Terms of Service
Partner Agreement
This agreement sets out terms for accountants and bookkeepers who are part of Sole’s Accountant and Bookkeeper Partner Program.
Last updated: 30 June 2022
Before you will be accepted into Sole’s Accountant and Bookkeeper Partner Program, you will need to:
- Complete the online application form
- Set up your Sole profile
Sole will determine whether you are accepted to the Program or we will schedule a follow up call with you if required. Sole reserves the right to accept or decline any organisation or individual as part of the Sole Partner Program regardless of whether the partnership prerequisites have been met.
Once you have been accepted to, and as long as you remain part of, the Program, you will receive access to the applicable benefits of the Program, as modified or updated by Sole from time to time, at the specified status level, including:
- Currently being developed: Access to Sole’s Accounting and Bookkeeper portal (Sole Command Center), a subscription to manage clients centrally
- One subscription to Sole for internal use by your business
- Your profile will be added to Sole’s listing website where Sole clients will have the ability to search for your practice via the web and the app. You will be able to classify your industry experience, set up a professional profile and identify your serviceable geographic areas (including if remote working is available).
- Access to Partner-only information and support from a Sole Account Manager
To maintain status as a Sole Partner, you agree to:
- Actively promote Sole to existing and potential clients consistent with your professional and ethical obligations
- add at least one paid client subscription (not including the Sole subscription for internal use provided as part of the Program benefits) to your Partner account within 60 days of acceptance into the Program, and then maintain at least one paid client subscription to your Partner account on an ongoing basis
- Adhere to the Sole Partner Code of Conduct
- Showcase Sole (through use of our logo) on your website (if you have one) by maintaining an active hyperlink to www.sole.com.au
- Acting in good faith in the offering and use of Sole
This Partner Agreement is effective immediately upon you being accepted into the Program by Sole, and remains in force until:
- Superseded by Sole at any time effective upon the online publication of updated or modified terms – notice of relevant material updates and modifications to this Agreement will be communicated to you via email, at the email address on record
- This Partner Agreement is terminated by either party for any reason by providing one month’s notice in writing to the other party
- This Partner Agreement is terminated by either party, with immediate effect upon written notice being provided to the other party, for that other party’s material breach of any of the terms of this Partner Agreement
If this Partner Agreement is terminated for any reason, you will no longer be able to participate in, or receive the benefits of, the Program.
For the avoidance of doubt, notwithstanding the termination of this Partner Agreement, Sole’s Terms of Service will continue to apply to your use of the Services (as defined in Sole’s Terms of Service) that Sole may make available to you as a non-partner, and the following sections of this Partner Agreement will survive any such termination: “Applicability of Sole’s Terms of Use”, “Relationship of Parties” and “Indemnity”.
This Partner Agreement applies in addition to, and should be read in conjunction with, Sole’s Terms of Service. All access to Sole’s services will be subject to Sole’s Terms of Use. In the event of any inconsistency between this Partner Agreement and Sole’s Terms of Use, Sole’s Terms of Use will take priority.
No agency, partnership, joint venture or employment is created between Sole and you as a result of this Partner Agreement. You are not authorised to create any obligation, express or implied, on behalf of Sole.
You agree to indemnify Sole against any and all claims, costs, damages and/or loss that Sole may sustain or incur, as a result of any claim by a third party, including your clients and any Sole users, arising from: (a) your acts or omissions including, but not limited to, your provision of professional services, implementation support, or other products or services, (b) your breach of this Partner Agreement.
Sole partner code of conduct
This code is a framework to support Sole partners manage their interactions with clients in their accounting context. It will help prevent or deal with any disputes that may involve use of the Sole platform.
This Code does not attempt to answer every question or address every issue that may arise. Sole recognises that Partners must act in the interests of their clients and may be subject to various professional standards. This Code is intended to supplement, and not detract from, those principles.
1.1. This Code of Conduct (Code) applies to accountants and bookkeepers that have accepted the Sole Partner Agreement (Partners).
1.2. In addition to helping Partners manage client relationships, this Code is intended to provide some guidance on disputes that may arise in connection with the Sole Platform, including:
- a) fee disputes between Partners and their clients (Clients) which may threaten access to a Sole subscription by a business that uses Sole; or
- b) any other Sole subscription ownership or access disputes.
2.1. Partners play a key role in educating prospective Clients about their options for setting up their business on Sole.
2.2. When Partners sign up Clients to their firms or provide them services, Partners should provide materials to Clients, which might be incorporated into a letter of engagement or other document, that cover the following matters:
- a) a brief explanation that cloud computing services involves the storage of files on remote servers operated by third parties, which in Sole’s case, involves the use of Amazon Web Hosting in Australia;
- b) the nature of user roles on Sole, and in particular that the Subscriber to a Sole subscription has the ability to control access rights to a Sole subscription;
- c) information as to how Clients will be able to access Sole data relating to their business, including if the relationship between the Partner and the Client terminates or there is a dispute;
- d) what the Partner will require from the Client in order to facilitate a transition of accounting services from the Partner to a new accountant or bookkeeper; and
- e) what dispute resolution procedures the Partner has in place and how access to the Sole subscription will be maintained in the event of a dispute
2.3. Partners should make every effort to ensure that their employees, agents, and Clients maintain sound information technology security practices,
2.4. This clause 2 does not contain an exhaustive list of matters to be addressed with Clients. Partners should seek further advice from their professional associations in relation to requirements relating to the Client engagement process.
Where the Partner acts as the Subscriber to a Sole subscription in relation to a Client’s business:
3.1. Partners acknowledge and agree that any action to prevent or otherwise limit their Client’s access to a Sole subscription can cause disruption or loss to that business.
3.2. Partners acknowledge and agree that causing disruption or loss to a business, as described in clause 3.1 (that is, by limiting or denying access to the Sole Platform), is not an acceptable strategy to recover fees from Clients or for similar debt collection purposes.
3.3. Partners must refrain from any action in relation to a Sole subscription that would hinder their Client’s ability to continue operating their business (for example, to generate invoices, etc.), even if a dispute remains unresolved between the Partner and their Client.
4.1. Partners must take reasonable action to cooperate with any Clients that wish to transfer their services to a new Partner or to another accountant or bookkeeper using a platform other than Sole, including by providing or maintaining access to the Sole subscription, or transferring the Sole subscription as reasonably necessary to efficiently facilitate the transition.
4.2. This section does not require a Partner to prepare reports or otherwise undertake substantive work on the Sole platform for the Client without charge.
5.1. Sole expects that its Partners will observe and comply with this Code and that, in doing so, Partners will be able to more effectively manage any disputes that may occur with their Clients in relation to the Sole platform.
5.2. Where Sole becomes aware of a dispute between a Partner and a Client, Sole expects that in most cases the parties will be able to resolve the dispute directly between themselves.
5.3. Sole will endeavour to accommodate any agreed outcomes of dispute resolution processes, provided that such outcomes are reasonable and otherwise consistent with the Sole platform and Sole Terms of Use.