Ezy Tax Online

TERMS & CONDITIONS

1. ACCEPTANCE

1.1 These Terms are between Ezy Tax Solutions Pty Ltd t/a Ezy Tax Online (ABN 34 159 882 238), its successors and assignees (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that uses, orders or purchases Services from us (referred to as “you” or “your”), and collectively the Parties. These Terms apply to all Services provided by us to you.
1.2 You agree that these Terms form the entire agreement under which we will supply Services to you. Please read these Terms carefully. Please contact us if you have any questions using the contact details at the end of these Terms. Using, ordering or purchasing our Services indicates that you have had sufficient opportunity to read these Terms and contact us if needed; that you have read, accepted and will comply with these Terms, and that you are 18 years or older (or if you are under 18 years, you have the consent of a legal guardian to use, order or purchase the Services from us).  You must not use, order or purchase the Services if you are under 18 years if you do not have the consent of a legal guardian to use, order or purchase the Services from us. If you do not agree to these Terms, you must not use, order or purchase the Services from us.

2. ACCOUNT

2.1 You may be required to create an account in order to purchase Services from us.  You must ensure that any personal information you give to us when creating an account is accurate and up-to-date.
2.2 When you create an account, we will give you certain account details (such as a username and password).  It is your responsibility to keep your account details confidential.  You are liable for all activity on your account, including any orders or purchases made using your account details.

3. SERVICES

3.1 You may order Services from us, in accordance with the process set out on the Site. Any order placed through the Site is an offer by you to purchase the selected Services according to the price schedule set out on the Site (or as otherwise agreed in writing between you and us) (Order). Each Order is subject to, governed by, and will incorporate these Terms. To the extent of any ambiguity or discrepancy between the Order and these Terms, these Terms will prevail.
3.2 You acknowledge and agree that:
(a) we may, at our absolute discretion, accept or reject any Order placed by you for the selected Services. We will endeavour to notify you of a rejection within a reasonable time after the time of the placement of the Order;
(b) each Order that we accept results in a separate binding agreement between you and us for the supply of the selected Services in accordance with these Terms. Subject to clause 3.4 and 4, the extent of our Services will be limited exclusively to the Order;
(c) by submitting an Order:
(1) you authorise us to add you as our client with the Australian Taxation Office for taxation purposes;
(2) f applicable, you authorise us to prepare and lodge your tax return, and perform all incidental or related activities, based on the information provided by you; and
(3) if applicable, you authorise us to amend your tax return, if in our reasonable opinion, we are of the view that an amendment is necessary (including, but not limited to, aligning the information you provide to us with any records held about you by the Australian Taxation Office);
(d) we do not have an impact on, and will not be liable for:
(1) if applicable, the amount of any tax refund received by you; or
(2) the processing time of the Australian Taxation Office; and
(e) if applicable, we will direct the Australian Taxation Office to deposit any tax refund to the nominated account you provide to us at the time you placed an Order with us.
3.3 We may provide the Services to you using our employees and they are included in these Terms. Third parties who are not our employees will be your responsibility. We are not responsible for the products or services provided by those third parties.
3.4 3.4 You may order additional Services from us by placing an Order on our Site, or by requesting additional Services from us in writing. If you request additional Services from us in writing, we may, in our absolute discretion, provide you with a quote specifying the Fees for the additional Services. Each quote provided to you will be subject to, governed by, and will incorporate these Terms.
3.5 We agree to provide the Services in accordance with the relevant professional and ethical standards issued by the Accounting Professional & Ethical Standards Board (APESB).

4. VARIATIONS

4.1 Our pricing schedule, payment terms, payment methods as set out on the Site (Payment Terms) and these Terms may be amended, from time to time, at our discretion.  The changes will apply to you for Services ordered or purchased by you after the date of the change, and in any event, no earlier than the date that the amended or new Terms are made available to you on the Site.  After a change, you have the choice to continue using the Services, or to cease to use the Services without penalty.
4.2 You may request a Variation to the Services, by providing written notice to us, with details of the Variation.  We will not be obliged to vary the Services, unless:
(a) we confirm:
(1) that we accept the Variation; and
(2) the effect of the Variation, including to the Fee (Variation Fee) in writing to you;
(b) the Fee has been adjusted to reflect the Variation Fee; and
(c) you have paid us the Fee (as adjusted by the Variation Fee) in accordance with the Payment Terms.

