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Lodge with us now Ok, got itAirtax – Terms of Business
This statement was last updated on the date identified at: vialto.com/about.
1. About Airtax services (general)
Tax Compliance Services
The following is a summary of tax compliance services provided by Airtax, and applicable fees. Further information about eligibility, and terms of use for, these tax compliance services is set out under section 2 below.
Vialto Partners may assist you with Australian tax compliance, as follows:
What assistance does Airtax offer you to complete your GST or ITR compliance obligations?
We may also agree to provide other services to you as part of our Airtax services. Additional items within the scope of our services may be agreed by email and will be subject to these Terms of Business.
Immigration Services
The following is a summary of immigration services provided by Airtax, and applicable fees. Further information about eligibility, and terms of use for, these immigration services is set out under section 3 below.
Personnel of Vialto Partners are authorised as a registered migration agents to assist you with immigration services (Services) via Airtax, to determine your eligibility to apply for the relevant visa.
The eligibility assessment will be limited to a 30 minute phone call during which we will discuss practical visa options in relation to your circumstances, and your eligibility to apply for these visa. A meeting note summary will be available thereafter upon request.
After your visa eligibility is confirmed, we will provide services pertaining to your selected visa subclass, which include the following:
We will assist you with the visa application, including providing detailed instructions on necessary documents, preparing required Department of Home Affairs application forms and submission of the application with the Department of Home Affairs.
We may also agree to provide other services to you as part of our Airtax services. Additional items within the scope of our services may be agreed by email and will be subject to these Terms of Business.
2. Airtax tax services
Basis of providing our services
Our services are based on our understanding of current law and the current policy and practice of the ATO or other relevant tax authority as at the time we provide the relevant services.
Who is eligible to use Airtax?
a) All Airtax servicesTo use Airtax, you need to earn your income as an individual (i.e. not earning income as a partnership or an entity such as a company) and be eligible based on Vialto Partner’s client acceptance rules. We use information provided by you during the registration process to assist in determining your eligibility.
If you are eligible, you can start using the service immediately.
Unfortunately, you cannot use our Airtax services if:
You cannot use our Airtax services for preparation and lodgement of your BAS if you:
You cannot use our Airtax services for preparation and lodgement of your ITR if, relating to the period being lodged, you:
Powers of tax authorities
It is important to keep in mind that the positions taken in activity statements, tax returns or other documents (including the BAS and ITR) lodged with tax and revenue authorities are not beyond challenge by the relevant authority and that tax and revenue authorities may have wide-ranging powers of investigation and discovery.
Record keeping
All tax and revenue laws in Australia require taxpayers to keep full and accurate records relating to their tax affairs. Penalties may be imposed if a taxpayer fails to comply with these requirements. Maintaining comprehensive records can also be beneficial in supporting your position in a tax dispute as the onus of proof is with the taxpayer.
Records must generally be kept for five years after the later of the date on which:
Communication preferences
The ATO have communication preferences that determine whether certain communications from them are sent to Vialto Partners (as your tax and/or BAS agent) or to you (per your postal address or myGov account).
If you are an Airtax Platinum user, we will set your ATO communication preferences to Vialto Partners (as your Tax Agent) for Income Tax and Debt categories. Communications relating to the other four categories will continue to be sent to you. For all other users, the preferences will be set so that all items are sent directly to you.
Self assessment
The information provided in a statement or return, and lodgement itself, will in many cases, create a deemed assessment of the amount disclosed in the return or statement. However, the tax authorities are empowered to:
A taxpayer may lodge an objection disputing an assessment (or amended assessment), but this must be done within certain time limits. The time limits depend on individual circumstances and may be up to four years from the date of the original assessment.
If there is an adverse decision on an objection, it may be appealed through the Administrative Appeals Tribunal.
Airtax Help Centre / FAQ
We will provide you with access to a Help Centre. This will provide general information that is publicly available. We will not provide you any information which is specific to your circumstances or anything that may constitute advice.
BAS and/or Tax Agent
You appoint Vialto Partners to be your BAS Agent and/or your Tax Agent to prepare and lodge the relevant BAS and/or ITR only. This includes authorising Vialto Partners to give the BAS and/or ITR to the Commissioner of Taxation.
For Airtax Platinum users Vialto Partners will also be an authorised contact person with the ATO for you, and we will set your ATO communication preferences for Income Tax and Debt categories. If applicable, communication relating to Superannuation, Study and training support loans, Activity statement related, and Employer and business obligations categories will continue to be sent to you.
For all other users of Airtax (i.e. Airtax Consumer), Vialto Partners will not be an authorised contact person with the ATO for you. Vialto Partners will not, as part of its scope of services, assist you with any dispute with the ATO.
Penalty regime
Tax authorities have strict penalty regimes for the late lodgement of tax returns.
Under the Australian regime, the base penalty is $222 for failing to lodge a tax return on time for each period of 28 days (or part of a period of 28 days) up to a maximum non-deductible base penalty of $1100. If you provide us with all the relevant information in sufficient time for us to lodge the return by the due date, administrative penalties for late lodgement of the return may not apply if the return is actually lodged late.
Other penalties and interest can also apply where late payments are made, or where other forms are filed late.
Australian lodgement dates
The default lodgement date for all taxpayers in Australia is 31 October for the immediately preceding 30 June. Where a taxpayer is on a Tax Agent's lodgement program and the taxpayer is up-to-date with their prior year returns, the taxpayer may have an extended lodgement date of 31 March or 15 May following the preceding 30 June.
