LEGALS

Terms of Use

Terms of Use

CONTRACTORS

(Pockit Platform Pty Ltd Trading as Tanngo)

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, compliance support, consultancy, software support services, project management or any other role defined or agreed in your engagement agreement. 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 and any ancillary services, platforms or products provided by or facilitate by us, 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;
not used Artificial Intellegence (AI) in your work unless you have disclosed clearly to the party receiving your work product that you have done so, to what extent and for what purpose/s;
not used an adviser’s or client(s) confidential information or proprietary data in any Artificial Intelligence (AI) platform without the prior written consent of that party; and
at the conclusion of your engagement by the adviser or client(s) you have permanently deleted the counterparty or client(s) data and information from your systems and records (excluding only any data and information required in compliance with law or that the counterparty has requested in writing that you securely store on their behalf subject to any applicable conditions)

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

We do not act as agent for you or any adviser, except:

(a) in our capacity to hold fees payable pending completion of a particular job or approval of time entries under a Long Term Contract; and

(b) in our capacity to prepare and issue recipient created tax invoices on the adviser’s behalf in accordance with the Invoicing and Tax Documents clause below.

Except as set out above, no user of the Tanngo Platform will be classed as an employee, sub-contractor or agent of us in any capacity.

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);
Resume;
Education Certificates
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 Privacy 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 and you consent to these requirements.

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 can be viewed and responded to by the adviser. You acknowledge and agree that Tanngo is able to access and view this information as part of quality, compliance and support requirements.

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 up to 25% 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, on account for you, pending completion of the job by you to the satisfaction of the adviser.

Invoicing and Tax Documents

You must hold a valid ABN and be registered for GST for as long as you hold an account on the Tanngo Platform. You must notify us in writing immediately if you cease to be registered for GST or your ABN changes. We may verify your ABN and GST registration status at any time, including before processing any payment to you.

You agree that these terms form a recipient created tax invoice agreement between you and each adviser who engages you through the Tanngo Platform, and that with each such adviser:

(a) the adviser may issue a recipient created tax invoice (RCTI) for the services you supply to them through the Tanngo Platform, and may authorise us to prepare and issue those RCTIs on their behalf as their agent;

(b) you will not issue a tax invoice for any supply covered by an RCTI issued under this clause;

(c) you and the adviser are each registered for GST at the time the RCTI is issued, and each of you must notify the other and us immediately if you cease to be registered;

(d) the value of each taxable supply is determined by the adviser after the supply is made, by their confirmation that a job is complete or their approval of your time entries;

(e) the RCTI will be issued to you within 28 days of that determination; and

(e) the RCTI will not be issued, and the issuing of RCTIs will stop, if any requirement for issuing recipient created tax invoices under the GST law is no longer met.

The fees you quote and agree through the Tanngo Platform are inclusive of GST. The GST component is shown separately on each RCTI and is payable by you.

If you cease to be registered, we may suspend payment processing until the position is resolved.

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 (“Additional Fee”). The Additional Fee is at your discretion and must be accepted by the adviser prior to you continuing with the job.

If a Additional Fee is accepted by an adviser, the adviser must make payment of the Additional Fee upon acceptance, and such fee will be held by us on account for you (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 Additional Fee. The minimum Additional fee is $50 including GST. You should not complete any reworks until the Additional fee is ‘approved’ on your job.

The adviser may decline, or dispute the imposition or amount of Additional 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 all documents shall be permanently deleted Tanngo may, but is not required to, provide you with the option or functionality to set your own permanent deletion timeframe from between one (1) day after job completion up to three (3) months. For audit and compliance purposes, some records – such as job activity and system logs – may be retained by Tanngo.

Overdue Job

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 this job will be considered overdue and will be recorded against your profile. If a new due date is agreed, this must be reflected in the Tanngo job by the adviser changing the agreed due dateor accepting a new due date proposed by you. You can request a new due date via the Tanngo job functionality, but it must be agreed by the adviser.

An overdue job is a job that has not been ‘Marked ready for Review’ by the 11.59pm on the due date.

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 may attract a cancellation fee in the amount of up to 20% of the proposed fee paid by the adviser for that job.

Tanngo will review the circumstances of a cancellation and determine in Tanngo’s sole discretion, acting reasonably, if a cancellation fee is payable

If Tanngo determines a cancellation fee is payable, 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 may be entitled a cash bonus paid into your bank account nominated in your profile (“Referral Fee”) if Tanngo has a current Referral Fee offer (“Referral Fee Offer”) advertised and during the applicable Referral Fee Offer period.

A minimum total job fee of $350 (or as otherwise applicable to the Referral Fee Offer period and determined at the sole discretion of Tanngo) 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 during any Referral Fee Offer period. 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, during an applicable Referral Fee Offer period.

