Terms and Conditions for Tax Filing and Related Services
Effective Date: November 24, 2024
Introduction
1.1. Welcome and Party Definitions
Welcome to Gondaliya CPA (“we,” “our,” or “us”), your trusted partner for bookkeeping, corporate tax, and accounting solutions. We are located in Toronto, Canada, specializing in business clients exclusively, and offering a range of services (“Services”), including but not limited to:
Bookkeeping
Tax preparation and filing
Financial advisory
Other related accounting and financial services
1.2. By engaging our Services, you (“Client” or “you”) agree to these Terms and Conditions (“Terms”). If you do not agree, please refrain from using our Services.
1.3. Scope of Representation and Authorization for ALL Years
1.3.1. You expressly and irrevocably authorize Gondaliya CPA to act on your behalf for all tax years, past, current, or future, and for any matters relating to our Services. This includes, but is not limited to, the following tasks (“Authorized Tasks”):
Preparing, reviewing, and filing all tax returns and amendments
Communicating with tax authorities and government agencies
Requesting, receiving, and reviewing financial records from third parties
Preparing and filing corporate documents
Advising on structuring, mergers, acquisitions, or other business reorganizations
Contacting financial institutions, vendors, suppliers, and other relevant third parties related to tax or accounting matters
Handling audits, inquiries, or legal proceedings initiated by tax authorities or other governmental bodies
Signing documents on your behalf where legally permissible
Conducting all ancillary tasks needed to fulfill our bookkeeping, tax preparation, and accounting Services
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1.3.2. You acknowledge that Gondaliya CPA may, at its sole discretion, use third-party tools, software, and resources to complete these tasks.
1.4. Waiver of All Responsibility
By using or continuing to use our Services, you agree that our responsibility for any claims, damages, or liabilities is strictly limited to the amount of fees you have paid us for the specific Services related to the specific tax year or matter in question, and that you waive all other potential claims to the maximum extent permitted by law.
Data Collection and Usage
2.1. Data Collection
We collect information that you voluntarily provide to us, which may include personal, financial, and tax-related details. This information is collected solely for the purpose of delivering the Services.
2.2. Data Usage
We use your data exclusively to perform the Services you have engaged us for, such as tax filing, bookkeeping, financial planning, or other related activities.
2.3. Third-Party Tools, Software, and Global Workforce
2.3.1. We utilize multiple third-party tools, software, database storage solutions, and cloud services to process, store, and manage your data. These may be located anywhere in the world.
2.3.2. We may engage staff, contractors, or subcontractors who could be located or operating in various jurisdictions globally, potentially including but not limited to Canada, the United States, India, or other regions.
2.3.3. While we endeavor to select reliable and reputable third-party tools, we do not guarantee their error-free operation, nor compliance with any specific data protection laws, nor uninterrupted availability.
2.4. Limited Data Security Commitment
2.4.1. We take commercially reasonable measures to protect and secure your data.
2.4.2. However, no specific commitments are made regarding compliance with laws like the Personal Information Protection and Electronic Documents Act (PIPEDA), the Digital Personal Data Protection Act, 2023 (DPDP Act), the General Data Protection Regulation (GDPR), or other data protection regulations, unless explicitly stated in writing.
2.4.3. By using our Services, you explicitly acknowledge and accept these limitations and agree to hold us harmless from any liability or damages arising from the acts or omissions of third-party providers, staff, contractors, or any external services used.
Client Responsibilities
3.1. Accurate and Complete Information
3.1.1. You are solely responsible for providing accurate, complete, and timely information necessary for the performance of our Services.
3.1.2. If you fail to provide timely or accurate information, or if the information you provide is incomplete or misleading, you assume full liability for any resulting errors, delays, penalties, or financial losses.
3.2. Responsibility for Outcomes
Any penalties, delays, financial losses, additional fees, or legal consequences (including but not limited to tax authority investigations or penalties) resulting from the inaccuracy or incompleteness of the data you provide shall be borne solely by you.
Confidentiality and Data Security
4.1. Reasonable Efforts
We apply commercially reasonable practices to protect your data from unauthorized access.
4.2. No Guarantee of Data Security
4.2.1. We expressly disclaim any liability for data breaches, unauthorized access, hacking incidents, or any other security intrusions involving our systems or the systems of our third-party providers.
4.2.2. You acknowledge that no method of data transmission or storage can be guaranteed to be 100% secure, and you agree not to hold us liable for any data breaches or losses of data.
Service Provider Liability
5.1. Absolute Waiver and Limited Liability
5.1.1. Waiver of All Responsibility: To the fullest extent permitted by law, you waive all claims against us for any losses, damages, liabilities, or any other causes of action beyond the total amount of fees paid to us for the specific Service(s) related to the dispute. This waiver applies to all tax years or matters for which you have engaged our Services.
5.1.2. Exclusion of Other Remedies: You waive any and all other potential or implied remedies under contract, tort (including negligence), strict liability, or any other legal theory.