Taxpayers who are included on a Tax Agent lodgement program must lodge their Australian returns on-time and electronically, in order for the Tax Agent to continue to benefit from the extended lodgement dates. Accordingly, we reserve the right to remove you from our lodgement program if you do not authorise electronic lodgement of your return within a reasonable period prior to the due date.
If you are removed from our lodgement program, your lodgement date will revert to the default lodgement date of 31 October and any late lodgement penalties and interest will then be calculated from this date and not the extended lodgement date under the Tax Agent's lodgement program.
No legal services
Vialto Partners is a multi-disciplinary partnership which provides legal and non-legal services in certain states of Australia. The services do not include any legal services.
The Services provided under this engagement may be provided by partners or professional staff of Vialto Partners who are Australian legal practitioners (as defined in legislation regulating the provision of legal services in Australia). You acknowledge and agree that all Services provided under this engagement by Australian legal practitioners are provided to you in a capacity other than as an Australian legal practitioner (e.g. as a registered tax agent) and are not provided as legal services. As a result your, and Vialto Partner's, rights and obligations will be different to those arising had the Services been provided to you as legal services. In particular, the relevant State legal profession legislation does not apply to the provision of these services.
Terms & Conditions for use of Airtax tax compliance services
Set out below are the terms & conditions that apply to your use of Airtax, subject to Vialto Partners confirming that you are eligible. Vialto Partners will check your eligibility to use Airtax based on the information you have provided using Airtax.
A contract with Vialto Partners in relation to Vialto Partner’s provision of the Services is not formed unless and until Vialto Partners confirms your eligibility; however, clauses 4, 5, 6 and 15 of the terms & conditions, relating to confidentiality and privacy, liability, use of Airtax and data hosting, will have effect from when you click “Accept” on the terms and conditions.
. If anything in these terms & conditions is inconsistent with any other information that we provide to you, including through Airtax, these terms & conditions take precedence (with the exception of Airtax Platinum users, for whom the agreed engagement terms take precedence).
1 Our Services
1.1 Scope – This agreement sets out the terms & conditions on which we permit you to use Airtax tax compliance services. We provide our Services to you via your use of Airtax.
1.2 Changes – We may modify these terms & conditions at any time by incorporating a revised version into Airtax or by notifying you. The effective date of any modification of the terms & conditions will be upon incorporation into Airtax. By continuing to use the Services after the effective date of any modification, you are bound by the modified terms & conditions. It is your responsibility to check the terms & conditions for modifications. Any other changes to the Services or these terms & conditions must be agreed between us in writing.
1.3 Services for your benefit – Our Services are provided solely for your use for the purpose of preparation of business activity statements (“BAS”) and/or income tax returns and lodgement of BAS and/or ITR with the Australian Taxation Office (“ATO”).
1.4 Authorisation to prepare and lodge BAS and/or ITR – By accepting these terms & conditions, you authorise us to prepare your BAS and/or ITR on your behalf, as your BAS agent and/or tax agent. By authorising us to lodge a BAS and/or ITR in Airtax, you authorise us to lodge the BAS and/or ITR on your behalf, as your BAS agent and/or tax agent.
1.5 No liability to third parties – We accept no liability or responsibility to any third party in connection with our Services. You agree to reimburse us for any liability (including reasonable legal costs) we incur in connection with any claim by a third party arising from your breach of this agreement.
2 Your responsibilities
2.1 Generally – You must ensure we are permitted to use any third party information or intellectual property rights you require us to use to perform the Services.
2.2 Information – You are responsible for the completeness and accuracy of all the information used to complete your BAS and/or ITR in Airtax, irrespective of the source of that data. We will rely on this information to provide Services to you and accept no responsibility for its completeness or accuracy.
2.3 Records – You must keep adequate records to substantiate all amounts referred to in a BAS and/or ITR, by retaining valid tax invoices or similar evidence.
2.4 Interdependence – Our performance depends on you also performing your obligations under this agreement. You agree we are not liable for any default to the extent it arises because you do not fulfil your obligations.
2.5 Third party information – You must authorise third parties who hold relevant information (for example, information about revenue) to provide that information to us for the purpose of use in Airtax, if requested by us.
2.6 BAS and/or ITR declaration – You must ensure that any declaration or other statement you make in connection with a BAS and/or ITR is correct.
3 Fees
The following applies to all users of Airtax other than Airtax Platinum users (i.e. Airtax Consumer)
3.1 You must pay our fees for the Services.
3.2 Free for each of the automatic ABN and GST registration processes, except where we are unable to automatically finalise these applications and need to resolve with the ABR/ATO. These applications will need to utilise the ABN service for $49.
3.3 $49 for preparation and lodgement of each BAS where income is >$0. Free for preparation and lodgement of each BAS where income is $0. Free for preparation and lodgement of the first BAS after the user connects their Uber, Square or QBSE account
3.4 The fee for preparation and lodgement of an ITR using Airtax is $99 for the Tax Essentials service (where it does not have income items shown in the exclusion list below), $149 for a Business Assist phone call (which includes free BAS lodgement), $179 for a Tax Assist phone call (which includes free ITR lodgement), and $349 for a Tax Professional (formerly Tax Companion) phone call (which includes $99 credit applied to the user’s account). Payment is due on an annual basis and prior to the ITR lodgement.
