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Standard Terms and Conditions
Start July 1, 2024

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Services

ATO Smart Docs - Monthly Maintenance

ATO Smart Docs Monthly Subscription including:-

  • ATO Document Updates

  • Support on ATO Smart Docs

  • New Updates

  • New features

Note that SMS Messages cost 8 cents each per 160 characters per SMS credit.

The initial Subscription/contract period is 12 months, commencing from the start of the 1st monthly payment.

 

(See terms and conditions for more details)

Pricing

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General Terms and Conditions

Digital Disruption Solutions Pty Ltd – ATO SmartDocs

Commencing 1 July 2024

Dear Ron SAL,

 

This letter is to confirm our understanding of the terms of our engagement and the nature and limitations of the services that we provide.

Purpose, Scope, and Output of the Engagement

 

Digital Disruption Solutions (DDS) will provide Services and Software Applications designed for the Accounting Market. The extent of our procedures and services will be limited exclusively for this purpose only.

Period of Engagement

This engagement starts on 1 July 2024 and is a 12-month contract commencing from the date of the 1st monthly payment. After 12 months, this contract reverts to a 90-day notice period.

Responsibilities

In conducting this engagement, information acquired by us in the course of the engagement is subject to strict confidentiality requirements. That information will not be disclosed by us to other parties except as required or allowed for by law, or with your express consent.

 

We wish to draw your attention to Digital Disruption Solutions' (DDS) system of quality control which has been established and maintained in accordance with the relevant industry standard.

Fees & Services

Services quoted on this Proposal are our best estimate based on information provided, however, (DDS) reserves the right to adjust these services if the circumstances change in consultation with you.

 

Please note that Monthly subscriptions are perpetual but can be canceled at any time with 90 days' notice.

Ownership of Documents

All original documents obtained from the client arising from the engagement shall remain the property of the client. However, we reserve the right to make an electronic copy for our records.

SAAS Terms and Conditions

Welcome to Digital Disruption Solutions – ATO SmartDocs powered by iPracticeApps.

These terms and conditions (Terms) govern your membership with Digital Disruption Solutions – ATO SmartDocs powered by iPracticeApps, a product described on our website at and set out in any agreement, quotation or order under which Digital Disruption Solutions – ATO SmartDocs powered by iPracticeApps is to provide services to you (each an Order Form). The details of your subscription are set out in the Order Form (Subscription), which will be for the tiered package as selected by you and agreed between us in the Order Form (Subscription Tier)

These Terms will apply to all the Customer's dealings with Digital Disruption Solutions – ATO SmartDocs powered by iPracticeApps, including being incorporated in all Order Forms, under which Digital Disruption Solutions – ATO SmartDocs powered by iPracticeApps is to provide services to the Customer, together with any additional terms included in such Order Form (provided such additional terms are recorded in writing). These Terms form a binding contractual agreement between you or the company you represent (the 'Client', or 'you') and Digital Disruption Solutions Pty Ltd ABN 85 606 251 932 ('Digital Disruption Solutions – ATO SmartDocs powered by iPracticeApps',* 'our', 'we' or 'us'*). You represent and warrant that you have valid authority to enter into these Terms on behalf of any entity you may represent.

Please note that your Subscription will continue to renew indefinitely, and you will continue to incur Subscription Fees, unless you notify us that you want to cancel your Subscription in accordance with clause 12.2. Please ensure you contact us if you want to cancel your Subscription.

 

We may change these Terms at any time by notifying you, and your continued use of the Solution following such an update will represent an agreement by you to be bound by the Terms as amended. 

In these Terms, capitalised words and phrases have the meanings given to them where they are followed by bolded brackets, or as set out in the Definitions table at the end of these Terms. Please read these terms and conditions carefully before agreeing to proceed with your Subscription.

1. THE SOLUTION

1.1 YOUR SUBSCRIPTION AND THE SOLUTION

  • (a) (The Solution) The Solution includes, to the extent described in your Subscription Tier, the Software, the Hosted Services and the Support Services.

  • (b) (Scope of Subscription) Your Subscription includes the benefits and limitations set out for your Subscription Tier in the Order Form, or as otherwise communicated to you when you subscribe for your Subscription (as amended from time to time by notice to you).

  • (c) (Provide Information) As part of registering for, and your continued use of, your Subscription, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, photos and video, audio files, profile information, payment details, ratings and reviews, verified identifications, verified certifications and authentication, and other information as determined by us from time to time. You warrant that any information you give to us in the course of completing the Subscription registration process is accurate, honest, correct and up to date.

