Terms of Service

1. About these terms

These terms are an agreement between Myaccountant Technology Pty Ltd (ABN 81 610 976 719) (we, us) and the organisation that registers for ATO Connect (you). They apply to the ATO Connect portal, APIs, documentation and related services (the Platform).

The person who accepts these terms confirms they have authority to bind the organisation. Our Privacy Policy and Acceptable Use Policy form part of these terms.

2. What the Platform does

The Platform lets your software send data to, and receive responses from, the Australian Taxation Office (ATO) through its digital services. We act as a transmission service only. We do not prepare, review, approve or lodge returns, statements or other documents on anyone's behalf, and we do not give tax, accounting or legal advice.

ATO Connect is not affiliated with or endorsed by the ATO. The availability and behaviour of ATO services are controlled by the ATO, not by us.

3. Your responsibilities

You are responsible for:

• the accuracy, completeness and lawfulness of all data your software sends through the Platform;
• obtaining and keeping every client authorisation, agent appointment and declaration that the law or the ATO requires before data is lodged, and producing them to us or the ATO on request;
• meeting your own obligations to the ATO, including any Digital Service Provider requirements that apply to you;
• checking ATO responses and acting on any rejections, errors or messages returned;
• keeping your credentials secure and everything done using them;
• complying with the Privacy Act 1988 (Cth) and other laws in your use of the Platform.

4. Environments and production access

You may use the EVTE test environment for development and conformance testing. We grant access to the production environment (PROD) at our discretion, after you have passed the conformance testing that applies and completed our PROD readiness checks. You must not send test or fictitious data to PROD.

5. Fees

Fees, billing periods and payment terms are set out in a separate order form agreed between us. If there is no order form, no fees apply until one is agreed. Amounts are in Australian dollars and exclude GST unless the order form says otherwise.

6. Suspension

We may suspend or limit your access to all or part of the Platform, with notice where practicable, if:

• you breach these terms or the Acceptable Use Policy;
• we reasonably suspect fraud, unauthorised access or a security risk;
• the ATO requires us to, or ATO requirements for Digital Service Providers would otherwise be breached;
• fees under an order form are overdue.

We will restore access once the reason for the suspension has been resolved.

7. Service availability

We aim to keep the Platform available and to fix problems promptly, but we do not promise uninterrupted or error-free service unless an order form includes a service level. We may carry out maintenance and will try to give notice of planned outages.

8. Data and confidentiality

You own the data your software sends through the Platform. You give us the rights we need to host, process and transmit that data to provide the Platform. We handle personal information as described in our Privacy Policy and keep your confidential information confidential, except where disclosure is required by law or to the ATO to perform the service.

9. Intellectual property

We own the Platform and its documentation. We give you a non-exclusive, non-transferable licence to use them to integrate your software with the Platform while these terms are in force.

10. Liability

Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded or limited. Where our liability for failing to meet a consumer guarantee can be limited, it is limited (at our option) to supplying the services again or paying the cost of having them supplied again.

Subject to that:

• we are not liable for any loss arising from inaccurate or incomplete data you send, missing client authorisations or declarations, or the acts, omissions or unavailability of the ATO;
• we are not liable for indirect or consequential loss, or for loss of profit, revenue or data;
• our total liability under or in connection with these terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

You indemnify us against claims by third parties, including your clients, arising from data you send or your breach of these terms, except to the extent we caused the loss.

11. Ending these terms

You may stop using the Platform at any time, subject to any minimum term in an order form. We may end these terms on 30 days' notice, or immediately if you materially breach them and do not fix the breach within 14 days of notice. When the terms end, your access stops and we handle your data as described in our Privacy Policy and as the law requires.

12. Changes

We may update these terms. We will give you at least 30 days' notice of material changes by email or in the portal. If you keep using the Platform after a change takes effect, the updated terms apply.

13. General

These terms are governed by the laws of Victoria, Australia, and each party submits to the non-exclusive jurisdiction of the courts of Victoria. If any part of these terms is unenforceable, the rest continues to apply. You may not assign these terms without our consent.

14. Contact

Myaccountant Technology Pty Ltd, Level 1, 43 Stewart Street, Richmond VIC 3121. Email support@myaccountant.com.au.