3.5 For Airtax Platinumn Customers- The costs of this service will be covered under a separate agreement and not passed onto the customer.
3.6 All fees are inclusive of GST.
3.7 All fees must be paid by credit card. You consent to the fees being charged to your credit card through the use of the Stripe Australia Pty Limited payment facility (“Stripe”) which will process the credit card transaction. You consent to Vialto Partners providing your personal information and details of the Services to Stripe as required by the terms of the agreement between Vialto Partners and Stripe.
3.8 From time to time, at Vialto Partner’s discretion, a discount on the price stated above may be available. If you are entitled to the benefit of a discount then the discounted amount, rather than the amount stated above, will be the applicable price.
4 Confidentiality and privacy
4.1 Confidential information – We each agree not to disclose each other’s confidential information, except for disclosures required by law, or confidential disclosures by Vialto Partners under its policies.
4.2 Privacy – Our approach to privacy is set out in our Privacy Policy, available at www.vialto.com/privacy. You agree to comply with the Privacy Act 1988 (Cth) when providing us with information. We agree to cooperate with each other in addressing our respective privacy obligations in connection with the Services.
4.3 You confirm that we are authorised to provide details contained in documents you provide to us for verification purposes (for example, your Australian passport) to our third party verification service providers. You consent to their use and transmission of, and access to, such details as set out in the Information Collection Statement – see below.
5 Liability
5.1 Accountants scheme – Our partners are members or affiliate members of Chartered Accountants Australia and New Zealand (“CAANZ”). Where CAANZ schemes have been approved under professional standards legislation in force in Australian states or territories, our liability in connection with the Services is limited in accordance with those CAANZ schemes. Legislation providing for apportionment of liability also applies.
5.2 Liability cap where no scheme – Where our liability is not limited by a scheme, you agree our liability for all claims connected directly or indirectly with the Services (including claims of negligence) is limited to an amount equal to the amount of the fees paid for the Services in the previous 12 month period.
5.3 Consequential loss – To the extent permitted by law, we exclude all liability for:
a) loss or corruption of data5.4 Guarantees, warranties or conditions – All express or implied guarantees, warranties or conditions relating to this agreement or its subject matter, not contained in this agreement, are excluded from this agreement to the maximum extent permitted by law, and:
a) nothing in this agreement excludes, restricts or modifies any guarantee, condition, warranty, right or remedy implied or imposed by any statute which cannot lawfully be excluded, restricted or modified (Non-Excludable Condition).(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
5.5 Indemnity – You agree to indemnify and hold harmless Vialto Partners, its partners and staff (Vialto Entities) from any claims, expenses or costs incurred by a Vialto Partners Entity which arise out of or in connection with any inaccuracies, errors or omissions in the information provided to us for the purposes of the Services (including but not limited to as a result of use of any data aggregation service as set out in these terms & conditions).
6 Electronic communications and use of Airtax
6.1 Electronic communications – We each agree to take reasonable precautions to protect our own information technology systems, including implementing reasonable procedures to guard against viruses and unauthorised interception, access, use, corruption, loss or delay of electronic communications.
6.2 Use of Airtax – We permit you to use Airtax on the terms & conditions of this agreement. In relation to your use of Airtax, and any data aggregation platform you use in conjunction with Airtax, you agree that:
a) Airtax remains our property, and no intellectual property in it is transferred to you under the terms of this agreement or otherwise.6.3 Connecting to Airtax through a third party service – If you log on to Airtax through a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service.
7 Subcontractors (including other Vialto Entities firms)
7.1 Subcontractors – We may use subcontractors, including other Vialto Entities firms (in Australia or overseas) to perform or assist us to perform the Services. Despite this, we remain solely responsible for the Services.
7.2 No claims against other Vialto Entities firms - No other Vialto Entity firm has any liability to you in connection with the Services or this agreement and you agree not to bring and to ensure none of your affiliates brings any claim (including in negligence) against any other Vialto Partners firm or its partners or employees in connection with the Services (including in connection with Airtax) or this agreement. Any partner or employee of another Vialto Partners firm who deals with you in connection with the Services does so solely on our behalf.
7.3 Benefit of clause 7.2 - Clause 7.2 is for the benefit of other Vialto Partners firms and their partners and employees (each a beneficiary). You agree each beneficiary may rely on clause 7.2 as if they were a party to this agreement. Each beneficiary that provides or assists in providing the Services relies on the protections in clause 7.2 and we accept the benefit of clause 7.2 on their behalf.
7.4 Transfer of information - We use contractors or suppliers located in Australia and overseas to provide us with Services we use in performing Services and in our internal functions. Other Vialto Partners firms may be involved in our client relationship management and other admin systems and in quality reviews. You consent to information provided to us by you or on your behalf (including personal information and your confidential information) being transferred to those contractors and suppliers and to other Vialto Partners firms and our subcontractors, so long as they are bound by confidentiality obligations.
8 Filing and destruction of documents
You are responsible for keeping records in connection with any BAS and /or ITR prepared and lodged on your behalf. We provide an optional service to upload expense items including receipts to store digital documents. If you upload documents or material with us, we may at our discretion delete or destroy them (except to the extent we are required by law to retain them).
9 Termination
9.1 By notice – Either of us may terminate this agreement by giving the other 14 days notice via notification in Airtax (unless it would be unlawful to do so). This agreement terminates on expiry of that notice.
