1.1. Welcome to Instant HST, an online application designed to make your work life easier,
provided by Branko Bulovan Business Services Inc. ("Branko"). Your access to and use of any and all Instant HST
versions and/or editions (including Instant HST mobile apps) is governed by and subject to the
following terms and conditions (the “Terms”). Branko may update the Terms from time to time
without notice to you; however, you can review the most current version of the Terms at any
time at: https://instanthst.ca by selecting the Terms and conditions link. Certain
services will be subject to additional posted licenses, purchase or subscription terms,
guidelines, or rules that may be modified from time to time. By checking the box entitled “I
have read and accepted [or ‘I accept’] the terms and conditions” and clicking “Sign up,”
“Create an account,” or “Sign up/in with Google” on the Instant HST registration page or by
using Instant HST, you acknowledge that you have read, understand and agree to be bound by the
Terms. If you do not agree with the Terms, exit the registration form and your access to
Instant HST will terminate.
- Branko's Provision of Instant HST
2.1. Branko will provide you access to Instant HST in accordance with these Terms. If you are
accessing Instant HST through a “paid user”, “mobile app only user”, or “free trial user”
account, you will have full access to the features of the respective Instant HST version and/or
edition while your account is active. Each “paid user” account holder can invite others to
participate or collaborate in projects or tasks originating from the “paid user” account, if
such feature is an applicable feature of the respective Instant HST version and/or edition. If
you have been invited to use Instant HST by a “paid user” account holder and access Instant HST
through an “invited user” account, you will have limited access to the features of the
respective Instant HST version and/or edition.
2.2. If you breach any of these Terms, as determined by Branko in its sole discretion, you
agree that Branko may disable access to your Instant HST account (“Your Account”); and you may be
prevented from accessing Instant HST or your account details, data, or other material that you
submit, post, or display on or through Instant HST (collectively “Your Material”) that become
part of Your Account.
2.3. If Branko discovers that Your Material violates these Terms or applicable legal
agreements, laws, regulations or policies, You agree that Branko may remove Your Material from
Your Account at its sole discretion.
2.4. Branko makes no promises as to the availability of Your Material or Instant HST or the
functionality of Instant HST.
- Your Use of Instant HST
3.1. In order to access Instant HST, you will be required to provide information about yourself
such as (but not limited to) your name, address, and billing details (if applicable). You
agree that any such information you provide to Branko will always be accurate, correct, and up
3.2. You agree that you are solely responsible for (and that Branko has no responsibility to
you or to anyone else for) your use of Instant HST, Your Material, your breach of any
obligations under the Terms, and for the consequences (including loss or damage of any kind
which you or Branko may suffer) of any breach of such obligations. You further agree to not
use Instant HST to store, host, or send unsolicited electronic messages. You further agree to
not use Instant HST to transmit any viruses, worms, or malicious content.
3.3. If you share access to your company on Instant HST, you agree that Branko
responsibility to you or to anyone else for your actions, or the actions of your accountant
or bookkeeper or anyone including, without limitation, their access to Your Account. You may withdraw
your accountant’s or bookkeeper’s or anyone access to Your Account at any time by visiting the
“Who Can Access” page in companies list, then clicking on “Delete Icon”.
3.4. You agree to use Instant HST only according to instructions and documentation that Branko
provides and only for purposes that are permitted by the Terms and any applicable law,
regulation or generally accepted practices or guidelines in the relevant jurisdictions.
3.5. You agree not to access (or attempt to access) Instant HST by any means other than through
the interface made available by Branko, unless you have been specifically allowed to do so in
a separate agreement with Branko. You specifically agree not to access (or attempt to access)
Instant HST through any automated means (including use of scripts, crawlers, or similar
3.6. You agree that you will not: (a) engage in any activity, or (b) use any of Your Material
in a way that interferes or disrupts Instant HST or any servers, networks, or websites operated
by Branko or any third party.
3.7. You agree You are responsible for and shall comply with any and all applicable tax laws,
including reporting and paying any taxes arising in connection with your use or purchase of
3.8. You represent and warrant to Branko that You have all the rights in, power to and
authority to enter into these Terms.
3.9. You agree that Branko owns all right, title, and interest in and to Instant HST, including
without limitation all applicable Intellectual Property Rights. “Intellectual Property
Rights” means any and all rights existing under patent, copyright, trade secret and
trademark law, unfair competition law, and any and all other proprietary rights
- Your Use of Instant HST with Your Mobile Device
4.1.Use of Instant HST may be available through compatible mobile devices and may require a data
plan. You agree that You are solely responsible for any such requirements, including any
applicable fees as well the terms of your agreement with your mobile device service
4.2. You understand and agree that not all Instant HST features and functionality may be
available on compatible mobile devices.
