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terms and conditions

NOTICE OF DISCLAIMER: 

Being a professional and competent accountancy firm, we are not able to provide you any legal advice. You accept and acknowledge that availing yourself of our services does not include the receiving of legal advice.

Any information and documents provided through our services on our website are considered formal documents. Their main purpose is to offer general information. These documents do not consider your personal needs or state of affairs and should not be relied on. They should not be considered as replacements for professional, commercial, tax, or legal advice based on your personal situation.

Our services intend to offer you valuable information in order to help you answer your queries on our official site. However, the purpose of our service is not to offer advice. We have taken every important step in order to attain appropriate and authentic documents through the assistance of a legal expert.

ACCEPTANCE

  • These Terms and Conditions (Terms) are primarily between Quick Accounts Pty Ltd trading as Rapid Tax (ABN 17 651 729 930), its substitutes and assignees (called as “us,” “we” or “our”) and also you who is an individual, an entity, or a company that wants to: utilise our platform in order to access formal documents; use our various services such as email hosting, domain registration, registered tax agent, and purchase these services from our organisation (called as “your” or “you”), and concertedly the parties. These terms are applicable to every sale made by us to you.
  • Our services are accessible to you at our site (www.rapidtax.com.au).
  • You acknowledge and agree that these terms are considered the agreement based on which we will offer our services to you. Please ensure you read all these terms carefully. You can get in touch with us in case of any query through the contact details mentioned at the end of these terms.
  • By checking the online acceptance box through utilising our services, you accept and consent to these terms. Utilising our services shows that you have had an adequate amount of opportunity and time to go through these terms and get in touch with us if required, that you have gone through, concurred, and will adhere to these terms, and that you are 18 or above 18 years of age. You are not required to utilise or order our services if you do not want to accept our teams. You can not avail yourself of our services if you are under the age of 18.

SERVICES

By purchasing and requesting our services, you concur and acknowledge that:

Business Activity Statement (BAS) & Tax Return Services
Your responsibilities

  • You undertake to supply and provide, in a timely manner, all the documents, access, and information needed to allow us to offer the services. Such documents, access, and information may involve data, accounts, records, and files without any limitation.
  • You admit that we are not liable to verify the authenticity of these documents and information independently. You are accountable for making certain of the accuracy and authenticity of any documents or information given to us. 
  • You agree to notify us promptly in case you realise the documents and information provided to us is unauthentic, misleading, or inaccurate
  • You realise that late, incomplete, or inaccurate information may impact our ability to offer you our services.
  • You are accountable for complying with the Income Tax Assessment Act 1997 (Cth) with regards to Substantiation Provisions.

Safe harbour protections

  • The specific provisions are included in the Taxation Administration Act 1953 (Cth) that may provide you “safe harbour” from the penalties by the administration for providing late or incorrect lodgments of returns.
  • You will only be able to avail yourself of these safe harbour provisions if you provide us with all the required and accurate taxation information promptly.
  • For that reason, it will be best for you to provide all information and documents required by us at specific times set by us.

Your rights

  • Under the Australian Taxation Law, you being an Australian Taxpayer, have got certain rights. These may include rights to object or appeal against a specific decision given by the Taxation Commissioner. You also have the right to seek a private ruling from the (ATO), also referred to as the Australian Taxation Office.
  • If there are any particular obligations or rights arising under the Australian Taxation Laws, we will update and inform you regarding it.

Limitation of liability 

  • If there are any errors due to your failure to provide documentation and information, and if these are found to be significant to your tax affairs, we will not be held accountable for it.
  • If there is any damage or loss (including consequential, indirect, or direct loss) that may arise due to inaccurate documents and information provided by you, we will not be held responsible and accountable for it.
  • If there are fines, fees, or late lodgments due to your failure to provide information and documents on time, we will not be held liable for it.
  • In case of late lodgment penalties, we will not be held accountable until or unless I/ we are alone responsible for documents’ late lodgment.
  • No omission or act conducted by our accountants or consultants will be regarded as a breach of duty, dishonesty, fraud, willful misconduct, or gross negligence to the extent to which the omission or act was contributed to or resulted due to failure by any other individuals (not within our reasonable administration or control) to satisfy any of the obligations associated to any agreement by other omission or act by any other individual, not within our limited control.
  • If any tax refund has been provided, it will only be considered as an estimate. We will not accept liability and are not accountable in case the ATO decides an outcome that varies from the estimate that has been provided during the lodgment time.
  • The Institute of Public Accountants (IPA) is an institute covered under the IPA Professional Standards Scheme (Scheme), and we are a practicing and active member of IPA. Under the scheme mentioned above, the civil liabilities for damages of our accountants that arise from the provision of the services will only be restricted to $2,000,000. On the IPA website, a copy of the IPA scheme is accessible.

