Terms of Service | BOMCAS Canada

1. Acceptance of Terms

By accessing or using the BOMCAS Canada website located at bomcas.ca (the "Website"), or by engaging BOMCAS Canada for professional accounting, tax preparation, bookkeeping, payroll, or advisory services (the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (the "Terms").

These Terms constitute a legally binding agreement between you (whether an individual or a business entity) and BOMCAS Canada Accounting & Tax Services ("BOMCAS Canada," "we," "us," or "our"). If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

Your continued use of the Website or Services following the posting of any changes to these Terms constitutes acceptance of those changes. We encourage you to review these Terms periodically.

2. Services Provided

BOMCAS Canada provides a comprehensive range of professional accounting and financial services to individuals and businesses across Canada, including but not limited to:

• Personal Tax Preparation: T1 personal income tax returns, RRSP optimization, and CRA compliance for individuals.
• Corporate Tax Services: T2 corporate tax returns, tax planning, and year-end filings for businesses of all sizes.
• Bookkeeping Services: Monthly bookkeeping, bank reconciliation, accounts payable and receivable management.
• Payroll Services: Full-service payroll processing, T4 preparation, ROE filing, and CRA remittances.
• GST/HST Services: Registration, quarterly filings, input tax credit optimization, and CRA compliance.
• CRA Audit Representation: Professional representation during CRA audits, objections, and appeals.
• Business Advisory: Strategic financial planning, business incorporation, and advisory services.
• Specialized Industry Accounting: Accounting services tailored to specific industries including real estate, construction, healthcare, and more.

The specific scope, deliverables, timelines, and fees for any engagement are governed by a separate engagement letter or service agreement signed by both parties prior to the commencement of services. In the event of any conflict between these Terms and an engagement letter, the engagement letter shall prevail with respect to the specific engagement.

BOMCAS Canada reserves the right to modify, suspend, or discontinue any service at any time without prior notice. We will make reasonable efforts to notify existing clients of any material changes to services that affect their engagement.

3. Professional Relationship

Accessing or browsing the BOMCAS Canada website does not, by itself, create a professional accounting relationship between you and BOMCAS Canada. A professional accountant-client relationship is established only when:

• BOMCAS Canada has expressly agreed in writing to provide services to you;
• An engagement letter has been signed by both parties; and
• BOMCAS Canada has confirmed acceptance of the engagement.

Until a formal engagement is established, any information provided on this website, in email correspondence, or in preliminary consultations does not constitute professional accounting or tax advice and should not be relied upon as such. General information provided on this website is for informational purposes only.

BOMCAS Canada's accountants are bound by the professional standards and ethical obligations of the Professional Tax Accountants of Canada (Professional Tax Accountant Canada) and applicable provincial Professional Tax Accountant bodies. All services are provided in accordance with these professional standards.

4. Client Responsibilities

As a client of BOMCAS Canada, you agree to fulfill the following responsibilities to enable us to provide services effectively:

• Accurate Information: You are responsible for providing complete, accurate, and timely information, documents, and records necessary for BOMCAS Canada to perform the agreed services. This includes all financial records, receipts, statements, and any other documentation requested.
• Review of Work Product: You are responsible for reviewing and approving all work product, including tax returns, financial statements, and reports, before they are submitted to the Canada Revenue Agency (CRA) or any other regulatory body. Your signature on any document constitutes your approval and acceptance of its contents.
• Timely Response: You agree to respond promptly to requests for information or clarification. Delays in providing requested information may result in delays in completing the engagement and may affect filing deadlines.
• Compliance with Laws: You are responsible for ensuring that your business activities comply with all applicable Canadian laws and regulations. BOMCAS Canada's services do not include legal advice, and you should consult a qualified lawyer for legal matters.
• Notification of Changes: You agree to promptly notify BOMCAS Canada of any material changes in your financial situation, business structure, or other circumstances that may affect the services being provided.

BOMCAS Canada is not responsible for errors, omissions, penalties, or adverse outcomes resulting from inaccurate, incomplete, or untimely information provided by the client.

5. Fees and Payment

BOMCAS Canada's fees for professional services are set out in the engagement letter provided to each client prior to the commencement of services. By signing the engagement letter, you agree to pay the fees as specified therein.

Payment Terms

• Fees are due upon completion of the engagement unless otherwise agreed in writing in the engagement letter.
• For ongoing engagements (such as monthly bookkeeping or payroll), fees are due on the date specified in the engagement letter, typically at the beginning or end of each service period.
• BOMCAS Canada accepts payment by electronic funds transfer (EFT), cheque, credit card, and other methods as specified in the engagement letter.
• All fees are subject to applicable Goods and Services Tax (GST) or Harmonized Sales Tax (HST) as required by Canadian law.

Late Payment

Invoices not paid within 30 days of the due date may be subject to interest charges at a rate of 1.5% per month (18% per annum) on the outstanding balance. BOMCAS Canada reserves the right to suspend or terminate services for accounts with outstanding balances. Clients are responsible for all reasonable costs of collection, including legal fees, incurred in recovering unpaid amounts.

Refund Policy

Fees paid for completed services are generally non-refundable. If BOMCAS Canada is unable to complete an engagement due to circumstances within our control, we will provide a pro-rated refund for services not yet rendered. Disputes regarding fees must be raised within 30 days of the invoice date.

6. Confidentiality

BOMCAS Canada is committed to maintaining the strict confidentiality of all client information. We understand that the financial and personal information you share with us is sensitive, and we take our obligation to protect that information seriously.