4.3. You further understand and agree that access to Instant HST is subject to your mobile
device service provider network availability and Branko is not responsible for the
availability of services from your provider, including any loss, damage, error, or failure
- License from Branko
5.1. Branko gives you a personal, worldwide, non-assignable, non-transferrable, and
non-exclusive license to use Instant HST for the sole purpose of enabling You to use and enjoy
the benefits of the respective Instant HST version and/or edition as delivered by Branko solely
in the manner permitted by the Terms, and in accordance with instructions and documentation
that Branko provides.
5.2. You shall not (and You shall not permit anyone else to): (a) copy, sell, license,
distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile,
reverse engineer, disassemble or otherwise attempt to derive source code from Instant HST; (b)
take any action to circumvent or defeat the security or usage rules provided, deployed or
enforced by any functionality
(including without limitation digital rights management or forward-lock functionality) on
Instant HST; (c) use Your Material to access, copy, transfer, transcribe or retransmit anything
in violation of any law or the rights of others; or (d) remove, obscure, or alter Branko’s
copyright notices, trademarks, or other proprietary rights notices.
5.3. Unless Branko has given you express and specific written permission to do so, You shall
not assign, transfer (by merger, acquisition, operation of law or otherwise), grant a
sub-license or a security interest in, your license to use Instant HST to someone else.
- License from You
Branko may provide you with a mechanism to provide feedback, suggestions, and ideas about Branko
One (“Feedback”). You agree that Branko may, in its sole discretion, use the Feedback in any
way, including but not limited to future modifications of Instant HST, multimedia works and/or
advertising and promotional materials relating thereto. You hereby grant Branko a perpetual,
worldwide, fully transferable, non-revocable, royalty free license to use, reproduce,
modify, create derivative works from, perform, distribute, and display for any purpose any
information You provide to Branko in the Feedback.
Instant HST may contain technologies that monitor, record and report to Branko information
regarding the use of Instant HST, including but not limited to information concerning the
devices used to access Instant HST; and the frequency, type and manner of use of Instant HST
(collectively, “Usage Data”). You agree that Branko may, in its sole discretion, collect and
use Usage Data to support, maintain, and improve Instant HST, and to enforce Branko’s rights
under the Terms. To the extent any Usage Data is personal
information within the meaning of applicable law, You hereby: (a) consent to Branko’s
collection, use and disclosure of such Usage Data for these purposes; and (b) represent and
warrant that You have obtained the consent of any individual to whom such Usage Data relates
to Branko’s collection, use and disclosure of such Usage Data for these purposes, or that the
consent of any such individuals is not required to be obtained under applicable law.
Branko disclaims any responsibility to provide any customer support for Instant HST except as
described at https://instanthst.ca/support/help/. Branko may change its customer support for Instant HST
at any time by updating the customer support description at https://instanthst.ca/support/help/.
You may contact customer support at https://instanthst.ca/support/contact/.
You hereby understand and acknowledge that if You
or Branko terminate Your Account (or if the time period of your subscription expires) customer support for Instant HST will no longer be available to You.
- Your password and account security
9.1. You are responsible for maintaining the confidentiality of passwords associated with
Your Account and agree to be responsible to Branko for all activities that occur under Your
Account, whether performed directly by you or by others.
9.2. If You become aware of any unauthorized use of your password or of Your Account, You
shall notify Branko immediately at firstname.lastname@example.org.
- Privacy and your personal information
10.1. For information about Branko’s data protection practices, please read Branko’s privacy
policy at https://instanthst.ca/privacy/. This
policy explains how Branko treats your personal information and protects your privacy when you
use Instant HST.
10.2. You agree that Branko may use Your Material, including any personal information you
provide, in accordance with Branko’s privacy policies.
10.3. Branko utilizes industry standard technology resources to maintain its high security
standards. You understand and agree that Your Material, including any personal information
you provide may be stored in countries outside of your country. You further understand and
agree that, to the extent required by applicable laws, rules, and regulations, it is your
responsibility to notify others that their data, as part of or incorporated in Your
Material, may be stored in countries outside of your and/or their country.
To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless
Branko, its affiliates and their respective directors, officers, employees and agents from and
against any and all claims, actions, suits or proceedings, as well as any and all losses,
liabilities, damages, costs and expenses (including reasonable attorney fees) arising out of
or accruing from your use of Instant HST, Your Material or your violation of these Terms.
12.1. Your Account is a license subscription. If you are accessing Instant HST as a “paid user,”
You agree that Branko may automatically collect the applicable fees from You for each
subscription term (month or year) in advance. If You provided a credit card upon sign up,
that credit card will be charged for each subscription term, until Your Account terminates
in accordance with Section 15 below. If You are accessing Instant HST as an “invited user” or “mobile app only
user,” Branko will not charge You a fee for accessing Your Account.
