Parties and when this agreement starts

This agreement is between Shastra Consultants Pty Ltd trading as Neon Tax, Registered Tax Agent Number 26315683 (Neon Tax, we, us or our) and the person or entity identified in the Tax Form (you or the client). 

You make an offer to engage Neon Tax when you complete the Tax Form, accept this agreement and submit the form. The engagement starts when Neon Tax confirms acceptance or begins substantive work, whichever happens first. An automated receipt does not by itself confirm that Neon Tax has accepted the engagement. 

Neon Tax may decline the engagement before substantive work begins, including because of a conflict, identity or authority concern, service capacity, legal restriction or because the requested work is outside its services.

Who the client is

The client is only the person or entity expressly identified in the Tax Form and accepted by Neon Tax. A spouse, company, trust, partnership, director, shareholder, trustee, beneficiary or related entity is not automatically included. Neon Tax may require a separate engagement or written confirmation for each additional client or entity. 

If you submit the form for another person or entity, you confirm that you are legally authorised to act for them and to accept this agreement on their behalf. Neon Tax may require evidence of that authority.

Services and scope

The engagement covers the tax service selected in the Tax Form, together with any scope, assumptions, exclusions and fee confirmed in writing by Neon Tax. Neon Tax will provide the service with reasonable care and skill and in accordance with applicable professional and tax practitioner obligations. 

Unless expressly included in writing, the engagement does not include bookkeeping clean-up, reconstruction of records, financial statements, payroll, BAS or IAS work, company or trust compliance, tax planning, complex capital gains calculations, cryptocurrency analysis, foreign income advice, amendments, objections, private rulings, audit or review support, legal advice, financial product advice or work for another person or entity. 

If the information received shows that the work is materially different, more complex or broader than originally understood, Neon Tax may revise the scope, timing and fee before continuing.

Appointment and authority to act

You nominate Neon Tax as your registered tax agent for the accepted scope and authorise Neon Tax to take reasonable steps to obtain access to relevant ATO information and act on your instructions. You may need to separately nominate or authorise Neon Tax through an ATO process before Neon Tax can access or update records. 

For the engagement, you authorise Neon Tax to communicate with the ATO and other relevant government bodies and, where reasonably necessary and permitted, with financial institutions, employers, prior advisers, software providers and your authorised representatives to obtain or confirm information relevant to the service. 

This authority does not permit Neon Tax to lodge a return or other document without your separate final approval, unless you provide another valid written authority or the law permits otherwise.

Neon Tax’s responsibilities

Neon Tax will: 

• Act honestly, lawfully and in your best interests, subject to duties owed under law; 

• Provide accepted tax agent services competently and within a reasonable time, taking account of your cooperation and external processing times; 

• Tell you about material rights and obligations relevant to the accepted service; 

• Manage conflicts of interest and protect client confidentiality; 

• Keep appropriate records of services, instructions, approvals and permissions; and 

• Maintain professional indemnity insurance as required for registration. 

Neon Tax’s registration can be checked on the Tax Practitioners Board public register at tpb.gov.au

Your responsibilities

You must: 

• Provide complete, accurate, current and not misleading information and documents; 

• Disclose all relevant income, deductions, assets, liabilities, transactions, entities and circumstances, including information that may not support the outcome you want; 

• Provide information and approvals by the dates requested and promptly respond to reasonable questions; 

• Tell Neon Tax about any change, error, missing document or new ATO communication that may affect the service; 

• Keep the records required to support statements and claims made in a return or other document; 

• Review every draft and final document carefully and ask questions before approval; 

• Maintain current contact details and monitor communications from Neon Tax and relevant authorities; and 

• Ensure you have authority to provide information about another person or entity. 

You remain legally responsible for the accuracy and completeness of information in your tax return and for retaining supporting records, even where Neon Tax prepares or lodges the return.