9.2 Changes affecting independence – Changes to the law or other circumstances beyond our reasonable control may mean that providing the Services to you results in us ceasing to be independent of an audit client. If that happens, we may terminate this agreement immediately by giving you notice in writing.
9.3 Fees payable on termination – You agree to pay us for all Services we perform before termination on the basis set out in the Fees section of Airtax.
9.4 Clauses applying after termination – The following clauses continue to apply after termination of this agreement: 1.3, 1.4, 1.5, 2.3, 3, 4, 5, 7, 9.3, 9.4, 14 and 15.
10 Relationship
We are your independent contractor. You agree that we are not in a partnership, joint venture, fiduciary, employment, agency or other relationship with you. Neither of us has power to bind the other.
11 Corporations Act and SEC prohibitions
Nothing in this agreement applies to the extent that it is prohibited by the Corporations Act 2001 (Cth) or the rules of the US Securities and Exchange Commission.
12 Force majeure
Neither of us is liable to the other for delay or failure to fulfil obligations (other than an obligation to pay) to the extent that the delay or failure arises due to an unforeseen event beyond their reasonable control which is not otherwise dealt with in this agreement. Each of us agrees to use reasonable endeavours to remove or overcome the effects of the relevant event without delay.
13 Assignment
You cannot assign or deal with your rights under this agreement without our prior written consent.
14 Applicable law
The law applying to this agreement is the law in force in New South Wales. Both of us submit to the exclusive jurisdiction of the courts of that state and waive any right either of us may have to claim that those courts do not have jurisdiction or are an inconvenient forum.
15 Data Hosting
We use third party providers of cloud-based PaaS and data hosting to host Airtax. We store the information in the cloud environment in an encrypted format. You acknowledge that any information inputted into Airtax (including any personal information) will therefore be transferred to the PaaS and data hosting providers (who may in turn provide the information to other parties) (together, the Data Host), which may be located outside of Australia. The Data Host may not be subject to privacy obligations that are similar to the Australian Privacy Principles, and may be subject to a foreign law that could compel the disclosure of information (including personal information) to a third party, such as an overseas authority. You agree that in no event shall Vialto Partners or its beneficiaries be liable for any loss of any kind (including loss of your data) arising from an act or omission (including a negligent or dishonest act or omission) of a Data Host, which may include the following:
a) Airtax being subject to scheduled or unscheduled downtime;As an end user of Airtax, you must not do anything or omit to do anything that would give rise to a liability of Vialto Partners (if it were our act or omission) under the below terms applicable to hosting:
a) the AWS Customer Agreement available at http://aws.amazon.com/legal/as modified from time to time (Customer Agreement), including without limitation by breaching the Acceptable Use Policy or other Policies (each as defined in that agreement); and16 Referrals / coupon codes
If you use the referral feature of Airtax, the following terms apply:
In addition, coupon codes cannot be used if your account is in credit and can only be used once.
17 Data Source Access
Customer has engaged Basiq Pty Ltd (ABN 95 616 592 011) (Basiq) which operates a data aggregation platform (Aggregation Platform) to retrieve and collate User Data (as defined below). The provisions of this clause 17 apply if you make use of the Aggregation Platform while using Airtax.
You authorise us and our service providers, expressly including Basiq, as your limited agent solely for the purpose of accessing third party data sources designated by you (User Accounts) through such third party websites, applications and servers, and retrieving information and related documents (User Data) from the designated User Accounts for the purposes of collecting and collating the User Data obtained. We and Basiq will use due skill and care in acting as limited agents.
For these purposes, you licence to us, and authorise us to grant Basiq a non-exclusive, royalty-free sub-licence to authentication details and other information required for the access to User Accounts.
You agree that the User Account providers shall be entitled to rely on the authorisation granted as set out above and the appointment as agent.
You warrant and agree that:
You acknowledge that Basiq is acting as our subcontractor and that your sole recourse is under your agreement with us. Basiq is in no way responsible for your relationship with the providers of User Accounts or with us, or any of their products, services, acts or omissions. To the extent permitted by law, you release Basiq from all liability and will hold Basiq harmless against any and all claims resulting directly or indirectly from Basiq’s access to User Accounts and the retrieval and collation of User Data.
For information on Basiq’s privacy practices, please review Basiq’s privacy policy available on its website.
Basiq may monitor, analyse and collate data and information provided by us or by you, or related to our or your use of the Aggregation Platform and Basiq’s services, for the purposes of providing the Aggregation Platform and performing those services, and de-identify User Data in accordance with any requirements of a regulator (De-Identified Data) and with due care and skill. De-Identified data will be used in connection with Basiq’s support services, facilitating customer support queries, improving and developing services and products but will not be used for any other purpose or commercially exploited or provided to any third party that is not Basiq personnel (other than where Basiq is legally compelled to do so). You consent to Basiq’s collection, use, disclosure, and de-identification of User Data for those purposes.
18 Definitions
In this agreement the following words and expressions have the meanings given to them below
18.1 Vialto Partners firm – an entity or partnership which carries on business under a name which includes all or part of the name ‘Vialto Partners’, or is otherwise within or a correspondent firm of the global network of Vialto Partners firms, each of which is a separate and independent legal entity
18.2 Services – use of Airtax as set out in this agreement
18.3 this agreement – these terms & conditions
18.4 you – the client for whom the Services are provided
18.5 we, us, or Vialto Partners – the Australian firm of Vialto Partners, a partnership formed in Australia.