Ownership of documents 

  • Your original documents provided by you are solely your property. But, we possess the right to make copies of such for the purpose of our records.
  • The result of services will be the production of output documents. These may include tax returns and financial statements. Any of the documents which have been utilised in order to prepare work for you will certainly be under your ownership.
  • Every other document prepared by us regarding the services, for instance, draft documents, general ledger, or general journals, will certainly be our property. But, as per the section below titled ‘Preparation of Financial Reports’, we are liable to provide you the copies of documents in case you need those.

The obligation of Tax practitioner to comply with the law

  • We are responsible to act in a manner that is beneficial for our clients. However, this duty of ours is subject to an obligation to adhere to the law, even when not followed by a client. This may even make us act in such a way that may differ from your directions. For instance, if an Income Tax Return is inaccurate or false, we will not lodge that income tax return.
  • We must adhere to the APES110 – Code of Ethics for Professional Accountants and be able to respond to Non-Compliance with Laws and Regulations (NOCLAR). Our accountants and consultants are responsible for reporting the Actual or Material Potential Non-Compliance with Laws and Regulation, and commission or omission, unintentional or intentional, by a particular client which differs from the established laws or regulations.
  • If we conclude that under NOCLAR, a disclosure is required (to the concerned authority), that disclosure would not be regarded as a Breach of Confidentiality.

Reliance by third parties 

  • If there are any financial reports that have been prepared as an integral part of services (including income tax returns and financial statements) they will be prepared in order to distribute to you for the intention included in the report. Only you and the parties that have been included in the report have the assumption of responsibility for the reliance on our report. The report should only be utilised for the specific purpose for which it was created. Also, our report may contain a disclaimer to this effect.

Preparation of Financial Reports

  • Our engagement is to help with the preparation of financial accounts that may include statements of cash flows, balance sheet, and profit and loss statements;
  • Any compilation of financial accounts or reports will be completed in adherence with the APES 315 – Compilation of Financial Information;
  • No review or audit is included in the financial reports’ preparation. This ultimately means that in order to locate irregularities such as illegal practices and fraud or errors that may be existing in the data given by the client, the work which has been completed cannot be solely relied upon;
  • The engagement will only be restricted to procedures that may involve summarisation, clarification, and collection of Financial Information and do not discuss the validation or verification of any sort of data;
  • Any prepared statement will be referred to as a Special Purpose Financial Report (SPFR). It should not be the General-Purpose Financial Report considered in the Corporations Act; and the maintenance of the charts of accounts for your business entities’ general ledger would be included in the services;
  • We are bound to check the SPFR, which has been completed comprehensively, and will prepare a determination free from every ‘Misstatement.’ In a ‘Misstatement,’ the Non-Disclosure of Material Matters, Non-Disclosure of the Agreed Financial Reporting Framework, and the incorrect application of the Agreed Financial Reporting Framework of the which the person is aware would be included in the ‘Misstatement’;
  • Any final document will remain your property;
  • All the important documents that have been utilised by the company, which may include Draft Financial Statements, General Ledger, Working Papers, and General Journals, will always remain the property of the company. However, the company will certainly provide copies of all documents to clients if required;
  • The client is responsible for Internal Control Systems and the Maintenance of a business accounting system, along with the prevention and protection against fraud. Keeping books of accounts will also be your responsibility. This may include any work produced by a third party that is not linked to this company which is to be relied upon. In case there is any material weakness in the internal control system of the accounting systems, we will notify and advise accordingly;
  • Clients are liable for the information present in any of the Statutory Returns, and you must possess and contain all important documents required to prove your transactions. Failure to maintain enough information and records is not our responsibility.

