LEGALS
Terms of Use
CONTRACTORS
Thank you for using Tanngo (“Tanngo Platform”).
Before continuing, you agree that you have read, understand and agree to be bound by our Terms and Conditions (“Terms”).
Our Terms should be read in conjunction with our Privacy Policy and Website Terms of Use, which are accessible on our website.
By clicking agree, you agree that you have read, understand and agree to be bound by our Terms, our Privacy Policy and Website Terms of Use.
General
We have developed and are providing the Tanngo Platform to facilitate your engagement with advisers and adviser businesses for the preparation of financial paperwork and other back-office administration tasks. It is our responsibility to ensure the Tanngo Platform is operational and running smoothly, in consideration for which we receive fees (see below).
Your engagement with any person or business on or through the Tanngo Platform is at your sole risk, and we are not a party to any agreement or contract entered into between you and any adviser.
We are committed to ensuring that the Tanngo Platform is useful and efficient for the purpose for which it is provided. As such, we reserve the right to make amendments to the Tanngo Platform, at any time and for any reason. We may need to change and update the platform from time to time.
We are offering the Tanngo Platform to you for your commercial use, but you are prohibited from amending and/or modifying any part of the Tanngo Platform, including but not limited to accessing its source code. Unless otherwise acknowledged, the Tanngo Platform itself, all material on the Tanngo Platform, including text, graphics, information, and coding, is the property of Pockit Solutions Pty Ltd. All copyright is reserved.
You are provided with access to the Tanngo Platform for commercial use. For this purpose, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any similar statute that applies in your jurisdiction), you may not, in any form or by any means adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Tanngo Platform (with the exception of work performed by a contractor in satisfaction of a job).
Trademarks displayed on the Tanngo Platform are proprietary to their respective owners and are protected by applicable trademark and copyright laws. These trademarks may be our registered or unregistered trademarks or may belong to others and are used on the Tanngo Platform with permission of the relevant owner.
Nothing contained on the Tanngo Platform should be construed as granting any licence or right of use of any trademark which is displayed on the Tanngo Platform without the express written permission of the relevant owner.
If you use anyone else’s trademark to refer to our activities, products or services, you must include a statement attributing that trademark to its owner. You must not use anyone else’s trademark:
- in or as the whole or part of your own trademarks;
- in connection with activities, products or services which are not yours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages the owner of the trademark or the owner’s information, products or services (including our trademarks and the Tanngo Platform);
- in a manner that seeks to pass off other trademarks as any other product, service or entity; or
- in a manner that is prohibited by law.
- unless you obtain the prior express, written consent of the owner of the trademark.
It is your responsibility to keep your access and use of the Tanngo Platform secure at all times, including the dissemination of personal information or log in details to other users of the Tanngo Platform.
Your use of the Tanngo Platform
As a condition of your use of the Tanngo Platform, you warrant to us that you will not use the Tanngo Platform for any purpose that is prohibited by these Terms. In particular, you agree not to:
- use the Tanngo Platform to defame, abuse, harass, stalk, threaten or otherwise offend any person;
- publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
- use any automated scripting tools or software;
- engage in or promote any third party surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via the Tanngo Platform;
- impersonate any other person or entity;
- upload, post, email, transmit or otherwise make available using the Tanngo Platform any material that you do not have a right to make available or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or apps or hardware or to utilise other computer systems or apps for improper purposes or without authorisation; or
- breach any laws or regulations which are applicable to your use of the Tanngo Platform.
Warranties
You warrant that you have:
- obtained all licences, required by law, and will comply with all other applicable laws, in relation to your use of the Tanngo Platform, engagement with any adviser and the preparation of all work undertaken at a adviser’s instruction or request in satisfaction of a job posted on the Tanngo Platform, or otherwise;
- taken into account and made proper allowance for all risks in relation to any work that you may undertake at a adviser’s instruction or request in satisfaction of a job posted on the Tanngo Platform, or otherwise;
- undertaken all due diligence required by law in relation to any of the adviser’s client(s) for which you will undertake work;
- obtained all necessary authorisations from the adviser and/or client(s) in relation to any work to be undertaken by you through the Tanngo Platform;
- not relied on any representation, warranty or undertaking of any kind made by us or on behalf of the any other party or user of the Tanngo Platform.
We provide no warranty or representation in relation to the reputation, qualification or suitability of any adviser or any job posted on the marketplace.
We take no responsibility for, and make no warranty in relation to:
- any statement or representation made by you to a adviser; or
- any work undertaken by you; or
- the accuracy, completeness or compliance of any work undertaken by you; or
- any statement or representation made by you or any other user of the Tanngo Platform.