12.2. Branko may increase the fees for any and all Instant HST versions and/or editions at any
time by giving You not less than thirty (30) days prior notice. Any increase will become
effective on your next billing date after this thirty (30) day notice.
12.3. Branko will not issue a refund to You of any (pre-paid) monthly or yearly fees collected
amounts upon termination or cancellation of Your Account.
13.1. These Terms will remain in effect until you or Branko terminate the Terms as described
13.2. Termination by You:
a.) If You are accessing Instant HST as a “paid user” You may terminate these Terms and Your
Account by visiting the “Pofile Info” page in My Profile, then clicking on “View License,”
then “Cancel License,” then click the “Confirm” button. The termination will take effect at
the end of your pre-paid subscription term.
b.) If You are accessing Instant HST as an “invited user,” You may terminate these Terms and
Your Account by sending Branko an email from the email account used to register Your
Account to email@example.com with your request. The termination will take effect when
You receive a confirmation email from Branko.
13.3. Termination by Branko. Branko may at any time, terminate these Terms and Your Account if
Branko determines in its sole discretion that: (a) You have not paid or Branko is unable to
collect the applicable fees for Your Account when due; (b) You have breached any provision
of these Terms, (c) it is required to do so by law; (d) if using a trial user account the
time period of your trial has expired; or (e) it will discontinue operation of Instant HST.
Further, Branko may at any time, terminate these Terms and Your Account upon ninety (90) days’
prior notice to You.
13.4. In the event Your Account is terminated or if You are using a trial user account and
the time period of your trial expires: (a) You will not be able to access Your Account or
Your Material; and (b) You agree that Branko shall have no obligation to maintain or provide
You access or deliver to You any of Your Material. If You have a “paid user” account, Branko
retains the right to delete Your Account and Your Material in its systems or otherwise in
its possession or under its control at the end of the ninety-day period following
termination. If You are an “invited user” or a “trial user,” You will no longer be able to
access Your Account or Your Material and Branko will have no obligation to retain any such
material beyond 90 days after your last login.
13.5. Notwithstanding termination of these Terms, the following sections will remain in force
against you and Branko: 2-6, 10, 12.3, 13.4, 13.5, and 14-18.
- DISCLAIMER OF WARRANTIES
14.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF INSTANT HST AND ANY CONTENT OBTAINED
THROUGH INSTANT HST IS AT YOUR SOLE RISK AND THAT INSTANT HST IS PROVIDED “AS IS” AND “AS
AVAILABLE” WITHOUT WARRANTY OF ANY KIND. BRANKO DOES NOT WARRANT THAT INSTANT HST IS FREE OF
BUGS, VIRUSES, IMPERFECTIONS, ERRORS, OR OMISSIONS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, BRANKO FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED WITH RESPECT TO INSTANT HST AND ALL OF YOUR MATERIAL, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF AVAILABILITY, RELIABILITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BECAUSE USE OF INSTANT HST AND ALL OF YOUR
MATERIAL IS AT YOUR SOLE RISK, BRANKO IS NOT RESPONSIBLE FOR AND YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTERS, NETWORKS, MOBILE AND OTHER DEVICES, AND LOSS OF DATA THAT
MAY RESULT FROM SUCH USE.
14.3. YOU EXPRESLY UNDERSTAND AND AGREE THAT INSTANT HST IS NOT FAULT-TOLERANT AND IS NOT
DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE,
INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, LIFE-SUPPORT MACHINES, OR ANY
OTHER APPLICATION IN WHICH THE FAILURE OF INSTANT HST COULD LEAD DIRECTLY TO DEATH, PERSONAL
INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, “HIGH RISK ACTIVITIES”). BRANKO
EXPRESSLY DISCLAIMS ALL, WHETHER EXPRESS OR IMPLIED, WARRANTIES OF FITNESS FOR HIGH RISK
- LIMITATION OF LIABILITY
15.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRANKO AND ITS SUBSIDIARIES AND AFFILIATES SHALL
NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY
(WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE)) FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT YOU MAY INCUR THROUGH USE OF INSTANT HST AND
ANY OF YOUR MATERIAL ACCESSED OR OBTAINED FROM INSTANT HST, WHETHER OR NOT BRANKO OR ITS
REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH
15.2. BRANKO’S SOLE LIABILITY TO YOU FOR DIRECT DAMAGES ARISING OUT OF YOUR RELATIONSHIP WITH
BRANKO BECAUSE YOU HAVE ACCESSED OR USED INSTANT HST IS LIMITED TO TWO HUNDRED DOLLARS
- Changes to the Instant HST
16.1. Branko may change, revise, update, or otherwise modify the features and functionality of
any and all Instant HST versions and/or editions. You may reject these changes by discontinuing
use of Instant HST and terminating Your Account.
