Terms and Conditions

Last Updated: 03 December, 2024

Introduction

Welcome to Fintax. These Terms and Conditions outline the relationship between you, our valued customer, and Fintax. They detail the rules for accessing our website and using our services. It’s crucial to read and understand these terms before continuing.

Using our website, you confirm that you have read and agree to these Terms and Conditions. Please do not use our website if you disagree with any part of these terms.

Please review our Privacy Policy for information on how we handle your personal data. It explains how Fintax collects, processes, and protects your personal information and your rights regarding this data under applicable laws.

Definitions

In these terms:

Contract refers to the agreement between you and Fintax, including these Terms of Business and any Client Services Agreement (or Proposal), along with any agreed amendments.
Client Services Agreement is the formal agreement or confirmation letter related to these Terms of Business.
Proposal is any written or verbal offer detailing the services provided, distinct from the Client Services Agreement.
Fintax refers to a Fintax company and its affiliated entities, including related corporate bodies.
Fintax (registration number 45484528, registered address: Ukraine, 18029, Cherkasy region, Cherkasy city, Heroiv Maidanu St., building 5/1) is referred to as ‘we,’ ‘us,’ and ‘our.’
You and your refer to the person accessing this website and agreeing to these Terms of Use.

Privacy and Consent

At Fintax, we prioritise your privacy and are committed to protecting your personal information according to relevant laws. By providing your personal information, you consent to us using it for various purposes, including responding to inquiries, providing quotes, evaluating job applications, recruiting, sending newsletters, personalising content, improving our services, and addressing your requests.

We may retain and use your personal information for future communications. Personal information includes your name, email address, phone number, home address, job-related details, and other information provided during recruitment, such as qualifications, ID details, nationality, race, current salary, CV, and other relevant data.

Legal Age and Capacity

Our website and services are not intended for individuals under 18 or those without the legal capacity to enter into a binding contract. By accessing our site or accepting these Terms and Conditions, you confirm that you can legally agree to this contract. If you use our services without such capacity, you do so at your own risk, and we are not responsible for any consequences.

Using our website, you confirm that you are at least 18 years old, emancipated, or have parental/legal guardian consent to follow this policy. You also affirm that mental incapacity does not affect your ability to consent legally.

Cookies

Our website uses cookies and tracking technology to enhance your experience. A cookie is a file stored on your device that helps us remember your preferences and gather data such as browser type and website usage.

Cookies help personalise your experience. While most browsers accept cookies by default, you can modify your settings to block or manage cookies. Cookies are not linked to personal information unless you have provided it.

External Links

Our website may contain links to third-party sites. Please exercise caution when visiting these sites, as we do not control them.

Clicking these links may subject you to the terms and conditions of the third-party sites. We are not responsible for any loss or damage from sharing your personal information with third parties or these sites’ content and privacy practices.

Copyright

All content on this website, including text, graphics, logos, and images, is protected by copyright and owned by Fintax. Reproducing or copying any part of this website without our written consent is prohibited and may result in legal action.

Disclaimer

The content provided on our website is for general information purposes only. Fintax does not provide professional advice through this site. All information is offered “as is” without express or implied warranties.

You use our website and its content at your own risk. We are not liable for website damage or information from linked third-party sites. For professional advice, please get in touch with us directly.

Performance of the Services

The details of our services are outlined in the Client Services Agreement or Proposal, and we offer flexibility for adjustments upon request from either party.
We aim to deliver services efficiently and effectively, leveraging our expertise to meet your needs.
Please be aware that our services are designed to offer expert guidance rather than legal advice. Timelines provided are meant for planning purposes only and are not legally binding.
Our services are intended exclusively for your benefit. Liability to third parties is limited, except in cases involving external audits.
Any feedback or draft documents provided during our engagement may be revised before finalising.
Independent audits of accounting records are not conducted unless explicitly requested.
We rely on your information and do not independently verify its accuracy unless specified.
While we strive to give accurate advice based on current laws and regulations, we cannot be held accountable for changes that may affect past advice.
We use due diligence when referring to external information but cannot guarantee its accuracy or completeness and are not liable for any resulting errors or omissions.
Our advice may affect other parties’ tax situations, but our responsibility is limited to you. You agree to protect us from any claims arising from sharing our advice with others.