Employment and Agency
No user of the Tanngo Platform will be classed as an employee, sub-contractor or agent of us in any capacity.
We do not act as agent for you or any adviser, except in our capacity to hold fees payable in escrow pending completion of a particular job (see below).
Tanngo Platform Registration
To register with the Tanngo Platform, you must create a profile and pay the background check fee (which, in its absolute discretion Tanngo may agree to waive). In order to create a profile, we will require the following information:
- Your full name;
- Australian Mobile Phone Number;
- The full name of your company/business or trading name, including the A.C.N/A.B.N (if applicable);
- Number of years in the industry;
- Resume;
- Police and Credit check that has been performed in less than 12 months before you signed up to Tanngo;
- Any other relevant information.
You must have an ABN and be registered for GST in order to be a contractor on Tanngo. If you cannot supply a registered ABN that is registered for GST, your account will be cancelled.
Once your registration has been completed, you will be emailed a link to a third-party portal for you to complete a police and credit check. There is a small fee associated with these checks, which is payable by you. We accept no liability for any damage, economic or otherwise, that may be caused to you or anyone else by your use of any third-party website or software.
Once your checks have been approved, you must supply your education certificates for verification, and attest to the Tanngo Data Policy before you can be fully approved.
We reserve the right to suspend and/or cancel your registration with the Tanngo Platform or verify the validity of your registration information or documents.
For the avoidance of doubt, your registration with the Tanngo Platform may be cancelled if your profile or your use of the Tanngo Platform includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, any content which infringes the rights of another person (including intellectual property rights or rights of privacy and confidentiality) or otherwise is in breach of these Terms.
Tanngo will require you to undertake a Police check and Credit check every two years once you are approved.
We reserve the right to re-validate the registration of any user of the Tanngo Platform, for any reason.
After you register, you may view the marketplace jobs, but you will not be able to quote on the jobs until your account is approved. If you have not completed the Tanngo approval process, your account will be cancelled and you will need to contact Tanngo to have your account reopened.
If you reside overseas with an overseas mobile phone number, you will not be able to register for Tanngo. You require an Australian Mobile Phone number to join Tanngo as a contractor.
Jobs and the Marketplace
Once you have completed registration, you will obtain access to the marketplace. The marketplace is where you can quote for jobs posted by advisers.
You can review all jobs on the marketplace as well as specific details relating to each job including the strategy product and notes uploaded by the adviser. Please note that you will not have access to any client-specific information in relation to a particular job unless and until your quote for a job has been accepted by the adviser.
To quote on a job, you must provide a quote for your fee including GST for completing the job for the adviser. You must not quote fees outside of the Tanngo platform.
Please note that during the quoting process you, and other contractors, can request further information or ask questions about a job; such requests and questions are posted on the specific job request and are able to be viewed by all other contractors quoting for the job, as well as the adviser. The adviser’s answers to such requests and questions are also posted on the job request to be viewed by all quoting contractors.
Quoting and Acceptance
Advisers are entitled to accept any quote for their job(s), and such acceptance can be based upon a contractors experience, expertise, proposed fee or otherwise.
If your quote for a job is accepted, your fee proposed is locked in, and you will obtain access to all documents and information related to that particular job, including all client-specific documents uploaded to the job.
You must not provide your log-in details for the Tanngo Platform to any adviser.
Should you require log in information for third-party software (including online databases) then you must contact the adviser and make arrangements directly with the adviser.
Once a quote has been accepted, the adviser is required to pay the required fees (plus our booking fee) – see below). You should not start work on the job until the adviser has paid the fees.
Fees
We charge a booking fee to the adviser, for every job accepted by an adviser.
Our booking fee is an amount equivalent to 5% – 15% of every fee accepted by an adviser. This fee may vary depending on the adviser chosen.
Upon acceptance of a job, the adviser must pay the job fee, which is the sum of your proposed fee, plus our booking fee, including GST.
All fees for all jobs are then held by Tanngo, in escrow, pending completion of the job by you to the satisfaction of the adviser.
If paying by credit card a surcharge of 1.75% on the total fee will be charged in addition to the Tanngo booking fee.
Completion and Payment
Once a quote has been accepted by the adviser and the fees paid by the adviser (see above), you should commence work on the job and upload the completed work to the job portal on the Tanngo Platform by the due date specified in the job description.
If you require further information or assistance in relation to a particular job, you can upload any questions or requests for the adviser to answer on the job request.
If the adviser is happy with the completed work it will confirm on the Tanngo Platform that the job is complete, after which monies held by us will be paid to you and we will retain our booking fee.
