STANDARD TERMS OF BUSINESS
The following comprises the standard terms and conditions governing the relationships between (1) Property Tax International Ltd (the “Agent”) and (2) the person(s) or entity to which the Agent provides or is to provide services (the “Client”).
The Client gives the undertakings and indemnities set out herein in consideration for the Agent agreeing to provide the Services to the Client.
These terms and conditions contain all of the terms agreed between Agent and Client, regarding its subject matter and supersedes any prior agreement, understanding, arrangement, between them whether verbal or otherwise.
1. The Agent’s duties
1.1 The Agent is appointed to act by the Client on the Client’s behalf and its duties are owed solely to the Client on the basis of these Terms and Conditions. The Agent will provide the Services (or such other services as may be agreed in writing between the Client and the Agent) with reasonable skill and care in all cases as soon as reasonably practical.
1.2 The agent is appointed to act by the client and provide advice only on the tax law for the jurisdiction(s) as selected by the Client as set out in the schedule. It is therefore an express condition of these terms and conditions that an application submitted by the Client will only cover one tax jurisdiction, unless otherwise stated in writing. Where the Client wishes the Agent to act on its behalf in the foreign tax jurisdiction and the Client’s resident/domiciled tax jurisdiction, then a separate application will be required for this, which will be subject to a separate fee.
1.3 The Client agrees that in connection with the provision of the Services, the Agent may be required to contact such third parties necessary to complete the service requested.
1.4 There shall be no contract, verbal or otherwise, and therefore no duty on the proposed Agent until, the prospective Client has submitted to the prospective Agent, all of the necessary documentation including but not limited to the completed application form, and then, that the acceptance of such completed forms and related documentation has been communicated in writing to the prospective client.
2. The duties of the Client
2.1 The Client agrees to provide to the Agent such information, records and financial statements (including correspondence with the relevant Tax Authorities) as the Agent considers necessary in order to ensure that the Client complies with the law of the respective country and to enable the Agent to perform its duties to the standard imposed by the applicable laws. All Tax Returns are made on the basis of full and accurate disclosure by the client. No further audit of information will be carried out.
2.2 The Client agrees to provide all information in a timely manner to enable the Agent to perform its duties.
2.3 The Client agrees to notify the Agent of any changes in the client’s circumstances which will impact the Agent’s ability or willingness to complete its duties or any matter that is material to the management or affairs of the Client.
2.4 The Client accepts that it is ultimately responsible for all its tax affairs including tax returns submitted on behalf of the Client by the Agent.
2.5 Except for normal communications (directly related to this particular tax return) between the Agent and the relevant tax authority in the reporting jurisdiction, all other communications including but not limited to investigations by the relevant tax authorities into the financial affairs of the Client for whatever reason, shall be a matter for the Client.
2.6 Should the Client wish for the Agent to act on its behalf in relation to such enquiries, investigations, Revenue Audits or otherwise, then the Client must complete separate written request to do so. Such services maybe provided under separate terms and conditions.
3. Fees and invoicing arrangements
3.1 A schedule of the Agent’s charges and valid period of the contract are set out in the attached Service Agreement. Subject to any contrary agreement in relation to annual or other periodic charges the Agent shall be entitled to vary such fees by not less than 30 days notice in writing to the Client.
3.2 The Client agrees forthwith on request to indemnify the Agent in respect of all and any liabilities, costs or expenses incurred by the Agent in the course of providing the services described in the Schedule. The Agent will not be required to incur any expenses or make any payments in the course of providing the Services unless the Agent has received sufficient funds in advance.
3.3 Fee notes (including disbursements incurred on behalf of the Client) will be issued to the Client per schedule set out in the attached Service Agreement. The Client agrees to pay and discharge any such invoice forthwith on demand. In the event that it remains unpaid 30 days after the due day for payment, interest @ Euribor + 5% will be charged.
