Terms & Conditions

Last Updated: August 29, 2025
Effective Date: August 29, 2025
Company: Xactify Accounts
Jurisdiction: Australia

Important Legal Disclaimers

No Professional Licensing

Xactify Accounts is NOT a licensed accountant, tax agent, or financial advisor. We do not hold any professional licenses that would permit us to provide tax advice, financial advice, or professional accounting services that require specific qualifications under Australian law.

Services Provided

Our services are limited to data entry, bookkeeping administration, payroll processing, and business registration assistance. We do NOT provide tax advice, financial advice, audit services, or any services requiring professional licensing.

Professional Advice Recommendation

You should always consult with licensed professionals (CPA, registered tax agent, financial advisor) for tax advice, financial planning, compliance matters, or any decisions that could have legal or financial consequences.

1. Agreement to Terms

By accessing our website, engaging our services, or providing us with any information, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our services.

These terms are governed by Australian law and any disputes will be subject to the jurisdiction of Australian courts.

2. Client Authority & Consent

By engaging Xactify Accounts, you authorise us to use the information and identity documents you provide to prepare and submit your TFN, ABN, GST and/or ASIC applications on your behalf. You confirm all information supplied is true and correct. We do not provide tax or legal advice. Processing timeframes are controlled by ATO/ASIC and may take up to 28 days.

  • You grant us explicit authority to act as your agent for government applications
  • You confirm all identity documents provided are genuine and belong to you
  • You understand processing times are beyond our control
  • You acknowledge we provide administrative services only, not professional advice

3. Service Limitations & Scope

2.1 Services We Provide

  • Bookkeeping and data entry services
  • Payroll processing and administration
  • Business registration assistance (ABN, TFN, Company applications)
  • Cloud accounting software setup and training
  • Administrative support for business compliance
  • Record keeping and organizational services

2.2 Services We Do NOT Provide

  • Tax advice or tax return preparation
  • Financial planning or investment advice
  • Legal advice or legal services
  • Audit or assurance services
  • Professional accounting opinions requiring CPA qualification
  • Representation before the ATO or other government bodies
  • Any services requiring professional licensing under Australian law

4. Client Responsibilities

Information Accuracy

  • Provide accurate and complete information
  • Verify all data entry and outputs
  • Report errors or discrepancies immediately
  • Maintain original source documents

Professional Consultation

  • Seek licensed professional advice for tax matters
  • Verify compliance requirements independently
  • Review all work before submission to authorities
  • Understand your legal obligations as a business owner

5. Limitation of Liability

Maximum Liability Cap

Our total liability to you for any claim arising from our services is limited to the amount you have paid us for the specific service that gave rise to the claim, or $100, whichever is less.

4.1 Excluded Liability

To the maximum extent permitted by law, we exclude liability for:

  • Consequential, indirect, or special damages
  • Loss of profits, revenue, or business opportunities
  • ATO penalties, fines, or interest charges
  • Tax-related decisions or outcomes
  • Compliance failures or regulatory breaches
  • Data loss or corruption beyond our reasonable control
  • Third-party software failures or service interruptions

6. Payment Terms

Payment Requirements

  • Payment due upon service completion unless otherwise agreed
  • One-time services require payment before commencement
  • Ongoing services billed monthly in advance
  • Late payment fees may apply (2% per month)

Refund Policy

  • Refunds considered on case-by-case basis
  • No refunds for completed services
  • Government application fees are non-refundable
  • Refund requests must be made within 7 days

7. Intellectual Property

All content on this website, including text, graphics, logos, and software, is owned by Xactify Accounts and protected by Australian and international copyright laws.

  • You may not reproduce or distribute our content without written permission
  • Client data and documents remain the property of the client
  • We retain rights to our methodologies and processes
  • Third-party software is subject to their respective terms

8. Privacy and Confidentiality

We are committed to protecting your privacy and maintaining confidentiality of your business information in accordance with:

  • Australian Privacy Act 1988
  • Australian Privacy Principles (APPs)
  • Notifiable Data Breaches scheme
  • Professional confidentiality standards

For detailed information, please refer to our Privacy Policy.

9. Service Terms

8.1 Service Quality

  • Services performed with reasonable care and skill
  • Work completed within agreed timeframes
  • Regular communication about service progress
  • Correction of errors at no additional cost when attributable to us

8.2 Client Obligations

  • Provide complete and accurate information
  • Respond to requests for information in timely manner
  • Review and approve all work before submission
  • Maintain backup copies of important documents
  • Seek professional advice for complex matters

10. Australian Consumer Law

Consumer Guarantees

Under the Australian Consumer Law, our services come with guarantees that cannot be excluded. For major failures with our services, you are entitled to:

  • Cancel your service contract and obtain a refund
  • Accept the service to be performed again at no extra cost
  • Compensation for reasonably foreseeable loss or damage

These guarantees apply in addition to any other rights or remedies you may have under law.

11. Termination

By You

  • 30 days written notice for ongoing services
  • Immediate termination for one-time services after completion
  • Payment required for services already provided
  • Return of documents within 14 days

By Us

  • 30 days notice for any reason
  • Immediate termination for non-payment
  • Immediate termination for breach of terms
  • Refund of prepaid services (pro-rata basis)

12. Data Security & Retention

Security Measures

  • Encrypted data transmission and storage
  • Secure cloud-based platforms (Xero, MYOB, QuickBooks)
  • Regular security audits and updates
  • Limited access controls and staff training
  • Backup and disaster recovery procedures

Data Retention

We retain business records for 7 years as required by Australian law. Personal information is retained only as long as necessary for service provision and legal compliance.

13. Indemnification

You agree to indemnify and hold harmless Xactify Accounts from any claims, damages, or expenses arising from:

  • Your breach of these terms and conditions
  • Your violation of any law or regulation
  • Inaccurate or incomplete information provided by you
  • Your failure to seek appropriate professional advice
  • Decisions made based on our non-licensed services
  • Your use of our services beyond their intended scope

14. Regulatory Compliance

Australian Business License Requirements

We operate within the scope of services that do not require professional licensing. For tax agent services, financial advice, or audit services, you must engage licensed professionals.

Record Keeping Obligations

Both parties acknowledge obligations under Australian law to maintain business records for specified periods and ensure accessibility for regulatory authorities.

15. Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including but not limited to: natural disasters, government actions, internet outages, third-party software failures, pandemic restrictions, or other unforeseeable events.

16. Governing Law

These Terms and Conditions are governed by the laws of Victoria, Australia. Any disputes arising from these terms will be subject to the jurisdiction of the Victorian courts. If any provision is found to be unenforceable, the remaining provisions will continue in full force.

17. Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective when posted on our website. Continued use of our services after changes constitutes acceptance of the modified terms.

We will notify existing clients of significant changes via email at least 30 days before implementation.

Questions About These Terms?

Call Us

0438 846 858

Location

Geelong, Victoria, Australia