Our Obligations

• We will not disclose your personal or financial information to third parties without your express written consent, except as required by law, court order, or applicable professional standards.
• We maintain physical, electronic, and procedural safeguards to protect your information from unauthorized access, use, or disclosure.
• Our confidentiality obligations survive the termination of our professional relationship with you.

Permitted Disclosures

BOMCAS Canada may disclose client information in the following limited circumstances:

• When required by law, including disclosure to the Canada Revenue Agency (CRA) or other regulatory authorities;
• When required by a court order or legal process;
• To our professional advisors (such as legal counsel) who are bound by confidentiality obligations;
• With your express written consent; or
• As required by applicable professional standards of Professional Tax Accountant Canada or provincial Professional Tax Accountant bodies.

For more information about how we collect, use, and protect your personal information, please review our Privacy Policy.

7. Intellectual Property

All content on the BOMCAS Canada website, including but not limited to text, graphics, logos, images, icons, software, and the compilation thereof (the "Content"), is the exclusive property of BOMCAS Canada or its content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

Permitted Use

You are granted a limited, non-exclusive, non-transferable licence to access and use the Website for personal, non-commercial purposes. This licence does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works from any Content without our express written permission;
• Use any data mining, robots, or similar data gathering and extraction tools on the Website;
• Frame or mirror any portion of the Website without our express written consent; or
• Use the BOMCAS Canada name, logo, or trademarks without prior written authorization.

Work product created by BOMCAS Canada specifically for a client (such as financial statements, tax returns, and reports) is provided to the client for their use. BOMCAS Canada retains the right to use general methodologies, templates, and know-how developed in the course of providing services.

8. Accuracy of Information

BOMCAS Canada makes reasonable efforts to ensure that all information published on this website is accurate, current, and complete. However, we cannot guarantee the accuracy, completeness, or timeliness of the information provided.

Tax laws, CRA regulations, and accounting standards change frequently. Information on this website may not reflect the most recent legislative or regulatory changes. The information provided is for general informational purposes only and should not be relied upon as professional accounting, tax, or legal advice specific to your situation.

BOMCAS Canada expressly disclaims any liability for errors or omissions in the information provided on this website. Always consult with a qualified accounting professional before making any financial, tax, or business decisions.

9. Third-Party Links

The BOMCAS Canada website may contain links to third-party websites for your convenience and information. These links do not constitute an endorsement of the third-party website or its content by BOMCAS Canada. We have no control over the content, privacy practices, or terms of service of third-party websites.

BOMCAS Canada is not responsible for the accuracy, legality, or appropriateness of content on third-party websites. Your use of any third-party website is at your own risk and subject to the terms and conditions of that website. We encourage you to review the privacy policies and terms of service of any third-party websites you visit.

10. Disclaimer of Warranties

THE BOMCAS CANADA WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

BOMCAS Canada does not warrant that:

• The Website will be uninterrupted, error-free, or free of viruses or other harmful components;
• The results obtained from using the Website will be accurate or reliable;
• The quality of any information, services, or other material obtained through the Website will meet your expectations; or
• Any errors in the Website will be corrected.

This disclaimer applies to the fullest extent permitted by applicable Canadian law. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOMCAS CANADA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, EVEN IF BOMCAS CANADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall BOMCAS Canada's total liability to you for all claims arising from or related to the use of the Website or Services exceed the greater of:

• The total fees paid by you to BOMCAS Canada in the twelve (12) months preceding the event giving rise to the claim; or
• One hundred Canadian dollars (CAD $100.00).

This limitation of liability applies to the fullest extent permitted by applicable law. Some jurisdictions do not allow the limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless BOMCAS Canada and its directors, officers, employees, agents, and contractors from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Website or Services;
• Your violation of these Terms of Service;
• Your violation of any applicable law or regulation;
• Any inaccurate or incomplete information you provide to BOMCAS Canada; or
• Any claim by a third party arising from your actions or omissions.

BOMCAS Canada reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defence of such claim.

13. Dispute Resolution

In the event of any dispute, claim, or controversy arising from or relating to these Terms of Service or your use of the Website or Services, the parties agree to attempt to resolve the dispute through the following process:

Informal Resolution

Before initiating any formal dispute resolution process, you agree to contact BOMCAS Canada in writing at info@bomcas.ca to describe the nature of the dispute and your proposed resolution. BOMCAS Canada will respond within 15 business days. Both parties agree to make a good-faith effort to resolve the dispute informally within 30 days of the initial notice.

Mediation

If the dispute cannot be resolved informally, the parties agree to submit the dispute to non-binding mediation in Edmonton, Alberta, before a mutually agreed mediator. The costs of mediation shall be shared equally by the parties.

Arbitration

If mediation is unsuccessful, any unresolved dispute shall be submitted to binding arbitration in Edmonton, Alberta, in accordance with the Arbitration Act (Alberta). The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.

14. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Subject to the dispute resolution provisions above, you agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta for the resolution of any disputes arising from these Terms or your use of the Website or Services. If you access the Website from outside Canada, you do so at your own risk and are responsible for compliance with local laws.

15. Changes to Terms

BOMCAS Canada reserves the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will:

• Update the "Last updated" date at the top of this page;
• Post a notice on our website indicating that the Terms have been updated; and
• Where required by law, provide additional notice to affected clients.

Your continued use of the Website or Services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Website and Services and notify us in writing to terminate any ongoing engagement.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of the Terms will always be available on this page.

16. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us using the information below:

We will make every effort to respond to your inquiry within 2 business days.