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Terms and Conditions

Terms and Conditions of Use

Below are our terms and conditions which apply if you access our site and/or choose to use any service provided by us. You will be deemed to have accepted these terms and conditions of our Tax Agent Services.

DEFINITIONS:

Agreement and Terms and Conditions shall have the same meaning and mean the provisions set out herein that apply to your use and access to our services and sites and incorporates our privacy policy, security policy and any other policies published by us from time to time.

Assessment means an income tax assessment issued by the ATO.

ATO refers to the Australian Tax Office.

Fees means any fees, costs, charges, disbursements or other amounts charged by us to you for use or access of any service.

Law means the laws of Australia (legislation, subsidiary acts, regulations, practice directions, rules and other requirements issued by any government authority of Australia) as applicable from time to time, including without limitation, all laws of Australia regulating the Australian tax system.

Lodgement means any completion and/or submission by you of Your Data (or any parts thereof) to us for lodgement with the ATO including a tax return.

Loss includes without limitation all direct and indirect loss, damage, demands, penalties, fines, expenses, costs (including legal costs on a solicitor/own client basis) and taxes.

Our Data means, without limitation, all data, material, content, details, information, guides, copyright, intellectual property, inventions, apps, tools, marks, links, graphics, code (including object code and source code), blogs, calculators and calendars that is available or accessible on our sites (whether directly or indirectly and whether intentionally or not).

Refund means an amount of money stated in an Assessment to be refunded to you by the ATO.

Services refers to any services and/or products that are supplied by us to you including services and/or products made available to you, or accessed by you, on one of our sites.

Sites means any website, android app or iOS app that we make available from time to time including any site that we use to offer access to services and “site” means any one of the sites as the context requires. Without limitation, “site” includes www.northcityaccountants.com.au

We, Us and Our means Accountants & Tax Agents  Pty Ltd (ABN 95 168 135 564) trading as Northcity Accountants together with all agents, officers, employees, contractors, successors and assigns of Accountants & Tax Agents Pty Ltd trading as “Northcity Accountants “ & “Accountants & Tax Agents”

You, Your, and User refers to you as the user of the Tax Agent Services and where you have appointed Accountants & Tax Agents Pty Ltd as Accountants & Tax Agents.

Your Data means, without limitation, all data, content, material, details and information (including personal and sensitive information) of any kind inputted by you in www.northcityaccountants.com.au or otherwise provided by you (whether directly or indirectly and whether intentionally or not) whilst accessing a site or service and includes Lodgements submitted by you.

GENERAL TERMS & CONDITIONS – USE OF THE SERVICES

By accessing the site and/or registering  with us, you agree to the following terms and conditions:

Terms About You and Your Access to Services

You are the person that you say you are and you will not represent yourself as someone else, engage in any fraudulent activities and your use of the site will not violate any law.

You agree that your access and use of the sites and services is on a personal basis only and you will not access or use the sites and/or services for any commercial purpose whatsoever.

You acknowledge by creating a access in www.northcityaccountants.com.au that it is your intent to use our services as your tax agent for lodgement of Your Data with the ATO and that you will not use or access our sites for any other intent or purpose.

You have uploaded your identity documents, to verify (Drivers Licence/Passport/Australian Taxation Office Notice of Assessment reference no)

You acknowledge and agree that if we may not service you, if we suspect any other behaviour deemed inappropriate.

You acknowledge that we endeavour to take reasonable care in preparing and maintaining Our Data on the site however we do not warrant that Our Data is up to date at all times, and we do not warrant the accuracy, reliability, adequacy or completeness of any of Our Data.

You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by linked sites. Links to third party sites do not constitute an endorsement. By clicking on a link you may be directed to third party sites or services. We are not liable for any Loss suffered by you attributable to using or following any link on our sites or any services offered by a third party on our sites.

Please refer to our Security and Privacy Policy for further information.

IDENTITY DOCUMENTS

Primary documents

  • Australian full birth certificate – a birth certificate extract is not acceptable
  • Australian passport
  • Australian citizenship certificate, or Extract from Register of Citizenship by Descent
  • Foreign passport
  • Medicare card
  • Australian Taxation Office Notice of Assessment :Date of Issue & Reference number.
  • One of the following cards with your photo and signature (any address on the card must match the details provided on the application)
    • Australian drivers licence
    • Australian learners permit
    • state or territory government issued proof of age card
    • state or territory government issued photo card.

 

Terms About Your Lodgements

You must ensure that all of Your Data is complete and accurate at all times during the term of your use of the services.

