FileSimple > Terms of Service and Privacy

Terms of Service

 

OVERVIEW

 

This website is operated by FileSimple. Throughout the site, the terms “we”, “us” and “our” refer to FileSimple. FileSimple offers this website, including all information, tools and services available from this site to you, the user (or ‘client’), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 - ONLINE SITE TERMS

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time.

 

You understand that your content is only encrypted when using the appropriate channels provided by FileSimple, such as using your user login into the client portal. Communication by email is not recommended.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our services are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


 

SECTION 5A - SERVICES GENERAL

 

Certain services may be available exclusively online through the website.
 

We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the any services that we offer. All descriptions of services or service pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited.

 

SECTION 5B - PREPARATION SERVICES

 

Tax Preparation. A Tax Specialist will, assist you in preparing each tax return you request, for a fee per return and any additional associated fees. Some tax situations may not qualify or be eligible for our Services.

 

Supporting Documentation. You will be required to upload and provide FileSimple with access to all necessary supporting tax documentation as indicated or requested by the Tax Specialist. Certain documents require your signature prior to being sent to us. You are encouraged to maintain a copy of your final tax return and supporting documentation.

 

Restrictions. You are not licensed or permitted under this Agreement to do any of the following: (i) attempt to access any of our systems, programs, or data that are not made available for public use; (ii) prepare tax returns, schedules or worksheets on a professional or commercial basis (i.e., for a preparer's or other fee); (iii) copy, reproduce, republish, upload, post, transmit, resell, distribute, or re-distribute the material from the website; (iv) use the Services for a tax return in Quebec. The Services shall be provided in the English language only.

 

Payment for Services. Only after payment is completed, your Tax Specialist will provide your prepared Tax Return and submit your return to the CRA through the EFILE service. You may withdraw from the services at any time up until payment is completed. All fees and charges and non-refundable once services are rendered and your return has been electronically filed.

 

Documentation Storage. You will be provided with a PDF copy of your return. Except to the extent required by applicable law, FileSimple has no obligation to store or maintain any tax return files beyond the required period. However, FileSimple may be required by law or otherwise to retain certain documents, even if you choose not to complete your return. Notwithstanding any statement to the contrary, you can delete your tax return file at any time by notifying FileSimple, after which it will no longer be available to you.

 

Any electronic storage services are provided as complementary and we cannot provide any guarantees related to the storage of your documentation on our platform.

 

Availability of Services. FileSimple is not responsible for the late filing of your tax return - you acknowledge that you should file your tax return as early as possible to meet any filing deadlines. You acknowledge that the sole means to ensure that you have an up-to-date record of your tax return file is for you to print and/or download your tax return file upon becoming a paid user and after making any modifications thereto. FileSimple will not be responsible or liable for your failure to do so.


 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any service order you place with us. We may, in our sole discretion, limit or cancel services. In the event that we make a change to or cancel a service, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided.

 

You agree to provide current, complete and accurate purchase and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


 

SECTION 7 - THIRD PARTY TOOLS AND SERVICES

 

We provide you with access to third-party tools and services over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from failure by a third-party.

 

Use by you of third-party tools is entirely at your own risk and discretion and you approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

FileSimple uses third-party tools and technology to deliver our service. You also agree, where applicable, to the terms for third-party tools and services. Some example include:

  1. Zoom Video Conferencing: https://www.zoom.us/terms

  2. Sharefile (client file sharing portal): https://www.citrix.com/content/dam/citrix/en_us/documents/buy/enterprise-saas-eusa.pdf

  3. Calendly (appointment scheduling): https://calendly.com/pages/terms

 

This is not an exhaustive list and provided only for convenience here. From time to time we change or add to the tools we use in delivering our service, you agree to these terms when applicable.


 

SECTION 8 - THIRD-PARTY LINKS

 

Certain content and services available may include materials from third-parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


 

SECTION 10 - PERSONAL INFORMATION

 

Your submission of personal information through the site and/ or through the service is governed by our Privacy Policy. Please view our Privacy Policy.


 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have initiated a service).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
 

SECTION 12 - PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


 

SECTION 13A - FILESIMPLE GUARANTEES

 

Service Satisfaction Guarantee: If you are unsatisfied with our service you may cancel at any time until your return is shared with you or submitted via EFILE, and no payment will be required. If you choose to cancel the service, your completed return will not be shared with you nor filed with the CRA.

 

Maximum Refund Guarantee: If you obtain a larger refund, or lower taxes owed, using another tax preparation service, we will refund the related fees you paid for our service. This is subject to meeting ALL the following conditions:

  1. You provided FileSimple identical information

  2. Your cooperation in allowing FileSimple to verify the other return (ie. you must share the other return prepared).

  3. This guarantee does not apply to differences attributable to rounding or to differences under $5.

 

100% Accuracy Guarantee: we will reimburse you the penalty and the interest amounts up to the date of your Notice of Assessment or Reassessment, to a maximum of $1000 Canadian Dollars (lifetime maximum). This is subject to the following conditions and exclusions:

  1. This guarantee does not apply to calculation errors due to mistakes in the Revenue Agencies' documentation or tables.

  2. You disclosed complete and accurate information relevant to the preparation of your return. FileSimple will not be responsible for errors or omissions from the client.

  3. Your cooperation in investigating the penalty or interest amount, including providing necessary documentation.

  4. Cooperation with FileSimple, if at our discretion, we work with the CRA to reduce or remove any interest and penalties on your return.

  5. This Guarantee applies only when you file by the first CRA personal filing deadline (for example by April 30, 2019 for your 2018 personal tax return)

  6. If you believe that this guarantee applies to your return, you must notify us by email at contact@filesimple.ca as soon as you learn of the mistake and within 30 days of the date on the Notice of Assessment or Reassessment. You must attach a copy of the Notice of Assessment or Reassessment to your email.

 

All above guarantees are void if any part of the Terms of Service have been violated.

 

SECTION 13B - LIMITATION OF LIABILITY

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

In no case shall FileSimple, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless FileSimple, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 - SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


 

SECTION 16 - TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


 

SECTION 17 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 - GOVERNING LAW

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ontario, Canada.


 

SECTION 19 - CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


 

SECTION 20 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at contact@filesimple.ca.