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 when the Referral Fee Offer period applies.

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. An adviser can also choose at their discretion to send a job to more than one contractor on a Direct Access Panel with each contractor given the opportunity to quote, or to send to more than one contractor but dictate that that it is a fixed fee job and the first contractor to accept the fixed fee job will be the successful contractor.

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.

Advisers engaging you outside the Tanngo Platform

Except as set out in this clause, you must not accept work from an adviser you have met through the Tanngo Platform outside the Tanngo Platform.

Once you have worked for an adviser through the Tanngo Platform for a period or periods totalling at least 6 months, that adviser may engage you directly, outside the Tanngo Platform, provided the adviser has paid us a transfer fee. This clause applies for 12 months after your last engagement with that adviser through the Tanngo Platform.

If an adviser approaches you about working directly, you must notify us in writing before agreeing to anything, and you must not commence work for that adviser outside the Tanngo Platform until we confirm the transfer fee has been paid.

The transfer fee is payable by the adviser, not by you. Nothing in this clause restricts your ability to work for any other person, or to work for that adviser through the Tanngo Platform.

If you commence work for an adviser outside the Tanngo Platform without notifying us, you are in breach of these Terms and we may suspend or cancel your account.

Long Term Contracts

In addition to individual jobs posted on the marketplace, the Tanngo Platform supports ongoing engagements between you and an adviser (Long Term Contracts).

A Long Term Contract is formed when you and the adviser each accept the contract terms through the Tanngo Platform. The contract is between you and the adviser. We are not a party to it.

Your rate is stated in the contract inclusive of GST. The adviser separately pays us a booking fee, which is additional to your rate and is not deducted from it.

You must record all hours worked using the Tanngo Platform. The adviser reviews and approves your time entries each week. Payment is processed once time entries are approved, ordinarily within 2 to 3 business days.

Changes to a Long Term Contract must be agreed by both parties through the Tanngo Platform. A change to your rate requires a new contract to be raised and accepted by both parties.

If the adviser does ot approve or reject your time entries within 7 business days of submission, they will be treated as approved.

Confidentiality and contractor 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 and also provides standard or general terms of contracting between you and the adviser/s 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 Agreements section of the Settings Area in 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, other than as permitted under the Advisers engaging you outside the Tanngo Platform clause; 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.

Template Documents

The Platform may make available contract templates, schedules, forms, guidance notes or other standard documents (Template Documents) for use by Advisers, contractors and other users.
The Template Documents are provided for general administrative convenience only. They are not prepared for any user’s specific circumstances and do not constitute legal, tax, financial, employment, regulatory or other professional advice.
The Platform Provider does not warrant or represent that any Template Document:

is suitable, complete or appropriate for any particular user, engagement, transaction or purpose;

complies with all laws, regulations, licensing requirements, employment obligations, contractor classification requirements, tax obligations or industry requirements applicable to a user or engagement;
will achieve any intended legal, commercial, tax, regulatory or operational outcome; or
will be enforceable in any particular circumstances.

Each Adviser and contractor is solely responsible for:

deciding whether to use, amend or rely on any Template Document;

ensuring that any Template Document is suitable for their circumstances and the relevant engagement;

completing all schedules, work orders and commercial terms accurately;
complying with all applicable laws and regulatory obligations; and
the legal and commercial consequences of entering into any agreement or arrangement based on a Template Document.

The Platform Provider is not a party to any agreement formed between an Adviser and a contractor using a Template Document, unless the Platform Provider is expressly named as a party to that agreement.
To the maximum extent permitted by law, the Platform Provider excludes all liability arising out of or in connection with the provision, use, amendment, completion, execution, enforceability, interpretation or reliance on any Template Document, including any liability for loss, damage, claim, dispute, cost, expense, regulatory issue, employment classification issue, tax consequence or failure of a Template Document to be suitable or effective for a particular purpose.
Nothing in this clause excludes, restricts or modifies any consumer guarantee, statutory guarantee or other right under applicable law that cannot lawfully be excluded, restricted or modified. Where liability cannot be excluded but can be limited, the Platform Provider’s liability is limited to the maximum extent permitted by law.

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 using the Tanngo Support Message chat and informally outlining the issues you have. We will also take reasonable steps to resolve this dispute informally. You can also raise a dispute for a particular job concern, by selecting ‘Raise a Query’ in the Job Details page.

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.

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.

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

We do not act as agent for you or any contractor, except:

(a) in our capacity to hold fees payable pending completion of a particular job or approval of time entries under a Long Term Contract; and

(b) in our capacity to prepare and issue recipient created tax invoices on your behalf in accordance with the Invoicing and Tax Documents clause below.

Except as set out above, no user of the Tanngo Platform will be classed as an employee, sub-contractor or agent of us in any capacity.

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 can also 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.

