Single Touch service: 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) (“Single Touch”), including all services and products accessed at the Single Touch website singletouch.com.au (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 Terms and Conditions of Use (“T&C’s”) and you unreservedly agree to comply with and be bound by these T&C’s.
These T&Cs are effective as of the first date that you access or use the Single Touch website and/or materials (effective date) and you acknowledge that you will seek to know and understand the then T&C’s 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.
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 Single Touch. STP Single Touch Payroll as defined by the Australian Taxation Office.
STP Single Touch Payroll as defined by the Australian Taxation Office.
Single Touch website: www.singletouch.com.au and 'The Website'
Terms of Use/ Terms and Conditions of Use: As set out in this Agreement, the Terms (and Conditions) of Use (“T&C’s”).
In this Agreement any reference to “we”, “us” or “our”, is a reference to Single Touch.

B. Privacy

Your privacy is important to us. We do not share your data with any third party without your authority or the authority of your employees. Single Touch 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 following:

  1. Disclosure of your data to Single Touch and the aforementioned parties (ATO, myGov, Superannuation funds, your employees and any other authorised party).
  2. Single Touch will not store information that you submit to Single Touch or which is received for you by Single Touch.

During the Single Touch account creation process you will be invited to “opt in” to a reporting service. This service will supply you with additional services for the purposes of:

  1. assisting you to reconcile the STP data that you have submitted to the ATO with your payroll;
  2. management oversight; and
  3. other employee services.

Should you opt in to this reporting service, you acknowledge that this service may be provided by an STP authorised third party and you authorise Single Touch to provide that third party with a copy of your data for this purpose.

C. Content on the services

  1. 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 the Single Touch service.
  2. 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.
  3. Single Touch may, when requested by you, obtain certain new employee On-Boarding information from the ATO, myGov or other sources. Single Touch may undertake to re-format this data in such a way that it may be imported into your payroll system (Please ask your payroll vendor to contact Single Touch) and you agree to allow Single Touch to reformat this data.

D. Using the services

You can create a Single Touch account at the Single Touch website.
In addition to agreeing to these T&C’s you further agree:

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

E. Data Files

  1. In creating and uploading a data file to Single Touch, the Client accepts all responsibility for the completeness and accuracy of the information contained within that file (or those files).
  2. Single Touch may provide the Client with a template file layout which the Client may provide to their payroll software vendor for the purposes of generating and communicating Client data to Single Touch in the appropriate data file layout.
  3. Single Touch accepts no responsibility for the data contained within those files.
  4. 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 materials including where such loss or damages may have been foreseeable.

F. Communication with the ATO and third parties

Single Touch expressly disclaims all responsibility and liability arising from the transmission of any data to the ATO and/or third parties, including but not limited to:

  1. the accuracy of that data;
  2. the security of that data including storage, transmission and use by the ATO and/or third parties
  3. how that data may be used by the ATO and/or other third parties
Furthermore, Single Touch does not warrant the accuracy of data received by the ATO and/or third parties, howsoever provided.

G. Fees

To use Single Touch services you must pay Single Touch a fee:

  1. The then fees applicable to Single Touch services are detailed in the “Fees Schedule” at the foot of these T&C’s;
  2. Single Touch reserves the right to revise its fees at any time by giving notice to the Client per Clause M.
  3. Fees will be invoiced monthly (Billing Period) and:
    1. invoices will be available from your Single Touch account;
    2. fall due on the first calendar day after each Billing Period (Due Date);
    3. are payable on or before the 14th calendar day after the Due Date (Payment Grace Period); and
    4. where fees remain unpaid after the expiry of the Payment Grace Period your ability to access certain Single Touch services will be denied.
  4. Collection of fees will be:
    1. by direct debit to your bank account on the invoice issue date, Please complete the Direct Debit Agreement Form: or
    2. fall due on the first calendar day after each Billing Period (Due Date);
    3. by EFT transmission from you to the Single Touch Pty Ltd bank account displayed on the invoice. Please note: Account keeping fees apply to this option G.(iv).(b) per Fees Schedule.
  5. If for any reason Single Touch is unable to collect the fees due to us from you by the due date we may immediately cancel or suspend the service that we provide to you without notice.

