Terms of Service

1. Who these Terms apply to

These Terms apply to any person or entity who registers as an employer on ContriPay (“you”, “your”). Contractors who complete the onboarding form at your invitation are subject to a separate privacy collection notice presented to them at that time.

2. What ContriPay does

ContriPay provides the following:

• A secure form for contractors to submit their details, including their tax file number, bank account, and super fund information
• Automatic calculation of the superannuation guarantee contribution at the current superannuation guarantee rate on the ex-GST payment amount you enter
• Submission of contribution data via ContriPay's clearing house provider, SuperChoice Services Pty Limited ABN 78 109 509 739 (“SuperChoice”), an authorised representative of PayClear Services Pty Limited ABN 93 124 852 320 (AFSL 314357), acting as the clearing house
• A recipient-created tax invoice posted to your accounting software for the contractor payment amount (excluding super)

ContriPay does not process payroll, manage employment relationships, or provide advice on whether a superannuation obligation exists for any particular engagement. ContriPay does not provide tax reporting, compliance reporting, or record-keeping services. It is a tool for processing superannuation contributions. Maintaining records of your superannuation obligations and payments is your responsibility.

3. Your responsibilities

3.1 Determining obligations

You are responsible for determining whether a superannuation contribution obligation exists for each engagement. ContriPay does not make that determination on your behalf. If you are uncertain, seek independent legal or tax advice.

3.2 Accuracy of information

You are responsible for the accuracy of all information you enter, including contractor names, payment amounts, job dates, and GST status. ContriPay calculates super based on what you enter.

3.3 Contractor details

You are responsible for ensuring that contractor details submitted through ContriPay are current and accurate. ContriPay is not liable for contributions that fail, are misdirected, or are delayed because of incorrect details provided by you or your contractors, or for any other reason outside ContriPay's control.

Each contractor is responsible for ensuring the details they give ContriPay are correct and stay correct, including any change to their ABN, their GST registration status, their bank account or their super fund. A contractor can ask ContriPay to update their details by emailing hello@contripay.com.au.

3.4 Accounting software connection

You are responsible for maintaining a valid connection between ContriPay and your accounting software. ContriPay requires sufficient user permissions in your accounting software to create contacts and bank account records. If your permissions are insufficient, invoices cannot be posted. ContriPay cannot post invoices if your authorisation lapses. You should reconnect promptly if your access token expires.

3.5 Direct debit of superannuation contributions

You are responsible for completing and maintaining a valid direct debit authorisation with ContriPay's clearing house provider. Contributions will not be processed if your direct debit authority is missing, cancelled, or contains insufficient funds.

3.6 Reconciliation

ContriPay posts the contractor payment amount to your accounting software. SuperChoice processes the contribution separately via direct debit. You are responsible for reconciling the direct debit in your accounting software.

3.7 Record keeping and compliance reporting

ContriPay is not a record-keeping or compliance reporting service. You are responsible for maintaining your own records of superannuation obligations, contributions made, and any ATO reporting requirements. You should not rely on ContriPay as your primary record of superannuation activity. Your accounting software and clearing house records are the authoritative source for reconciliation and compliance purposes.

3.8 Failed contributions

ContriPay does not redirect failed contributions to any other fund. If a contribution cannot be processed, the clearing house refunds it to your nominated refund account and ContriPay tells you the reason. If the contractor can fix the cause by updating their details, ContriPay emails the contractor and asks them to update their details. ContriPay then emails you when they have updated them and their fund has checked the new details. ContriPay does not guarantee that the contractor receives or acts on the email. For any other failure, you are responsible for fixing the cause. In every case you remain responsible for the contribution, for following up with the contractor if they do not update their details, and for resubmitting it. ContriPay never resubmits a contribution for you. A failed contribution does not extend the deadline in clause 3.9.

3.9 Contribution timing and deadlines

Under the Superannuation Guarantee (Administration) Act 1992, you are responsible for ensuring each super contribution is received by the contractor's fund within 7 business days of the payment date, unless a longer period applies under the law. For this deadline, business days are counted as the ATO counts them. A contribution that is rejected or fails does not extend the deadline. ContriPay submits the contribution to the clearing house when you log the job.