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 on the specific job request. Your answers to such requests and questions are also posted on the job request to be viewed by the relevant quoting contractor. Tanngo may also provide functionality for a private discussion between you and a single contractor.

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 total shown is the amount payable by you. It comprises the contractor’s fee and our booking fee, each inclusive of GST and each shown separately before you accept.

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 assumptions for Projections, Superannuation Statements, Policy Documents, Templates and all client-specific documents. If you have subscribed to Tanngo’s premium service option, then you will have the option to make specific documents ‘view only’ such that they cannot be downloaded by the contractor to their computer. You must actively select the ‘view option’ in the Tanngo Platform and be subscribed to the premium service option.

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 up to 25% of every fee accepted by an adviser, as negotiated between Tanngo and the adviser. The booking fee is inclusive of GST.

The amount you accept is the total payable, which comprises the contractor’s fee inclusive of GST and our booking fee inclusive of GST, each shown separately before you accept. 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.

The amount you accept is the total payable, which comprises the contractor’s fee inclusive of GST and our booking fee inclusive of GST. The breakdown of the two amounts is shown on the tax documents you receive for each payment. 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.

Invoicing and Tax Documents

You warrant that you hold a valid ABN and are registered for GST, and that you will remain registered for GST for as long as you hold an account on the Tanngo Platform. You must notify us in writing immediately if you cease to be registered for GST or your ABN changes.

You agree that these terms form a recipient created tax invoice agreement between you and each contractor you engage through the Tanngo Platform, and that with each such contractor:

(a) you may issue a recipient created tax invoice (RCTI) for the services the contractor supplies to you through the Tanngo Platform;

(b) the contractor will not issue a tax invoice for any supply covered by an RCTI issued under this clause;

(c) you and the contractor are each registered for GST at the time the RCTI is issued, and each of you must notify the other and us immediately if you cease to be registered;

(d) the value of each taxable supply is determined by you after the supply is made, by your confirmation that a job is complete or your approval of the contractor’s time entries;

(e) the RCTI will be issued to the contractor within 28 days of that determination; and

(f) the RCTI will not be issued, the issuing of RCTIs will stop, if any requirement for issuing recipient created tax invoices under the GST law is no longer met.

You appoint us as your agent to prepare and issue recipient created tax invoices on your behalf in accordance with this clause. This appointment is limited to that purpose.

We will issue you with a separate tax invoice for our booking fee, which is a supply made by us to you and is separate from the services supplied to you by the contractor.

For each payment, we will make available to you a single document containing both the RCTI for the contractor’s supply and our tax invoice for the booking fee. Each forms a separate tax document and each may be used to support an input tax credit claim for the amount shown on it. You are responsible for retaining copies for the period required by law.

Funds held

Amounts paid by you for a contractor’s fee, whether for a job or under a Long Term Contract, are held by us on account for the contractor pending completion of the job or approval of time entries. Those amounts are not our property and are not consideration for any supply made by us to you.

Our consideration for providing the Tanngo Platform is the 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 (“Additional Fee”). The Additional Fee is at the contractor’s discretion and must be accepted by you prior to the contractor continuing with the job.

If an Additional Fee is accepted by you, you must make payment of the Additional Fee upon acceptance, and such Additional will be held by us on account for the contractor (see the Funds held clause) with the original fee paid until the job is completed.

If you wish to dispute the imposition or amount of an Additional 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. Tanngo may, but is not required to, provide you with the option or functionality to set your own permanent deletion timeframe from between one (1) day after job completion up to three (3) months. For audit and compliance purposes, some records – such as job activity and system logs – may be retained by Tanngo.

Overdue jobs

If a job has been accepted and a job is not delivered by the contractor by the agreed due date, without any communication and at the fault of the contractor, then the contractor will have this marked against their profile. If a new due date is agreed, this must be reflected in the Tanngo job by you changing the agreed due date by editing the job.

An overdue job is a job that has not been ‘Marked ready for Review’ by the 11.59pm on the due date.

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 may attract a cancellation fee of up to 20% of the contractor’s fee paid for that job.

Tanngo will review the circumstances of a cancellation and determine in Tanngo’s sole discretion, acting reasonably, if a cancellation fee is payable.

If Tanngo determines a cancellation fee is payable, the cancellation fee is payable immediately by you 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 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.

You can also choose at your discretion to send a job to more than one contractor on a Direct Access Panel with each contractor given the opportunity to quote, or to send to more than one contractor but dictate that that it is a fixed fee job and the first contractor to accept the fixed fee job will be the successful contractor.

If a contractor to whom you have exclusively sent a job 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.

Engaging a contractor outside the Tanngo Platform

Except as set out in this clause, you must not engage a contractor you have met through the Tanngo Platform outside the Tanngo Platform. This clause sets out the only circumstances in which a direct engagement is permitted.