1.2 THE SOFTWARE

  • (a) During the Subscription Period, we grant to you a non-exclusive, non-transferable licence to use the Software and Documentation for the Number of Tax Returns per Year.

  • (b) We may from time to time in our absolute discretion release enhancements to the Software, where enhancements means any upgraded, improved, modified or new versions of the Software. Any enhancements to the Software will not limit or otherwise affect these Terms. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime.

  • (c) We will provide the Software in accordance with all applicable laws and industry standards.

  • (d) Unless otherwise agreed in writing, we may not provide access, or suspend access, to any part of the Solution until you have paid the relevant instalment of Subscription Fees.

1.3 HOSTED SERVICES

If the Solution includes services to host your website, application or other information or data (Hosted Services), the following terms apply unless otherwise specifically agreed in writing:

  • (a) (hosting location) We will use storage servers to host the Software through cloud-based services, which will be located in Australia, unless otherwise specified in the Order Form.

  • (b) (service quality) While we will use our best efforts to select an appropriate hosting provider, we do not guarantee that the hosting of the Software will be free from errors or defects or that the Software will be accessible or available at all times.

  • (c) (security) We will use our best efforts to ensure that Client Data and User Data is stored securely. However, we do not accept responsibility or liability for any unauthorised use, destruction, loss, damage or alteration to Client Data or User Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

  • (d) (backups & disaster recovery) In the event that User Data is lost due to a system failure (e.g. a database or webserver crash), we cannot guarantee that any backup will be available, or if available that such a backup will be free from errors or defects.

1.4 SUPPORT

If the Solution includes services to provide you with support where necessary to resolve technical issues with the Software (Support Services), the following terms apply unless otherwise specifically agreed in writing:

  • (a) We will take reasonable steps to provide Support Services where necessary. You must first endeavour to resolve any issues with the Software internally and we will not assist with issues that are beyond our reasonable control.

  • (b) You are responsible for all internal administration and managing access, including storing back-up passwords and assisting your Personnel to access and use the Software.

  • (c) You will not have any claim for delay to your access to the Software due to any failure or delay in Support Services.

1.5 THIRD PARTY SOFTWARE, TERMS & CONDITIONS

  • (a) You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply to your use of the Solution, as updated from time to time.

  • (b) You agree to any Third Party Terms applicable to any third party goods and services that are used in providing the Solution, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

  • (c) Without limiting clause 1.5(b), we will take reasonable steps to notify you of Third Party Terms.

  • (d) You acknowledge and agree that issues can arise with transferring data to software and between software, and when integrating software with other software. We cannot guarantee the integration processes to other software will be free from errors, defects or delay. You agree that we will not be liable for the functionality of any third party goods or services, including any software.

2. SERVICES

2.1 SERVICES

We will perform Services in accordance with an Order Form.

2.2 CHANGES TO SCOP

  • (a) You must pay a 'change in scope fee', in an amount reasonably determined by us (Change Fee), for changes to Services you request which alter the scope set out in the relevant Order Form and require us to perform additional work or incur additional costs (Changes).

  • (b) Unless otherwise agreed in writing, we may in our discretion extend or modify any delivery schedule or deadlines for Services as may be reasonably required by such Changes.

  • c) We will only be required to perform Changes, if:

  • (i) we agree in writing to perform the Changes;

  • (ii) you confirm in writing that you wish for us to proceed with the Changes and the relevant Change Fee; and

  • (iii) you pay the Change Fee, in accordance with clause 4 as if it was a Subscription Fee.

2.3 KEY DATES AND TIMES

  • (a) Key Dates and / or Times set out in an Order Form in relation to the Services are indicative only and are included as a guide for when the Services are expected to be performed, unless otherwise agreed in writing.

  • (b) We may, due to various reasons beyond our control, need to make reasonable adjustments to Key Dates and / or Times. We will notify you if more than a 24 hour variation is required.

2.4 PERSONNEL

We will endeavour to ensure that Services are performed by personnel who are suitably qualified, with appropriate skills and experience to perform the Services to an acceptable standard.

2.5 THIRD PARTY TERMS AND CONDITIONS

  • (a) You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply to your use of the Solution, as updated from time to time.

  • (b) You agree to any Third Party Terms applicable to any third party goods and services that are used in providing the Solution, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

  • (c) Without limiting clause 1.5(b), we will take reasonable steps to notify you of Third Party Terms.

  • (d) You acknowledge and agree that issues can arise with transferring data to software and between software, and when integrating software with other software. We cannot guarantee the integration processes to other software will be free from errors, defects or delay. You agree that we will not be liable for the functionality of any third party goods or services, including any software.

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