The clearing house processes contributions received by 4pm Sydney time (AEST/AEDT) on that business day. Submissions received after 4pm, or on a weekend or national public holiday, are processed on the next business day.

You are responsible for logging jobs in time to meet your superannuation guarantee obligations. ContriPay is not responsible for missed deadlines arising from late job entry, incorrect information supplied by you or your contractors, or any delay outside ContriPay's control.

4. Fees

ContriPay charges a monthly subscription fee of $10.00 GST inclusive. Your subscription includes up to four jobs per calendar month. Additional jobs are charged at $2.50 GST inclusive each.

Fees are billed monthly to the card or bank account you provide at registration, processed by Stripe. You may cancel at any time. Cancellation takes effect at the end of the current billing period and no further fees are charged after that point. If a fee payment fails, we will email you. Clause 10 explains what happens if fees stay unpaid.

We will give you at least 30 days' notice of any fee change.

Fees are separate from superannuation contributions. Contributions go directly to SuperChoice via direct debit and are not co-mingled with ContriPay subscription fees.

5. Sensitive information

5.1 Tax file numbers

ContriPay collects tax file numbers from contractors on your behalf under the authority of the Taxation Administration Act 1953 (Cth) and the ATO's Tax File Number Guidelines. Tax file numbers are encrypted at rest and are used only to submit contributions to SuperChoice.

5.2 Bank account details

Bank account details collected during contractor onboarding are encrypted at rest. ContriPay includes them on the recipient-created tax invoice in your accounting software so you can pay the contractor. You must use them only for that purpose.

5.3 Your accounting software credentials

OAuth tokens issued by your connected accounting software are encrypted at rest and used only to connect to your accounting software on your behalf. ContriPay does not store your accounting software username or password.

5.4 Contractor fund details

To help you resolve member verification problems and rejected contributions, ContriPay shows you the name of the contractor's super fund, the fund's USI (or the fund's ABN for a self managed super fund), the last 2 digits of their member number, and the result of the member verification check sent to the fund. You must use these details only for that purpose.

6. Limits of liability

6.1 Excluded losses

To the extent permitted by law, we exclude all liability for the following:

• Any indirect, consequential, incidental, or special loss or damage
• Loss of revenue, profit, business, goodwill, or anticipated savings
• ATO penalties, superannuation guarantee charges, interest, administration components, or any other regulatory charge or enforcement action arising from late, missed, or incorrect contributions
• Any superannuation guarantee charge or penalty arising from a contribution that is not received by the contractor's fund by the deadline in clause 3.9
• Any loss arising from contributions that fail, are misdirected, or are delayed because of incorrect information provided by you or your contractors, or for any other reason outside ContriPay's control
• Any interruption to, or failure of, SuperChoice, your accounting software provider, or any other third-party service outside our control
• Any loss arising from your failure to maintain accurate records or meet compliance or reporting obligations, which remain your responsibility

6.2 Aggregate liability cap

Subject to clauses 6.3 and 6.4, our total aggregate liability to you for all claims arising from or in connection with your use of ContriPay is limited to the total fees you paid us in the 12 months immediately before the date the claim arose.

6.3 Data incidents

ContriPay is not a record-keeping service. The authoritative records of contributions and payments are held in your accounting records. In the event of loss of or unauthorised access to data held by ContriPay, and subject to clause 6.4, our obligation is limited to:

• Taking reasonable steps to investigate and contain the incident
• Notifying you and, where required by law, affected contractors and the Office of the Australian Information Commissioner
• Providing you with a written summary of what data was affected and the steps taken in response

We will not be liable for any loss arising from a data incident caused by your own acts or omissions, the acts or omissions of a third-party service provider outside our control, or circumstances beyond our reasonable control.