If the adviser is not satisfied with the work completed by you, the adviser is able to leave comments and further instructions to enable you to complete the work to the required standard.
Please note that you are entitled to request a further fee to re-work any work allegedly completed by you (“Rework Fee”). The Rework Fee is at your discretion and must be accepted by the adviser prior to you continuing with the job.
If a Rework Fee is accepted by an adviser, the adviser must make payment of the Rework Fee upon acceptance, and such Rework will be held in escrow (see above) with the original fees paid until the job is completed by you. Please note we charge a booking fee in relation to a Rework Fee. The minimum Rework fee is $50 including GST. You should not complete any reworks until the Rework fee is ‘approved’ on your job.
The adviser may decline, or dispute the imposition or amount of a Rework Fee in accordance with our dispute policy below.
Once a job is marked as completed by the adviser, the job is archived by us and all job information, including client-specific information, is retained by us for a period of three (3) months, after which it all documents shall be permanently deleted.
Late fees
If a job has been accepted and a job is not delivered by the agreed due date, without any communication at the fault of the contractor, then a late fee will be deducted from your proposed fee. If a new due date is agreed, this must be reflected in the Tanngo job either in the comments or by the adviser changing the due date by editing the job.
The late fee will be 20% of your proposed fee on the first day late, then 10% for every day thereafter until the new date is agreed or the job is completed.
This fee will be paid to the adviser as a refund and will not be retained by Tanngo.
Cancelling a Job
An adviser may cancel a job at any time.
If an adviser cancels a job after it has accepted your quote (and made payment of the fees in accordance with these Terms), the cancellation will attract a cancellation fee in the amount of:
- $50; or
- 20% of your proposed fee paid by the adviser for that job
(whichever is the greater)
The cancellation fee is payable immediately by the adviser on cancellation.
Once the cancellation fee is paid by the adviser, we will remit the amount equivalent to the cancellation fee to you, we will retain the booking fee and your original proposed fee less the cancellation fee paid by the adviser (and held by us) will be returned to the adviser.
If the adviser fails to make payment of the cancellation fee upon demand, or in any case within 7 days of cancelling the job, your full fee proposed will be remitted to you in full and we will retain the booking fee.
Cancellation by you
If you cancel a job at any time after your quote is accepted by an adviser:
- any documents or information you have produced to date in relation to that particular job must be handed over to the adviser and the adviser accepts receipt of the same on the basis that the information or documents may not be complete; and
- you will not receive any payment for any work completed in relation to that particular job; and
- such cancellation will be noted on your profile and your Tanngo Platform rating will be detrimentally impacted. The more cancellations you initiate, the lower your rating will be, meaning the less likely any of your bids will be accepted by advisers moving forward.
Cancellation by an adviser
If a job is cancelled by an adviser 2 days or prior to the due date specified in the job, the adviser will not receive, and you are under no obligation to provide, the benefit of any work undertaken, or documents prepared, by you for that job unless we determine such cancellation is due to reasons beyond the adviser’s control (see below). The adviser will also incur the cancellation fee calculated as per above.
If a job is cancelled by an adviser less than 2 days prior to the due date specified in the job, then the adviser will receive, and you are obligated to provide, the benefit of the work undertaken, or documents prepared, by you for that job but you are under no obligation to complete such information or documents and the adviser accepts receipt of the same on the basis that the information or documents may not be complete. The adviser will also incur a cancellation fee of 80% of the fee paid for that job (excluding our booking fee) which will be remitted to you, and we will retain any booking fee paid.
If the cancellation of a job by an adviser is due to reasons beyond the adviser’s control or if there are exceptional circumstances (for example, the client has passed away), then the adviser can apply to us for the relevant cancellation fee to be waived, which we will consider at our absolute discretion. If we decide to waive the cancellation fee, we will reimburse you the appropriate cancellation fee ourselves.
Referrals
In the event you refer another adviser to the Tanngo Platform, then:
If that new adviser signs up to the Tanngo Platform; and
Once that new adviser has successfully completed their first two jobs; then you and the new adviser will receive a cash bonus paid into your bank account nominated in your profile (“Referral Fee”). You are entitled to the Referral Fee on the above conditions, for every adviser you refer to the Tanngo Platform. The minimum total job fee of $350 applies to qualify for this referral fee. The adviser must use your referral code when creating an account in order to be eligible for the Referral Fee as per above. Your referral code URL is found on your profile page
You are entitled to the Referral Fee on the above conditions, for every adviser you refer to the Tanngo Platform.
The adviser must use your referral code when creating an account in order to be eligible for the Referral Fee as per above. Your referral code URL is found on your profile page.
