EVA FINANCIAL SOLUTIONS (“THE COMPANY”) WEBSITE TERMS OF SERVICE THESE
TERMS OF SERVICE (“TERMS”)
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE OF THE WEBSITE WHETHER AS A USER (WHICH INCORPORATES A BROWSER) (“A 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 MORE SPECIFIC TERMS THAT MIGHT APPLY TO A USER. IF THERE EXISTS A CONFLICT BETWEEN THESE TERMS AND THE MORE SPECIFIC TERMS APPLICABLE TO A USER, THE MORE SPECIFIC TERMS SHALL PREVAIL TO THE EXTENT OF SUCH INCONSISTENCY.
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, a 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 the intellectual property rights and materials as are contained on this Website.
2.2. A User is granted a limited license only for purposes of utilising this Website.
2.3. Certain areas of this Website are restricted from being accessed by a User, and the Company may further restrict access by a User to any areas of this Website, at any time, in its absolute discretion. Any user ID and password a User may have for this Website are confidential and a User must maintain confidentiality as well.
4. A User’s Content
4.1. In these Terms, “a User’s Content” shall mean any audio, video text, images or other material a User may choose to display on this Website, if applicable. By displaying a User’s Content, a User grants the Company non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
4.2. A User’s Content must be a User’s own and must not be invading any third party’s rights.The Company reserves the right to remove any of a User’s Content from this Website at any time without notice.
5. Personal Information
5.1. We may acquire sensitive information concerning your business or personal affairs in the course of delivering the services (“confidential information”).
5.2 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.
5.3 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.
The services to be delivered by us are covered in a separately issued engagement letter. We are committed to provide 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 thereof, we request you to raise the matter immediately with the director responsible for this engagement or with the director in charge of this office. In this way we will ensure that your concerns are dealt with properly and promptly.
6.1 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 an engagement letter, as well as any documents or other terms applicable to the services to which specific contractual reference is made in the engagement letter.
The engagement will be governed and interpreted in accordance with the laws of South Africa. Dispute resolution proceedings, including any litigation will take place in South Africa.
6.3 Service delivery:
We will seek to ensure that our service is satisfactory at all times and delivered with reasonable skill and care. If at any time you would like to discuss with us how the service can be improved,you are invited to telephone the partner/director identified in the engagement letter,
6.4 Advices and opinions:
Prior to completion of the services we may supply oral, draft or interim advice or reports or presentations, but in such circumstances our written advice or our final written report shall take precedence. No reliance should be placed by you on any draft or interim advice or report or any draft or interim presentation. Where you wish to rely on oral advice or, on an oral presentation made on completion of the services, you must inform us and we will supply documentary confirmation of the advice concerned.
6.5 We will not be under any obligation in any circumstances to update any advice, report or any product of the services, oral or written, for events occurring after the advice, report or product concerned has been issued in final form, unless otherwise specifically agreed upon by mutual consent by you and us.
6.6 Any advice, opinion, statement of expectation, forecast or recommendation supplied by us as part of the services will not amount to any form of guarantee or warranty that we have determined or predicted future events or circumstances.
7 Service fees:
We will render invoices in respect of the services comprising fees, disbursements and VAT thereon (where appropriate), together with any other foreign taxes (if applicable) that might be payable thereon (“fees”). Details of our fees and any special payment terms will be set out in the engagement letter.
7.1 Our fees are based upon the degree of skill and responsibility involved and the time required by the staff assigned to the engagement and the nature of the work. Individual hourly rates vary according to the degree of the responsibility and task complexity involved and the experience and skills required. Certain tasks are subject to a minimum fee structure.
7.2 The fees may differ from estimates that may have been supplied, which estimates will be provisional only. Stringent reporting requirements or deadlines imposed by you might require work to be carried out at a higher level than usual or outside normal working hours. This may result in increased costs. Additional fees may also result from material changes in the services or from difficulties in obtaining information, which could not reasonably have been foreseen.
7.3 In return for the delivery of the services by us, you will be required to pay our fees, without any right of set-off, on presentation of our invoice.
7.4 Invoices for services rendered will be issued on a regular basis as the work is conducted, e.g. when a return is submitted or a particular item of work is completed or on an interim basis as the work progresses where we consider this to be more appropriate. In Some instances payment for services may be required upfront.
7.5 We will be entitled to ceasing all services where payment has not been made for services outside the normal payment terms. Additionally, we will be entitled to charge compound interest equal the Investec bank prime overdraft rate plus 3% on all amounts outstanding, for whatsoever reason, longer than thirty days from the date reflected on our invoice. Such interest will be calculated on a monthly basis.
7.6 You will be liable for any and all legal expenses and/ordisbursements (all on an attorney and own client scale) incurred and/or expended by the company in recovering any amount due by you to the company arising and/or resulting from any work performed in terms of the services contract letter and/or the work undertaken, or to be undertaken, by the Company.
7.7 Costs and time spent in legal matters or proceedings arising from our engagement, such as subpoenas, testimony, or consultation involving private litigation, arbitration or government regulatory enquiries at your request or by subpoena will be billed for separately.
7.8 Our fees will be charged inclusive of all applicable (where appropriate) taxes as required by the Laws of the Republic.