5.2. Exclusion of Indirect Damages
Under no circumstances will we be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to:
Lost profits or revenues
Penalties or fines imposed by tax authorities
Lost business opportunities
Reputational harm
Any other financial or non-financial losses or damages
5.3. Waiver of Liability for Global Staff, Contractors, and Third-Party Tools
5.3.1. We utilize personnel, contractors, or third-party entities operating in various jurisdictions worldwide.
5.3.2. We expressly disclaim any liability for the acts, omissions, errors, or misconduct of these global staff, contractors, or any third-party tools, software, or services used to deliver our Services.
Use of Software and Tools
6.1. We rely on multiple third-party software platforms, data storage systems, and cloud service providers for our operations, located both domestically and internationally.
6.2. We do not guarantee the accuracy, reliability, or availability of any such software or tools.
6.3. We disclaim all liability for any errors, inaccuracies, data corruption, or system malfunctions resulting from these software tools, and you agree not to hold us liable for any resulting losses or damages.
Compliance and Jurisdiction
7.1. Client Compliance Responsibility
7.1.1. You are solely responsible for understanding and complying with tax, accounting, and financial regulations applicable to you or your business.
7.1.2. Our Services do not constitute legal advice, and we do not guarantee compliance with any specific legal requirements unless explicitly stated in a separate agreement.
7.2. Governing Law
7.2.1. These Terms are governed by and construed in accordance with the laws of the jurisdiction where the Services are primarily rendered.
7.2.2. For Canadian clients, the relevant courts in Toronto, Canada shall have exclusive jurisdiction.
7.2.3. For Indian clients, the relevant courts in India shall have exclusive jurisdiction.
Indemnification
8.1. Indemnity by Client
You agree to defend, indemnify, and hold us harmless from any and all claims, penalties, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or in connection with:
Your failure to provide accurate, complete, and timely information.
Your violation of any applicable laws or regulations.
Your use of our Services in violation of these Terms.
8.2. Scope of Indemnification
This indemnification applies to our officers, directors, employees, contractors, affiliates, and agents, irrespective of the jurisdiction where the claim arises.
Termination of Services
9.1. Termination by Either Party
9.1.1. Either party may terminate the Services at any time by providing notice to the other party.
9.1.2. Upon termination, all fees owed for Services rendered up to the date of termination become immediately due.
9.2. Post-Termination Data Handling
9.2.1. We reserve the right, at our sole discretion, to retain, delete, or return your data upon termination.
9.2.2. We are not obligated to maintain or store your data for any specific period after termination unless required by law.
Amendments to Terms
10.1. We reserve the right to modify or amend these Terms at any time, at our sole discretion.
10.2. Any changes become effective immediately upon posting the updated Terms on our website or otherwise notifying you. Your continued use of our Services after such amendments constitutes your acceptance of the revised Terms.
Dispute Resolution
11.1. Informal Resolution
Before initiating any legal action, both parties agree to attempt an informal resolution by notifying the other party in writing of the dispute and entering good-faith discussions for at least 30 days.
11.2. Governing Law and Venue
Any disputes that cannot be resolved informally shall be subject to the laws of the jurisdiction in which the Services are rendered, with venue in the relevant courts of Toronto, Canada, or the corresponding jurisdiction in India, as applicable.
Miscellaneous
12.1. Force Majeure
We are not liable for any delays or failures in performance resulting from events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, civil unrest, labor disputes, technical failures, or changes in law or regulation.
12.2. Communication
12.2.1. We will communicate important updates or notices via the contact details you have provided (e.g., email, phone) or through our official website.
12.2.2. It is your responsibility to keep your contact information current.
12.3. Disclaimer of Warranties
12.3.1. Our Services are provided on an “as-is” and “as-available” basis, without any warranties, whether express or implied.
12.3.2. We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
12.3.3. We do not warrant that our Services will meet your specific requirements, or that they will be uninterrupted, timely, secure, or error-free.
12.4. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
12.5. Entire Agreement
These Terms, together with any supplemental agreements or addenda, represent the entire agreement between you and us concerning the Services and supersede all prior and contemporaneous agreements, understandings, proposals, and representations, whether written or oral.
12.6. Scope of Service
Any service beyond what is specifically described and agreed upon for a particular year or set of years will be charged separately. If you provide additional documents or details, or if your status changes in a way that alters the required filings or Services, you agree that additional fees may apply.
Final Acknowledgment of Absolute Waiver and Limitation of Liability
By using or continuing to use our Services, you expressly acknowledge that you have read, understood, and agreed to be bound by all provisions of these Terms, including but not limited to:
The unlimited authority granted to Gondaliya CPA to act on your behalf for ALL years in all relevant tax, accounting, and financial matters;
The waiver of liability beyond fees paid for the specific Service(s) in dispute;
The indemnification obligations you owe to Gondaliya CPA;
The disclaimers of warranties, the exclusion of indirect damages, and the limited liability provisions; and
The absolute limitation of our responsibility to the total fees actually paid to us.
If you disagree with any part of these Terms, do not use our Services.
Contact Us
Gondaliya CPA
168 Simcoe St Unit 1118, Toronto, ON M5H 4C9
Phone: 647-212-9559
Email: info@gondaliyacpa.ca
Website: gondaliyacpa.ca