Orbit Accountants Terms of Use
- Definitions
1.1 “Agreement” means this agreement including all subsequent amendments.
1.2 “Business Days” means a day (other than a Saturday or Sunday) on which banks in the respective markets for which a transaction for remittance is being undertaken are open for business.
1.3 “Days” means calendar days.
1.4 “Fees” means the amounts charged for our services as agreed upon in your individual contract.
1.5 “Force Majeure” means events or causes including, but not limited to, the following: an act of God, peril of the sea, unavoidable accident of navigation, war (whether declared or not), sabotage, riot, insurrection, civil commotion, national emergency (whether in fact or law), martial law, fire, flood, cyclone, earthquake, landslide, explosion, power or water shortage, failure of a transmission or communication network, epidemic, quarantine, strike or other labour difficulty or expropriation, restriction, prohibition, law, regulation, decree or other legally enforceable order of a government agency, breakage or accident, change of International, State or Commonwealth law or regulation or any damage of Orbit’s machinery or systems, unless occurring as a result of an act, omission, default or negligence of you or Orbit.
1.6 “Orbit”, “Orbit Accountants”, “we”, “us” or “our” means 1000664393 Ontario Inc. with registered office at 150 King Street West, Suite 361, Toronto, ON Canada M5H1J9 and includes its successors and any person to whom it has assigned its rights under this Agreement.
1.7 “Orbit website(s)” means any URL, such as Orbitaccountants.com and Orbitaccountants.ca, owned and operated by Orbit Accountants.
1.8 “Policy” or “Policies” means any policy or other agreement between you and Orbit Accountants that you entered into on the Orbit Accountants’ website(s), or in connection with your use of the Services.
1.9 “Services” means all accounting, tax preparation, financial planning, payroll services, Fractional CFO services, catch-up bookkeeping, back taxes, and related services provided by Orbit Accountants.
1.10 “User,” “you” or “your” means you and any other person or entity entering into this Agreement with us or using the Service.
1.11 “Account” refers to the contractual arrangement wherein a client has accepted our Terms of Use and has registered with Orbit Accountants’ to use our Services.
1.12 “Use of Third-Party Software” Orbit Accountants utilizes third-party software in the provision of certain services. While we select these third-party providers carefully, we do not control their operations and cannot guarantee their performance. Clients acknowledge that Orbit Accountants is not liable for any issues arising from the use of such third-party software. By agreeing to these terms, clients consent to the use of third-party software and accept the associated risks.
- Acceptance of Terms
2.1 This Agreement is a contract between you and Orbit and applies to your use of the Orbit services (the “Services”).
2.2 By registering for the Services, you must read, agree with, and accept all of the terms and conditions contained in this Agreement.
2.3 This Agreement is provided to you and concluded in English.
2.4 You agree that any use by you of the Services shall constitute your acceptance of the Agreement.
2.5 We recommend that you store or print off a copy of the Agreement (including all policies) for your records.
2.6 If you do not accept this Agreement, you will not be able to use the Services.
- Our Relationship with You
3.1 Nature of Services Provided: Orbit Accountants offers a comprehensive range of services, including accounting, tax preparation, financial planning, payroll services, Fractional CFO services, catch-up bookkeeping, and back taxes. The specific services provided to each client vary based on their individual needs and agreements. Not all clients will utilize all available services. Our goal is to tailor our offerings to meet the unique financial and business requirements of each client.
3.2 Professional Standards: Orbit Accountants adheres strictly to the professional standards and ethical guidelines set forth by the Canadian Institute of Chartered Accountants (CICA) and other relevant bodies.
3.3 Independence and Objectivity: We maintain independence and objectivity in our services. Our advice and services are provided based on a thorough understanding of your financial situation and are aimed solely at your best interests.
3.4 Confidentiality: We take the confidentiality of your information seriously. All personal and business information provided to us in the course of our services is treated as confidential and is not disclosed to third parties except as required by law or with your express consent. We employ robust security measures to protect your data against unauthorized access, disclosure, alteration, or destruction.
3.5 Client Communication: We believe in clear and open communication with you to ensure that our services meet your expectations. We encourage you to provide timely and accurate information necessary for the provision of our services. Regular updates will be provided regarding the progress of our work, and we are always available to answer any questions or concerns you may have.
3.6 Compliance with Laws: Orbit Accountants conducts its services in compliance with applicable Canadian laws and regulations. We are dedicated to lawful and ethical conduct in all our business activities. Any changes in policy or regulation that may affect our services will be communicated promptly, and adjustments will be made to comply with the legal requirements.
- Fees and Payment Terms
4.1 Fee Structure: Our fees are outlined in your individual contract and are subject to change. Clients will be notified of any fee changes in advance.
4.2 Payment Terms: Payments are due according to the agreed-upon billing cycle. Late payments may incur additional charges.
- Service Limitations and Exclusions
5.1 Scope: Our services are limited to those explicitly stated in our agreement. We do not provide legal or investment advice.
5.2 Exclusions: We are not liable for any indirect, incidental, or consequential damages arising from the use of our services or third-party software.
5.3 Client Responsibilities: Clients are responsible for providing accurate and timely information necessary for Orbit Accountants to deliver its services. Failure to provide such information may affect the quality and legality of the services rendered. Clients agree to cooperate fully with Orbit Accountants and respond promptly to requests for information and documentation.
- Limitation of Liability
6.1 Our liability is limited to the amount paid for our services. We are not liable for any loss of profits, revenue, or data resulting from the use of our services or third-party software.
6.2 Limitation of Liability for Third-Party Software: Orbit Accountants’ liability for any damages arising from the use of third-party software is limited to the amount paid for our services. We are not liable for any indirect, incidental, or consequential damages, including loss of profits, revenue, or data, resulting from issues related to third-party software.
- Dispute Resolution
7.1 Mediation and Arbitration: Disputes will be resolved through mediation or arbitration before pursuing legal action.
7.2 Jurisdiction: These terms are governed by the laws of Ontario, Canada. Any legal actions will be subject to the courts of Ontario, Canada.
- Termination of Services
8.1 The terms under which our services may be terminated are governed by the specific contract each client signs with Orbit Accountants. We encourage clients to review their individual contracts for detailed information on the termination process and any obligations or rights that arise upon termination.
- Data Security and Privacy
9.1 Data Handling: We prioritize the security and confidentiality of your data. Our practices comply with applicable data protection laws.
9.2 Breach Notification: In the event of a data breach, we will notify affected clients promptly and provide details about the nature and extent of the breach.
- Client Consent
10.1 By using our services, clients consent to the use of third-party software and acknowledge the associated risks.
- Updates and Changes
11.1 Notification of Changes: We will notify clients of any changes to these terms via email or our website. Continued use of our services after such changes constitutes acceptance.
- Governing Individual Agreements
12.1 All clauses and provisions outlined in this document are subject to the specific terms and conditions set forth in the individual contractual agreement each client signs with Orbit Accountants. Clients are encouraged to refer to their respective agreements for detailed terms, including but not limited to, the provision of services, fees, dispute resolution, termination, and other pertinent details specific to their engagement with Orbit Accountants. This document is intended to provide a general framework; however, the specific individual agreement will prevail in the case of any discrepancies or conflicts.