Terms and Conditions

EVA FINANCIAL SOLUTIONS (“THE COMPANY”) WEBSITE TERMS OF SERVICE

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE OF THE WEBSITE, WHETHER AS A USER (WHICH INCORPORATES A BROWSER) (“USER”, “YOU” OR “YOUR”), INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO YOU UNLESS THE SECTION EXPRESSLY STATES OTHERWISE. THESE TERMS SHALL OPERATE IN ADDITION TO ANY OTHER SPECIFIC TERMS THAT MIGHT APPLY TO A USER. IF THERE IS A CONFLICT BETWEEN THESE TERMS AND MORE SPECIFIC TERMS APPLICABLE TO A USER, THE MORE SPECIFIC TERMS SHALL PREVAIL TO THE EXTENT OF SUCH INCONSISTENCY.

1. Introduction

 

1.1. These Terms will apply fully and affect a User’s use of the website (“the Website”). By using this Website, a User agrees to accept the Terms contained herein in full.

1.2. Should a User not agree to the Terms contained herein, the User must immediately desist from using this Website.

1.3. Minors are not allowed to use this Website.

2. Intellectual Property Rights

 

2.1. The Company and/or the Company’s licensors own all intellectual property rights and materials contained on this Website.

2.2. A User is granted a limited license only for purposes of utilizing this Website.

2.3. Certain areas of this Website are restricted from being accessed by a User, and the Company may further restrict access to any areas of this Website at any time, in its sole discretion. Any user ID and password a User may have for this Website are confidential, and a User must maintain confidentiality.

3. A User’s Content

 

3.1. In these Terms, “User’s Content” refers to any audio, video, text, images, or other material a User chooses to display on this Website. By displaying a User’s Content, the User grants the Company a non-exclusive, worldwide, irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.

3.2. A User’s Content must be original and must not infringe any third-party rights. The Company reserves the right to remove any of a User’s Content from this Website at any time, without notice.

4. Personal Information

4.1. We may acquire sensitive information concerning your business or personal affairs in the course of delivering the services (“confidential information”).

4.2. The Company will not disclose or make available to any third party, directly or indirectly, any of a User’s personal information, except where the Company has such a User’s permission, where the personal information is already in the public domain (through no breach of these Terms), or if legally compelled to do so.

4.3. This clause shall not apply where confidential information enters the public domain or where we may be required to disclose it to our insurers, legal advisers, or under legal compulsion, e.g., disclosure to the South African Revenue Service or a Court of Law of the Republic.

5. Services

 

The services to be delivered by us are covered in a separately issued engagement letter. We are committed to providing you at all times with the highest quality of services to meet your needs. If at any time you believe that our services could be improved or if you are dissatisfied with any aspect, we encourage you to raise the matter immediately with the director responsible for the engagement or the director in charge of the office.

5.1 Services Contract:

The standard terms and conditions and the engagement letter, together with any documents or other terms applicable to the services (“additional terms”) specified in the engagement letter, apply.

5.2 Governing Law:

The engagement will be governed by and interpreted in accordance with the laws of South Africa. Dispute resolution proceedings, including any litigation, will take place in South Africa.

5.3 Service Delivery:

We aim to ensure that our service is satisfactory and delivered with reasonable skill and care. If you wish to discuss any concerns about the service, contact the director named in the engagement letter.

5.4 Advices and Opinions:

Interim or draft advice may be given, but only final written advice should be relied upon unless otherwise agreed. If oral advice or presentations are needed, written confirmation must be provided.

6. Service Fees

6.1. Our fees are based on the degree of skill, responsibility, and time required. Hourly rates vary according to task complexity, responsibility, and the experience required.

6.2. The fees provided are estimates and may vary, particularly if deadlines or information delays affect the work. Payment must be made without the right of set-off upon the presentation of the invoice.

6.3. Invoices may be issued at regular intervals, such as when specific work is completed or on an interim basis. Some services may require upfront payment.

6.4. The Company reserves the right to cease services where payment is overdue. Compound interest may be charged on outstanding amounts after thirty days at the Investec bank prime overdraft rate plus 3%.

6.5. You will be liable for any legal fees incurred in recovering unpaid amounts, on an attorney and own client scale.

6.6. Costs related to legal matters arising from our engagement, such as subpoenas or testimony, will be billed separately.

7. Third Party Rights

 

The service contract will not create any third-party rights.

7.1. You agree to indemnify The Company against any loss, damage, expense, or liability arising from your breach of obligations under the service contract or claims from third parties related to your breach.

8. eFiling Mandate

 

You authorize Eva Financial Solutions Chartered Accountants and Tax Practitioners Pty Ltd to use the SARS eFiling services on your behalf by signing the engagement letter.

9. Responsibility for Information

 

9.1. You are responsible for the accuracy of information provided for tax returns or other submissions. You must maintain documents and records for at least five years after submission.

9.2. All tax returns are subject to examination by SARS, and you may be required to produce supporting evidence.

10. Severability

If any provision of these Terms is found to be invalid, the remainder of the Terms will continue in effect.

11. Variation of Terms

 

The Company may revise these Terms at any time, and revisions will take effect when posted on the Website. Your continued use of the Website constitutes acceptance of the revised Terms.

12. Assignment

The Company may assign or transfer its rights and obligations under these Terms without notice. However, a User may not assign or transfer their rights without prior written consent from The Company.

13. Entire Agreement

 

These Terms constitute the entire agreement regarding a User’s use of the Website unless a more specific agreement exists. The agreement will be governed by South African law.

14. Use and Distribution of Information

14.1. Neither party will disclose proprietary or confidential information without prior written consent, except as required by law.

14.2. Reports and documents provided are confidential and exclusively for the client’s use. They cannot be shared without written consent, except under court orders or subpoenas.

15. Termination

 

Each party may terminate the contract with 30 days’ written notice. Upon termination, all property must be returned, and fees for work done will become payable.

What Personal Data We Collect and Why We Collect It

 

  • Comments: Data in the comment form, along with your IP address and browser agent string, may be collected to help detect spam.
  • Media: Avoid uploading images with embedded location data (EXIF GPS), as this information may be accessible to visitors.
  • Contact Forms and Cookies: We store certain user preferences in cookies to improve user experience.

Embedded Content

 

Articles may include embedded content from other websites. These websites may collect data, use cookies, and monitor your interaction with their content.

How Long We Retain Your Data

 

We retain comments and metadata indefinitely. Registered users can view, edit, or delete their personal information, except their username. Website administrators can also access this information.

How We Handle Your Data

 

Visitor comments may be reviewed and processed through an automated spam detection service to ensure security and prevent malicious activity.