Client Agreement - TaxReturn.com.au

The Provider Client Agreement

The following terms are defined as below for the purpose of this Client Agreement:
1. Client Agreement means this agreement made between you and the Provider, which you confirm that you have read, understood and accept by using the Service;
2. Service means the services supplied by the Provider, the nature and scope of which are contained within the Client Agreement;
3. The Provider means TaxReturn.com.au
If you choose to use the Service you will be agreeing to abide by all of the terms and conditions of this Agreement between you and the Provider.
The Service is an on-line service consisting of access to tax return preparation software and services, information and other content owned or licensed by The Provider and its suppliers and other third parties. The right to use the Service is personal to you and is not transferable to any other person. You may not use the Service to prepare and/or file tax returns as a professional business or as a paid preparer. The Tax Practitioners Board prohibits any use of this site by a person not being an employee or contractor of The Provider to do tax preparation work for a fee and you agree to comply with this condition of use.
You are responsible for all use of your account under any screen name or password by any person and for ensuring all use of your account complies fully with the provisions of this Agreement. You are responsible for protecting your confidentiality and password. You are responsible for
1. choosing a strong, un-guessable and unique password for your online account,
2. never writing your password down,
3. never storing your password on any device nor on anything carried with or likely to be lost together with a device,
4. protecting your password from being known by any other person,
5. not selecting a numeric password that represents your birth date, nor an alphabetical pass code that is a recognisable part of your name,
6. understanding that failure to follow this agreement could create risk that your tax return details are not secure or prevent you from having your return properly lodged or from receiving your tax refund,
7. in the case that you become aware that your secure password may be known to another person or that your account is accessed by another person, that you will immediately contact The Provider to report this and you will change your password to a strong password without delay.
The Provider grants you a personal, non-exclusive, non-transferable, limited licence and authorisation to access and use the Service for the purpose of preparing, calculating, filing and printing your tax return. Licence or authorisation to access, download or copy any portion of the Service’s program source code or any information about other users of the Service is not intended, and is legally denied. User identification, password, and the Provider’s computer system are to be used only for the purposes which are intended and authorised namely, personal tax calculation and filing assistance, and are not to be used for any other purpose. Unauthorised use of user identification, password and/or computer resources of the Service is a breach of this Agreement and may be punishable by law. You acknowledge that only you are allowed to use your user identification and password and will not knowingly permit access to or by others. You will not attempt to access any data or programs which form part of the Service and/or which belong to the Provider for which you are not authorised.
You agree to provide correct details, including BSB number and account number, of a bank account that your tax refund shall be transferred to (deposited into), as required by The Provider and the ATO. You understand that providing bank account details for a bank account that you do not own, control and have access to could result in your ATO tax refund being difficult or impossible for you to recover in such a case as it is transferred to a bank account about which you provided details with your tax return but this being a bank account you do not have ownership and control of. In the case that you provide The Provider with incorrect bank account details, or details of a bank account belonging to any other person, or a bank account that you do not own and retain ownership of and access to, or have not advised us of changes to your bank account details, and the transfer we make on your behalf is deposited to such an account, you agree to accept all risk and loss associated with your tax refund or other funds being transferred to such a bank account. You agree to The Provider making enquiries on your behalf with your bank, and requesting a trace on a funds transfer, and you accept that such actions are provided as a courtesy and accept responsibility in the case that funds transferred to a bank account that you do not control may not be recovered.
The Service contains copyrighted material, trademarks, and other proprietary information, all of which are protected by the laws of the Commonwealth of Australia. Except as permitted under this Agreement, or by those laws, no part of the Provider’s intellectual property or the Service may be copied, downloaded, reproduced, redistributed, retransmitted, published, resold or otherwise commercially exploited by you or by any third party without the prior written consent of The Provider. All ownership and proprietary rights of The Provider are reserved by The Provider, and any suppliers and third party content providers and licensors, as applicable.
You are responsible for paying all fees and charges and applicable taxes associated with the use of the Service. All fees and charges are non-refundable. You may, upon request, receive supporting information relating to charges to your account.
To effectively use the Service:
1. You acknowledge that you remain ultimately responsible for the truthfulness, accuracy and completion of your tax return.
2. You agree that you irrevocably for the relevant tax year appoint The Provider as your duly authorised agent to lodge your tax return with the Australian Taxation Office.
3. You agree that you will advise The Provider immediately if there are any changes to the information you previously provided for the preparation of your tax return.
4. You agree to indemnify The Provider from any loss it may suffer if any of the information you provided for the preparation of your tax return is false.
5. A Yes reply to an SMS will be accepted by The Provider as a signature and instruction to lodge your tax return according to our website Client Agreement.
