Terms & Conditions

Terms for Accounting Services provided by CreatorTax

1. Definitions

In these terms:

• "We," "us," "our" refers to CreatorTax, operated by The Tax Accountant Australia
• "You," "your," "client" refers to the person or entity engaging our services
• "Services" means the accounting, taxation, and advisory services we provide
• "Engagement" means the formal agreement to provide Services to you
• "ATO" means the Australian Taxation Office

2. Scope of Services

2.1 Services Provided

We provide the following services to content creators:

• Individual tax return preparation and lodgement
• Sole trader tax return preparation and lodgement
• Business Activity Statement (BAS) preparation and lodgement
• GST registration services
• Company and trust structure setup and compliance
• Tax planning and advisory services
• Chartered Accountant consultations

2.2 Services NOT Provided

Unless specifically agreed in writing, we do not provide:

• Legal advice
• Financial planning or investment advice
• Auditing services
• Bookkeeping services (unless specifically engaged)
• Representation in legal disputes

2.3 Service Limitations

Our services are limited to Australian taxation matters. We do not provide advice on foreign tax obligations unless specifically engaged to do so.

3. Client Responsibilities

3.1 Accurate Information

You must provide:

• Complete, accurate, and timely information
• All relevant documents and records
• Access to your myGov account when required
• Notification of any changes to your circumstances

3.2 Document Retention

You are responsible for:

• Maintaining original records for 5 years (as required by the ATO)
• Keeping copies of all submitted documents
• Storing receipts and invoices that support your claims

3.3 Timely Response

You agree to respond promptly to our requests for information. Delays in providing information may result in:

• Extended turnaround times
• Missed lodgement deadlines
• Additional fees for rush services
• Potential ATO penalties (not our responsibility)

4. Fees and Payment

4.1 Fee Structure

Our fees are based on:

• The complexity of your tax affairs
• The time required to complete the work
• The services selected
• Any additional services requested

Current pricing (all prices + GST):

• Individual Tax Return: $350 + GST
• Sole Trader Tax Return: $850 + GST
• Enterprise/Complex Returns: Custom quote
• Add-on services: As listed on our website

4.2 Payment Terms

Unless otherwise agreed:

• Payment is required before work commences OR upon invoice
• Invoices are payable within 7 days of issue
• We accept credit card, debit card, and bank transfer
• A 1.75% surcharge applies to credit card payments (Stripe fee)

4.3 Additional Fees

Additional fees may apply for:

• Work beyond the original scope
• Complex or unusual circumstances not disclosed initially
• Rush services or urgent lodgements
• Amended returns
• ATO queries or audits
• Meetings or consultations beyond the included time

We will notify you of any additional fees before proceeding with extra work.

4.4 Overdue Payments

If payment is not received within 30 days:

• We may suspend work on your file
• Interest may be charged at 2% per month on overdue amounts
• We may engage debt collection services (costs will be added to your account)
• We reserve the right to terminate the engagement

4.5 Refund Policy

Due to the nature of our services, refunds are strictly limited:

• Once lodged, no refund: After your tax return has been lodged with the ATO, no refund will be issued under any circumstances. Lodgement is a final, irreversible action and the work has been fully completed.
• Change of mind (48-hour window): If you change your mind, you may request a full refund within 48 hours of payment, provided your return has not yet been lodged.
• After 48 hours: Refunds will not be issued after the 48-hour window. With an average 4 business day turnaround, work on your return begins immediately. Your tax return is likely already being prepared or on its way to the ATO.

To request a refund within the eligible window, contact us on 02 9411 5079 or email us as soon as possible.

5. Turnaround Times

5.1 Standard Turnaround

Our standard turnaround times are:

• Tax Returns: 7 business days from receipt of all documents and payment
• BAS: 5 business days from receipt of all information
• Company/Trust Setup: 10-14 business days

5.2 Factors Affecting Turnaround

Turnaround times may be extended due to:

• Incomplete information provided
• Complexity of your tax affairs
• Peak periods (July-October)
• ATO system delays
• Public holidays

5.3 No Guarantee of Specific Timing

While we strive to meet estimated turnaround times, they are estimates only and not guarantees. We are not liable for any losses resulting from delays in completion.

6. Confidentiality and Privacy

6.1 Privacy Commitment

We are committed to protecting your privacy. We:

• Comply with the Privacy Act 1988 (Cth)
• Use bank-grade 256-bit encryption for all data
• Store information on secure Australian servers
• Never sell or share your information with third parties (except as required by law)

6.2 Information Collection

We collect:

• Personal details (name, address, TFN, ABN)
• Financial information (income, expenses, bank statements)
• Platform data (YouTube, OnlyFans, Twitch earnings, etc.)
• Communication records

6.3 Information Usage

We use your information to:

• Prepare and lodge your tax returns
• Communicate with the ATO on your behalf
• Provide accounting and advisory services
• Send service updates and tax tips
• Improve our services

6.4 Disclosure to Third Parties

We may disclose your information to:

