Terms & Conditions


Client Agreement

The Provider Client Agreement

  1. 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 OnlineTaxExperts.com.au (Online Tax Experts)
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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 your email 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.
  10. 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.
  11. 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).
  12. 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.
  13. The Provider may change, suspend or discontinue any aspect of the Service at any time.
  14. 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.
  15. 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.
  16. 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 email, SMS and phone 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.
  17. We will handle your personal information in accordance with all relevant laws and (if applicable) the Provider’s privacy policy available from the website.

    1. 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
    2. 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.
    3. You unconditionally agree that any correspondence, acknowledgement or request forwarded to us by use of SMS/email is binding on you as though the correspondence, acknowledgement or request was forwarded by post and signed under your hand.
    4. 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.
    5. 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.
    6. 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 Queensland. 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.

Confidentiality

We will keep any information (including your account details) 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:
  1. to the extent specifically required by law; or
  2. for the purposes of this agreement (including disclosing information in connection with any query or claim).


Notice

If you wish to notify us in writing about anything relating to this agreement, you should write to info@onlinetaxexperts.com.au.

[onlinetaxexperts.com.au is a service provided by SPK Accountants Pty Ltd ACN 136 413 548, Tax Agent Registration Number 79637015.]