6. You must notify The Provider of any failure to transmit any emails or SMS within one day and The Provider will not be responsible to you for any loss, claim, tax liabilities and expenses in respect of any failure to notify or transmit.
7. You agree to monitor the status of your tax returns via the website status page and any other notifications received by email or SMS or other means.
The Provider assures you that any information it has received from you will be kept private and confidential and that no part of that information will be passed on to any third parties (other than to the Australian Taxation Office, CPA Australia, the Tax Practitioners Board and other parties as required to carry out this agreement including, contracted tax agents, debt collection agencies, or where we have any legal requirement) without your consent.
You authorise The Provider to provide access to any information as required by CPA Australia and ISO 9001 auditors for the sole purpose of audit and quality assurance reviews and for any information to be provided to the Tax Practitioners Board as required.
The Provider may change, add or remove portions of this Agreement at any time, but if it does so it will post such changes on the Service (or send them to you via email or prepaid post).
Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will indicate your acceptance of such changes or modifications.
The Provider may change, suspend or discontinue any aspect of the Service at any time.
The use of the Service is at your sole risk. Neither The Provider, its employees, servants, agents, licensors and third party suppliers warrant the accuracy, reliability, or content of any information, service or product provided through the Service, that the Service is error free, or that the desired, expected or required results will be obtained through using the Service.
By registering for the Service, you authorise The Provider to act on your behalf in all tax matters as your appointed Tax Agent. You authorise The Provider to add your tax file number to our tax agent list at the ATO and request extensions of time if applicable and to receive all correspondence and notices and refunds or any payment from the ATO and to remit any amount held on your behalf to you by cheque to your last known address or transfer to your last known bank account. In the event that funds are returned from your bank account you authorise us to send the amount by cheque to your last known address without further contact with you.
You authorise The Provider to obtain your personal information from the ATO tax agent portal and from other government departments and banks and apply that information to your tax return along with other information supplied by you online, by post, email, SMS, phone or live chat and to lodge that information to the ATO and notify you that we have done so, notwithstanding any amounts on your tax return that may have changed. Any notification by you to cancel your tax return must be received by The Provider 24 hours before lodgement to avoid your tax return being lodged.
We will handle your personal information in accordance with all relevant laws and (if applicable) the Provider’s privacy policy available from the website.
You accept transaction fees as specified by The Provider from time to time will apply to trust account transactions and to SMS and postal communications. Receipt of a manually or digitally signed tax return will provide authority for The Provider to lodge your tax return to the ATO without further reference to you. You agree to reply to our emails or secure web messages within three days and SMS within one day and if no reply is received or The Provider is not notified of any failure to transmit within one day the return will be lodged in accordance with this agreement.
Subject to clause 21, the Service is provided on an ‘as is’ basis without warranties of any kind, whether express or implied, including but not limited to warranty as to title, or implied warranties of merchantability or fitness for a particular purpose or that the Service will be free of blockages, interruptions, delays or faults.
Where legislation implies in this Agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement. However, the liability of The Provider for any breach of such condition or warranty shall be limited, at the option of The Provider, to one or more of the following:
1. if the breach relates to goods:
  - the replacement of the goods or the supply of equivalent goods;
  - the repair of such goods;
  - the payment of the cost of replacing the goods or acquiring equivalent goods; or
  - the payment of the cost of having the goods repaired; and
2. if the breach relates to services:
  - the supplying of the services again; or
  - the payment of the cost of having the services supplied again
You agree to defend, indemnify and hold harmless The Provider, its employees, officers, directors, agents, third party content providers and licensors from and against all claims, tax liabilities and expenses, including reasonable legal fees, arising out of your use of the Service, for any purpose including tax, services and friend referrals.
You unconditionally agree that any correspondence, acknowledgement or request forwarded to us by use of SMS is binding on you as though the correspondence, acknowledgement or request was forwarded by post and signed under your hand.
Either the Provider or you may terminate this Agreement at any time. Without limiting the foregoing, The Provider may immediately terminate your account in the event of any conduct by you which The Provider, in its sole discretion, considers to be unacceptable, or in the event of any breach of this Agreement. The Provider deems any excessive usage of the Service, whether attempted or actual, that would or might disrupt or interfere with the use of the Service by others to be unacceptable conduct. This Agreement automatically terminates your licence and authorisation to use and access the Service and any content or other material contained therein.
You agree we may use subcontractors to perform or provide the Service and that these subcontractors may be located in Australia or overseas. Where we use subcontractors, we will remain responsible for the Service.
You declare that:
1. the information provided to The Provider as your registered tax agent for the preparation of this tax return, including any applicable schedules is true and correct, and
2. The Provider is authorised to lodge this tax return.
This Agreement, and all matters arising out of, or relating to it (including without limitation its enforceability), are governed by the laws applicable in the State of Western Australia. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Fee from Refund