Direct Access
Tanngo will allow an adviser to request a contractor to be part of their ‘Direct Access Panel’. This will allow an adviser to send requests directly to you instead of the marketplace.
By sending a direct access request, you can have first right to quote. If you want to decline the job, you can let the adviser know in the chat function so they can allocate to another contractor or send to the marketplace.
You can negotiate on the terms of the job, including the due date, prior to making a quote.
Confidentiality agreements
Tanngo will allow the adviser to send you a confidentiality agreement before commencing work with them. If they have turned on this feature, you won’t be able to commence work until this document is executed.
Tanngo provides a general Confidentiality Agreement template to use. You can sign this document digitally in the platform. It is your responsibility to have this general agreement checked by your legal representative and we take no liability for the content of the agreement if you have not done so.
You can find all your signed confidentially agreements in the Direct Access section of the Tanngo Platform. Signed copies of all confidentiality agreements are also sent to your email address as listed on Tanngo.
Keeping an acceptable rating
You need to maintain a total rating of 3.80 and above to remain as an approved paraplanner on platform. Once your rating has dropped below 3.80 your account will be suspended.
Tanngo has the right to remove any ratings it deems inappropriate, unfair or has otherwise been attained or obtained by inappropriate means.
Vetting of first plan
As part of the quality control of the Tanngo platform, you must have your first plan vetted by the Tanngo admin team.
You will need to encrypt any documents and email admin@tanngo.com.au your draft SOA prior to the due date. The job will be vetted within 24 hours.
If the job is deemed to be at a standard that Tanngo cannot accept, we may cancel your account after the job is completed.
Your Responsibilities
You are responsible for your conduct and ensuring that you comply with these Terms, including but not limited to co-operating with us as we reasonably require and providing the information and documentation that we reasonably require in accordance with these Terms.
You are responsible, and bear all risk associated with, any financial advice drafted in connection with any job accepted by you through the Tanngo Platform. It is your sole responsibility to review all work produced for a particular job.
It is your sole responsibility, and we accept no liability for, any work produced by your employees, agents or subcontractors.
You will be banned from using the Tanngo Platform if, in our absolute discretion:
We believe you are in breach of these Terms; or
We believe you are using the Tanngo Platform to pursue or acquire paraplanning contracts that are then completed outside the Tanngo Platform; or
You cancel a significant number of jobs prior to their completion; or
We believe you deliberately or wilfully accept low bids for your jobs on the marketplace and agree to make payment to the contractor outside the Tanngo Platform.
Intellectual Property and Confidential Information
If we provide you with any agreement to use our intellectual property or provide you any confidential information relating to us or any other user of the Tanngo Platform, you will keep this information confidential and will not disclose it to any third party unless:
- as required by law;
- to legal advisors, accountants, auditors, financial advisers or other advisers who are under a duty of confidentiality; or
- with the express consent of the party who originally disclosed and/or owns the confidential information.
If you provide us with any agreement to use your intellectual property or provide us any confidential information relating to you or any other user of the Tanngo Platform, we will keep this information confidential and will not disclose it to any third party unless:
- as required by law;
- to legal advisors, accountants, auditors, financial advisers or other advisers who are under a duty of confidentiality; or
- with your express consent or the express consent of the party who originally disclosed and/or owns the confidential information.
We will keep all information received from you confidential and will store, maintain and otherwise use such confidential information, including personal information, in accordance with the Australian Privacy Principles, the Privacy Act 1988, our Privacy Policy and these Terms. For the avoidance of doubt, we will not be held liable, to the greatest extent permitted by law, for any unauthorised use of personal information, confidential information or third-party intellectual property where such use is caused, directly or indirectly, by your act or omission to act.
Limitation of Our Liability
We are not responsible for any loss, damage or injury suffered or claimed, including but not limited to, indirect or consequential loss or damage, personal injury or death, and direct or indirect loss or damage suffered by you in relation to accessing, registering with and/or using the Tanngo Platform, including any work produced in relation to or in satisfaction of any particular job, except where such loss, damage or injury was caused by a breach of these Terms by us or the wilful or negligent acts or omissions of us. For the avoidance of doubt, we shall not be liable for loss caused by technical and mechanical malfunction of the Tanngo Platform which is outside of our control.
Resolving Disputes
To the extent that a situation, malfunction, or other issue arises for which these Terms make no provision or in relation to which the relevant terms of these Terms is unclear, we reserve the right to
(a) make a decision regarding those circumstances which is not inconsistent with these Terms; or
(b) postpone any quoting for or work related to a particular job and/or postpone any adviser or contractor on the Tanngo Platform.
