IMPORTANT! - Please carefully read the terms and conditions listed below. These form the basis of the agreement entered into by you and Logi-Cal Solutions. By instructing Logi-Cal Solutions to provide you with the monthly bookkeeping services, you are confirming your acceptance of this agreement and agree to be bound by the terms contained herein.
DEFINITIONS
"Company" or "the Company" shall mean Logi-Cal Solutions and any of its licensors. "Service" means the monthly bookkeeping services, together with any requested accounting services as provided by Logi-Cal Solutions and its affiliates.
"Client" means any individual, business or organisation that enters into an agreement with Logi-Cal Solutions with respect of the monthly bookkeeping services. This definition shall also extend to the employees or authorised persons nominated by these individuals, businesses or organisations.
"Software" means the Virtual Accountant program and third party software programs, in each case, supplied by Logi-Cal Solutions to clients making use of the monthly bookkeeping services, and includes corresponding documentation, associated media, printed materials, and on-line or electronic documentation.
The headings in this document are for reference purposes only and do not form part of any of the terms contained herein, nor should they be inferred as such. Specific gender refrences shall include all persons and plural references shall include singular references and vice-versa.
GENERAL
The Client shall, by way of e-mail, submit a request to the Company to initiate the monthly bookkeeping service. This agreement shall come into effect upon receipt of such request and shall remain in force until terminated by either party.
Upon commencement of this agreement, the Client agrees to supply the Company with all requested information that would be required to set up an account for the purposes of the Service. This includes all data related to the Client's current state of business that would be required to accurately create and set up a company file related to the Software for the Client's use.
Once the aforementioned processes have been completed, the new company file along with the Software will be made available on the Company's servers for the Client and the Client's authorised users to access via the Internet.
CLIENT OBLIGATIONS
The Client agrees to safeguard the login details provided to him upon activation of the Service and to use all reasonable efforts to prevent these from falling into the wrong hands.
It is the Client's responsibility to notify the Company if the secure login details have been compromised and to request that these are changed to prevent unauthorised access to the company data.
The Client shall not, under any cirmstances or by any method, attempt to access files on the Company servers that are not directly related to the Software which has been assigned to the Client.
The Client agrees to use only the Software to record daily transactions that result from their business activities and use the Software solely for the purposes of recording and maintaining data related to the Client's daily business activities.
The Client agrees that the Software provided is merely a tool to enable the Company to perform its obligations with regards to the Service and that the only certified reporting on the status of the Client's tax and financial affairs will be provided by the Company and not printed from the Software itself.
The Client acknowledges that the use of the Software shall at all times be subject to the terms and conditions contained in the End User License relating to the Software.
The Client agrees that the number of users that may have simutaneous access the Software will be limited to the number of User Licenses granted. The onus is on the Client to request additional user access and the Client agrees that this will incur an additional monthly charge per requested User License.
COMPANY OBLIGATIONS
The Company shall use all reasonable efforts to ensure uninterupted access to a functional copy of the Software for the Client to access and use on the Company's servers.
The Company shall provide assistance with regards to accounting\ bookkeeping matters as well as provide Software support during the Company's standard business hours as efficiently as is reasonably possible.
The Company will review and evaluate the data recorded by the Client in the Software on a regular basis and make all error corrections and adjustments necessary to ensure the Client's file, as stored on the Company servers, is an accurate reflection of the Client's company books and supply a report to the Client of corrections or changes made .
The Company will, upon request by the Client, provide assistance with the filing of reports and/or payments with regards to tax liabilities, which may include VAT, UIF, provisional tax and reconciliations, when needed.
In the case of the Client having an accounting officer, the Company shall submit all necessary documentation to the Client's accounting officer so that he/ she may successfully carry out their duties in the submission of reports as and when necessary. If the Client does not have an accounting officer, the Company shall, at the Client's request and on the Client's behalf, engage the services of persons qualified to carry out such duties when necessary. This may incur additional charges as determined by these persons for their services.
BILLING AND PAYMENTS
Each new company file created and set up for the Client by the Company will carry a charge equivalent to the monthly base cost for the Service and is payable in advance. Thereafter, Service costs and related charges are payable upon invoicing.
The Company will issue a Tax Invoice via e-mail to the Client on or around the 20th of every month for the Service. The invoice may include charges of actions requested that are beyond the scope of the monthly bookkeeping Service.
Payment of invoices must be made before or on the last working day of each month to avoid possible Service suspension.
Requests for additional services like the provision of documents required by financial institutions, for example, are not included in the Service charges. These will be levied separately and will be for the Client's account. This includes the engagement of accountants or tax practitioners at the Client's request and on the Client's behalf.
The Company shall not be responsible for charges levied by persons engaged to act on the Client's behalf such as an accountant or tax practitioner, nor shall it become involved in disputes between the Client and these persons, which will in no way impact on this agreement.
BREACH AND TERMINATION
The Company reserves the right, without prejudice to any of its other rights hereunder, to suspend the Service if payment of amounts due by the Client is not received, or the Client is in breach of any of the terms of this agreement. In the event of the Service being suspended, the Client shall only have limited access to the Software where previously recorded data can be viewed or exported, but no new information may be recorded.
The Company may, in its sole discretion, continue the suspension of the Service indefinitely until all amounts owing by the Client are settled in full. This includes limiting the Client's access to the Software.
The Client may terminate this agreement at any time without penalty, provided this is done in writing a calendar month in advance.
Where this agreement has been terminated by either party, no further charges shall be incurred or applicable. The Company shall keep the Client's company files on its servers for 30 days following termination, after which it shall be permanently removed and destroyed.
INDEMNITY
The Client shall not hold the Company liable for any damages or losses incurred in the following instances:
a) Inaccurate company books due to inaccurate information supplied to the Company for the creation and setting up of a new company file;
b) Inaccurate company books due to omission of business activities recorded in the Software, or incorrect data recorded by the Client;
c) Periods in which the Software has stopped functioning for any reason whatsoever until a suitable remedy had been effected;
d) The Company's inability to carry out its obligations with regards to the Service in situations that are reasonably beyond the Company's control;
e) Where the Client has been unable to use the Software to its full extent due to suspension of Service.
The Client acknowledges that the Company can only provide an effective service insofar as accurate data has been recorded in the Software. The Company cannot be held liable for mistaken or inaccurate entries recorded in the Software, even those that result from the Client or Client's authorised users not fully understanding the functions in the Software.
CONCLUSION
This document constitutes an agreement between the Company and the Client. The Company reserves the right to amend or alter any of the terms and conditions contained herein at any time without notice of any kind. It is the Client's responsibility to check this website from time to time to familiarise themselves of any changes to these terms and conditions. The Client is free to terminate the Service at any time and if not, the Client will accept and abide by any changes or amendments to this agreement with immediate effect.
Any relaxation or indulgence on the part of the Company to any of the terms and conditions contained herein shall in no way prejudice any of the Company's rights contained within this agreement.
Each of the terms herein shall be a separate and divisible term and if any such term becomes unenforceable for any reason whatsoever, that term shall be severable and shall not affect the validity of any of the other terms.