3.4 Client should lodge the outstanding fee amount to the Agent’s bank account upon receiving confirmation from the Agent that the complete set of necessary documents have been received in our office and have been reviewed. An invoice will be issued before proceeding.
3.5 Client should transfer the amount of the outstanding taxes along with the applicable fee after receiving from the Agent a quote of the outstanding sum.3.6 The Client will be liable to pay the bank transfer fees should a fee be applicable.3.7 Where Client withdraws an application for whatever reason, after it has been submitted to the Agent, the Agent shall be entitled to issue a fee note for the services rendered up to that point.
3.8 The Agent reserves the right to charge a supplementary fee for additional work incurred on files that have been received at its office from a Client after the Agent’s set deadlines.
3.9 All of our fees are subject to Irish V.A.T. (Value Added Tax) at the standard rate of 21%.
4. Liability
4.1 The Agent shall not be held liable for damages where they result from demands, actions and penalties, made and/or suffered, and/or arising as a consequence of the infringement of duties by a Client, and/or as a consequence of orders issued by a Client, and, in particular, where demands, actions or penalties were made and /or suffered due to a Client submitting or authorising the submission of unauthorised and/or false and/misleading tax information. In all cases, the Client shall be responsible for the payment of additional taxes and/or penalties, and/or the repayment of any related refunds to the relevant Tax Authority in such cases.
4.2 The Agent shall only be liable for the loss or damage of documents resulting from the act of negligence on the part of the Agent. Hence, where the loss or damage of a document is a result of an act of negligence on the part of the Agent, the Agent shall be obliged to procure a copy of the document and deliver it to the Client.
4.3 The Agent will notify the Client of its internal deadlines and the Tax Authority’s deadlines. The Agent will not be responsible for any liabilities arising from late filing where the client submits information or documentation to the Agent after the internal deadlines.
4.4 Both parties will be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or any other cause beyond the reasonable control of the parties.
4.5 Force Majeure. The Agent shall not be under any liability of whatever kind for non performance in whole or in part of its obligations under these Terms and Conditions due directly or indirectly by reason of any causes beyond the control of itself, or of such third parties as referred to in para 1.3 above, including, but not limited to, acts of any Government or agency thereof; Government regulations; judicial actions; strikes; lockouts; sabotage; insurrection; embargoes; riot or other act of civil disobedience; armed conflict; accident; fire; explosion; flood; tempest; delay in delivery to the Agent and/or its third parties (para 1.3) of any relevant information, forms, notices, documentation; computer failure; telecommunications and or technical failures (including telephone and internet); acts of God; or any other matter whatsoever beyond the control of the Agent. In such events the Agent may, without liability, cancel or vary the terms of contract including but not limited to extending the time for performing the contract.
5. Information and confidentiality
5.1 The Agent agrees that where the Client gives it confidential information it shall use all reasonable endeavours to keep it confidential.
5.2 Without prejudice to the said duty of confidentiality, the Agent reserves the right to act for other clients (including competitors of the Client).
5.3 If the law of the country of the property location or the law of the country/ies of the Client’s fiscal residence requires disclosure of certain information to governmental or regulatory agencies, or as directed by the order of any Court, compliance shall not constitute a breach of the Agent’s duty of confidentiality. The said duty of confidentiality is subject to the Agent complying with any Court order or regulatory requirement to the contrary.
5.4 Any report, Schedule, information or advice the Agent gives to the Client during this engagement is given in confidence solely for the purpose of this engagement and is provided on condition that the Client undertakes not to disclose the same, or any other confidential information made available to the Client by the Agent without its prior written consent.
5.5 The Agent shall not in any event be required or obliged to take any action which it considers to be unlawful or improper or which may cause it or any person to incur any personal liability and the Client agrees that the Agent shall not be liable for refusing to take any such action.
6. Notices
6.1 Any notice or other document to be served under this Agreement must be in writing and may be delivered by hand or sent by pre-paid Schedule post or facsimile transmission, or e-mail to the party to be served at that party's address as set out in the Schedule (or as varied from time to time by notice in writing in accordance herewith from time to time).