Contractors are sourced, verified and made available to you through the Tanngo Platform. Our booking fee is our only consideration for that work, and it is earned over the course of an engagement rather than at the point a contractor is introduced to you.

Once a contractor has worked for you through the Tanngo Platform for a period or periods totalling at least 6 months, you may engage that contractor directly, outside the Tanngo Platform, on payment to us of a transfer fee.

(a) Contractors engaged under a Long Term Contract. The transfer fee is $4,000 including GST.

(b) All other contractors. The transfer fee is $4,000 including GST, less the total booking fees you have paid to us on jobs completed by that contractor for you. The transfer fee payable under this paragraph will not be less than $2,000 including GST.

This clause applies to any contractor who has quoted on, been sent, or performed a job for you through the Tanngo Platform, or who has been engaged by you under a Long Term Contract, or who has been on your Direct Access Panel, at any time in the 12 months before the direct engagement begins.

The transfer fee is payable before the contractor commences work for you outside the Tanngo Platform. We will issue you with a tax invoice. You must notify us in writing before making any arrangement to engage a contractor directly.

This clause gives you the option to engage a contractor directly on payment of the transfer fee. It is not a restriction on the contractor and does not prevent the contractor from working for any other person.

If you engage a contractor directly without paying the transfer fee, or before the 6 month period has been reached, you are in breach of these Terms and we may suspend or cancel your account in accordance with the Your Responsibilities clause.

Long Term Contracts

In addition to individual jobs posted on the marketplace, the Tanngo Platform supports ongoing engagements between you and a contractor (Long Term Contracts).

A Long Term Contract is formed when you and a contractor each accept the contract terms through the Tanngo Platform. The contract is between you and the contractor. We are not a party to it.

The contractor’s rate is stated in the contract inclusive of GST. Our booking fee is additional to the contractor’s rate and is payable by you to us.

For each weekly period, the contractor records the hours worked using the Tanngo Platform. You must review and approve those time entries. Your approval of a time entry is your determination of the value of the services supplied to you for that period.

Once time entries are approved, we will process payment of the contractor’s rate to the contractor and retain our booking fee. Payments are ordinarily processed within 2 to 3 business days of approval.

If you do not approve or reject time entries within 7 business days of submission, they will be treated as approved.

Changes to a Long Term Contract must be agreed by both parties through the Tanngo Platform. A change to the contractor’s rate requires a new contract to be raised and accepted by both parties.

Either party may end a Long Term Contract in accordance with the contract terms agreed between you and the contractor. We will process payment for all approved time entries up to the date the contract ends.

Confidentiality and contractor 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.

Tanngo provides a general Confidentiality Agreement template to use and also provides standard or general terms of contracting between you and the contractor/s. 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 Settings>Agreements 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, 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 other than as permitted under the Engaging a contractor outside the Tanngo Platform clause; 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

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.

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.

Template Documents

The Platform may make available contract templates, schedules, forms, guidance notes or other standard documents (Template Documents) for use by advisers, contractors and other users.
The Template Documents are provided for general administrative convenience only. They are not prepared for any user’s specific circumstances and do not constitute legal, tax, financial, employment, regulatory or other professional advice.
The Platform Provider does not warrant or represent that any Template Document:

is suitable, complete or appropriate for any particular user, engagement, transaction or purpose;

complies with all laws, regulations, licensing requirements, employment obligations, contractor classification requirements, tax obligations or industry requirements applicable to a user or engagement;

will achieve any intended legal, commercial, tax, regulatory or operational outcome; or

will be enforceable in any particular circumstances.

Each adviser and contractor is solely responsible for:

deciding whether to use, amend or rely on any Template Document;

ensuring that any Template Document is suitable for their circumstances and the relevant engagement;

completing all schedules, work orders and commercial terms accurately;

complying with all applicable laws and regulatory obligations; and

the legal and commercial consequences of entering into any agreement or arrangement based on a Template Document.

The Platform Provider is not a party to any agreement formed between an Adviser and a contractor using a Template Document, unless the Platform Provider is expressly named as a party to that agreement.
To the maximum extent permitted by law, the Platform Provider excludes all liability arising out of or in connection with the provision, use, amendment, completion, execution, enforceability, interpretation or reliance on any Template Document, including any liability for loss, damage, claim, dispute, cost, expense, regulatory issue, employment classification issue, tax consequence or failure of a Template Document to be suitable or effective for a particular purpose.
Nothing in this clause excludes, restricts or modifies any consumer guarantee, statutory guarantee or other right under applicable law that cannot lawfully be excluded, restricted or modified. Where liability cannot be excluded but can be limited, the Platform Provider’s liability is limited to the maximum extent permitted by law.

Limitation of Our Liability

Resolving Disputes

(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.

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