3. Airtax immigration services
Basis of providing our services
The Services are regulated by the Migration Act 1958 (Cth). By law we are required to abide by the professional standards as contained within the Code of Conduct for Registered Migration Agents (the Code). We are able to provide a copy of the Code to you on request or the Code may be accessed by you directly at www.themara.com.au.
If another Vialto Partners firm (as defined in these terms of use) assists in the provision of the Services, you agree that we will disclose information relating to your affairs to that firm.
In addition, please find a link to the Consumer Guide available on the Mara site https://www.mara.gov.au/media/152338/consumer_guide_english.pdf
Progress of application
We will keep you informed of the progress of the application. On request we will provide you copies of your application and any related documents. We may charge a reasonable fee for any copies provided.
In accordance with the regulations governing our practice as Registered Migration Agents, we cannot guarantee the success of any application lodged on your behalf. However, before proceeding to submission of an application to the Department of Home Affairs, we agree to alert you to issues that are known to us that may hinder or otherwise affect the success of a proposed application.
Scope of services
The scope of services for each visa application include:
Scope exclusions
Our Services do not include the following:
A separate engagement is required should you wish us to engage us to carry out any additional services. Any changes to the scope of the Services must be agreed in writing between us.
Timetable
Subject to providing us with the information required in a timely manner we expect we will collate, review and lodge your application within 6 to 8 weeks from receiving instructions.
Processing times within the Department of Home Affairs may vary depending on a number of factors including; application type, current volumes, Australian and foreign immigration policies. Substantial delays may arise due to unforeseen issues. We will alert you to issues that may lead to substantial delays in the processing of any application we undertake for you.
Terms & Conditions
The terms & conditions set out below apply to your use of Airtax Immigration, subject to Vialto Partners confirming that you are eligible to apply for the relevant visa.
A contract with Vialto Partners in relation to Vialto Partner’s provision of the Services for Vialto Partners to provide you with immigration services; however, clauses 4, 5, 6 and 15 of these terms & conditions, relating to confidentiality and privacy, liability, and data hosting, will have effect from when you click “Accept” on the terms and conditions.
If anything in these terms & conditions is inconsistent with any other information that we provide to you, including through Airtax Immigration, these terms & conditions take precedence.
1 Our Services
1.1 Scope – These terms & conditions set out the agreement under which we provide Airtax Immigration. We provide our Services to you via your use of Airtax Immigration.
1.2 Changes – We may modify these terms & conditions at any time by incorporating a revised version into Airtax Immigration or by notifying you. The effective date of any modification of the terms & conditions will be upon incorporation into Airtax Immigration. By continuing to use the Services after the effective date of any modification, you are bound by the modified terms & conditions. It is your responsibility to check the terms & conditions for modifications. Any other changes to the Services or these terms & conditions must be agreed between us in writing.
1.3 Services for your benefit – Our Services are provided solely for your use for the purpose .
1.4 Authorisation to prepare and lodge – By accepting these terms & conditions, you authorise us to prepare your visa application, as your registered migration agent, after your eligibility to apply for the relevant visa is confirmed.
1.5 No liability to third parties – We accept no liability or responsibility to any third party in connection with our Services. You agree to reimburse us for any liability (including reasonable legal costs) we incur in connection with any claim by a third party arising from your breach of this agreement.
2 Your responsibilities
2.1 Generally – You must ensure we are permitted to use any third party information or intellectual property rights you require us to use to perform the Services.
2.2 Information – You are responsible for the truth, completeness and accuracy of all the information used to complete your visa application in Airtax Immigration, irrespective of the source of that data. We will rely on this information to provide Services to you and accept no responsibility for its completeness or accuracy. We are not responsible for any default arising in connection with any information provided to us that is inaccurate, incomplete or false.
2.3 Records – You must keep adequate records to substantiate all information included in a visa application.
2.4 Interdependence – Our performance depends on you also performing your obligations under this agreement. You agree we are not liable for any default to the extent it arises because you do not fulfil your obligations.
2.5 Timeliness - You agree to provide us with requested documentation in a timely manner and prior to any deadlines required by the Department of Home Affairs.
2.6 Third party information – You must authorise third parties who hold relevant information to provide that information to us for the purpose of use in Airtax Immigration, if requested by us.
2.7 Visa application declaration – You must ensure that any declaration or other statement you make in connection with a visa application is correct.
2.8 Indemnity - You agree to indemnify and hold harmless Vialto Partners, its partners and staff from any claims, expenses or costs incurred by a Vialto Partners Entity which arise out of or in connection with:
a) any inaccuracies, errors or omissions in the information provided to us (including by an employee) for the purposes of the Services; and2.9 Australian Citizenship test and ceremony – Where applicable, you agree to attend a citizenship test and ceremony as per instructions. We are not responsible for the failure of your application if you do not attend the required appointments.
3 Fees
3.1 You must pay our fees for the Services,
3.2 The fee for an eligibility assessment (30 minute phone call) is $349 . You will be charged by credit card prior to the eligibility assessment.3.3 Our professional fee for visa application assistance will be confirmed upon your agreement to utilise our migration agent services following the eligibility assessment. The $349 paid upfront for the eligibility assessment will be deducted from our professional fee for visa application assistance.
3.4 Expenses – You agree to pay any reasonable expenses we incur in connection with the services (other than expenses covered by the administration charge in clause 3.3). These expenses would include any Government lodgment fees in relation to any application.