For Taxation Services:

We will inform you of your rights and obligations under Taxation Law, including options for private rulings and appeals.
We will guide you through Taxation Law applications and their potential outcomes, helping you make informed decisions.

Your Obligations

Your cooperation is essential to ensuring we can complete our services on time. After discussion, delays in providing necessary information or resources may lead to additional charges.

You are responsible for:

Providing all required information and resources promptly, including access to third parties, premises, and systems.
Ensuring that any computer facilities you provide are secure and free from viruses.
Making senior staff available for consultation as needed.
Making timely decisions to support the service delivery.
Updating us on any changes to the information provided and ensuring its accuracy and completeness.

You must not disclose any service-related documentation to third parties without our written consent, except for external audits where our reports may be included in financial statements.

You acknowledge:

You are responsible for the accuracy and completeness of the information you provide.
Our advice is based on specific circumstances and may not cover every detail.
Taxpayers are responsible for maintaining accurate self-assessment records.

Confidentiality

“Confidential Information” refers to non-public information or documents exchanged or produced during the services, excluding information that:

Is publicly available not due to a confidentiality breach;
Was known to the receiving party before the services began;
Was received from a third party without confidentiality obligations;
Was independently developed by either party.

Neither party will disclose the other’s Confidential Information without mutual consent.

We may share Confidential Information with our partners or contractors for service delivery, quality assurance, or as stated in our Privacy Policy.

Confidential Information may also be disclosed:

To insurers or legal advisors who agree to maintain confidentiality;
As required by law;
For the proper performance of services.

We may reference the performance of services as experience, provided no Confidential Information is disclosed.

You may not use our trademarks, such as our logo, in public documents or statements without written permission.

Limitation of Liability

The liability of each party, including Fintax’s principals, directors, and employees, is limited concerning any loss or damage resulting from the services provided. This includes:

Direct Damages: We are only responsible for direct damages caused by our negligence or failure to meet the terms of our agreement up to the amount paid for the services.
Indirect Damages: We are not liable for any indirect, consequential, or special damages, including lost profits or business interruptions.
Third-Party Claims: We are not responsible for third-party claims against you based on our services unless specifically outlined in the agreement.
Service Failures: We are not liable for failing to perform services due to events beyond our control, such as natural disasters or other force majeure events.

Governing Law

This agreement is governed by and construed under the jurisdiction’s laws where Fintax is headquartered, without regard to its conflict of law principles.

Amendments

We reserve the right to amend these Terms and Conditions at any time. Changes will be effective immediately upon posting on our website. Continued use of our services or website constitutes acceptance of the revised terms.

Indemnification

Except for external audit engagements:

Your Indemnity: You agree to indemnify Fintax against any third-party claims arising from your breach of this agreement. You will cover any losses or damages we incur due to such violations.
Our Indemnity: Fintax will indemnify you against third-party claims arising from our breach of this agreement. This means we will cover any losses or damages you incur due to our breaches.

Warranties

We exclude all warranties related to our services unless legally required. This means we do not guarantee the results or outcomes of our services beyond what is stipulated by law.

Fees and Expenses

Fee Payment: You agree to pay the fees for the services as outlined in the Client Services Agreement. VAT will be added at the applicable rate. You are responsible for all costs and expenses related to the services, including those for any third parties involved.
Currency: All fees are billed in Euro unless specified in the Client Services Agreement.
Fee Estimates: We may provide fee estimates based on the current scope of work. These estimates are not binding and may be subject to change.
Fee Adjustments: We may adjust our fee scale periodically due to changes in circumstances. You will receive written notice of any fee changes with a 30-day notice period. You may terminate the agreement if you disagree with the new fees. If you continue to use our services after the notice period, you accept the new fees.
VAT Adjustments: If the VAT rate changes, it will be added to fees retroactively. We reserve the right to recover any applicable VAT from you.

Amendments

Fintax reserves the right to make the following changes at any time without prior notice and without providing reasons:

Amend Terms: Modify these Terms and Conditions.
Content Changes: Change the content available on our website.
Service Discontinuation: Discontinue any part of the website or its features.
Website Modifications: Close or upgrade the website.

Contact Information

For any questions or concerns about these Terms and Conditions, or if you need further clarification, don’t hesitate to get in touch with us at:

Email: contacts@fintax-ua.com
Website: https://fintax-ua.com/contact

Thank you for taking the time to review our Terms and Conditions. We look forward to serving you.