We would like the opportunity to address any concerns you may have regarding the Tanngo Platform. In registering your profile on the Tanngo Platform, you agree to take reasonable steps to resolve any dispute that may arise by emailing us at admin@tanngo.com.au and informally outlining the issues you have. We will also take reasonable steps to resolve this dispute informally.
If a dispute arises between you and a adviser concerning a particular job (or satisfaction of a particular job) then you must address your concerns directly with the adviser in order to seek a resolution. If a resolution cannot be achieved, then please contact us at admin@tanngo.com.au and we will either seek to resolve the dispute between the parties, acting as an impartial third party, or refer the parties to an alternative dispute resolution process (such as an independent expert or mediator).
Jurisdiction
These Terms are governed by the laws of Victoria, Australia.
General
A failure, delay, relaxation or indulgence by us in exercising any power or right conferred on us under these Terms does not operate as a waiver of the power or right.
These Terms cannot be amended or varied except as agreed between you and us in writing.
If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other circumstances of or the validity or enforcement of these Terms.
Financial Advisers
TERMS AND CONDITIONS
(Pockit Platform Pty Ltd Trading as Tanngo)
ADVISERS
Thank you for using Tanngo (“Tanngo Platform”).
Before continuing, you agree that you have read, understand and agree to be bound by our Terms and Conditions (“Terms”).
Our Terms should be read in conjunction with our Privacy Policy and Website Terms of Use, which are accessible on our website.
By clicking agree, you agree that you have read, understand and agree to be bound by our Terms, our Privacy Policy and Website Terms of Use.
General– the Tanngo Platform
We have developed and are providing the Tanngo Platform to facilitate your engagement with contractors to assist you in the preparation of financial paperwork for your clients. It is our responsibility to ensure the Tanngo Platform is operational and running smoothly, in consideration for which we receive the Booking Fee (see below).
Your engagement with any person on or through the Tanngo Platform is at your role risk, and we are not a party to any agreement or contract entered into between you and any contractor.
We are committed to ensuring that the Tanngo Platform is useful and efficient for the purpose for which it is provided. As such, we reserve the right to make amendments to the Tanngo Platform, at any time and for any reason. We may need to change and update the platform from time to time.
We are offering the Tanngo Platform to you for your commercial use, but you are prohibited from amending and/or modifying any part of the Tanngo Platform, including but not limited to accessing its source code. Unless otherwise acknowledged, the Tanngo Platform itself, all material on the Tanngo Platform, including text, graphics, information, and coding, is the property of Pockit Solutions Pty Ltd. All copyright is reserved.
You are provided with access to the Tanngo Platform for commercial use. For this purpose, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any similar statute that applies in your jurisdiction), you may not, in any form or by any means adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Tanngo Platform (with the exception of work performed by a contractor in satisfaction of a job).
Trademarks displayed on the Tanngo Platform are proprietary to their respective owners and are protected by applicable trademark and copyright laws. These trademarks may be our registered or unregistered trademarks or may belong to others and are used on the Tanngo Platform with permission of the relevant owner.
Nothing contained on the Tanngo Platform should be construed as granting any licence or right of use of any trademark which is displayed on the Tanngo Platform without the express written permission of the relevant owner.
If you use anyone else’s trademark to refer to our activities, products or services, you must include a statement attributing that trademark to its owner. You must not use anyone else’s trademark:
- in or as the whole or part of your own trademarks;
- in connection with activities, products or services which are not yours;
- in a manner which may be confusing, misleading, or deceptive;
- in a manner that disparages the owner of the trademark or the owner’s information, products, or services (including our trademarks and the Tanngo Platform);
- in a manner that seeks to pass off other trademarks as any other product, service or entity; or
- in a manner that is prohibited by law.
- unless you obtain the prior express, written consent of the owner of the trademark.
It is your responsibility to keep your access and use of the Tanngo Platform secure at all times, including the dissemination of personal information or log in details to other users of the Tanngo Platform.
Warranties
You warrant that you have:
obtained all licences, required by law, and will comply with all other applicable laws, in relation to your use of the Tanngo Platform, engagement of any contractor and the preparation and acceptance of all work undertaken by a contractor at your instruction or request in satisfaction of a job posted by you on the Tanngo Platform, or otherwise;
taken into account and made proper allowance for all risks in relation to any work that may be undertaken by a contractor at your instruction or request in satisfaction of a job posted by you on the Tanngo Platform, or otherwise;
undertaken all due diligence required by law in relation to your client(s);
obtained all necessary authorisations from your client(s) in relation to any work to be undertaken by a contractor through the Tanngo Platform;
not relied on any representation, warranty or undertaking of any kind made by us or on behalf of the any other party or user of the Tanngo Platform.