8 Third party rights
The services contract will not create or give rise to, nor will it be intended to create or give rise to, any third party rights
8.1 You will indemnify The Company and any Company’s persons and their associate entities and hold them harmless against any loss, damage, expense or liability incurred by the parties and/or persons as a result of, arising from, or in connection with a combination of the following two circumstances:
• Any breach by you of your obligations under the services contract.
• Any claim made by a third party or any other beneficiaries which results from or arises from or is connected with any such breach.
9. eFiling mandate:
eFiling is an electronic tax return and submission service provided by SARS that removes certain of the risks and inefficiencies of manual tax returns. Eva Financial Solutions Chartered Accountants and Tax Practitioners Pty Ltd has made the necessary investment to ensure its systems have the required infrastructure and technology to apply the eFiling facility in respect of the submission of tax returns. The engagement letter, when signed, gives Eva Financial Solutions Chartered Accountants and Tax Practitioners Pty Ltd authorization to utilise the eFiling services on the company’s behalf. It further assumes that you have familiarized yourself with the terms and conditions of SARS eFiling, available on their website at “www.sars.gov.za”:www.sars.gov.za, and have accepted such terms and conditions.
10. Responsibility for information:
10.1 You acknowledge that you are responsible for the accuracy and completeness of the information supplied to us, where we file your tax returns. It is not our responsibility to ensure that you provide all relevant information to SARS. Whilst we will take every care to ensure that this information is properly processed, in agreeing to assist you in this manner we do not assume any responsibility for the accuracy, correctness or completeness of the information you provide to us, including third party information.
10.2 You undertake to maintain and keep the necessary documents and vouchers in support of your tax affairs for a period of at least five years after submission of the relevant tax returns. You will also advise us of any changes regarding your tax affairs and/or any information provided to us.
10.3 All tax returns are subject to examination by SARS. In the course of such examination, the taxpayer may be requested to produce documents, records and/or other evidence to substantiate, for example, the items of income and expenditure disclosed in the income tax return.
11 Consultancy and Other Tax Related Advisory Services:
11.1 We shall be pleased to advise you on taxation or any other matter that you specifically refer to us. Such matters might include, inter alia, income tax, capital gains tax, the implications of any particular business transaction, international taxation or any matters relating to taxation.
11.2 You will appreciate that tax planning and advice is based on interpretation of the relevant laws, court judgements and experience with SARS and cannot always be conclusive. Conclusions reached and views expressed are based on our interpretation of, but not limited to, the laws, court judgements, tax practice or interpretation notes and are therefore often matters of opinion rather than of certainty.
11.3 Taxation laws and practice are amended and change from time to time. Unless specifically instructed by you in writing, we will not be responsible for the implementation or ongoing monitoring of the continued validity of any advice given, or the ongoing monitoring of any tax structures or arrangements that we may have advised on previously.
12.1. If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
13 Variation of Terms
13.1 To the extent permitted by law, the Company is permitted to revise these Terms at any time as it sees fit, without prior notice to Users, and any revisions to the Terms will take effect when posted on this Website, unless a later date is stated in the revised Terms. A User’s continued use of this Website will be construed as a User’s consent to the amended or updated Terms, and will be conditional upon the Terms in force at the time of use. A User’s only remedy, should such User not agree to these amended Terms, is to stop the use of this Website
14.1 The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, a User is not not allowed to assign, transfer, or subcontract any of its rights and/or obligations under these Terms.
15 Entire Agreement and Acknowledgment of Terms of Engagement
15.1 These Terms constitute the entire agreement between the Company and a User in relation to a User’s use of this Website (unless a more specific agreement has been entered into in this regard).
15.2 The terms of this agreement will be governed by South African law and subject to the exclusive jurisdiction of the South African Courts. If the contents are not in accordance with your understanding of our engagement terms we would be pleased to discuss the matter further with you.
16. Use and distribution of information and written documents
16.1 It is agreed that neither The Company nor yourself will disclose to any third party, without the prior written consent of The Company or yourself, any proprietary or confidential information which is received from the other party for the purpose of providing or receiving services in terms of this services contract. It is agreed that any such information received from the other party shall be used only for the purposes of providing or receiving services in terms of this services contract and any such information shall be held in the strictest confidence. To the extent appropriate and as required by you, we shall observe the privilege rules applicable to our directors/partners or employees.
16.2 Reports, opinions, memoranda and documents issued by The Company are confidential and prepared exclusively for the client’s use and exclusively for the purposes set out therein. It may not be referred to in any other document, nor made available or copied in whole or in part to any other party without our prior express written consent, which consent may be given or withheld at our absolute discretion. Copies may be made available to your advisors provided that the information is to be used by them solely for the purposes stated therein and provided that they are made aware of the terms of this paragraph. This limitation will obviously not apply to the provision of this report in compliance with any order of court, subpoena or other judicially enforceable document
Each of us may terminate the services contract or suspend its operation by giving thirty days’ notice in writing to the other at any time, or as otherwise agreed between us. Termination or suspension under this clause shall be without prejudice to any rights that may have accrued to either of us before termination or suspension, and all sums due to us shall become payable in full when termination or suspension takes effect. We will be entitled to raise a fee note upon receipt of such notification for an amount adequate to cover all work done to date and not yet billed, including disbursements incurred. On termination each of us, on request, will return any property belonging to the other that it has in its possession. We may retain one copy of any documentation upon which the services are based to enable us to maintain a professional record of our involvement.
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