Bookkeeping Services

  • We may offer bookkeeping services. Where we offer bookkeeping services, we are not responsible for providing any kind of tax advice. It is the duty of a registered tax agent (or BAS Agent associated with BAS tax matters) to offer this service.
  • Only those procedures will be carried out which are exclusively included in and associated with the engagement; we have not agreed to review or audit.  Therefore, no assurance will be given until and unless it has been agreed upon. We cannot be relied upon to reveal the irregularities that may include errors, frauds, and various illegal acts that may take place.
  • Except for the specific places where we have provided our services, the client is accountable for the policy issues regarding the Internal Controls and Business Accounting System. We will provide advice regarding any weakness that may occur in the internal control system or the Accounting System.
  • Whenever required, the documentation source will be provided to us.
  • In case of any error due to the failure from your side to provide relevant information or documents regarding the requirements of bookkeeping, we will not be held responsible in such a scenario.
  • We are not accountable for any unfortunate results due to your failure to provide information promptly, and only you are responsible for providing information in a timely fashion.
  • We endeavour to only provide professional services to you. In case you feel that the level of service is not up to the mark, you need to get in touch with us and discuss it.

Australian Business Number (ABN) Registration Services for Sole Trader, Partnership, Trust and Company

  • Your application for the purpose of ABN registration is reliant on the decision of the Australian Taxation Office (ATO);
  • You ultimately appoint us as your tax agents to submit the application as your representative once you submit the application to register your ABN. We will be reassigned to serve you as your tax agent after receiving your application outcome, which may include successful ABN registration;
  • In order to conduct a review, the ATO has the authority to hold your application for 28 days or reject it. In the scenario where the ATO holds your application, we will have a dialogue with the ATO as your tax agents until and unless the ATO approves or rejects your application; and
  • We will inform you about your ABN through email if the ATO accepts your application. The ATO will directly update you regarding your PAYG Status, GST, and Tax File Number (TFN). For that, we will not be held accountable or responsible.

For Business Name Registration & Company Registration Services

  • By declaring at the bottom of the Company Incorporation Order Questionnaire/Form, you agree with Quick Accounts Pty Ltd trading as Rapid Tax (ABN 17 651 729 930), submitting the application for registration of a company in Australia (Form 201) to ASIC and confirm that the information provided is authentic and correct.
  • Your application for the purpose of registering a company is dependent on the decision taken by the Australian Securities and Investments Commission (ASIC);
  • Your application which has been submitted through our website, its withdrawal, retractions, alterations, or modifications are not under our control and are dependent upon ASIC’s discretion;
  • Your application process may get a bit delayed due to the ASIC Server Issues or by ASIC manual processing and review; and
  • We will update you with the Pro-Forma documents and other documents issued by email or our site in case the ASIC accepts your application. You agree and authorize Quick Accounts Pty Ltd trading as Rapid Tax (ABN 17 651 729 930) by declaring at the bottom of the Company Incorporation Order Questionnaire or form that the information you have provided is relevant, accurate, and true.

Price, Invoicing and Payment

  • An invoice will be issued to you regarding our services. As per the tax invoice, you agree to give the payment of the amount upfront. All the amounts include GST wherever possible and are stated in Australian Dollars. You need to pay via credit card or any other method of payment which is stated in the tax invoice when you are purchasing the service.
  • Wherever deemed applicable, you need to make the payment within one week of the date of invoice. In case any invoice is not paid within the specified time, we will stop offering you the service until the payment of the invoice is received by us.
  • After the payment date expires, we will be bound to charge you 2 percent compound interest every month on the amount.
  • We possess the right to approach Debt Collection Services for the purpose of collecting unpaid debts after the date of payment has passed. We also reserve the right to carry out legal proceedings for the amount owed to us plus the costs of such recovery on unpaid debts.
  • We may make changes to our methods of payment and pricing structure with the passage of time. The changes in pricing will be applicable on your as well for all the services being provided to you. All the changes will be applicable from the point of time the new terms are published on our website or are notified to you.