If you choose to use the ‘Fee From Refund’ service, you are bound by the following conditions.
1. you agree to allow The Provider to request the ATO deposit your tax refund and other amounts received into Fee From Refund Pty Ltd (FFR) (ABN 99 156 638 890 user ID 432 851) audited trust account.
2. you agree to allow FFR to deduct all fees and charges and applicable taxes from your refund.
3. you understand that FFR will remit the amount of your refund less all fees and charges and applicable taxes to the account nominated by you.
4. if The Provider does not receive an ATO tax refund greater than all fees and charges and applicable taxes, you agree to pay any fees and authorise us to debit your account for the amount. If payment for your fees is not received, you understand that you will become liable for any fees incurred by The Provider in collecting your outstanding debt.
5. you understand that there is a separate processing fee for the Fee From Refund service and other services provided by The Provider; the amount of that fee is as specified by The Provider from time to time.
6. you authorise The Provider, as your tax agent, to deposit any tax refund cheque or other amount we may receive on your behalf into our trust bank account for the purpose of applying the whole or a part of it in payment of any bills for professional fees and disbursements we have rendered to you in respect of the preparation of your income tax return(s) and any other work you have instructed us to perform and any other processing services we have provided on your behalf.
7. you authorise The Provider where trust monies are received on your behalf to deduct all relevant fees and to forward the balance to your last known bank account
8. you authorise The Provider to deduct payment for any additional services selected by you on the Provider’s website.
9. you authorise us to debit your account for the amount of any adjustment to or overpayment of amounts due to or payable by you including amounts relating to your refund or other payments. Any credits due to you resulting from fee adjustments will be applied against the next year’s tax return fee. In the event that you do not complete a subsequent tax return with The Provider the credit amount will be remitted to you if requested by you in writing.
10. if payment of your fees is not received, you understand that you will become liable for any fees incurred by The Provider in collecting your outstanding debt
11. Should any variation arise with the Australian Tax Office (ATO) or your refund cheque is directly forwarded to you in error, you will pay to the Provider the full amount owed to the Provider directly within 7 days of written notice.
12. Where due to an error on the part of either the Provider, the ATO or yourself, payment is made to you in excess of the correct amount due to you by the ATO, you will refund the difference within 7 days.
13. In the event that you do not repay any outstanding amount when due, you agree that you will be liable for all collection costs and recovery charges incurred by the FFR & The provider.
14. You authorise the FFR & the provider to deduct payment of any amounts owed under this Agreement directly from your nominated bank account above, and confirm that you are the authorised signatory of the that account with authority to enter into this arrangement. You further agree not to cancel this authority until all amounts outstanding are paid to the Provider.
15. You confirm that there are no amounts outstanding to the ATO or in relation to child support and/or Centrelink in your name.
16. You understand and authorise that your Tax File Number (TFN) may be used for the purposes of reconciliation in paying your fees from refund.