We provide no warranty or representation in relation to the suitability, qualification, or experience of any para-planer for any particular job.
We take no responsibility for, and make no warranty in relation to:
any statement or representation made by you to a contractor; or
any work undertaken by a contractor; or
the accuracy, completeness or compliance of any work undertaken by any contractor; or
any statement or representation made by you or any other user of the Tanngo Platform.
Employment and Agency
No user of the Tanngo Platform will be classed as an employee, sub-contractor or agent of us in any capacity.
We do not act as agent for you or any contractor, except in our capacity to hold fees payable in escrow pending completion of a particular job (see below).
Your use of the Tanngo Platform
As a condition of your use of the Tanngo Platform, you warrant to us that you will not use the Tanngo Platform for any purpose that is prohibited by these Terms. In particular, you agree not to:
use the Tanngo Platform to defame, abuse, harass, stalk, threaten or otherwise offend any person;
publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive, or inappropriate;
use any automated scripting tools or software;
engage in or promote any third-party surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via the Tanngo Platform;
impersonate any other person or entity;
upload, post, email, transmit or otherwise make available using the Tanngo Platform any material that you do not have a right to make available or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or apps or hardware or to utilise other computer systems or apps for improper purposes or without authorisation; or
breach any laws or regulations which are applicable to your use of the Tanngo Platform.
Tanngo Platform Registration
To register with the Tanngo Platform, you must create a profile. In order to create a profile, we will require the following information:
- Your full name;
- Mobile phone number;
- The full name of your company/business, including the A.C.N/A.B.N; and
- Licensee Name and Details.
In addition to the above information, you will also be required to upload standard documents for advisers and contractors, including but not limited to Financial Services Guides, Assumptions for Projections, Rates of Return, Policy Documents and Templates. Please note that the documents you upload will not be visible to other users of the Tanngo Platform unless and until an appropriate contractor is matched with your job (i.e. a quote is accepted by you – see below).
We reserve the right to suspend and/or cancel your registration with the Tanngo Platform or verify the validity of your registration information or documents.
For the avoidance of doubt, your registration with the Tanngo Platform may be cancelled if your profile or your use of the Tanngo Platform includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, any content which infringes the rights of another person (including intellectual property rights or rights of privacy and confidentiality) or otherwise is in breach of these Terms.
We reserve the right to re-validate the registration of any user of the Tanngo Platform, for any reason.
Jobs and the Marketplace
Once you have completed registration, you will obtain access to the marketplace. The marketplace is where you can upload jobs for which you require a contractor’s assistance.
To upload a job on the marketplace, you will need to complete a job request. A job request must include certain details for contractors to consider, including but not limited to the job required to be completed, costs and fees and the financial strategy and financial products associated with the job. You will also be asked to upload documents relating to the job, including documents and information relating to your client, however all client-specific information will not be visible to other users of the Tanngo Platform unless and until an appropriate contractor is matched with your job, after which the contractor will have access to the client-specific information in order for them to commence work.
Quoting and Acceptance
Once a job has been posted in the marketplace, contractors can then quote to be assigned to the job. Please note that during the quoting process, contractors may request further information or ask questions about a job; such requests and questions are posted anonymously on the specific job request and are able to be viewed by all other contractors quoting for the job. Your answers to such requests and questions are also posted on the job request to be viewed by quoting contractors.
You are free to accept any quote for any particular job and your acceptance can be based upon a contractor’s experience, expertise, proposed fee or otherwise. The quote includes GST and the booking fee.
Once you have accepted a quote for a job, the fee proposed by the contractor is locked in, and the contractor will obtain access to all documents and information related to that particular job, including Financial Services Guides, Assumptions for Projections, Rates of Return, Policy Documents, Templates and all client-specific documents.
You must not provide your log-in details for the Tanngo Platform to any contractor. Should the contractor require log in information for third-party software (including online databases) then you disclose all log in details for such third-party software to a contractor at your sole risk and are we are not liable in relation to any misuse of such information.
Once a quote has been accepted, you will be required to pay the fee offered by the contractor and accepted by you for that particular job (plus our booking fee – see below). Payment of the fee is made in accordance with these Terms – see below.
Fees
We charge a booking fee for every job accepted by an adviser.
Our booking fee is an amount equivalent to 5% – 25% of every fee accepted by an adviser, as negotiated between Tanngo and the adviser.
Once you accept a quote for a job, you must pay the fee proposed by the contractor, plus our booking fee, at the time of acceptance.
All fees for all jobs are then held by Tanngo, in escrow, pending completion of the job.