5. FEE, INVOICING AND PAYMENT

5.1 You agree to pay us the Fee, in accordance with the Payment Terms.
5.2 You acknowledge and agree that the Payment Terms differ between the Services, as set out on the Site (or as otherwise communicated by us to you, from time to time).  For Services where the full Fee is required to be paid upfront, we will not provide any Service, until full payment of the Fee is received by us from you.
5.3 All amounts on the Site are stated in Australian dollars.  All amounts include Australian GST.
5.4 Payment may be made by way of a deduction from your tax refund, credit card, PayPal, BPay, direct debit, or other payment methods, as set out on the Site when purchasing our Services.
5.5 If you elect to pay by way of a deduction from your tax refund, you:
(a) authorise us, and hereby provide all permissions and consents necessary to enable us, to deduct the Fee from your tax refund; and
(b) if there are any errors or variations in the tax refund, or if the tax refund is forwarded to you directly, you will do all things necessary to pay the Fee and any other amounts payable under these Terms, including by allowing us (or a third party nominated by us) to direct debit the amount from your nominated account and to pay any collection costs and charges incurred by us.  You agree to sign all documents and give any permission or consents necessary to give effect to this clause.
5.6 If you elect to pay by methods other than by a deduction from your tax refund, you agree to pay our invoice for the Fee within 2 days from the date of the invoice (or as otherwise set out on the invoice).
5.7 If any payment has not been made by the relevant due date under these Terms, we may (at our absolute discretion):
(a) immediately cease providing the Services, and recover as a debt due and immediately payable from you, our costs of doing so;
(b) (b) charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 8% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date;
(c) engage debt collection services and/or commence legal proceedings in relation to any such amounts; and/or
(d) report you to any independent credit data agencies.

6. CANCELLATION

You may cancel your order at any time prior to our preparation of the Services. For the purpose of this clause, preparation commences at the time when we start work on, or commence performing the Services. You acknowledge and agree that to the maximum extent permitted by law, and other than as expressly provided under these Terms, you may not cancel your order once we have commenced preparation of the Services.

7. YOUR OBLIGATIONS AND WARRANTIES

7.1
(a) there are no legal restrictions preventing you from agreeing to these Terms;
(b) you will keep, and provide to us on request, any relevant receipts, tax invoices and other records or documents reasonably required by us to perform the Services or to comply with any applicable laws, for a minimum of 5 years from the date we supply the Services or as otherwise required by law;
(c) you will cooperate with us and provide us with information that is reasonably necessary to enable us to perform the Services, to comply with any law or APESB standard, as requested by us from time to time, and comply with these requests in a timely manner;
(d) the information you provide to us is true, correct and complete (including as to bank account details and exclusions of any private percentage from deductions) and that you are aware of the penalties associated with giving false or misleading information;
(e) you will allow us to make a reasonable number of copies of any documents you provide to us in order for us to provide you with the Services;
(f) you will not breach any applicable laws, including, without limitation, any relevant tax laws or law relating to tax evasion;
(g) you will not infringe any third party rights in working with us and receiving the Services;
(h) you will not violate the security of our Site, including, but not limited to, downloading source code, propagating malicious programs or viruses or interfering with the operation of our computer systems;
(i) you will inform us if you have reasonable concerns relating to our provision of Services under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns;
(j) you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions;
(k) you consent to the use of your name and Intellectual Property in relation to the Services in a way which may identify you;
(l) if applicable, you hold a valid ABN which has been advised to us; and
(m) if applicable, you are registered for GST purposes.