3.5 Administration charge – You agree to pay an administration charge equal to 2% of our fees to cover costs such as telecommunications, stationery, printing, photocopying, mail and administrative support.
3.6 All fees are inclusive of GST.
3.7 Compliance costs – If we are required to provide information regarding you or the services to comply with a statutory obligation, court order or other compulsory process, you agree to pay the reasonable costs and expenses we incur in doing so. This includes time spent by professional staff and our reasonable legal costs. This clause does not apply to the extent a compulsory process relates to our alleged wrongdoing.
3.8 The current Government lodgement fees are as follows:
|
Government Fees (2021) |
|
|
Subclass 186 Nomination Fee |
$540 |
|
186 visa – primary applicant |
$4,115 |
|
186 visa – dependent (over 18) |
$2,060 |
|
186 visa – dependent child |
$1,030 |
|
Subclass 187 – Nomination |
$0 |
|
187 visa – primary applicant |
$4,115 |
|
187 visa – dependent (over 18) |
$2,060 |
|
187 visa – dependent child |
$1,030 |
|
Skilling Australia Fund (per nomination / application) (dependent on company attrition) |
$3,000-$5,000 |
|
Subclass 820/801 Lodgement – Primary |
$7,850 |
|
Subclass 820/801 – dependent (over 18) |
$3,930 |
|
Subclass 820/801 – dependent child |
$1,965 |
|
Australian Partner Visa Application (Subclass 309/100) |
$7,850 |
|
Independent (Subclass 189) Visa - Primary Skilled |
$4,115 |
|
Skilled Independent (Subclass 189) Visa – dependent (over 18) |
$2,055 |
|
Skilled Independent (Subclass 189) Visa – dependent child |
$1,030 |
|
Skilled Independent (Subclass 189) Visa – New Zealand Citizen Stream – Primary |
$4,115 |
|
Skilled Independent (Subclass 189) Visa – New Zealand Citizen Stream – dependent (over 18) |
$2,055 |
|
Skilled Independent (Subclass 189) Visa – New Zealand Citizen Stream – dependent child |
$1,030 |
|
Skilled Independent (Subclass 190) Visa - Primary |
$4,115 |
|
Skilled Independent (Subclass 190) Visa – dependent (over 18) |
$2,060 |
|
Skilled Independent (Subclass 190) Visa – dependent child |
$1,030 |
|
Australian Citizenship Application – General Eligibility |
$490 |
|
Australian Citizenship Application – Other Eligibility |
$315 |
|
Australian Citizenship Application – Concession Eligibility |
$70 |
|
Visitor Visa (Subclass 600) per applicant |
$145 |
|
Subclass 155 RVV |
$410 |
|
Significant Investor Visa (Subclass 188) – Primary applicant (Business Innovation) |
$6,085 |
|
Significant Investor Visa (Subclass 188) – dependent (over 18) (Business Innovation) |
$3,045 |
|
Significant Investor Visa (Subclass 188) – dependent child (Business Innovation) |
$1,520 |
|
Subclass 143 - First Instalment – Primary |
$4,225 |
|
Subclass 143 - First Instalment – dependent (over 18) |
$1,425 |
|
Subclass 143 - First Instalment – dependent child |
$715 |
|
Subclass 143 - Second Instalment (each applicant) |
$43,600 |
|
Australian Permanent Residence Application under the Contributory Age Parent – Subclass 864 Visa – Primary applicant (First Instalment) |
$4,225 |
|
Australian Permanent Residence Application under the Contributory Age Parent – Subclass 864 Visa – dependent (over 18) (First Instalment) |
$2,011 |
|
Australian Permanent Residence Application under the Contributory Age Parent – Subclass 864 Visa – dependent child (First Instalment) |
$1,060 |
|
Australian Permanent Residence Application under the Contributory Age Parent – Subclass 864 Visa – (Second Instalment) (each applicant) |
$43,600 |
Government lodgement fees are payable at the time of submission of an application to the Department of Home Affairs and are regularly adjusted by the Department of Home Affairs. Increases to the government lodgement fees indicated above will be payable by you.
3.9 A surcharge ranging from 1.08% to 2.91% is payable for credit card payments of government lodgement fees. Unless otherwise instructed, payment of government lodgement fees will be arranged by us on your behalf using American Express. In this case, you agree to cover the 1.4% American Express credit card surcharge incurred as a result of arranging payment of any government lodgement fees on your behalf.
3.10 As payments will be made through the Vialto Partners Trust Account, you agree to cover expenses in relation to this. You agree to pay $20 to open a new ledger, $10 for each deposit and $50 for each disbursement.
3.10 If you pay fees by credit card, you consent to the fees being charged to your credit card through the use of the Stripe Australia Pty Limited payment facility (“Stripe”) which will process the credit card transaction. You consent to Vialto Partners providing your personal information and details of the Services to Stripe as required by the terms of the agreement between Vialto Partners and Stripe.
3.11 From time to time, at Vialto Partner’s discretion, a discount on the price stated above may be available. If you are entitled to the benefit of a discount then the discounted amount, rather than the amount stated above, will be the applicable price.
4 Confidentiality and privacy
4.1 Confidential information – We each agree not to disclose each other’s confidential information, except for disclosures required by law, or confidential disclosures by Vialto Partners under its policies.
