Terms of Use

Version 3.0: These terms were last updated on April 8th, 2017

Definitions

Account Holder: Means a company, a partnership or other entities which has a valid registration to an Advataxes Account.

Advataxes Account: An employee expense accounting software access, in the form of software-as-a-service, for which the account holder has signed for, for purpose of posting employee expense by employees of a given entity, or representatives of those employees or entities.

Terms: Rules governing the use and access of an Advataxes Account. When Account Holder accesses, navigates or use Advataxes Account in any manners, including, without limitation, browsing, using any information, content or services or downloading any materials, Account Holder agrees to and is bound by these Terms.

The Terms are entered into by Ad Valorem Inc. (Ad Valorem) and Account Holder. Advataxes Account can't be used by employees, officers, partners, or their representatives without the consent of Account Holder.

Ad Valorem reserves the right to change, modify, update, add or remove part of the Terms.

Registered account holder

A registration to an Advataxes account will start on the day an e-mail from AD Valorem is sent to the prospect to the effect that the right to use the software has been granted, once an application has been received.

Right-to-use

The right that we grant to use this software is solely to Account Holder and his employees, representative or his clients’ employees and solely for the purposes described by Ad Valorem. It is a limited, nonexclusive, non-transferable right. The right-to-use will end when payment obligations are not met, when services are not renewed, or when Advataxes account is not used as per terms.

Account Holder should not provide access to the service to third parties. Account holders can only use the service, including uploading invoices, for the expenses that they or their clients incurred and allowances they claimed.

Personal information entered of Account Holder, including, but not limited to creating an account and using the software, need to be true, current, and up-to-date. Users will need to choose a user name and a password to create an account. Users are entirely responsible for maintaining confidentiality of password and account, and for all activities that occur under their accounts. Users should also notify Ad Valorem immediately for any unauthorized use of account or breach of security. Ad Valorem will not be liable for any loss that may incur as a result of someone else using users' passwords or accounts with or without their knowledge.

Free trial

If you register for a free trial, the service will be available on a trial basis free of charge until the end of the trial period, or until the day you purchase the service should you purchased it before the end of the trial period. We do not provide any kind of service warranty during the free trial.

Subscription period and renewal

The subscription period is a one year period. The Terms shall automatically renew for a further year on each anniversary thereafter of the end of the initial Terms, at a price which may contain an increase. Information regarding the renewal of the subscription will be provided to the subscriber roughly 60 days prior to the end of the subscription period by e-mail and/or in writing. Subscriber have to give written notice of termination to Ad Valorem within a maximum of 10 days after the start of the subsequent subscription period, in order not to renew the subscription.

Subscription transfer

Account Holder can't transfer the rights and obligation to anyone except with prior consent from Ad Valorem. Ad Valorem may assign the rights and obligation under this agreement to any organization without prior consent of subscriber.

Fees

Fees are paid for setting up an account and for the purchase of a right to use. Payment is non-cancelable and fees paid are non-refundable. GST, HST, QST if applicable will be added to the fees.

Online software - Advataxes

The online software Advataxes applies the exact method for calculating input tax credits and input tax refunds, however a report can be created applying factors of the factors method. Advataxes may not support GST/HST or QST rules applicable to non-profit organizations. The software is not designed for registrants using the quick method or similar one where no tracking of taxes on purchases is necessary. The software does not integrate the provisions of the Indian Act or the provisions of the First Nation Goods and Services Tax Act. The software is designed for transactions occurring after June 30th, 2010. The software considers employees are reimbursed on the day the expense report is finalized by the approver. The input limitation applicable on food beverages and entertainment under paragraph 236(1) of the Excise Tax Act and section 457.1 of the Quebec Sales Tax Act is calculated at the time the employee expense report is finalized. The software should not be a substitute to obtaining a consultation on Canadian tax matters. It is actually advisable that users seek technical expertise to understand tax concepts the software is automating.

Privacy

See the privacy policy tab.

Commitment

Ad Valorem is committed to take appropriate administrative, physical and technical measures to deal with security, confidentiality and integrity of your data. We will not modify your data unless it has been expressly permitted by Account Holder. We will take reasonable efforts to make the right to use Advataxes available 7 days a week and 24 hours per day. Exceptions will cover planned downtime which may occur after 6:00PM EST on Friday and before Monday 6:00 AM EST, and for any unavailability caused by circumstances beyond our reasonable control such as acts of God, floods, civil unrest, internet service provider failures or service attacks. Service support will follow up with users' written request within 2 working days. Work days are established as per the Quebec holiday calendar.

Disclaimer of warranty and limitation of liability

Ad Valorem, its employees, its officers and its agents, assume no responsibility for errors, inaccuracies, omissions, incompleteness, or unsuitability of any of Advataxes. Advataxes may change anytime, and may not always be up-to-date. Advataxes is provided "as is". Ad Valorem will assume no liabilities regarding possible consequences or damages due to the use of Advataxes. There is no warranty that Advataxes is free of viruses and does not contain any harmful matter. Users will assume entire cost for service, repair and correction in case of harm done to their computers. There is also no warranty in case of failure of mechanical or electronic equipment or communication lines, unauthorized access, theft, operator errors, or services related problems out of Ad Valorem reasonable control. Services may be subject to some limitations, such as limits on disk storage space, volumes of calls, etc...

Intellectual property

Ad Valorem has copyrights over the software Advataxes which includes coding, tables, texts, information, pictures and logos. Use, reproduction, mirroring, storage, reverse engineering, selling, displaying, publishing, licensing, distribution, retransmission and creating derivative work of part or all of Advataxes without Ad Valorem' express written permission is strictly prohibited.

The following trademark: "AV", is the property of Ad Valorem, and the same prohibition as for copyrights applies. Ad Valorem will take legal or disciplinary actions in case of violations of copyrights and trademarks prohibition.

Compliance

Advataxes is the property of Ad Valorem Inc, a corporation located in Quebec, Canada. As such any agreement will be governed by the laws of the province of Quebec, Canada.