• The ATO (as required by law)
• ASIC (for company/trust matters)
• Our professional indemnity insurer (if required)
• Law enforcement (if legally required)
• Our cloud service providers (under strict confidentiality agreements)

6.5 Special Privacy for Adult Content Creators

We understand the unique privacy needs of adult content creators. We:

• Offer faceless consultations (email, phone, text only)
• Never disclose the nature of your content creation work to third parties
• Provide enhanced confidentiality measures upon request
• Use discreet billing descriptions

7. Authority and Representation

7.1 Tax Agent Authority

By engaging our services, you authorise us to:

• Act as your registered tax agent
• Access your ATO records via the Tax Agent Portal
• Lodge tax returns and BAS on your behalf
• Communicate with the ATO regarding your tax affairs
• Receive correspondence from the ATO on your behalf

7.2 Limitations of Authority

We do NOT have authority to:

• Make binding commitments on your behalf without your consent
• Sign legal documents (except tax lodgements)
• Accept tax assessments without your approval
• Waive any of your legal rights

7.3 Revocation of Authority

You may revoke our authority at any time by:

• Written notice to us
• Notifying the ATO directly
• Appointing a new tax agent

8. Liability and Indemnity

8.1 Our Liability

We will:

• Exercise reasonable skill, care, and diligence
• Act in accordance with professional standards
• Comply with relevant legislation and regulations
• Maintain professional indemnity insurance

8.2 Limitation of Liability

To the maximum extent permitted by law, our liability is limited to:

• The fees paid by you for the specific service
• Re-performing the service at no additional cost
• Refunding the fees paid

8.3 Exclusions

We are NOT liable for:

• Losses resulting from incomplete or inaccurate information you provide
• ATO penalties due to your failure to meet deadlines or obligations
• Tax outcomes resulting from changes in legislation
• Decisions made by you against our advice
• Consequential or indirect losses
• Lost profits or business opportunities

8.4 Your Indemnity

You agree to indemnify us against any claims, losses, or expenses arising from:

• Your breach of these terms
• Inaccurate or misleading information you provide
• Your failure to comply with tax laws
• Third-party claims related to your content or business activities

9. Professional Standards

9.1 Professional Obligations

We are bound by:

• Chartered Accountants Australia and New Zealand (CA ANZ) Code of Ethics
• Tax Agent Services Act 2009
• Tax Practitioners Board (TPB) Code of Professional Conduct
• Australian Securities and Investments Commission (ASIC) regulations

9.2 Independence

We maintain independence in providing our services and will:

• Disclose any conflicts of interest
• Act in your best interests
• Provide objective advice

10. Termination

10.1 Termination by You

You may terminate our engagement at any time by written notice. You will be liable for:

• All fees for work completed up to termination date
• Any reasonable costs incurred

10.2 Termination by Us

We may terminate our engagement if:

• You fail to pay invoices within 30 days
• You fail to provide required information
• We identify a conflict of interest
• You request us to act in a way that breaches our professional obligations
• There is a breakdown in the working relationship

We will provide reasonable notice of termination (except in cases of serious breach).

10.3 Effect of Termination

Upon termination:

• You must pay all outstanding fees
• We will provide copies of your documents
• We may retain copies for our records (as required by law)
• Our professional obligations continue (confidentiality, etc.)

11. Document Ownership and Retention

11.1 Your Documents

Documents you provide remain your property. We will:

• Return originals upon request (after completion of work)
• Retain copies for 7 years (as required by professional standards)

11.2 Our Work Product

Tax returns, advice, and other work we produce for you:

• Become your property upon full payment
• May be retained by us for our records
• Cannot be shared without our permission (they reflect our professional work)

12. Complaints and Disputes

12.1 Complaints Process

If you have a complaint:

1. Contact us by phone on 02 9411 5079
2. We will acknowledge your complaint within 3 business days
3. We will investigate and respond within 14 days
4. If unresolved, you may escalate to:
   • Tax Practitioners Board (TPB): 1300 362 829
   • CA ANZ Professional Conduct: conduct@charteredaccountantsanz.com

12.2 Dispute Resolution

Any disputes will be resolved:

• First, through good-faith negotiation
• Then, through mediation
• Finally, through arbitration or court proceedings in New South Wales

13. General Provisions

13.1 Governing Law

These terms are governed by the laws of New South Wales, Australia.

13.2 Entire Agreement

These terms constitute the entire agreement between us and supersede all prior discussions or agreements.

13.3 Amendments

We may update these terms from time to time. Changes will be:

• Posted on our website
• Effective immediately for new engagements
• Notified to existing clients (changes apply 30 days after notification)

13.4 Severability

If any provision is found to be invalid or unenforceable, the remaining provisions continue in full force.

13.5 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision.

13.6 Assignment

You may not assign or transfer your rights or obligations without our written consent.

14. Contact Information

15. Acknowledgement

By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.

Questions about these terms?
Contact us on 02 9411 5079