1. Introduction
These Terms & Conditions (the Terms) govern access to and use of the website operated by Provantec Limited, trading as Finsera (the Company). Finsera is a trading name of Provantec Limited, registered in Ireland. Company No. 820186.
By accessing or using the website, the user agrees to be bound by these Terms. If the user does not agree, the website should not be used.
These Terms apply to use of the website and to enquiries submitted through it. The provision of professional services shall be subject to a separate engagement, as described in section 11. In the event of conflict between these Terms and an engagement in relation to professional services, the engagement shall prevail to the extent of the conflict.
2. Definitions
In these Terms, unless the context otherwise requires:
- Applicable Law means all laws, statutes, regulations and binding guidance applicable to the Company or to the user from time to time.
- Client means a person or entity that has entered into an engagement with the Company for the provision of professional services.
- Website means the website published at the domain from which these Terms are accessed, together with any related pages operated by the Company.
Headings are for convenience only. References to the singular include the plural and vice versa.
3. Website Use
The Website is provided for information concerning the Company and its services and to facilitate enquiries. The user shall use the Website only for lawful purposes and in accordance with these Terms and Applicable Law.
The user shall not misuse the Website, including by attempting to gain unauthorised access to any system, introducing malicious code, or using the Website in a manner that may impair its operation or the rights of others.
4. Access to the Website
The Company may suspend, withdraw, discontinue or change all or any part of the Website without notice. The Company does not guarantee that the Website, or any content on it, will always be available or uninterrupted.
Access to certain parts of the Website, or to related systems, may be restricted. The Company may disable any identifier or access at any time if, in its reasonable opinion, the user has failed to comply with these Terms.
5. Website Content
Content on the Website is provided for general information only. It does not constitute accounting, tax, legal or other professional advice, and it does not take into account the particular circumstances of any person.
Nothing on the Website shall be construed as an offer capable of acceptance, or as creating a professional relationship, unless and until an engagement has been agreed in writing.
6. Accuracy of Information
The Company shall use reasonable endeavours to ensure that information on the Website is accurate and up to date. The Company does not warrant that the Website or its content is free from errors, omissions or inaccuracies, or that it is complete.
The user is responsible for verifying any information before relying upon it. Tax and accounting rules change, and information on the Website may become out of date.
7. Intellectual Property
The Website and its content, including text, graphics, logos, layout and software, are owned by or licensed to the Company and are protected by copyright and other intellectual property rights.
The user may view, download and print content from the Website for personal, non-commercial use in connection with an enquiry to the Company. Any other reproduction, distribution, modification or use is prohibited without the Company's prior written consent, except to the extent permitted by Applicable Law.
8. Links to Third-Party Websites
The Website may contain links to third-party websites. Such links are provided for convenience only. The Company does not control, and is not responsible for, the content, availability or privacy practices of third-party websites. The inclusion of a link does not imply endorsement.
9. Consultations and Enquiries
The submission of an enquiry or consultation request through the Website does not oblige the Company to accept an engagement, nor does it create a professional relationship. The Company may decline an enquiry without giving reasons.
Information submitted through the Website shall be handled in accordance with the Privacy Notice. The user warrants that information provided is, to the best of the user's knowledge, accurate and complete, and that the user is authorised to provide it.
10. Provision of Professional Services
Professional services, including accounting, bookkeeping, tax, payroll, company secretarial and advisory services, are provided only pursuant to an engagement agreed between the Company and the Client. The scope, limitations and responsibilities applicable to such services shall be as set out in that engagement.
The Company may, where appropriate, involve suitably qualified professional persons or firms in the performance of an engagement. The identity of any such persons or firms, and the capacity in which they act, shall be as agreed in the engagement. Where regulated work requires a registered firm or individual, that arrangement will be identified in the engagement letter.
11. Engagement Terms
Where professional services are to be provided, the Company shall issue, or otherwise agree, engagement terms setting out the scope of work, responsibilities, fees and other relevant matters. No professional work shall be treated as having been accepted until the Company has confirmed the engagement.
Standard engagement terms, if any, are: set out in a written engagement letter or statement of work agreed with the Client before professional work commences.
12. Client Responsibilities
The Client shall provide, in a timely manner, such information, documents, explanations and access as are reasonably required for the performance of the engagement, and shall notify the Company promptly of any material change affecting the engagement.
The Client remains responsible for the conduct of its business, for decisions taken on the basis of information or advice provided, and for compliance with its own legal and filing obligations, except to the extent that the Company has expressly agreed in the engagement to perform a particular obligation on the Client's behalf.
13. Information Supplied by Clients
The Company is entitled to rely upon information, documents and representations supplied by or on behalf of the Client, without independent verification, except where the engagement expressly requires otherwise.
The Client shall ensure that information supplied is accurate, complete and not misleading, and that the Client is authorised to supply Personal Data relating to third parties. The Company shall not be responsible for loss arising from inaccurate, incomplete or late information supplied by the Client, except to the extent caused by the Company's negligence or wilful default.
14. Fees and Payment
Fees for professional services, and the manner and timing of payment, shall be as agreed in the engagement or as otherwise agreed in writing. Indicative package fees published on the Website are for information only and do not constitute a binding quotation.