If paying by credit card a surcharge of 1.75% on the total fee will be charged in addition to the Tanngo booking fee.
Completion and Payment
Once a quote has been accepted by you, and you have made payment of the relevant fees (see above), the contractor shall commence work on the job and upload the completed work to the job portal on the Tanngo Platform by the due date specified by you in the job description.
If you are happy with the work completed by the contractor, you must confirm on the Tanngo Platform that the job is complete, after which the contractor’s fee held by us in relation to that particular job is paid to the contractor and the booking fee is retained by us.
If you are not satisfied with the work completed by the contractor, you are able to leave comments and further instructions to enable the contractor to complete the work to the required standard.
Please note that contractors are entitled to request a further fee to re-work any work allegedly completed by the contractor (“Rework Fee”). The Rework Fee is at the contractors discretion and must be accepted by you prior to the contractor continuing with the job.
If a Rework Fee is accepted by you, you must make payment of the Rework Fee upon acceptance, and such Rework will be held in escrow (see above) with the original fee paid until the job is completed.
If you wish to dispute the imposition or amount of a Rework Fee, please see our dispute policy below.
Once a job is marked as completed by you, the job is archived by us and all job information, including client-specific information, is retained by us for a period of three (3) months, after which it shall be permanently deleted.
Late fees
If a job has been accepted in the Marketplace and a job is not delivered by the agreed due date, without any communication at the fault of the contractor, then a late fee will be deducted from the contractor’s proposed fee and refunded to you. If a new due date is agreed, this must be reflected in the Tanngo job to avoid a late fee.
The late fee will be 20% of the proposed fee on the first day late, then 10% for every day thereafter until the new date is agreed, or the job is completed.
This fee will be paid to you as a refund and will not be retained by Tanngo.
Cancelling a Job
You may cancel a job at any time.
If you cancel a job after you have accepted a contractor’s quote (and made payment of the contractor’s fee and the booking fee in accordance with these Terms), the cancellation will attract a cancellation fee in the amount of:
$50; or
20% of the contractor’s fee paid for that job
(whichever is the greater)
The cancellation fee is payable immediately on cancellation.
Once the cancellation fee is paid by you, we will remit the amount equivalent to the cancellation fee to the contractor, we will retain the booking fee and the original contractor fee paid will be returned to you.
If you fail to make payment of the cancellation fee upon demand, or in any case within 7 days of cancelling the job, the full contractor fee paid will be remitted to the contractor and we will retain the booking fee.
Cancellation by contractor
If a contractor cancels a job at any time after its quote is accepted by you:
- any documents or information the contractor has produced to date in relation to that particular job must be handed over to you, however you accepts receipt of the same on the basis that the information or documents may not be complete; and
- the contractor will not receive any payment for any work completed in relation to that particular job; and
- such cancellation will be noted on the contractor’s profile and the contractor’s Tanngo Platform rating will be detrimentally impacted. The more cancellations a contractor initiates, the lower their rating will be, meaning the less likely any of their bids will be accepted by advisers moving forward.
Tanngo will endeavour to find a replacement contractor in the event of cancellation.
Cancellation by you
If a job is cancelled by a you 2 days or more prior to the due date specified in the job, you will not receive, and the contractor is under no obligation to provide, the benefit of any work undertaken, or documents prepared, by the contractor for that job unless we determine such cancellation is due to reasons beyond the your control (see below). You will also incur the cancellation fee calculated as per above.
If a job is cancelled by you less than 2 days prior to the due date specified in the job, then you will receive, and the contractor is obligated to provide, the benefit of the work undertaken, or documents prepared, by the contractor for that job but the contractor is under no obligation to complete such information or documents and the you accept receipt of the same on the basis that the information or documents may not be complete. You will also incur a cancellation fee of 80% of the fee paid for that job (excluding our booking fee) which will be remitted to the contractor and we will retain any booking fee paid.
If the cancellation of a job is due to reasons beyond your control (for example, your client has passed away), then you can apply to us for the relevant cancellation fee to be waived, which we will consider at our absolute discretion. If we decide to waive the cancellation fee, we will reimburse the contractor the appropriate cancellation fee ourselves.
Direct Access
Tanngo will allow you to request a contractor to be part of your ‘Direct Access Panel’. This will allow an adviser to send requests directly to you instead of the marketplace. The contractor has the right to refuse this invitation.
By sending a direct access request, the contract has first right to quote. If a contractor declines the job, they must let you know in the chat to allow you to allocate to another contractor or send to the marketplace.
A contractor can negotiate on the terms of the direct access job prior to making a quote.
All documents uploaded to a direct access job are visible to the contactor immediately, for review and quoting purposes.
