Standard Terms and Conditions

1.Definitions and interpretation

In these Terms, unless the context requires otherwise: "Company", "we", "us" or "our" means Tony.Online Developments Pty Ltd (Tax Agent No. 26364142); "Service" means the Tony.Online software platform and all associated tools, reports and outputs; "You" or "Client" means the registered tax agent or firm that accesses the Service; "Output" means any analysis, flag, report or certificate generated by the Service; and "End Client" means a taxpayer for whom you use the Service.

2.Eligibility

The Service is made available solely to Registered Tax Agents (and their authorised personnel) within the meaning of the Tax Agent Services Act 2009 (Cth). By using the Service you represent and warrant that you hold current registration with the Tax Practitioners Board and are authorised to submit the information you provide.

3.Nature of the Service

1. The Service provides an automated second analysis of tax return information against return instructions and current Australian Taxation Office guidance. It is a review and quality-assurance tool only.
2. The Service does not lodge returns, does not act as your agent, and does not constitute the provision of taxation, financial or legal advice by the Company to you or to any End Client.
3. At all times, you retain sole professional responsibility for each return, including the decision whether to accept, reject or act upon any Output.

4.Your obligations

1. You must exercise your own professional judgement and independently verify all Output before relying on it.
2. You are responsible for obtaining all necessary consents and authorities from End Clients for the processing of their information through the Service, and for complying with your obligations under the Privacy Act 1988 (Cth) and the Code of Professional Conduct.
3. You warrant that information you submit is accurate and that you are authorised to submit it.
4. You must keep your access credentials secure and must not permit unauthorised use of the Service.

5.No warranty as to completeness

While the Service is designed to identify potential issues, the Company does not warrant that every error, omission or risk will be detected, or that any flagged item is in fact an error. The Output is an aid to, and not a substitute for, your professional review.

6.Fees and payment

Fees are charged on a per-label basis as set out on our pricing page or in your order, and are exclusive of GST unless stated otherwise. Invoices are payable within [14] days. We may vary our fees on not less than [30] days' notice.

7.Data, confidentiality and security

Our collection, use, storage and disclosure of personal information is governed by our Privacy Policy. Data is hosted on secure infrastructure located in Australia. Each party must keep the other's confidential information confidential and use it only for the purposes of these Terms.

8.Intellectual property

All intellectual property rights in the Service and the Output (excluding your data and End Client data) remain the exclusive property of the Company. You are granted a non-exclusive, non-transferable licence to use the Service and Output for your internal professional purposes.

9.Limitation of liability

1. Nothing in these Terms excludes any rights or remedies you may have under the Australian Consumer Law that cannot lawfully be excluded.
2. To the maximum extent permitted by law, the Company's total aggregate liability arising out of or in connection with the Service is limited to the fees paid by you for the Service in the [12] months preceding the relevant claim.
3. The Company is not liable for any indirect, consequential or economic loss, or for any loss arising from your failure to independently verify the Output.
4. Liability limited by a scheme approved under Professional Standards Legislation.

10.Term and termination

These Terms apply for as long as you use the Service. Either party may terminate on [30] days' written notice. We may suspend or terminate access immediately for breach. On termination, your right to use the Service ceases and outstanding fees become payable.

11.Governing law

These Terms are governed by the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State.

12.Contact

Tony.Online Developments Pty Ltd, Level 6, 355 Queen Street, Brisbane QLD 4000. Email: hello@tony.online.