Payment terms, including due dates, VAT treatment and consequences of late payment, are: as agreed in the engagement; unless otherwise stated, monthly fees are invoiced in advance, payable within fourteen days of invoice, subject to VAT at the applicable rate, and the Company may suspend services for overdue amounts after reasonable notice.
15. Delays Caused by Missing or Inaccurate Information
The Company shall not be responsible for delay in the performance of an engagement to the extent that such delay is caused by the Client's failure to provide information, documents or instructions in a timely, accurate or complete manner, or by any other act or omission of the Client or its agents.
16. Tax, Accounting and Regulatory Deadlines
Statutory, regulatory and other filing deadlines applicable to the Client remain the Client's responsibility, except to the extent that the Company has expressly agreed in the engagement to submit a particular filing on the Client's behalf and has been provided with all information required to do so in sufficient time.
The Company shall not be liable for penalties, interest or other consequences arising from a missed deadline to the extent caused by late, incomplete or inaccurate information supplied by the Client, or by instructions given after a point at which compliance with the deadline is not reasonably practicable.
17. Confidentiality
Each party shall keep confidential information of the other obtained in connection with an engagement, and shall not disclose it except: (a) to persons who need to know it for the purposes of the engagement and who are bound by confidentiality obligations; (b) as required or permitted by Applicable Law, a competent authority, or a professional obligation; (c) to professional advisers; or (d) with the other party's prior consent.
This obligation shall not apply to information that is or becomes public other than through breach of this section, that was independently developed, or that was lawfully received from a third party without a duty of confidence.
18. Data Protection
Personal Data is Processed in accordance with the Privacy Notice. The Client shall ensure that any Personal Data it provides to the Company is provided in accordance with Data Protection Legislation.
The respective Controller and Processor roles applicable to a particular engagement shall, where required, be set out in the engagement or in a data-processing agreement. For website enquiries, the Company acts as Controller. For professional services, the Company typically acts as Controller in relation to client administration; where the Company processes personal data solely on the Client's instructions (for example certain payroll processing), the roles will be set out in the engagement or a data-processing agreement.
19. Third-Party Service Providers
The Company may use third-party service providers, including providers of information technology and other support services, in the operation of its business and in the performance of engagements, as described in the Privacy Notice.
Named providers are: Vercel Inc. (website hosting and delivery); FormSubmit (transmission of consultation enquiry emails to the Company); and, where the company name checker is enabled, Companies Registration Office Open Services (search queries submitted through the website tool)..
20. Availability of Website and Technology
The Website and any related technology are provided on an "as available" basis. The Company does not warrant that they will be uninterrupted, error-free, or free of harmful components. Scheduled or emergency maintenance may occur.
21. Limitation of Liability
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under Applicable Law.
Subject to the foregoing, the Company's liability in connection with the Website, and in connection with professional services except as otherwise agreed in an engagement, is: limited to the extent permitted by Applicable Law; in connection with use of the Website, limited to direct loss caused by the Company's negligence; in connection with professional services, as set out in the engagement letter, which may include caps and exclusions permitted by law.
Without prejudice to the foregoing, the Company shall not be liable for loss of profit, loss of business, loss of data, or any indirect or consequential loss, except to the extent that such exclusion is prohibited by Applicable Law, or to the extent otherwise agreed in an engagement.
22. No Unauthorised Reliance
Website content is not intended for reliance by any person other than in the context of an enquiry to the Company. Advice, reports or other deliverables produced in the course of an engagement are provided solely for the Client and for the purpose agreed, and may not be relied upon by any third party without the Company's prior written consent.
23. Events Outside Reasonable Control
The Company shall not be in breach of these Terms, nor liable for delay or failure in performance, to the extent caused by circumstances beyond its reasonable control, including failure of communications networks, acts of public authorities, industrial action, fire, flood, epidemic, or failure of a third-party supplier, provided that the Company takes reasonable steps to mitigate the effects of such circumstances.
24. Suspension or Termination
The Company may suspend or terminate access to the Website at any time. An engagement may be suspended or terminated in accordance with the engagement terms.
Notice periods applicable to termination of an engagement are: as set out in the engagement letter; for ongoing services, ordinarily one month's written notice by either party, unless statute, urgency or the engagement provides otherwise.
25. Complaints
Complaints may be raised in accordance with the Company's Complaints procedure.
26. Governing Law
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Ireland.
27. Jurisdiction
The Irish courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter, including non-contractual disputes or claims, without prejudice to the Company's right to bring proceedings in any other court of competent jurisdiction to the extent permitted by Applicable Law.
28. Changes to these Terms
The Company may amend these Terms from time to time by publishing a revised version on the Website. The revised Terms shall apply to use of the Website from the date of publication. The "Last updated" date shall be revised accordingly. Changes affecting an existing engagement shall take effect in accordance with that engagement.
29. Contact Details
Finsera is a trading name of Provantec Limited, registered in Ireland. Company No. 820186.
Unit C4D, Nutgrove Office Park
Nutgrove Ave, Rathfarnham
Dublin, Ireland
D14 W6K3
Email: info@finsera.ie
Telephone: +353 1 232 5566