By this agreement, Orb360 AUK Limited [trading as Tax Advisers] agrees to offer the Tax Advisers Q&A service as described at www.taxadvisers.biz (The Service) to each person and email address registered by Tax Advisers as a user (The Customer).
Subscription to The Service will run for 12 months and be automatically renewed for another year at the end of each term unless terminated by The Customer or Tax Advisers via written notice to the other no less than 30 days before the end of the relevant subscription period. Any cancellation made during a subscription period will take effect at the next renewal date.
Tax Advisers will monitor and report on the number of questions you send in. If you reach the maximum number of questions allowed by your subscription, you will be contacted by Tax Advisers and presented with upgrade options. Tax Advisers reserves the right to automatically upgrade your subscription if you knowingly exceed the maximum number of questions allowed by your subscription.
All rights are reserved. No part of The Service covered by copyright may be reproduced or copied in any form or by any means (graphic, electronic or mechanical, including photocopying, recording, taping, or information-retrieval systems) without the written permission of Tax Advisers.
The Customer agrees to pay to Tax Advisers the price payable for The Service within 30 days of the date of Tax Advisers’ invoice. Tax Advisers will suspend access to The Service if payment is not made within 30 days. Tax Advisers will invoice The Customer at the start of each period during which The Service is offered. Tax Advisers is entitled to change the price payable for The Service at the end of each subscription period and will give The Customer notice of any change in the price payable not later than 30 days before the expiry of the then current subscription period.
This agreement comprises a single agreement and The Customer is not entitled to abate or withhold any payment for any reason other than default by Tax Advisers in the performance of its obligations.
Where any portion of the subscription payment due is outstanding more than 30 days after the date of the invoice, Tax Advisers will be entitled to forthwith suspend access to The Service without prejudice to its right to enforce payment of the overdue amount but shall upon payment by The Customer of such unpaid overdue amount restore access to The Service.
Scope of Services
The Q+A Services is $399+GST, gives you 5 simple, non-technical questions that can be answered without doing significant research on a topic without spending maximum one hour of research per month.
It is a monthly service, therefore , unused Q+A will not be carried for the next month.
If further research is required, the client will get a separately engaged to get a formal tax advice.
Limits of service
The purpose of The Service is to provide you with answers to tax-related questions that arise in your employment, business or practice. The service does not replace the need for specialist advice on planning or strategy matters. Nor can we advise you about the correctness of tax positions you have taken or commercial transactions. Therefore, we cannot review specific documents or other detailed attachments. However, where possible, we will set out the relevant legal issues or alternatives for further consideration.
Registration for The Service and payment of the membership fee entitles you to submit questions via the Tax Advisers website. We will use our reasonable endeavours to answer all questions submitted by you which we consider to fit within the above parameters of The Service. However, we reserve the right to decline to answer those questions which we consider to fall outside the scope of The Service (see Sample Questions), with such decision being final and not open for review. However, we will act in good faith and will communicate clearly with you in these instances.
We shall aim to get a final answer to you within three (3) working days. However, we do not promise you that we will be able to meet these targets in all cases, and we take no responsibility and assume no liability to you or anyone else if we are unable to answer your questions within that time period or if we decline to answer your questions at all.
Disclaimer
Every care will be taken in the preparation of answers provided to you directly and in the preparation of general information made available on our website. However, The Service is intended to provide basic guidelines and information based on given fact scenarios and is not intended to constitute accounting, tax, legal, investment, consulting, or other professional advice or service and should not be relied on as such.
Limitation of liability
In the unlikely event that you suffer any loss or damage in connection with the use of The Service, our aggregate liability to you and that of our employees, agents, and contractors (whether in contract or tort, including negligence) on account of all defaults or other breaches arising from the provision of The Service during each subscription period will be limited to the amount that you have paid to us to use The Service during that period.
Privilege
Your questions and our answers provided under The Service do not attract legal professional privilege.
Conflict of interest
The Service is provided on the understanding that we are not liable to you or to any third party for any damage or loss arising from any conflict of interest or potential conflict of interest.
Warranty regarding questions submitted
All of the answers provided under The Service are made on the basis that the information provided by The Customer is complete and accurate and that all material facts have been disclosed. We will rely on the information so provided. In some circumstances, we may request further information before submitting our answer. However, we will not be under any obligation to do so.
Availability
Tax Advisers, its employees, agents, and contractors are not liable for any damages or losses resulting from your inability to use The Service. Because of the nature of the Internet, the site is provided on an “as available” basis and we cannot promise that the site will be uninterrupted or entirely error free. Tax Advisers, its employees, agents, and contractors will not be responsible to you if we are unable to provide The Service for any reason.
Consequential loss
In no circumstances are Tax Advisers, its employees, agents, and contractors liable to you for accidental, indirect, special, or consequential damages whatsoever (including loss of profits) even if we have been advised of, knew, or should have known of the possibility of such loss or damage.
Third parties
While we understand that the answers and information provided by The Service may help you in advising your clients, your use of this information is at your own risk and is not to be forwarded directly to be used or relied on by any third party. Tax Advisers, its employees, agents, and contractors will have no liability to any such third party and you will indemnify us and our employees, agents, and contractors against any such third party claim.
Publication of case studies
We reserve the right to publish in print or electronic format any questions and answers provided in the course of The Service which we believe to be of wider interest to our subscribers. Before publishing such material, we will use our best endeavours to ensure that all identifying factors are removed in order to preserve confidentiality.
General
For the purposes of the Contracts (Privity) Act 1982 and without limiting any other provision of these terms and conditions, the covenants of The Customer contained in these terms and conditions are given for the benefit of Tax Advisers and each of its employees, agents, and contractors and are enforceable at the suit of any such person.
If any provision of these terms and conditions is held to be unreasonable, invalid, or unenforceable for any reason, that will not affect the validity of the other terms and conditions which will continue to be of full force and effect.
We may change The Service or these terms at any time. If you use The Service after we have posted the changes you will be bound by the new terms.
This service is operated and controlled from New Zealand, and these terms and conditions and your use of The Service are governed by and construed in accordance with the laws of New Zealand. Anyone using this site from another jurisdiction is responsible for ensuring compliance with the local laws applicable to that jurisdiction.