6.2 The Client hereby authorises the Agent to communicate with him/her/them by unencrypted electronic mail and agrees that the Agent shall have no liability for any loss or liability incurred by the Client by reason of the use of electronic mail (whether arising from viruses or otherwise) and hereby release the Agent from any such liability. The Agent shall not be liable for any loss or damage caused by the transmission by it of an infected email.
6.3 The Agent will not accept instructions or recommendations given by means of mobile telephone text message, in any circumstances.
7. Termination of Services
7.1 This Agreement may be terminated by the Agent or the Client giving 30 days written notice (or such shorter notice as the other parties may agree to accept) to the other party whereupon this Agreement and the obligations of the parties (save as set out in clauses 3, 4 and 5 in respect of certain Liabilities) cease and terminate.
7.2 This Agreement may be terminated with immediate effect by notice in writing by either the Client or the Agent in the event that: the other party commits any material breach of its obligations under this agreement or under any other agreement between the parties; or the other party goes into liquidation (except for the purpose of a bona fide solvent amalgamation or re-organisation) or is declared bankrupt; or a bankruptcy petition is presented against him or a receiver or agent is appointed in respect of it or any encumbrancer takes possession of a material part of the property of the other party or execution is levied in respect of the other party’s assets; anything similar to any of the foregoing occurs in relation to the other under the law of any jurisdiction. invoices raised by the Agent remain unpaid 30 days after issue.
7.3 The Agent shall be entitled to terminate this Agreement with immediate effect by written notice to the Client in the event that any legal proceedings are commenced against the Client (including any injunction or investigation proceedings).
7.4 Termination shall be without prejudice to any rights or liabilities of any party either arising prior to termination or arising in respect of any act or omission occurring prior to termination.
7.5 Upon the termination of this Agreement, the Agent shall deliver to the Client or to whom it may direct all books of account, correspondence and records relating to the affairs of the Client which are the property of the Client and which are in the Agent’s possession.
8. Severability
8.1 All of the terms and provisions of the Terms and Conditions are distinct and severable, and if any term or provision is held unenforceable, illegal or void in whole or in part by any court, regulatory authority or other competent authority, it shall to that extent, be deemed not to form part of these Terms and Conditions, and the enforceability, legality and validity of the remainder of these Terms and Conditions will not be affected; provided that in any case, where as a result of the operation of this clause, the rights and or obligations of either the Agent and or the Client are materially altered to the detriment of that party, then, that party may terminate the Services within 30 days of the relevant decision of the relevant court, regulatory authority or other competent authority.
9. Headings
9.1 The heading used in these Terms and Conditions are for convenience purposes only and shall have no effect on the interpretation thereof.
10. Governing law
10.1 These Terms and Conditions and the applicable contracts, which are subject to these Terms and Conditions, shall be governed and construed in all respects in accordance with the laws of the Republic of Ireland and the Irish courts shall have exclusive jurisdiction to hear and determine any dispute arising out of or in connection with these Terms and Conditions or the applicable contracts, which are subject to these Terms and Conditions, and the Client irrevocably waives and agrees to waive any objection which it may have now or subsequently to the laying of the venue of any proceedings in the Irish courts and any claim that any such proceedings have been brought in an inconvenient forum and further irrevocably agrees that a judgement in any proceedings brought in the Irish courts will be conclusive and binding upon the Client and may be enforced in the courts of any jurisdiction.
Disclaimer
The information contained in or available from this site is intended as a guide only. Specific advice should always be sought on the application of the relevant legislation in any particular situation.While Property Tax International Limited (PTIL) makes every effort to ensure its accuracy, PTIL, its shareholders, directors and or staff, take no responsibility or liability for any inaccurate, delayed or incomplete information, nor for any actions taken in reliance thereon.
Click on the relevant link below to learn more about your tax obligations in the country of purchase:
|