6.4 Carve-outs

The exclusions and cap in clauses 6.1 and 6.2 do not apply to:

• Liability arising from our fraud, wilful misconduct, or gross negligence
• Our obligations under clause 5 to protect sensitive information, including tax file numbers and bank account details, where a breach results from our failure to maintain reasonable security measures
• Any liability that cannot be excluded or limited under the Australian Consumer Law or any other applicable law
• Our obligation under clause 6.6

6.5 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement. To the extent permitted by law, our liability for breach of any non-excludable guarantee is limited to resupplying the relevant service or the cost of having it resupplied.

6.6 ContriPay's failure to submit a contribution

If ContriPay is at fault and fails to submit a contribution that you logged correctly before the cut-off in clause 3.9, while your fees were paid, we will resubmit it as soon as we can. Our total liability for that failure is limited to the amount of any superannuation guarantee charge or penalty the ATO imposes on you because of our failure, other than the unpaid contribution itself, which you remain responsible for paying.

If the failure is caused by incorrect information supplied by you or a contractor, or by a failure of SuperChoice, a fund, your accounting software provider, or any other event outside our control, we are not liable for it.

7. No financial, tax, or compliance advice

ContriPay is a software tool, not a financial services provider. Nothing in ContriPay or these Terms constitutes financial, tax, legal, or compliance advice. ContriPay does not generate tax reports, compliance reports, or records suitable for submission to the ATO or any other authority. You should obtain independent advice if you are uncertain about your obligations.

8. Third-party services

ContriPay integrates with third-party services including SuperChoice, your accounting software provider, Resend, and Stripe. Your use of those services is subject to their own terms and conditions. ContriPay is not responsible for the acts or omissions of any third-party service provider.

Some personal information is transferred to and processed by providers located outside Australia. These providers and the countries involved are:

• SuperChoice and PayClear: Australia only
• Xero Limited: data may be transferred to and processed in New Zealand, the United States, and other countries. See xero.com/au/legal/privacy.
• Resend Inc: United States. Account data, email metadata, and logs are stored in the United States regardless of sending region.
• Stripe LLC: United States and potentially other countries. See stripe.com/privacy.

Each provider maintains safeguards for cross-border data transfers. ContriPay takes reasonable steps to ensure overseas recipients handle personal information consistently with the Australian Privacy Principles.

SuperChoice is an authorised representative of PayClear Services Pty Limited ABN 93 124 852 320 (AFSL 314357). ContriPay is not affiliated with PayClear Services and does not hold an Australian Financial Services Licence.

9. Contractor fund

ContriPay submits contributions to the fund nominated by each contractor. ContriPay does not maintain an employer default fund and does not redirect contributions to any alternative fund if the nominated fund cannot accept a contribution.

If a contribution is rejected or cannot be processed, the clearing house returns the funds to your refund account and clause 3.8 applies.

10. Termination and unpaid fees

You may close your account at any time by contacting us. We may suspend or terminate your access if you breach these Terms or use ContriPay in a way that we reasonably consider unlawful or harmful. We will email you before we do, where we can.

If you do not pay our fees when due, you may not use ContriPay and we will block you from submitting contributions until you pay. We will email you before we do. We will not hold back any contribution you submitted while your fees were paid. While our fees are unpaid you will need to use another service to pay superannuation contributions. You cannot rely on ContriPay to submit or deliver a contribution for any period for which our fees are unpaid.

On termination, we will keep copies of your recipient created tax invoices for 7 years and give you a copy on request. We will retain other data for as long as required by law and then delete it in accordance with our Privacy Policy.

11. Changes to these Terms

We may update these Terms from time to time. We will notify you by email at least 14 days before a material change takes effect. You may cancel at any time, including before a change takes effect, without penalty. Cancellation takes effect as set out in clause 4. A change required by law may take effect sooner. Continued use of ContriPay after the effective date of a change constitutes acceptance of the updated Terms.

If you do not pay our fees, clause 10 applies. You cannot rely on ContriPay to deliver a contribution for any period for which our fees are unpaid.

12. Governing law

These Terms are governed by the laws of New South Wales, Australia. Any dispute that cannot be resolved by agreement will be referred to the courts of New South Wales.

13. Contact