Terms And Conditions
- Introduction
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 to date.
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 has no 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 technologies).
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 Instant HST.
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 worldwide.
- 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 provider.
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 to transmit.
- 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.
- Monitoring
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.
- Support
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 help.sageonena@sage.com.
- 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.
- Indemnification
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.
- Fees
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.
- Termination
13.1. These Terms will remain in effect until you or Branko terminate the Terms as described below.
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 info@instanthst.ca 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 ACTIVITIES.
- 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 DAMAGES.
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 (US$200.00)
- 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 conditions link.
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 Customer Service.
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 enforceable.
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 anglaise seulement.
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.