Your Obligations and Warranties

By using our services, you acknowledge and agree that:

  • No legal restrictions are preventing you from agreeing to the terms here;
  • You will comply with us and contribute the information necessary for us to perform these services as we may request from time to time, and cooperate with these requests;
  • We are unable to warrant that a Pro-forma document ordered through us by you is relevant to your situation;
  • You will not copy or use any part of a Pro-forma document purchased through us for any other purpose but the actual purpose for which it was purchased;
  • You must consult a professional for advice concerning the Pro-forma document’s suitability;
  • We do not qualify as the author of any Pro-forma document provided to you;
  • The information you contribute to any third party through our services or to us is completely true, complete, and correct;
  • You take full responsibility for the authenticity and accuracy of any information you provide to either a third party through our services or to us. We do not take any responsibility for errors in the information you provide to us;
  • You must not violate any third-party rights in working alongside us and receiving our services;
  • You will let us know if you have any reasonable concerns regarding the terms mentioned here, with the goal of us together trying to resolve your concerns with reasonable methods;
  • You will take responsibility for any consents, licenses, and permissions needed from other parties to provide services;
  • You allow the use of your intellectual property and your name for the services in a way that might identify you;
  • If applicable, you have a valid ABN, which is advised to us; and
  • If applicable, for GST purposes, you are registered.

Confidential Information:

  • We agree to not disclose any of your confidential information to anyone or any third party (other than with your prior permission or if required under law). If the confidential information relates to your private information, it will not be disclosed in accordance with our privacy policy, which is present on the site; to use all reasonable methods to protect confidential information from unauthorised disclosures; only to use the given information for the purpose it was provided for by you, in order to provide better quality services.
  • You, alongside your employees, agree not to disclose any of our confidential information to any third party and to use the confidential information only for the purpose for which it was provided to you.

These obligations do not apply to confidential information that:

  • Is allowed to be disclosed.
  • Is already public and/or is no longer confidential unless as a result of the violation of these terms.
  • Is received through a third party unless there has been a breach of confidence.
  • Must be disclosed due to law or by a regulatory authority which also includes under subpoena.
  • The termination of these terms will not harm these obligations; they will remain unchanged.

Feedback And Dispute Resolution

  • Your feedback is of immense importance to us. We endeavour to solve your query and concern effectively and promptly. You can contact us if you want to provide feedback regarding our services.
  • The parties’ consent to the dispute resolution procedure mentioned below in case there is a dispute among the parties in association with these terms:
  • The complainant is required to inform the respondent in writing regarding the dispute nature, the outcome the complainant desires, and the actions which the complainant thinks will resolve the dispute. In the initial meeting, the parties contact and meet in good faith to try and resolve the issue by making an agreement between them.
  • Any of the parties may involve a mediator in case the dispute is not resolved during the initial meeting. In a situation where the mediator cannot be agreed upon by both parties, The Law Society of Tasmania will be asked by the complainant to assign a mediator. The place and time for the mediation will be determined by the mediator. The aim of both parties should be to resolve the issue by attending the mediation.
  • Any action taken by both the parties in order to solve the issue in accordance with this clause is without any prejudice to other entitlements or rights of both the parties by law, in equity, or under these terms.

Termination

  • Depending upon the procedure of dispute resolution, any of the parties can terminate the terms in case these terms have been breached.
  • We have the right to terminate these terms on an immediate basis at our own volition, only if:
  • The request for the service is unlawful, improper, or inappropriate;
  • You do not provide us timely and clear instructions to allow us to offer the services;
  • It seems that the working relationship between us is not working, and there is a lack of trust and confidence;
  • Your acts or actions may harm our and our company’s reputation;
  • You provide us with unauthentic and false information such as incorrect details of payment;
  • You do not pay the invoice within one week of the date of payment; or
  • For other various reasons which are not within our control and may affect and compromise the ability to perform the required work within the specified time limit. 
  • You agree that if the terms are terminated, the payments such as fees made by you would not be refunded to you. You are liable to pay for every service used by you before the termination took place, which may include all services that have been availed to you but have not been invoiced yet.
  • As required for the purpose of regulatory requirements or law, on the completion of all services, we will be required to retain the documents provided by you. Your agreement to these terms constitutes authority from you for us to either destroy or retain the documents in conformity with the Statutory Periods or when the terms are terminated.
  • The termination of these terms does not affect the parties’ remedies, obligations, and accrued rights.

