Single Touch Pty Ltd and Single Touch Payroll Pty Ltd: terms and conditions

These terms ("Terms") govern your access to and use of products and services provided by Single Touch Pty Ltd (ABN 42 611 551 510) and/or Single Touch Payroll Pty Ltd (ABN 85 117 771 712) both referred to as (“Single Touch”), including all services and products accessed at the singletouch.com.au domain (referred to as “The Website”).
By creating a Single Touch account and/or through the use of Single Touch products or services, you acknowledge that you are entering into a binding agreement (“Agreement”) with Single Touch, and you acknowledge that you have read and understand these T&Cs and you unreservedly agree to comply with and be bound by these T&Cs.
These T&Cs are effective as of the first date that you access or use any of The Website and/or materials (effective date) and you acknowledge that you will seek to know and understand the then T&Cs each time you access The Website.

A. Definitions

Account: A reference to ‘Account’ in this Agreement is a reference to a Single Touch Account, created on the Single Touch website.
Agreement: The agreement between Single Touch and a Client, which is governed by these Terms of Use.
A ‘Billing Cycle’ is one calendar month.
Client: A user who has created a Single Touch account on the Single Touch website. Any reference to ‘you’ or ‘your’ in this Agreement is a reference to the Client.
Data Files (JSON, XML, XBRL, CSV): Are types of files that Clients may use to transfer data to a Single Touch product.
STP, Single Touch Payroll: as defined by the Australian Taxation Office.
Single Touch website: Any website under the singletouch.com.au domain ('The Website')
Single Touch Plus (ST+/ST Plus): Payroll software provided by Single Touch.
Terms of Use/ Terms and Conditions of Use: As set out in this Agreement, the Terms (and Conditions) of Use (“T&Cs”).

In this Agreement any reference to “we”, “us” or “our”, is a reference to Single Touch.

B. Privacy

Your privacy is our priority. We do not share your data with any third party without your authority or that of your employees. The Single Touch sending service is designed to enable the exchange of information between you, Government Departments including the Australian Taxation Office (“ATO”), myGov, Superannuation Funds, your employees and any other party to whom you or your employees have given authority.
By using Single Touch you consent to the disclosure of your data to Single Touch and the aforementioned parties (ATO, myGov, Superannuation funds, your employees and any other authorised party).

C. Data content on the services

You acknowledge that you are unreservedly and solely responsible for the accuracy and completeness of any information submitted by you or received by you through any Single Touch service.
Each time you submit data to the ATO, the ATO require you to attest to the correctness and accuracy of that data. If you do not accept this attestation upon each event your data will not be transmitted.

D. Using the services

You can create a Single Touch account at the Single Touch website.
In addition to agreeing to these T&Cs you further agree:

not to use any false or misleading information when using, accessing or transmitting data to Single Touch;
that you are aware that your account creation is subject to verification by Single Touch staff;
that you must keep your registration details including passwords confidential; and
that you are responsible for any access to or use of your Single Touch account by you or any other party.

E. Single Touch Services

ST+, ST Plus, STP Lite and STP Data/STP Portal/STP API, are payroll products and services provided and managed by Single Touch and you acknowledge that:

You accept all responsibility for the completeness and accuracy of all information and/or data supplied in your use of any and all Single Touch products
Single Touch accepts no responsibility for the data that you supply or how that data may be used by the ATO or any other party;
In no event will Single Touch be held liable to the Client, the ATO, or any other party for any loss of or damage to profits, goodwill, data, computer failure or malfunction, interruption of business or other special, indirect, incidental or consequential damages of any kind arising out of or in connection with this Agreement, or from the use or inability to use the Single Touch services including where such loss or damages may have been foreseeable.

F. Fees

To use a Single Touch service, you must pay Single Touch a fee:

The then fees applicable to Single Touch services are detailed in the “Fees Schedule” at the foot of these T&Cs;
Single Touch reserves the right to revise its fees at any time by giving notice to the Client per Clause L.
1. Fees will be invoiced at the end of each calendar monthly (Billing Period) and invoices will be available from your Single Touch account;
2. where fees remain unpaid, your ability to access certain Single Touch services may be denied.
Collection of fees will be:
3.1 for STP Lite and STP Data/STP Portal/STP API:
1. by direct debit to your bank account on the invoice issue date. Please complete the direct debit authorization form or
2. where no Direct Debit Authority (Credit Card or Bank) is received by Single Touch by the end of a billing period an additional administration fee of $9.50+ GST will be charged.
3.2 for ST Plus/ST+ fees will be collected via the Single Touch website.
NB: Fees for ST Plus/ST+ include the transmission of STP data to the ATO.