8. INTELLECTUAL PROPERTY

8.1 You agree that, as between you and us, all Intellectual Property rights in the Materials, developed by or on behalf of you, in the provision of the Services, after acceptance of these Terms, will vest in you on and from the date on which you satisfactorily perform all of your obligations, and pay all amounts due and payable to us, under these Terms. You acknowledge and agree that the Materials should not be used by you for any purpose other than the purpose for which it was prepared.
8.2 Despite any provision to the contrary, nothing in these Terms will operate to assign or transfer to you any of our Intellectual Property rights, where those Intellectual Property rights either existed prior to the date of acceptance of these Terms or where we developed, adapted, modified or created those Intellectual Property rights independently of you or these Terms (Our IP).
8.3 You must, upon the acceptance of these Terms, grant us a perpetual, royalty-free, world-wide, unconditional and irrevocable licence to use, develop adapt and modify (Use) all Intellectual Property owned by, or licensed to, you and that is relevant to the provision of the Services, for the purpose of us providing you with the Services and complying with any applicable laws in the provision of the Services.
8.4 If you (or any of your employees, contractors or agents) have any Moral Rights in any material provided, used or prepared in connection with these Terms, you must (and must ensure that your employees, contractors or agents) consent to the use or infringement of those Moral Rights.
8.5 To the maximum extent permitted by law, you indemnify, and must continue to indemnify, us against any Liability or Claim we suffer or incur arising from or as a consequence of a breach of this clause by you.
8.6 This clause 8 will survive the termination of these Terms.

9. CONFIDENTIAL INFORMATION

9.1 We, including our employees, agree not to disclose your Confidential Information to any third party (other than, where necessary, to third party suppliers, or as required by law); to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you and ancillary business purposes, and not for any other purpose. All personal information that you give to us will be treated in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).
9.2 You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you and not for any other purpose.
9.3 These obligations do not apply to Confidential Information that:
(a) is authorised to be disclosed;
(b) is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
(c) is received from a third party, except where there has been a breach of confidence;
(d) is required to be disclosed for the performance of the Services; or
(e) must be disclosed by law or by a regulatory authority including under subpoena.
9.4 This clause 9 will survive termination of these Terms.

10. FEEDBACK AND DISPUTE RESOLUTION

10.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us.
10.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
(a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them at an initial meeting.
(b) If the Parties cannot agree how to resolve the dispute at the initial meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Queensland Law Society to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
10.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.

11. TERMINATION

11.1 We may terminate these Terms immediately, at our sole discretion, if:
(a) you commit a non-remediable breach of these Terms;
(b) you commit a remediable breach of these Terms and do not remedy the breach within 30 days after receiving notice of the breach;
(c) we consider that a request for the Service is inappropriate, improper or unlawful;
(d) you fail to provide us with clear or timely instructions or information to enable us to provide the Services;
(e) we consider that our working relationship has broken down including a loss of confidence and trust;
(f) an invoice is overdue and you fail to pay an invoice within 30 days from the due date; or
(g) for any other reason outside our control which has the effect of compromising our ability to perform the Services.
11.2 On termination of these Terms you agree that any payments made are not refundable to you, and you are to pay for all Services provided prior to termination, including any Services which have been performed and have not yet been invoiced to you.
11.3 On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property (including Materials), and/or documents containing or relating to our Confidential Information and Intellectual Property (including Materials).
11.4 Subject to clause 11.5, on termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information (including any personal information) and Intellectual Property, and/or documents containing or relating to your Confidential Information and Intellectual Property (except where we are required to retain at law).
11.5 On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
11.6 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
11.7 This clause 11 will survive termination of this clause.

12. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS

12.1 ACL: If you are a consumer as defined in the ACL, the following applies to you: You may be entitled to a re-peformance or refund for a major failure, and for compensation for any other reasonably foreseeable loss or damage, in relation to the provision of the Services by us. You are also entitled to have the Services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure.
12.2 Limitation: Despite any provision to the contrary, to the maximum extent permitted by law, our total Liability arising out of or in connection with the Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will be limited to:
(a) us re-performing the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates; or
(b) the liability cap under the scheme approved under the Professional Standards Legislation.
12.3 Refund of Fees: In circumstances where you wish to cancel the Services in accordance with these Terms, we may, in our absolute discretion, refund the Fees paid by you.
12.4 Delay: Where the provision of Services depends on your information or response, we have no Liability for a failure to provide the Services where it is affected by your delay in response, or supply of incomplete or incorrect information.
12.5 Warranties: Despite any provision to the contrary, to the maximum extent permitted by law, we exclude all express and implied warranties representations and guarantees and all material and work is provided to you without warranties, representations and guarantees of any kind, either express or implied. We expressly exclude all warranties including but not limited to implied warranties of merchantability, fitness for a particular purpose, or that you will derive any benefit, profit or monies (including, without limitation, a particular result in relation to your tax return, refund or deduction).
12.6 Availability: Despite any provision to the contrary, to the maximum extent permitted by law, we exclude all Liability for:
(a) the Services being unavailable; and
(b) ny Claims (whether direct, indirect, incidental, special, consequential and/or incidental), for loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption or otherwise, suffered by you or made against you, arising out of or in connection with your inability to access or use the Services, or the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
12.7 This clause 12 will survive termination of these Terms.

13. INDEMNITY

13.1 Despite any provision to the contrary, to the maximum extent permitted by law, you are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims and Liabilities resulting directly or indirectly from:
(a) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
(b) your breach of these Terms or any of your acts or omissions;
(c) any misuse of the Services, the Site or the Materials by you, your employees, contractors or agents; and
(d) your breach of any law or third party rights.
13.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
13.3 This clause 13 will survive termination of these Terms.

14. GENERAL

14.1 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
14.2 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
14.3 GST: If and when applicable, GST payable on the Fee for the Services will be set out on our invoices. You agree to pay the GST amount at the same time as you pay the Fee.
14.4 Relationship of parties: These Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
14.5 Assignment: These Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).
14.6 Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
14.7 Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
14.8 Notice: Any notice required or permitted to be given by either Party to the other under these conditions will be in writing addressed to you at the address provided at the time you order our Services. Our address is set out at the end of these Terms. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
14.9 Jurisdiction & Applicable Law: These terms are governed by the laws of Queensland and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland.
14.10 Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between the Parties, whether oral or in writing.

15. DEFINITIONS

15.1 ACL means the Australian Consumer Law as set out in schedule 2 of the Competition and Consumer Act 2010 (Cth).
15.2 APESB means the Accounting Professional & Ethical Standards Board, or any other professional body assigned to oversee the professional and ethical standards of the accounting profession, from time to time.
15.3 Claim/Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to these Terms or otherwise.
15.4 Confidential Information includes confidential information about you (including personal information), your credit card or payment details, and the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information of either Party whether or not such information is reduced to a tangible form or marked in writing as “confidential”.
15.5 Fees are the fees payable by you for the Services, as calculated in accordance with any pricing schedule set out on our Site.
15.6 GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
15.7 Intellectual Property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs (whether or not registered or registrable), any corresponding property rights under the laws of any jurisdiction, discoveries, circuit layouts, trade names, trade secrets, secret processes, know-how, concepts, ideas, information, processes, data or formulae, business names, company names or internet domain names, and any Confidential Information.
15.8 Liability means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.
15.9 Materials means work and materials that we provide to you in carrying out the Services, but excluding any of Our IP.
15.10 Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined in the Copyright Act 1968 (Cth).
15.11 Our IP means as described in clause 8.2.
15.12 Payment Terms as described in clause 4.1.
15.13 Privacy Policy means our policy available at https://ezytaxonline.com.au/privacy-policy/ and may be available through other addresses or channels.
15.14 Professional Standards Legislation means the legal instrument that limits the civil liability of members of the Institute of Public Accountants with a professional practice certificate.
15.15 Services means the online tax and accounting services, as described on our Site, and as updated in accordance with these Terms, from time to time.
15.16 Site means our website available at https://ezytaxonline.com.au/ and may be available through other addresses or channels.
15.17 Terms means these terms and conditions and any document referred to in them, as amended in accordance with its terms.
15.18 Variation means amended Services.
15.19 Variation Fee means the additional cost for a Variation.