Disclaimer

  • You concur and acknowledge that any service or third-party service provided by us on our site is certainly subject to and dependent upon availability. Even though we are aiming to offer full-time access to these services and make them available all the time, there are possibilities that due to maintenance issues, the website may not respond well and may result in delaying providing the services. Other problems such as an outage or third-party issues may also cause problems and are not within our control.
  • All the material and information, which may include Pro-Forma documents are provided on our site and given to you by us, is offered based on good faith; we should not be held accountable and are not responsible to any person regarding the completeness, currency, accuracy, or reliability of the information in the material in our Pro-Forma documents or the ones made available on our site. Relying on any of the information or material, including Pro-Forma Documents, is completely your responsibility, and you do it at your own risk.
  • You concur and acknowledge that any guidance, insight, or information available on our site, in the materials, or as a part of our services is not intended to constitute the provision of advice in those areas which may involve tax, finance, or law, or to offer commercial, tax, or legal advice or be used as a replacement for professional advice. No fiduciary relationship, agency, joint venture or partnership, is established using our materials, services, or sites. Any tax, commercial, or legal information made available on our site, materials, or services is simply provided for the purpose of your assistance, convenience, and information. The purpose of our materials, services, and site is to provide general information. Your personal state of affairs or situation are not taken into consideration. They are not made available for advice and should not be relied upon without consultation of a professional and should also not be considered as a replacement for professional advice based on your personal needs or situation.
  • The materials, services, and sites are not made available in order to replace the relationship between you and your financial advisor, accountant, lawyer, or attorney, or any other professional. Make sure to consult your accountant, lawyer, tax, or financial advisor wherever it seems essential.
  • Any template or Pro-Forma documents acquired by you from our site may be created in order to add information that may be personal as well as confidential information you submit through our official site. We do not warrant that using our services in such a manner is best for your needs. We suggest you consult and seek tax, commercial, or legal advice if you desire to utilise any such Pro-Forma documents you buy from our website and get advice on commercial, legal, or tax effects from the utilisation of such documents. The usage may include relying on the formal documents in the form made available in our services and on the site or altering or changing any such document.
  • You are entirely responsible for deciding the appropriateness of any of our services and your dependency on any information made available to you through our materials, services, or site at your own risk.
  • You are entirely responsible for the specific information provided in the material based on your answers to the questions you responded to on the site.
  • The questions that were asked on the site and their answers are given by you may result in specific clauses being discussed in the Pro-Forma or the formality documents and the materials you placed the order for on our official site. 
  • Any mistake or error you make while understanding and answering the questions available on our site, we will not be held accountable or responsible for. You need to consult a professional and seek their advice in case you do not understand any questions.
  • The termination of terms will not affect this clause.

Refund

  • Please make sure that the details you provide us through the services and website are complete and correct as it is not in our policy to refund the service fees or any other government fees or other disbursements for any kind of application you submit to any regulatory authority such as the ATO or ASIC based on an error or change of preference. In case of error, you can get in touch with the specific government agency directly and discuss any further steps.
  • A refund is possible, but it may vary case by case. If you want to request a refund, you can contact us via the details provided at the end of these terms.
  • You may get a refund if you buy a subscription service such as the service of email hosting, and before the expiry of such subscription, you cancel it.

Indemnity

  • You agree and are liable to hold us harmless, indemnify, and defend us against any claims, suits, liabilities, expenses, and actions, which may include legal costs and cost of litigation, resulting indirectly or directly from:
  • Your usage of our materials which may include and is not limited to formality or Pro-Forma documents;
  • Any information which is misleading, not up to date, inaccurate, or incomplete;
  • The materials you place an order for are not appropriate or suitable to your situation or purposes;
  • You fail to consult a suitably qualified and experienced professional with regards to the materials and whether they are suitable for your purposes and circumstances;
  • Your answers given to the questions asked on our official website, which may also include the ones you did not answer correctly;
  • Changing and modifying the materials after placing the order from our site;
  • Any kind of breach of these terms mentioned; and
  • Misuse of the materials, services, and site by you, your agents, contractors, or employees.
  • You agree to collaborate with us, at your own risk, in the handling of complaints, disputes, litigation or investigations, that may arise due to your usage of the services that include but are not restricted to litigation, inquiries, complaints, or disputes that may result due to the incorrect or false information you provided us.
  • You agree to compensate us against any damage, cost, liability, or loss resulting from the usage of our site by you.
  • These terminations of terms will not affect the obligations under this specific clause.