You cannot assume that your Lodgement has been lodged with the ATO until you receive confirmation from us that Lodgement has been lodged with the ATO.

You acknowledge and agree that on completion of any Lodgement, the terms set out under the heading Payment and Lodgement Terms will apply and you will be Liable to pay our Fees.

You are solely responsible for ensuring that any Lodgement complies with your obligations to the ATO at law.

You acknowledge that we are relying on the completeness and accuracy of Your Data, and if Your Data is not complete and accurate at all times, we may be unable to provide services to you, may refuse to provide services to you, or may report you to government authorities if we are required to do so.

You warrant that you have all supporting evidence required at law to support your Lodgement. You acknowledge that the mere entry of Your Data in your User Account will not substitute your obligations at law.

You must retain a copy of all of Your Data that has been entered through the site, including but not limited to your Lodgements, together with supporting evidence as required by law.  We will not be liable to you for any loss suffered by you attributable to your inability to access or obtain copies of any of Your Data.

Pursuant to our obligations under the Australian Consumer Law, we will deliver our services in a reasonable time period. You acknowledge that any estimated timeframe advertised or disclosed by us for receipt of a refund by you or the processing of your Lodgement with the ATO is not guaranteed or warranted. All Lodgements are subject to review by us and the ATO and delays may occur in the review process.

ATO refunds may be delayed for a number of reasons such as but not limited to inability to contact you for further details, ATO analysis and matching of reported information, occupation driven reviews, identity and fraud detection as well as details of focus within the current ATO compliance program.

You agree that by selecting to submit Your Data to us this constitutes the authorisation for us to act as your tax agent and that you are requesting and authorising us to lodge your tax return with the ATO. You submit that Your Data is true and correct and that by selecting to submit Your Data to us for review and lodgement constitutes an electronic signature to this effect.

You agree that our review, if any, of Your Data does not make us liable in any way for any inaccuracies, deficiencies or errors in Your Data or Your Data being incomplete. You remain solely liable for such matters and any Loss suffered by you attributable to such matters.

Return Not Necessary

Failing to lodge and having outstanding/ late tax returns with the ATO may incur you penalty fees. If you have lodged with us, we will highlight if you have outstanding tax return(s) with the ATO.

We will complete an amendment for you with the ATO (limited to 2 years from date of the original lodgement).

Terms About Our Data

You acknowledge that Our Data is provided as a guide only and is general in nature. Our Data has not taken into account any of your specific circumstances unless it expressly says otherwise. You must not act in reliance on any of Our Data that is general in nature without making an independent assessment of same.

We will not be liable to you if you choose to rely on Our Data without obtaining independent advice in relation to its application to your specific circumstances.  You acknowledge that nothing contained in Our Data constitutes accounting or financial advice.

You acknowledge that nothing in this agreement is intended to give you any intellectual property rights to any of Our Data or any other intellectual property rights held by us. You will not attempt to violate the security of our sites..

Your Liability to Us

You will be liable to us for any Loss we suffer attributable to your access or use of the sites or services or any breach by you of these terms and conditions.

Our Limitation of Liability

Please refer to the clause headed “Our Refund Policy” for information on the limited scenarios in which a refund may be payable.

This section “Our Limitation of Liability” has priority to any other provision of these terms and conditions or any policy incorporated into these terms and conditions.

Your use of our services and sites is at your sole risk.

To the maximum extent permitted by law we expressly disclaim all warranties, guarantees and representations implied at law. We will not be liable to you for any Loss arising from your use or access to our sites or services whatsoever and howsoever arising.

To the extent that notwithstanding the foregoing, we are found to be liable to you, you agree that our maximum liability to you shall be, in our discretion:-

  • a redelivery of any service; or
  • a refund of Fees paid by you to us.

You agree that we can suspend or cease acting for you or providing you with access or use of any services at any time if you breach a term of this agreement or we are of the opinion that we are unable to maintain a relationship of trust and confidence with you.  We will not be liable to you if we choose to do so.

Governing Law and Policies

These terms and conditions (and incorporated policies) comprises the entire agreement between you and us. It replaces all previous agreements whether oral or in writing.

You acknowledge and agree to be subject to all relevant policies that we publish on our sites from time to time and that same are incorporated into these terms and conditions on publication.

This agreement is governed by the laws of Australia and you agree to submit to the exclusive jurisdiction of the Courts of Australia.

We may update our terms and conditions at any time by providing you notice (either by email, text or on our sites). If you continue to access or use our sites or services after receiving notice of an update to our terms and conditions, you will be deemed to be bound by the updated terms and conditions.

A failure or delay by us in enforcing our rights against you shall not be deemed a waiver of those rights.

