TERMS AND CONDITIONS:

1.FEES 

Our charges are computed on the basis of fees for the time spent on your affairs (which depends on the levels of skill and responsibility involved) and disbursements incurred in connection with the engagement. [If work is required which is outside the scope of this letter, for example dealing with SARS enquiries into the tax return, then this will be a separate engagement for which additional fees will be chargeable.] We will issue invoices at monthly intervals during the course of the year. We will add Value Added Tax, if applicable, at the current rate. Our invoices are payable on presentation. We reserve the right to charge interest at 6% per month in the case of overdue accounts. We may terminate our engagement and cease acting if payment of any fees billed are unduly delayed. However, it is not our intention to use these arrangements in a way which is unfair or unreasonable. 

2 LIMITATION OF LIABILITY

The advice which we give to you is for your sole use only and does not constitute advice to any third parties. Our maximum liability for all claims arising out of the services provided shall be limited to an amount equal to the total fees charged. This maximum liability shall be an aggregate liability for all claims from whatever source and howsoever arising. We will not be held liable to you or any cessionary or third party claiming through or on your behalf for any punitive damages whatsoever or for any consequential or other loss or damages beyond the maximum liability specified. We will provide the professional services outlined in this letter with reasonable care and skill. Our advice will be based on interpretation of the law and experience with SARS. Therefore, the conclusions reached and views expressed will often be matters of opinion rather than of certainty and we cannot warrant that SARS will necessarily reach the same conclusions. We will not be responsible for any losses, penalties, interest or additional tax liabilities arising from the supply by you or others of incorrect or incomplete information, or from the failure by you or others to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us or SARS. Communication via email is admissible, however, as with other means of delivery this carries with it the risk of inadvertent misdirection or non delivery. It is the responsibility of the recipient to carry out a check on any attachments received. No verbal instructions are acceptable.

3. ELECTRONIC COMMUNICATION 

As internet communications are capable of data corruption we do not accept any responsibility for changes made to such communications after their despatch. For this reason it may be inappropriate to rely on advice contained in an e-mail without obtaining written confirmation thereof. All risks connected with sending commercially-sensitive information relating to your business are borne by you and is not our responsibility. If you do not accept this risk, you should notify us in writing that e-mail communication is unacceptable.

4. APPLICABLE LAW 

This engagement letter is governed by South African law and any claims will be subject to the exclusive jurisdiction of the Courts of South Africa. Any claims, howsoever arising, need to be commenced formally by service of a court summons or process initiating arbitration proceedings within two years after the claimant becomes aware (or ought reasonably to have become aware) of the facts which give rise to the claim and, in any event regardless of the knowledge of the claimant, by no later than three years after the date of any alleged breach giving rise to a cause of action. This expressly overrides any statutory provision which would otherwise apply.

5 RETENTION OF RECORDS 

During the course of our work we will collect information from you and others acting on your behalf and will return any original documents to you following preparation of your return. You should retain them for a period of five years from the date of submission of your return. This period may be extended if SARS make any further enquiries into your tax return. Whilst certain documents may legally belong to you, we intend to destroy correspondence and other paperwork which has been stored for longer than 5 years, other than documents which we consider to be of continuing significance. We need to be advised of any particular retention of documents you may require.

6. REGULATORY REQUIREMENTS

We reserve the right to disclose our files to regulatory bodies in the exercise of their powers

7. QUALITY OF SERVICE 

We aim to provide a high standard of service at all times. If you would like to discuss with us on any improvements or dissatisfaction of our services, please advise. We undertake to address any complaint on your behalf and promptly advise you accordingly.

8. AGREEMENT OF TERMS

This letter supersedes any previous terms and conditions. This letter will remain effective from the until it is replaced. You or ourselves may vary or terminate our authority to act on your behalf at any time without penalty. Notice of variation or termination need to be given in writing.

PRIVACY:

In your day-to-day dealings with Tax Solution, we obtain information about you. This information will treated with the strictest confidence and only shared with the relevant bodies in carrying out our work for you.

The Protection of Personal Information Act protects you.

The Protection of Personal Information Act (POPI) is aimed at protecting your personal information and prescribes what we must and must not do with it. POPI created an Information Regulator who checks that companies manage personal information in a responsible manner that respects your privacy.

This privacy notice forms part of our agreement with you and should be read together with the Terms and Conditions above.

We have implemented reasonable security safeguards to protect the personal information that you provide.

We have engaged an outside IT Company who  regularly monitor our systems for possible vulnerabilities and attacks. As no system is perfect we cannot guarantee that information may not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical or managerial safeguards.

As part of this agreement, you accept that we have tried our best to secure your information, but in the case of a breach, you cannot take action against us. If in the event of a breach, we will advise you immediately.