4.2 Privacy – Our approach to privacy is set out in our Privacy Policy, available at www.vialto.com/privacy. You agree to comply with the Privacy Act 1988 (Cth) when providing us with information. We agree to cooperate with each other in addressing our respective privacy obligations in connection with the Services.
4.3 You confirm that we are authorised to provide details contained in documents you provide to us for verification purposes (for example, your Australian passport) to our third party verification service providers. You consent to their use and transmission of, and access to, such details as set out in the Information Collection Statement – see below.
5 Liability
5.1 Accountants scheme – Our partners are members or affiliate members of Chartered Accountants Australia and New Zealand (“CAANZ”). Where CAANZ schemes have been approved under professional standards legislation in force in Australian states or territories, our liability in connection with the Services is limited in accordance with those CAANZ schemes. Legislation providing for apportionment of liability also applies.
5.2 Liability cap where no scheme – Where our liability is not limited by a scheme, you agree our liability for all claims connected directly or indirectly with the Services (including claims of negligence) is limited to an amount equal to the amount of the fees paid for the Services in the previous 12 month period.
5.3 Consequential loss – To the extent permitted by law, we exclude all liability for:
a) loss or corruption of data5.4 Guarantees, warranties or conditions – All express or implied guarantees, warranties or conditions relating to this agreement or its subject matter, not contained in this agreement, are excluded from this agreement to the maximum extent permitted by law, and:
a) nothing in this agreement excludes, restricts or modifies any guarantee, condition, warranty, right or remedy implied or imposed by any statute which cannot lawfully be excluded, restricted or modified (Non-Excludable Condition).(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
6 Electronic communications and use of AirtaxImmigration
6.1 Electronic communications – We each agree to take reasonable precautions to protect our own information technology systems, including implementing reasonable procedures to guard against viruses and unauthorised interception, access, use, corruption, loss or delay of electronic communications.
6.2 Use of Airtax Immigration – We permit you to use Airtax Immigration on the terms & conditions of this agreement. In relation to your use of Airtax Immigration, you agree that:
a) Airtax Immigration remains our property, and no intellectual property in it is transferred to you under the terms of this agreement or otherwise.6.3 Connecting to Airtax Immigration through a third party service – If you log on to Airtax Immigration through a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service.
7 Subcontractors (including other Vialto Partners firms)
7.1 Subcontractors – We may use subcontractors, including other Vialto Partners firms (in Australia or overseas) to perform or assist us to perform the Services. Despite this, we remain solely responsible for the Services.
7.2 No claims against other Vialto Partners firms - No other Vialto Partners firm has any liability to you in connection with the Services or this agreement and you agree not to bring and to ensure none of your affiliates brings any claim (including in negligence) against any other Vialto Partners firm or its partners or employees in connection with the Services (including in connection with Airtax Immigration) or this agreement. Any partner or employee of another Vialto Partners firm who deals with you in connection with the Services does so solely on our behalf.
7.3 Benefit of clause 7.2 - Clause 7.2 is for the benefit of other Vialto Partners firms and their partners and employees (each a beneficiary). You agree each beneficiary may rely on clause 7.2 as if they were a party to this agreement. Each beneficiary that provides or assists in providing the Services relies on the protections in clause 7.2 and we accept the benefit of clause 7.2 on their behalf.
7.4 Transfer of information - We use contractors or suppliers located in Australia and overseas to provide us with Services we use in performing Services and in our internal functions. Other Vialto Partners firms may be involved in our client relationship management and other admin systems and in quality reviews. You consent to information provided to us by you or on your behalf (including personal information and your confidential information) being transferred to those contractors and suppliers and to other Vialto Partners firms and our subcontractors, so long as they are bound by confidentiality obligations.
8 Filing and destruction of documents
You are responsible for keeping records in connection with any visa application prepared and lodged on your behalf. We provide an optional service to upload expense items including receipts to store digital documents. If you upload documents or material with us, we may at our discretion delete or destroy them (except to the extent we are required by law to retain them).
9 Termination
9.1 By notice – Either of us may terminate this agreement by giving the other 14 days notice via notification in Airtax Immigration (unless it would be unlawful to do so). This agreement terminates on expiry of that notice.
9.2 Changes affecting independence – Changes to the law or other circumstances beyond our reasonable control may mean that providing the Services to you results in us ceasing to be independent of an audit client. If that happens, we may terminate this agreement immediately by giving you notice in writing.
9.3 Fees payable on termination – You agree to pay us for all Services we perform before termination on the basis set out in the Fees section of Airtax Immigration.
9.4 Clauses applying after termination – The following clauses continue to apply after termination of this agreement: 1.3, 1.4, 1.5, 2.3, 3, 4, 5, 7, 9.3, 9.4, 14 and 15.
10 Relationship
We are your independent contractor. You agree that we are not in a partnership, joint venture, fiduciary, employment, agency or other relationship with you. Neither of us has power to bind the other.
11 Corporations Act and SEC prohibitions
Nothing in this agreement applies to the extent that it is prohibited by the Corporations Act 2001 (Cth) or the rules of the US Securities and Exchange Commission.
12 Force majeure
Neither of us is liable to the other for delay or failure to fulfil obligations (other than an obligation to pay) to the extent that the delay or failure arises due to an unforeseen event beyond their reasonable control which is not otherwise dealt with in this agreement. Each of us agrees to use reasonable endeavours to remove or overcome the effects of the relevant event without delay.
13 Assignment
You cannot assign or deal with your rights under this agreement without our prior written consent.