PAYMENT & REFUND TERMS AND CONDITIONS:-

General Details:

You agree to pay all Fees in accordance with these terms and conditions, Payment COD basis.

We will charge you our Fees for all services used by you. Our Fees are payable on the earlier of completion of the service before Lodgement.

A schedule of our Fees payable for services will be available on our sites and will be updated from time to time. The schedule of Fees current at the time of access or use of a service shall be applicable to you. We may update our Fees from time to time and will publish the current schedule of Fees on our site. You will be liable for any increase in our Fees if you use or access a service after the amended schedule of Fees or has been published on our site.or call our offices South Morang VIC 03 9404 2737 , Preston 03 9470 4281 , Epping 03 8457 9414 or email ;info@accountantsandtaxagents.com.au

You acknowledge that we be unable to recover the Fees owed by you, we are entitled to pursue all reasonable means in order to claim what is owing to us and all costs incurred by us (on a full indemnity basis) related to the activity of fee recovery will be payable by you on demand. You authorise us reporting your bad debt to credit reporting agencies.

We may provide options for payment such as credit card, Paypal, direct debit and other options from time to time. You are liable for any transaction costs charged by the merchant to process your payment type.

Upon purchase of a service you may be asked by the merchant or gateway service provider to supply certain information, including credit card or other payment mechanism information. You agree not to hold us liable for any Loss incurred by you as a result of using the merchant or gateway service provider via our site. You agree that all information you provide any merchant or gateway service provider through the site for purposes of making payment for services will be accurate, complete and current.

Interest

Interest shall accrue on unpaid Fees at the rate of 15% per annum calculated daily.

Fee From Refund Specifics:

By using our services you agree for us to, to the extent possible, deduct our fees from any Refund you are to receive. We refer to this as “Fee from Refund” (“FFR”). In relation to FFR, you represent and warrant to us that you expect, without qualification, to receive a Refund from the ATO and that you have no known liabilities to the ATO or any other Australian Government agencies. You irrevocably authorise us to deduct all amounts owing to us under this Agreement from the Refund before remitting the balance of the Refund (if any) to you. You acknowledge that as part of this process your Refund will be paid into our trust account, we will then deduct the amounts owing to us and then remit the balance of your Refund (if any) to your nominated bank account. You will not receive the Refund directly from the ATO.

You agree that all information you have provided in order for this process to occur is true and correct.

You acknowledge that whilst we will take every reasonable step to process the balance of your Refund within service times published on our site, we will not be liable for any delay in remitting the balance of a Refund to you.

Should:-

  • you not receive a Refund, or
  • the Refund not be of an amount sufficient to cover our Fees, or
  • we be unable to deduct all of our Fees from the Refund for any reason whatsoever;

then you will be liable for payment of our Fees (or so much of our Fees as the Refund does not cover) in full immediately on issue of the Assessment by the ATO.  Interest will accrue at 15% per annum calculated daily on overdue payments.

Nothing in this section limits your liability to us for payment of our Fees in full or Loss.

Bank Details for Refund:

You agree that the bank details supplied by you are true and accurate and that they relate to the account to which you would like your Refund processed. It is your responsibility to advise us of any change in bank account details, but you acknowledge that once provided, it may not be possible to change those details.

In the event that incorrect bank details are provided as a result of user error and we have made a transfer attempt of your refund, we reserve the right to charge a $15 admin fee, plus any bank charges incurred, which will be debited from your refund if received back before re-transferring the balance to you. Where your refund will not cover the admin and bank fees to resend your refund, we will request an upfront payment to cover the costs, prior to resending your refund.

You agree that you are solely liable for inaccuracies in bank information supplied by you and whilst we will, where reasonable, support you to recover any missing amounts resulting from inaccurate details, we will not be liable to you for any such amounts, or any other Loss attributable to the inaccurate details.

Our Refund Policy:

Except to the extent required by the Australian Consumer Law, we do not provide or offer refunds of any of our Fees.

Pursuant to the Australian Consumer Law, we may be required to provide a refund to you if you cancel the services before the services are provided (for example, before adding as our client in the tax agent portal) or if there is a major failure with the services we provide to you.

If there is a failure, but the failure is not major, then we may in our discretion determine to resolve the matter by rectifying the failure, re-providing the services to you or by offering you a refund.

The ATO’s decision to enquire, hold, delay adjust and/or audit your information is outside of our service control and does not constitute an issue with, or failure of, our services.

Please refer to the clause of these terms and conditions titled “Our Limitation of Liability” for more information on the limitations applying to our liability to you.



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