H. Technical Issues

If the Single Touch computer systems or connections to the internet become unavailable Single Touch will take appropriate action to return them to full service. However, computer system downtime may result in the unavailability of the Single Touch website such that data may not be able to be transmitted within normal timeframes. Notwithstanding this unavailability, you acknowledge and accept all responsibility for the fulfilment of your Single Touch Payroll obligations under the Budget Savings (Omnibus) Act 2016 or any other law of Australia.

I. Updates and Modifications to the Terms of Use

Single Touch reserves the right at its sole discretion to modify this Agreement and/or the Single Touch products or services at any time by posting a notice to your Single Touch account and you are responsible for reviewing and becoming familiar with any such modification. A notice may include an email to the account holder or message on the Single Touch website or any other means which Single Touch deems appropriate. Such modifications are effective upon first posting of the notice. Use of the Single Touch products or service by you following any such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

J. Intellectual Property

The material intellectual property and technology used by and contained within the Single Touch website and in Single Touch products are the property and copyright of Single Touch Pty Ltd (ABN 42 611 551 510) and are not transferred to you by your use of Single Touch products or services. You must not use copy modify transmit store publish or distribute the material on The Website or create any other material using material on The Website.

K. Disclaimers and Limitations of Liability

Single Touch expressly excludes from this agreement:

  1. 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);
  2. 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 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 accept and acknowledge without exception the responsibility for verifying the correctness of all data submitted to and received from the Single Touch website and you absolve Single Touch from all liability resulting from the use of services provided by Single Touch howsoever caused. You acknowledge that:
  1. Single Touch does not warrant the accuracy of third party sourced information how so ever provided;
  2. You acknowledge that the accuracy and correctness of data and all consequences associated with invalid data including but not limited to rejection of that data by any third party are without exception your responsibility; and
  3. 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 partly or wholly prevented from fulfilling its obligations under this Agreement by reason of an event or circumstances beyond its reasonable control including without limitation acts of God fire flood explosion sabotage accident embargo labour disputes labour shortages riot civil commotion act of terrorism war power or mechanical failure its obligations under this Agreement will be suspended for the duration of the delay arising out of that event or circumstance.

L. Indemnification

Single Touch will not be 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 nor for any loss where such loss is wholly or substantially due to a force majeure event or any other cause.. 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 shall have no liability whatsoever for any use of the Single Touch Materials and that 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 the Single Touch service and or Materials.

M. Notices

Any notice or any other communication by a party to the other party in relation to this Agreement must be in writing and:

  1. 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
  2. sent by facsimile or email to the recipient’s fax 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:
  1. it is included with any of the service deliverables;
  2. delivered by hand to the recipient’s address, on the date of delivery;
  3. sent by post, 3 business days after posting;
  4. accepted via a website containing the notice;
  5. transmitted to an email address of an employee of the other party; or
  6. 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.

N. 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 12 months and you acknowledge that any remaining monies therein will be forfeit.

O. General

This Agreement is governed by and shall be construed in accordance with the law in force in the state of New South Wales and the parties irrevocably submit to the 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.

Fees Schedule

To use Single Touch services you must pay Single Touch the following fees:
  1. Where data for each employee is successfully delivered to the ATO, 10c per employee per transmission.
  2. For the downloading of data from any external source including but not limited to TFN Declarations and Super Choice documents from the ATO or MyGov - $1.00 per document.
  3. A minimum monthly fee of $5.00 will apply and where the total of fees for any Billing Period does not exceed the minimum amount, the residual monies will be forfeit.
  4. Where Clause G.(iv).(b) applies a monthly accounting fee of $9.50 will apply and this accounting fee will be added to your Billing Period invoice.
  5. The fees displayed herein are exclusive of any goods and services tax (“GST”). GST at the then mandated rate will be applied to all invoiced values and will be separately displayed on the invoice.
  6. 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.