, consistent with commercial arm's length dealing.
JPH Group confirms that in the above circumstances, as in every matter, each business unit charges and recovers fees and expenses only from that unit's own clients.
However, in circumstances where business units have common ownership, officers or employees, those persons or entities may benefit indirectly from services provided by another business unit under the Conflicts Protocols. To provide an example, although a common director will be prevented by the Conflicts Protocols from acting in Mint on a transaction for client B (because, say, that director acts for client A on that transaction in JPH Taxation), the common director may benefit indirectly from the services provided to Client B because they have a financial interest in Mint.
Mint Business Brokers may advertise real estate or businesses either publicly (where instructed by the client under an agreed marketing plan) or to existing clients of the JPH Group or to both.
If the JPH Group receives any instructions from other clients regarding real estate or businesses being sold by Mint Business Brokers, then Mint Business Brokers and each relevant entity in the JPH Group will immediately implement the Conflicts Protocols.
Any current or prospective client of JPH Group who has any concerns regarding these terms, the implementation of these terms or the application of the Conflicts Protocols, should immediately speak with their existing contact at JPH Group to attempt to resolve those concerns.
If those concerns cannot be resolved to the client or prospective client's satisfaction, then JPH Group will advise the client to seek independent advice (and will assist with a referral if so requested).
By engaging an entity in the JPH Group, you acknowledge and agree that you are bound by these terms and consent to each relevant entity in the JPH Group providing its services to you in the manner set out in this document. Each of those entities may separately rely on this acknowledgment.
Annexure to JPH Group terms and conditions - JPH Group Entities
Entity: JPH Group Pty Ltd ACN 125 795 959
as trustee for the JPH Group Unit Trust ABN 12 092 515 212
Services: Tax and accounting services
Entity: The partners in the JPH Taxation Services Partnership ABN 53 139 458 805
Short name: JPH Tax
Services: Business & real estate services
Entity: Mint Business Brokers Pty Ltd ACN 603 735 333
as trustee for JPH Asset Management Unit Trust ABN 89 354 462 429
Licence details: Victoria State Licence Number: 077075L. Agent: Blake Hedley
Short name: Mint Business Brokers/Mint/ JPH & Co. Real Estate
Services: Mortgage Broking
Entity: JPH Mortgage Origination Pty Ltd ACN 108 784 425
as trustee for the JP Unit Trust ABN 60 669 597 408
Services: Mortgage Broking
Licence details: Credit licensee – licence number 392272
Short name: JPH Mortgage
Services: Financial planning and advice
Entity: JPH Capital Pty Ltd ACN 604 474 464 ATF JPH
Capital Unit Trust ABN 69 363 575 833
Licence details: AFS Representative Number: 001008171
Authorised representative of Interprac Financial Planning Pty Ltd AFSL 246638
Short name: JPH Capital
Services: Legal services including conveyancing and estate planning
Entity: JPH Lawyers
JPH Lawyers Pty Ltd ACN 618 417 299
ATF JPH Lawyers Unit Trust ABN 22413156596
Short name: JPH Lawyers