G. Technical Issues

If the Single Touch computer systems or internet connectivity become unavailable or disruptive Single Touch will take all necessary steps to restore to full service as quickly as possible. Service disruption may also be caused by receiving systems at the ATO or that of other third parties. Notwithstanding the aforesaid, you acknowledge and accept all responsibility for the fulfilment of your statutory employer obligations including that of Single Touch Payroll under the Budget Savings (Omnibus) Act 2016 or any other applicable Australian law.

H. Updates and Modifications to the Terms of Use

Single Touch reserves the right, at its sole discretion, to modify this Agreement and/or Single Touch products or services at any time by posting a notice to your Single Touch account. You are responsible for reviewing and becoming familiar with any such modification. Notifications may be sent via email to the account holder, displayed on the Single Touch website, or communicated through other means deemed appropriate by Single Touch. Modifications take effect upon the first posting of the notice. Continued use of Single Touch products or services after such notification constitutes your acceptance of the updated Terms & Conditions.

I. Intellectual Property

The material intellectual property and technology on the Single Touch website and it is owned exclusively by Single Touch Pty Ltd (ABN 42 611 551 510) and Single Touch Payroll Pty Ltd (ABN 85 117 771 712) and are not transferred to you by your use of all Single Touch products or services. You must not use copy modify transmit store publish, distribute or create any new works that are based on any material from the Single Touch Website.

J. Disclaimers and Limitations of Liability

1. Single Touch warrants that its products and the services:

calculates PAYG and Employer Contributory Superannuation (ECS) in accordance with generally accepted accounting standards in Australia and that where the Software performs calculations of PAYG withholding tax and/or ECS; those calculations conform to ATO rules; and
is STP compliant and is able to exchange data with the ATO and other Government departments in the secure manner as defined by the ATO and the Australian Signals Directorate.

2. Single Touch expressly excludes from this agreement:

all conditions, warranties and terms implied by statute, general law or custom except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void (Non-Excludable Liability);
all liability (except for Non-Excludable Liabilities) in contract or in negligence for consequential or indirect damages losses costs expenses and/or outgoings suffered or incurred arising out of or in connection with the product and/or service provided by Single Touch even if:
1. Single Touch knew they were possible; or
2. they were otherwise foreseeable, including without limitation lost profits fines penalties and damage suffered as a result of claims by any third party.

You acknowledge that it is your responsibility to verify the accuracy of all information you submit to and receive from the Single Touch website and you release Single Touch from any liability arising from the use of their services. You agree that Single Touch is not liable for any issues that arise from using its services.
You acknowledge that:

Single Touch does not warrant the accuracy of third-party sourced information how so ever provided;
that the accuracy and correctness of data and all consequences associated with invalid data including but not limited to rejection of that data by the ATO or any third party are without exception your responsibility; and
the correction of errors how so ever caused are your responsibility. Single Touch does not warrant that data transmissions will be error free or uninterrupted and you acknowledge that Single Touch has no responsibility to ensure that your data is received by a third party.

If Single Touch is, in whole or in part, unable to meet its obligations under this Agreement due to circumstances beyond its control such as natural disasters (acts of God), fire, flood, explosion, sabotage, accident, embargo, labour disputes, labour shortages, riots, civil commotion, acts of terrorism, war, power outages, or mechanical failures its obligations will be suspended for as long as the delay caused by these events persists.

K. Indemnification

Single Touch will not be held liable to you, your employees or any third party for any loss - whether directly or indirectly caused by a failure of the Single Touch service website a receiving website or any third-party computer system. Furthermore, Single Touch is not liable for any loss where such loss is wholly or substantially due to a force majeure event or any other cause beyond its control. Single Touch’s total liability for a breach of any express provision of this Agreement or any Non-Excludable Liability (other than one implied by ss51-53 of the Australian Consumer Law) is limited to Single Touch supplying again those services in respect of which the breach has occurred.