16.2. You understand and agree that if You use Instant HST after such changes, You will be
deemed to have agreed to the changes and your continued use of Instant HST will be subject to
and governed by these Terms.
- Changes to the Terms
17.1. Branko may change these Terms from time to time. When these changes are made, Branko will
make the updated version of the Terms available at https://instanthst.ca/terms/, to view select the Terms and
17.2. You understand and agree that if You use Instant HST after the date on which the Terms
have changed, You will be deemed to have agreed to the changes and your continued use of
Instant HST will be subject to and governed by the updated Terms.
- General Terms
18.1. These Terms, along with anything referenced herein, constitute the entire legal
agreement between You and Branko and govern your use of Instant HST. The Terms completely replace
any prior agreements between You and Branko in relation to Instant HST.
18.2. To the fullest extent permitted by law and consistent with valid entry into a binding
agreement, the controlling language of these Terms is English and any translation You have
received has been provided solely for Your convenience. In the event You have agreed to
these Terms by means of the display of a translated version of these Terms in a language
other than English, You may request an English language version of these Terms by notice to
Branko. To the fullest extent permitted by law, all correspondence and communication between
You and Branko under these Terms must be in the English language.
18.3. As a user of Instant HST, You assume the responsibility for the selection of Instant HST as
being appropriate for Your purposes. You understand and agree that: (a) You are solely
responsible for the content and accuracy of all reports, invoices and documents prepared
with Instant HST; (b) using Instant HST does not relieve You of any professional obligation
concerning the preparation, review, storage and retention of such reports, invoices and
documents; (c) You do not rely upon Branko or Instant HST for any advice or guidance regarding
the appropriate tax treatment of items reflected on such reports, invoices or documents; (d)
You will review any calculations made by using Instant HST and satisfy Yourself that those
calculations are correct; and (e) Branko’s customer support is designed to offer technical
support for issues regarding the features and functionality of Instant HST in the supported
browser environments only.
18.4. You understand and agree that some third party products marketed, integrated, and/or
available with Instant HST may be subject solely to terms and conditions of the respective
third party product and not to these Terms. You acknowledge and agree that under no
circumstances shall Branko be
responsible or liable in any way for the availability and/or functionality of services or
products offered, or the content located on or through, any such third party product. You
further acknowledge and agree that under no circumstances shall Branko be responsible or
liable in any way, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such functionality, content, goods
or services available on or through any such third party product. Branko may withdraw access
to such third party products via Instant HST at any time without notice.
18.5. You authorize Branko to send You information about Branko products and services, including
but not limited to marketing and promotional material, via facsimile, email, telephone, and
other reasonable means. If you do not wish to receive information from Branko, please contact
18.6. You agree that any failure by Branko to exercise or enforce any legal right or remedy
contained in these Terms (or which Branko has the benefit of under any applicable law), will
not constitute a waiver of Branko’s rights and that those rights or remedies will still be
available to Branko.
18.7. If a court finds that any provision of these Terms (which includes any updated Terms)
is invalid, then that provision will be removed from the Terms without affecting the rest of
the Terms. The remaining provisions of the Terms will continue to be valid and
18.8. These Terms and your relationship with Branko under these Terms shall be governed by the
laws of the State of California without regard to its conflict of laws provisions. You and
Branko agree to submit to the exclusive jurisdiction of the courts located within Orange
County, California to resolve any legal matter arising from these Terms and your use of Branko
One. Notwithstanding this, with regard to the use of a Instant HST Canadian Edition, if the
primary use of the Instant HST Canadian Edition is in Canada, these Terms and your relationship
with Branko under these Terms shall be governed by the laws of the Province of British
Columbia without regard to its conflict of laws provisions. You and Branko agree to submit to
the exclusive jurisdiction of the courts located within Vancouver, British Columbia to
resolve any legal matter arising from these Terms and your use of a Instant HST Canadian
Edition primarily in Canada. In any and all instances, the United Nations Convention on
Contracts for the International Sales of Goods shall not apply to these Terms.
Notwithstanding the foregoing, you agree that Branko shall still be allowed to apply for
injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. In
addition, you agree that any cause of action or claim will be litigated individually and
that you will not consolidate or seek class treatment for any claims.
18.9. Quebec. With regard to Quebec, the parties declare that they have required that the
Terms and all documents related hereto, either present or future, be drawn up in the English
language only. Les parties déclarent par les présentes qu'elles exigent que cette entente et
tous les documents y afférents, soit pour le présent ou l'avenir, soient rédigés en langue
18.10. Instant HST is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Canada Government (including its agencies and instrumentalities) as applicable. The manufacturer is Branko
located at 23 1/2 Camden Street, Toronto, Ontario M5V1V2.