Reliance, verification and unsupported claims

Neon Tax may rely on information and documents you provide and is not engaged to audit or independently verify them unless that work is expressly included. Neon Tax may compare information with ATO records, request evidence, make reasonable enquiries and decline to include a claim or lodge a document that appears unsupported, incomplete, false, misleading or unlawful. 

You authorise reasonable identity, authority and fraud-prevention checks. Where applicable, Neon Tax may also request information to meet anti-money laundering and counter-terrorism financing obligations. Neon Tax may pause or decline services until required checks are complete. 

Work required because information was missing, late, inaccurate, inconsistent or changed may be treated as additional work and charged separately after notice to you.

Deadlines, delays, penalties and interest

Neon Tax will use reasonable efforts to meet agreed or applicable deadlines, but can do so only if you provide complete information, documents and approval with enough time to perform the work properly. 

You are responsible for penalties, general interest charge, shortfall interest, lost concessions or other consequences to the extent they result from your delay, non-response, incomplete or incorrect information, failure to disclose a relevant fact, failure to retain evidence or failure to approve a document in time. 

Neon Tax is not responsible for delay caused by the ATO, another government body, a financial institution, a third-party system or an event outside Neon Tax’s reasonable control. Nothing in this clause excludes responsibility for loss directly caused by Neon Tax’s own breach, negligence, misconduct or failure to meet a non-excludable legal obligation.

Fees, invoices and payment

Fees are based on the quote, fee schedule or other written pricing information provided for the accepted scope. The pricing information will state whether GST applies. You must pay each invoice by the due date shown on it. 

Substantive work is taken to have commenced when Neon Tax begins reviewing tax records, obtaining or analysing ATO information, preparing calculations or documents, communicating with third parties for the service, or otherwise performing professional work beyond initial administrative receipt and conflict checks. 

Once substantive work has commenced, fees for work performed and costs reasonably incurred are payable even if you withdraw, decide not to lodge, do not approve the final return, appoint another adviser or stop responding. Where a fixed fee applies, Neon Tax may charge a reasonable proportion reflecting the work completed, or the full agreed fee where the agreed work has been substantially completed. 

Additional work outside scope, including correcting client-provided errors, reconstructing records, responding to new information, amendments, ATO reviews or overdue follow-up, may be separately quoted or charged on a disclosed basis. 

If an invoice is overdue, Neon Tax may suspend work after notice and may use lawful debt recovery processes. You may be required to pay reasonable recovery costs to the extent permitted by law. Neon Tax will not deduct fees from a tax refund unless you give separate express authority and the arrangement complies with applicable requirements.

No guaranteed outcome or refund

Any estimate of tax payable, refund, deduction, processing time or outcome is provisional and based on the information available. Neon Tax does not guarantee that the ATO will accept a position, issue a refund, process a matter within a particular time or refrain from review, amendment or audit. 

The ATO may offset a refund against tax, child support or other government debts. Neon Tax is not responsible for an offset or for an ATO decision made independently of Neon Tax, except to the extent caused by Neon Tax’s breach or negligence.

Review and approval before lodgement

Before lodgement, Neon Tax will provide the return or relevant document for your review and obtain a separate declaration or approval. You must check names, TFNs, income, deductions, bank details, entities, declarations and all other material information. 

Your approval confirms that you have reviewed the document, the information is complete and correct to the best of your knowledge, and you authorise lodgement. Acceptance of this engagement agreement is not a substitute for that final approval.

Inactivity and abandoned engagements

If Neon Tax is waiting for information, documents, payment or approval, it may give you a written deadline and suspend work if you do not respond. If there is still no response within 14 days after a final written notice, Neon Tax may mark the engagement inactive. If there is no response for 30 days after the inactive notice, Neon Tax may close the engagement as abandoned. 

On suspension or closure, Neon Tax may invoice work already performed and costs incurred. Neon Tax is not responsible for a deadline or consequence arising during a period of client-caused inactivity. If you later ask Neon Tax to restart, acceptance is subject to capacity, current law, a refreshed scope and any revised fee.