You agree and acknowledge that Single Touch bears no liability for any use of the Single Touch Materials. Additionally, you shall indemnify Single Touch and hold Single Touch harmless from any and all claims’ damages, liabilities, costs and fees (including reasonable legal fees) arising from your use of Single Touch products and/or services or Materials.

L. Notices

Excluding notice given per Clause H, any notice or any other communication by a party to the other party in relation to this Agreement must be in writing and:

included with the service deliverables or left at or sent by post to the address of the recipient or that recipients last known address; or
sent by facsimile text or email to the recipient’s fax number, phone number or email address or as otherwise notified to the sender by the recipient.

Notice given in accordance with this Clause will be taken to have been received if:

it is included with any of the service deliverables;
delivered by hand to the recipient’s address, on the date of delivery;
sent by post, 3 business days after posting;
accepted via a website containing the notice;
transmitted to an email address of the party or an employee of the other party; or
sent by facsimile or other electronic media on a business day prior to 5pm, on the date of transmission or otherwise on the next business day.

M. Termination of the Agreement

Either party may terminate this Agreement for convenience without reason and with immediate effect by giving notice to the other party. Single Touch also reserves the right to de-activate your account if there is no fee activity for 3 months and you acknowledge that all data retained by us for you will be purged and that any remaining monies therein will be forfeit.

N. General

This Agreement is governed by and shall be construed in accordance with the law in force in the state of New South Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of that State. Single Touch’s failure to act with respect to a breach of this Agreement by the Licensee or others does not waive Single Touch’s right to act with respect to that breach or subsequent similar or other breaches and should any provision of this Agreement be held to be invalid, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement shall remain in full force and effect.

O. Fees Schedule

To use a Single Touch product or service you must pay Single Touch the appropriate fee.
The following fees apply to each ABN or ACN:

O.1 Single Touch Plus (ST+/ST Plus)

Where via The Website we provide you with a Payroll System for the calculation and management of employee pays, Tax, Superannuation, Leave and STP. The fees for this service include the delivery of STP data to the ATO:

A monthly account fee of $17.00 will apply to each ABN or ACN (excluding the month of account registration and the three months thereafter, which are free of charge and is the "Trial Period"). After the Trial Period fees will apply and will continue until the service is terminated per Clause M. The monthly fee includes the first 5 employees; and

01.1 Where the total number of employees paid in a Billing Cycle:
1. exceeds 5, that excess will be charged at $3.00 per employee; and
2. is less than 5, the residual monies will be forfeit.
01.2 Terminated employees held on the system will be charged at $2.00 per employee per month excluding the month of termination.

Each ABN or ACN will only receive one free "Trial Period" which commences on the date of the first signup and ends on the last day of the third month after the first signup.
O.2 STP Lite

For the delivery of your manually entered or uploaded STP data to the ATO. Data can be from any source and an STP data template is provided within the lite.singletouch.com.au.  This service does not include Single Touch Plus payroll.

02.1 A monthly fee of $7.50 will apply to each ABN or ACN and this fee includes the first 30 employee transmissions;

02.2 Where the total number of transmissions:
1. exceeds 30, that excess will be charged at $0.25 per employee transmission; and
2. is less than 30, the residual monies will be forfeit.
O.3 STP Data/STP Portal/STP API

Where you upload a data file generated by your payroll system via the secure singletouch.com.au portal or API. You or your payroll software supplier MUST obtain an ATO product ID to use this service:

03.1 A monthly fee of $5.00 will apply to each ABN or ACN and this fee includes the first 50 employee transmissions;

03.2 Where the total number of transmissions in a Billing Cycle:
1. exceeds 50, that excess will be charged at $0.10 per employee transmission; and
2. is less than 50, the residual monies will be forfeit.

The following applies to all of the above services:

The fees displayed above and herein are exclusive of goods and services tax (“GST”) and GST at the then mandated rate will be applied to all invoiced values and will be separately displayed on the invoice.
If for any reason Single Touch is unable to collect the fees due to us from you, we may immediately cancel or suspend the provision the service that we provide to you without notice.

Single Touch Pty Ltd
ABN 42 611 551 510

Single Touch Payroll Pty Ltd
ABN 85 117 771 712