14 Applicable law
The law applying to this agreement is the law in force in New South Wales. Both of us submit to the exclusive jurisdiction of the courts of that state and waive any right either of us may have to claim that those courts do not have jurisdiction or are an inconvenient forum.
15 Data Hosting
We use third party providers of cloud-based PaaS and data hosting to host Airtax Immigration. We store the information in the cloud environment in an encrypted format. You acknowledge that any information inputted into Airtax Immigration (including any personal information) will therefore be transferred to the PaaS and data hosting providers (who may in turn provide the information to other parties) (together, the Data Host), which may be located outside of Australia. The Data Host may not be subject to privacy obligations that are similar to the Australian Privacy Principles, and may be subject to a foreign law that could compel the disclosure of information (including personal information) to a third party, such as an overseas authority. You agree that in no event shall Vialto Partners or its beneficiaries be liable for any loss of any kind (including loss of your data) arising from an act or omission (including a negligent or dishonest act or omission) of a Data Host, which may include the following:
a) Airtax Immigration being subject to scheduled or unscheduled downtime;As an end user of Airtax Immigration, you must not do anything or omit to do anything that would give rise to a liability of Vialto Partners (if it were our act or omission) under the below terms applicable to hosting:
a) the AWS Customer Agreement available at http://aws.amazon.com/legal/as modified from time to time (Customer Agreement), including without limitation by breaching the Acceptable Use Policy or other Policies (each as defined in that agreement); and16 Referrals / coupon codes
If you use the referral feature of Airtax Immigration, the following terms apply:
In addition, coupon codes cannot be used if your account is in credit and can only be used once.
17 Definitions
In this agreement the following words and expressions have the meanings given to them below
17.1 Vialto Partners firm – an entity or partnership which carries on business under a name which includes all or part of the name ‘Vialto Partners’, or is otherwise within or a correspondent firm of the global network of Vialto Partners firms, each of which is a separate and independent legal entity
17.2 Services – use of Airtax Immigration as set out in this agreement
17.3 this agreement – these terms & conditions
17.4 you – the client for whom the Services are provided
17.5 we, us, or Vialto Partners – the Australian firm of Vialto Partners, a partnership formed in Australia.
4. User confirmation
User Confirmation
I have read these terms & conditions and accept them. I acknowledge and agree that the terms & conditions (other than clauses 4, 5, 6 and 15) will not have effect unless and until Vialto Partners confirms my eligibility to use Airtax services.
5. INFORMATION COLLECTION STATEMENT
Vialto Partners respects your privacy.
Vialto Partners (Vialto Partners, we, us, our) is committed to protecting your privacy. We are bound by the Privacy Act 1998 (Cth), and comply with our obligations under the Australian Privacy Principles.
We collect your personal information to enable you to access and use our Airtax website and application and so we can provide you with our services. We generally don’t collect sensitive information about you, unless you provide it to us voluntarily. You consent to us collecting sensitive information which you provide to us voluntarily, in accordance with our Privacy Policy. We have security measures in place to ensure your sensitive information is protected.
If you provide us with personal information about others, you agree to inform the individual that the information is being collected and why, how it will be used and the matters outlined in this statement.
We only disclose your personal information as described in our Privacy Policy and this Information Collection Statement, and you consent to us disclosing your personal information on that basis.
We disclose your personal information to our third party PaaS and data hosting providers, and to our third party verification service providers. Given the nature of the services, we will also disclose your personal information to Australian regulators including the ATO (for tax services) or the Department of Home Affairs (for Airtax Immigration).
You don’t have to provide us with your personal information, but if you do not, we may not be able to offer you access to our App or our services, or may be restricted in the way we provide our services to you.
Vialto Partners is a global network, with member firms located around the world. We may transfer or disclose your personal information to Vialto Partners member firms, but only for the purposes set out above. You can find a list of countries in which Vialto Partners member firms are located here: Vialto Partners territory sites We also use third party service providers such as IT, web hosting, data storage, back-up and data analysis service providers located in various countries to process information on our behalf. These service providers are bound to maintain appropriate levels of information security and confidentiality, and to process personal information only as instructed by Vialto Partners.
You have a right to access any personal information we hold about you, and you can ask us to update, correct or delete your personal information. For more information on how you can access your personal information, opt-out, or contact us with any questions, concerns or privacy related complaints please see our Privacy Policy which is available at www.vialto.com/privacy
In relation to details in documents you provide to us for verification purposes (for example, your Australian passport):
(a) the details will be used solely for the verification purposes for which they were provided;
(b) the details will be subject to an Information Match Request in relation to relevant Official Record Holder information;
(c) the Information Match Request, the relevant Information Match Result and any other related Information Match Data, and the related access to and use of the document verification system (DVS), may involve use of third party systems and services; and
(d) the details provided by you may be transmitted to New Zealand, and to any other overseas territory in which our third party verification service providers or their suppliers and contractors operate.
For the purposes of the preceding paragraph:
(a) DVS means the document verification systems used to provide an Information Match Result.
(b) Information Match Data means data in or relating to Information Match Requests or Information Match Results.
(c) Information Match Request means a request to the DVS for an Information Match Result.
(d) Information Match Result means a response to an Information Match Request indicating that the information provided in the request either matches or does not match the relevant official record data, or that a system error has been encountered in trying to process that request.
(e) Official Record Holder means the entity against whose official record data the information in an Information Match Request is matched (or attempted to be matched) via the DVS.