Confidentiality, privacy and third parties

Neon Tax will protect information relating to your affairs and will not disclose it to a third party unless you have given permission or Neon Tax has a legal duty to disclose it. 

For the accepted engagement, you authorise Neon Tax to disclose information reasonably necessary to the categories described in the Privacy Policy, including government bodies, authorised representatives, professional advisers, and tax, accounting, identity, document, cloud, email, payment, cybersecurity and IT service providers. Neon Tax remains responsible for supervising work performed on its behalf as required by law. 

If Neon Tax proposes material outsourcing or offshore processing not adequately described when you accepted this agreement, Neon Tax will provide further information and obtain any additional permission required before disclosing your client information.

Electronic communications

You agree that Neon Tax may communicate by email, SMS, telephone, secure portal and other electronic methods using the details you provide. Electronic communications can be delayed, intercepted, corrupted or sent to the wrong person. Both parties must take reasonable care, verify unusual payment or information requests and promptly report suspected compromise. 

Neon Tax may rely on instructions that reasonably appear to come from you or an authorised representative, but may request additional verification before acting. You must notify Neon Tax promptly if contact details or authority arrangements change.

Records and documents

Neon Tax may retain copies of information, advice, calculations, correspondence, approvals and other engagement records for at least the period required by law and professional obligations, which is generally at least five years after the relevant tax agent service is provided. Original documents provided by you remain yours unless law provides otherwise. 

You remain responsible for keeping your own tax and business records for the period required by law. Neon Tax may securely destroy records after the applicable retention period, subject to any legal hold or ongoing dispute.

Conflicts, refusal, suspension and termination

Either party may end the engagement by written notice. Neon Tax may also decline, suspend or terminate services where there is a conflict, non-payment, lack of cooperation, abusive conduct, an identity or authority concern, a legal or professional restriction, or a reasonable concern that information or a requested position is false, misleading, unsupported or unlawful. 

On termination, fees for work performed and costs incurred remain payable. Neon Tax will take reasonable steps required by professional obligations to avoid unnecessary prejudice, but is not required to continue acting where doing so would be unlawful, unsafe, professionally improper or inconsistent with a valid suspension or termination.

Complaints and disputes

If you have a concern, contact Neon Tax using the details on the website and provide enough information for it to be investigated. Neon Tax will aim to acknowledge the concern promptly and provide a substantive response within 30 days. 

If the issue is not resolved, either party may propose mediation in Queensland before court proceedings, except where urgent relief or debt preservation action is reasonably required. This clause does not restrict any right to complain to the Tax Practitioners Board, the Office of the Australian Information Commissioner, the Australian Competition and Consumer Commission, a state consumer agency or another regulator with jurisdiction.

Liability and statutory rights

Nothing in this agreement excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including applicable consumer guarantees. 

To the extent permitted by law, each party is responsible for direct loss caused by its breach, negligence or misconduct. Neon Tax is not responsible for loss to the extent caused by inaccurate, incomplete or late client information, a client decision contrary to advice, an unauthorised change to a document, a third-party or government decision, or events outside Neon Tax’s reasonable control. Neon Tax is not liable for indirect or consequential loss where that exclusion is lawful.

General terms

This agreement, the accepted Tax Form, written scope and fee confirmation, Privacy Policy and any later written variation form the agreement for the service. If there is an inconsistency, the specific written scope or variation applies to the extent of the inconsistency. 

A failure or delay in enforcing a right is not a waiver. If a provision is invalid or unenforceable, it is to be read down where possible and otherwise severed without affecting the remaining provisions. This agreement may be accepted electronically and electronic records may be used as evidence of acceptance. 

This agreement is governed by the laws of Queensland, Australia. The parties submit to the courts of Queensland and courts entitled to hear appeals from them. 

About Neon Tax

Neon Tax provides accounting, taxation and business advisory services in Australia. Neon Tax is a registered tax agent, Registered Tax Agent Number 26315683.