General

  • Privacy: We agree and concur to act according to the legal requirements of the Australian Privacy Principles as mentioned in the Privacy Act 1988 (Cth) and various other privacy guidelines and applicable legislation.
  • Publicity: You agree to us that we have taken the responsibility for your work by publicly soliciting or using advertising.
  • Email: You acknowledge and agree that you will receive electronic mail from us and can send us electronic mails. You declare us as released from any claim you may have due to the unauthorised interference, reading, recording, or copying of that information or document after the process of transmission, for any non-delivery or delay of information or document, and for any damage that may have resulted by a transfer that has affected your files or system.
  • GST: Whenever applicable, the payable GST on the services will be included on our invoices. You agree to pay us the specific amount which is equal to the GST that has been levied on these charges once you have accepted these terms.
  • Relationship of Parties: The purpose of these terms is not to develop a relationship like that of an employer-employee, joint venture, agency, or partnership.
  • Assignment: These terms are personal to each party. A party cannot deal with or assign the complete or a specific part of its obligations and rights under these terms without an earlier written consent of any other party (although any such consent should not be unjustifiably withheld).
  • Severance: Under these terms, if any of the provisions or just a specific part of them is held to be invalid or inapplicable in the jurisdiction, the relevant part or parts will then be interpreted according to the broader intention of these terms in order to enable it to become valid, applicable, and enforceable. Alternatively, the provision or the specific part of it will otherwise be eliminated from these terms, and only the remaining parts of these terms will be referred to as enforceable and valid.
  • Force Majeure: We will not be held responsible in case of any failure or delay in performing our obligations and commitments under these terms in case of any such event which is beyond our limited control. In case we are not able to perform our obligations on time due to such situations for at least a period of two months, we will ultimately end our agreement by notifying you in writing and giving you notice of 5 business days.
  • Notice: Any kind of notice permitted or needed to be prepared provided by any party to another party under these situations will be in the form of writing directed to you at your address mentioned in your account. At the end of these terms, you will be able to see our address. Any kind of notice must be sent via email or standard post, and the notice will be considered to have been served based on the expiration time of 48 hours in the particular case of the post or at the transmission time in case of a particular transmission.
  • Jurisdiction & Applicable Law: All these terms are governed and administered by the Laws Tasmania and the Commonwealth of Australia. Each of the parties is required to unconditionally and irrevocably submit to the dedicated jurisdiction of the courts situated in Tasmania. If you use the services or site outside of Australia, you are then doing so at your own risk and are liable to adhere to the laws of the country or place from where you are accessing the services and sites.
  • Entire Agreement: This agreement constitutes the complete agreement between you and us and replaces any agreement, arrangement, or understanding that happened before between you and us, no matter in writing or orally.

Definitions

  • Claims(s) includes the claim, demand, notice, entitlement, right, proceeding, action, prosecution, litigation, investigation, arbitration, award, judgment, loss, damage, liability, expense, or cost occurring, whether contingent, future, immediate, unascertained, or present, whether based on statute, tort, or contract, and whether involving a party or third party to the agreement or in other respects.
  • The confidential information will include your confidential information, details of your payment or credit card, structure, business, processes, programs, operating procedures, processes, products & services, activities, know-how, trade secrets, accounting, financial, technical, and marketing information, list of suppliers and customers that may also include prospective supplier and customer information, intellectual property, concepts, ideas, technology, and various other important information, in any case, such kind of information that is marked in writing as “Confidential” or reduced to a substantial form.
  • GST refers to the GST which has been clearly defined in a New Tax System (Goods and Services Tax) Act 1999 (Cth) as modified with the passage of time, or any applicable or pertinent legislation and regulations, or even any replacement.
  • As to intellectual property, this includes all present, as well as future rights to industrial and intellectual property all over the globe, along with the analogous and copyright rights, all types of rights in terms of inventions (patent rights included), improvements, patents, unregistered and registered trademarks, unregistered or registered designs, any corresponding or equivalent property rights under any jurisdiction and its laws, circuit layouts, discovery, trade secrets, trade names, know-how, secret process, idea, concept, process, information, name of business, data or formula, internet domain name, or name of the company.

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