Terms of Use & End-User Licence Agreement

These Terms of Use and End-User Licence Agreement govern access to ndsconsulting.ca, the NDS client portal, calculators, forms, downloadable materials and related online services operated by NDS Consulting Inc. (“NDS,” “we,” “us”). By accessing or using them, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the services.

These Terms do not replace a signed engagement letter, statement of work, fee agreement, retainer or other written client agreement. If they conflict, the signed client agreement governs the professional engagement.

You must have legal capacity to agree to these Terms. If you use the services for another person or organization, you represent that you are authorized to act for them.

You are responsible for accurate account information, protecting your Google account and devices, and all activity under your account. Notify NDS promptly of suspected unauthorized access. NDS may require identity or authority verification before relying on instructions or releasing information.

NDS grants you a limited, personal, revocable, non-exclusive and non-transferable licence to use its website and portal for lawful evaluation, communication and receipt of NDS services.

You must not access another person’s information; upload unlawful, malicious or infringing material; bypass security; scrape, reverse engineer or disrupt the services; impersonate another person; or use NDS content to train, benchmark or operate an automated system without written permission.

Browsing the website, using a calculator, sending an inquiry, uploading a file, booking a call or receiving a preliminary response does not by itself create an accountant-client, tax adviser-client, lawyer-client, fiduciary or other professional relationship. An engagement begins only after NDS accepts it in writing and any required identity, conflict, scope and payment conditions are satisfied.

See the Professional Disclaimer, which forms part of these Terms.

You are responsible for providing complete, accurate and timely information, reviewing drafts and filings, meeting deadlines, retaining original records, and notifying NDS of changes. NDS may rely on information and instructions reasonably believed to be authentic and may pause work when information, authorization or payment is missing.

An upload confirmation means only that a file was received. It does not mean the file is complete, accepted, reviewed or filed with a government authority.

You consent to transact electronically and to receive notices, records, requests and service communications through the website, portal, email, telephone or other agreed electronic means. Electronic communications can be delayed, intercepted, misdirected or corrupted. Do not send passwords, banking credentials or sensitive identifiers through ordinary email or public inquiry forms.

You represent that you are authorized to upload every document. Electronic records, click acceptance and electronic signatures may be used to evidence your instructions and consent, subject to applicable law. You may withdraw consent to electronic delivery by contacting NDS, but doing so may limit online services and does not affect prior actions.

Fees, deposits, recurring charges, refunds, cancellation terms and applicable taxes are governed by the checkout terms or written engagement presented for the service. Unless expressly stated otherwise, displaying a service does not guarantee availability or fix a fee.

You authorize the payment provider to process approved charges. NDS does not receive your full payment-card credentials. Charge disputes do not suspend undisputed payment obligations.

The website, portal, branding, text, designs, methods, software and general materials are owned by or licensed to NDS and protected by Canadian and international intellectual-property laws. Except for the limited licence above, no rights are transferred.

Subject to a client agreement, you retain rights in documents you provide. You grant NDS permission to host, copy, process and transmit them as reasonably necessary to provide, secure and administer the requested services.

The services may rely on or link to third parties, including Google sign-in, scheduling, payment, hosting and government websites. Their terms and privacy practices apply separately. NDS does not control third-party availability, content or decisions and is not responsible for them except where applicable law requires otherwise.

NDS may modify, maintain, limit or discontinue online features and may suspend access to protect users, comply with law, investigate misuse, address non-payment or enforce these Terms. You may stop using the services at any time and request account assistance. Provisions intended by their nature to survive termination will survive.

To the maximum extent permitted by applicable law, online services are provided “as is” and “as available,” without guarantees of uninterrupted access, error-free operation, fitness for a particular purpose or any specific tax, legal, financial, regulatory or business result.

To the maximum extent permitted by law, NDS will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, lost profits, lost opportunity, loss of data or losses caused by inaccurate or late client information, third-party systems or events beyond reasonable control. Any limitation in a signed engagement governs the professional work. Nothing in these Terms excludes liability that cannot lawfully be excluded, or limits rights under applicable consumer-protection law.

To the extent permitted by law, you will indemnify NDS and its personnel against third-party claims arising from your unlawful use, unauthorized documents, infringement, misrepresentation or breach of these Terms, except to the extent caused by NDS’s own breach, negligence or wilful misconduct.

These Terms are governed by the laws of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. Subject to mandatory law, the courts located in Ontario have exclusive jurisdiction. Before commencing a claim, the parties should first attempt in good faith to resolve the matter through written notice and discussion.

NDS may update these Terms prospectively by posting a new date and, where required, providing notice or obtaining consent. Continued use after an effective update constitutes acceptance where permitted by law.

Questions may be sent to privacy@ndsconsulting.ca or NDS Consulting Inc., 7 Duke Street West, Suite 204, Kitchener, Ontario N2H 6N7, Canada.