Direct Debit Service Agreement

The following is your Direct Debit Service Agreement with The Provider. The agreement is designed to explain what your obligations are when undertaking a Direct Debit arrangement with us. It also details what our obligations are to you as your Direct Debit Provider.

Direct debits will be used to recover amounts deposited to user accounts in error by the Provider and for no other purpose.

The Direct Debit Service Agreement forms part of the terms and conditions of the Provider online tax agent service.

Direct Debit Definitions

Account means the account held at your financial institution from which we are authorised to arrange for funds to be debited.
Agreement means this Direct Debit Request Service Agreement between you and us.
Banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.
Debit day means the day that payment by you to us is due.
Debit payment means a particular transaction where a debit is made.
Direct debit request means the Direct Debit Request between us and you.
Us or we means the Provider, (the Debit User) you have authorised by signing a direct debit request.
You means the customer who signed the Direct Debit Request.
Your financial institution means the financial institution nominated by you on the DDR at which the account is maintained.

Debiting your account

By signing a Direct Debit Request, you have authorised us to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and you. We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request. If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.

Amendments by us

We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days’ written notice.

Amendments by you

You may change, stop or defer a debit payment, or terminate this agreement by providing us with at least fourteen (14 days) notification by writing to: support@taxreturn.com.au or arranging it through your own financial institution.

Your obligations

It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request. If there are insufficient clear funds in your account to meet a debit payment:

you may be charged a fee and/or interest by your financial institution;
you may also incur fees or charges imposed or incurred by us; and
you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.

You should check your account statement to verify that the amounts debited from your account are correct. If the Provider is liable to pay goods and services tax (“GST”) on a supply made in connection with this agreement, then you agree to pay the Provider on demand an amount equal to the consideration payable for the supply multiplied by the prevailing GST rate.

Dispute

If you believe that there has been an error in debiting your account, you should notify us directly on admin@taxreturn.com.au and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly. Alternatively you can take it up with your financial institution directly. If we conclude, as a result of our investigations, that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted. If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.

Accounts

You should check:

with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions
your account details which you have provided to us are correct by checking them against a recent account statement
with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.

Confidentiality

We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information. We will only disclose information that we have about you:

to the extent specifically required by law; or
for the purposes of this agreement (including disclosing information in connection with any query or claim).

For more information about how we collect, store and use your data, please view our Privacy Policy.

Notice

If you wish to notify us in writing about anything relating to this agreement, you should write to admin@taxreturn.com.au. We will notify you by sending a notice in the ordinary post or by email to the relevant address you have given us in the Direct Debit Request. Any notice will be deemed to have been received on the third banking day after posting. By signing and/or providing us with a valid instruction in respect to your Direct Debit Request, you have understood and agreed to the terms and conditions governing the debit arrangements between you and The Provider.

Direct Debit Request

Request and authority to debit your account and pay the Provider. You request and authorise the Provider to arrange, through its own financial institution, a debit to your nominated account any amount the Provider has deemed payable by you. This debit or charge will be made through the Bulk Electronic Clearing System (BECS) from your account held at the financial institution in the account number and BSB number that you nominated in your registration of personal details on the Provider’s website and will be subject to the terms and conditions of the Direct Debit Request Service Agreement. You acknowledgement by signing and/or providing us with a valid instruction in respect to your Direct Debit Request, you have understood and agreed to the terms and conditions governing the debit arrangements between you and The Provider as set out in this Request and in your Direct Debit Request Service Agreement terms outlined above.

[TaxReturn.com.au and The Provider is a service provided by Tax Returns Australia Pty Ltd ACN 634 295 266, Tax Agent Registration Number 25989003.]