General information only

Website content is provided for general information and may not reflect your individual circumstances or the latest law, administrative practice or ATO position. It is not personal tax, accounting, financial, investment or legal advice. You should obtain advice based on your circumstances before acting or deciding not to act. 

Examples, estimates, calculators, articles and commentary are illustrative only. Neon Tax does not guarantee a particular deduction, refund, tax outcome, processing time or business result.

No client relationship from website use

Viewing the website, sending a general enquiry or booking a consultation does not by itself create a professional adviser-client relationship. Neon Tax is engaged only when the applicable engagement terms are accepted and Neon Tax confirms the engagement or starts substantive work. 

A Tax Form submission is also subject to the Tax Services Engagement Agreement displayed with that form. Neon Tax may accept or decline a requested engagement after completing conflict, identity, capacity and other required checks.

Your use of the website

You must use the website lawfully and must not: 

• Interfere with the website, its security or another user’s access; 

• Introduce malicious code, attempt unauthorised access or test vulnerabilities without permission; 

• Scrape, copy or systematically extract website content or data except as permitted by law; 

• Submit false, misleading, unlawful, defamatory or infringing material; or 

• Use the website in a way that could damage Neon Tax, its clients, systems or reputation. 

Neon Tax may restrict or block access where reasonably necessary to protect the website, comply with law or respond to misuse.

Information you submit

You must take reasonable care to ensure information submitted through the website is accurate, current and complete. If you submit information about another person or entity, you confirm that you are authorised to do so and to provide any required notices or permissions. 

Do not send TFNs, identity documents, bank details or other highly sensitive information through a general enquiry form or ordinary email unless Neon Tax specifically requests it through an approved channel.

Intellectual property

Unless stated otherwise, Neon Tax owns or is licensed to use the website, its design, branding, text, graphics, documents and other content. You may view, download or print reasonable extracts for personal or internal business use. You must not reproduce, modify, distribute, sell, republish or commercially exploit website content without written permission, except where law allows it.

Third-party links and services

The website may link to or use third-party websites, booking tools, payment services, software, government resources or embedded content. Those services are controlled by their providers and may have separate terms and privacy practices. A link does not mean Neon Tax endorses or accepts responsibility for the third party, except to the extent required by law.

Availability, accuracy and security 

Neon Tax takes reasonable care in operating the website but does not promise that it will always be available, uninterrupted, error-free, secure or free from harmful code. Content may be changed, withdrawn or become out of date without notice. You are responsible for using appropriate device security and maintaining your own backups.

Liability and consumer rights

Nothing in these Terms excludes, restricts or modifies any right, guarantee, condition, warranty or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law. 

To the extent permitted by law, Neon Tax is not responsible for loss caused by your reliance on general website content instead of obtaining advice, your failure to provide accurate information, third-party services, malicious activity outside Neon Tax’s reasonable control, or temporary website unavailability. Neon Tax is not liable for indirect or consequential loss where that exclusion is lawful.

Privacy

Neon Tax handles personal information in accordance with its Privacy Policy and any collection notice displayed when information is collected. The Privacy Policy forms part of the website’s information-handling framework but does not replace any separate consent or authority required for tax agent services.

Changes to the website and these Terms

Neon Tax may update the website or these Terms to reflect changes in services, technology, risk or law. The updated Terms apply from the date published. Material changes will not retrospectively alter an accepted client engagement unless the client agrees or the change is required by law.

Governing law and disputes

These Terms are governed by the laws of Queensland, Australia. The parties submit to the courts of Queensland and courts entitled to hear appeals from them. Before starting court proceedings, a user should first raise the concern with Neon Tax and allow a reasonable opportunity to respond, except where urgent relief is required.

Contact

Questions about these Terms may be submitted through the website contact form or by using the contact details published on the website. Neon Tax’s current phone number is 0450 950 047.