Confidentiality agreements
Tanngo will allow you to send you a digital confidentiality agreement to the contractor before they commence a job. Contractors will not be able to commence a job until a confidentiality agreement is signed, if this feature is turned on for your account. You can turn on this feature in your Profile.
The document provided by Tanngo is a general template only. This document is agreed to digitally in the platform. It is your responsibility to have this agreement checked by your legal representative and we take no liability for the content of the agreement if you have not done so.
You can find all your signed confidentially agreements in the Direct Access section of the Tanngo Platform. Signed copies of all confidentiality agreements are also sent to your email address as listed on Tanngo.
Your Responsibilities
You are responsible for your conduct and ensuring that you comply with these Terms, including but not limited to co-operating with us as we reasonably require and providing the information and documentation that we reasonably require in accordance with these Terms.
You are responsible, and bear all risk associated with, any financial advice drafted by a contractor at your request through the Tanngo Platform, in satisfaction of a job or otherwise. It is your sole responsibility to review all work produced for a particular job.
You will be banned from using the Tanngo Platform if, in our absolute discretion:
- We believe you are in breach of these Terms; or
- We believe you are using the Tanngo Platform to pursue or acquire paraplanning contracts that are then completed outside the Tanngo Platform; or
- You cancel a significant number of jobs prior to their completion; or
- Try to circumvent using the Tanngo Platform prior to posting a job; or
- We believe you deliberately or wilfully accept low bids for your jobs on the marketplace and agree to make payment to the contractor outside the Tanngo Platform.
Intellectual Property and Confidential Information
If we provide you with any agreement to use our intellectual property or provide you any confidential information relating to us or any other user of the Tanngo Platform, you will keep this information confidential and will not disclose it to any third party unless:
- as required by law;
- to legal advisors, accountants, auditors, financial advisers or other advisers who are under a duty of confidentiality; or
- with the express consent of the party who originally disclosed and/or owns the confidential information.
If you provide us with any agreement to use your intellectual property or provide us any confidential information relating to you or any other user of the Tanngo Platform, we will keep this information confidential and will not disclose it to any third party unless:
- as required by law;
- to legal advisors, accountants, auditors, financial advisers or other advisers who are under a duty of confidentiality; or
- with your express consent or the express consent of the party who originally disclosed and/or owns the confidential information.
We will keep all information received from you confidential and will store, maintain and otherwise use such confidential information, including personal information, in accordance with the Australian Privacy Principles, the Privacy Act 1988, our Privacy Policy and these Terms. For the avoidance of doubt, we will not be held liable, to the greatest extent permitted by law, for any unauthorised use of personal information, confidential information or third-party intellectual property where such use is caused, directly or indirectly, by your act or omission to act.
Limitation of Our Liability
We are not responsible for any loss, damage or injury suffered or claimed, including but not limited to, indirect or consequential loss or damage, personal injury or death, and direct or indirect loss or damage suffered by you in relation to accessing, registering with and/or using the Tanngo Platform, including any work produced in relation to or in satisfaction of any particular job, except where such loss, damage or injury was caused by a breach of these Terms by us or the wilful or negligent acts or omissions of us. For the avoidance of doubt, we shall not be liable for loss caused by technical and mechanical malfunction of the Tanngo Platform which is outside of our control.
Resolving Disputes
To the extent that a situation, malfunction, or other issue arises for which these Terms make no provision or in relation to which the relevant terms of these Terms is unclear, we reserve the right to
(a) make a decision regarding those circumstances which is not inconsistent with these Terms; or
(b) postpone any quoting for or work related to a particular job and/or postpone any adviser or contractor on the Tanngo Platform.
We would like the opportunity to address any concerns you may have regarding the Tanngo Platform. In registering your profile on the Tanngo Platform, you agree to take reasonable steps to resolve any dispute that may arise by emailing us at admin@tanngo.com.au and informally outlining the issues you have. We will also take reasonable steps to resolve this dispute informally.
If a dispute arises between you and a contractor concerning a particular job (or satisfaction of a particular job) then you must address your concerns directly with the contractor in order to seek a resolution. If a resolution cannot be achieved, then please contact us at admin@tanngo.com.au and we will either seek to resolve the dispute between the parties, acting as an impartial third party, or refer the parties to an alternative dispute resolution process (such as an independent expert or mediator).
Jurisdiction
These Terms are governed by the laws of Victoria, Australia.
General
A failure, delay, relaxation or indulgence by us in exercising any power or right conferred on us under these Terms does not operate as a waiver of the power or right.
These Terms cannot be amended or varied except as agreed between you and us in writing.
If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other circumstances of or the validity or enforcement of these Terms.
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