• Client Document Hub Terms & Conditions

Client Document Hub Terms & Conditions

 

BDO Auckland Client Document Hub Terms of Use

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This BDO Auckland Client Document Hub Terms of Use Agreement (“Agreement") is made by and between BDO Auckland (“Firm") and the registered user (“User” or “You”) effective on the date the User activates and completes the registration.

Acceptance of Terms of Use

The Firm’s Client Document Hub is offered to you conditioned upon your acceptance of the terms, conditions, and notices contained herein.  By using the Client Document Hub you agree to these terms and conditions.  The Firm may modify, suspend, discontinue or restrict the use of any portion of the Firm’s Client Document Hub, including the availability of any portion of the content at any time, without notice or liability.

This agreement, as amended from time to time, govern your use of the BDO Auckland Client Document Hub and apply when you use, access the Document Hub, regardless of the technology you use to access any documents or content in this Document Hub.

If you disagree with any part of these terms and conditions, you shall not be permitted to use the BDO Auckland Client Document Hub.

Purpose

The Firm provides a voluntary Client Document Hub (secure internet site) to permit easy and secure electronic transfer of documents and Content between you and the Firm. This facility provides you for a limited period of time ongoing access to certain documents or content (may include confidential documents) created or maintained by the Firm. The Firm has sole discretion to decide which types of documents can be uploaded or viewed on the Client Document Hub.

Description of Service

The Firm’s Client Document Hub provides authorised clients with access to information displayed on the Client Document Hub for deliveries of documents and communications for their account only.  The information, documents, and communications on the Client Document Hub are provided as a resource to clients and may be used for informational purposes only.  The information contained on this site should NOT be used as a substitute for consultation with professional accounting, tax, legal, or other competent advisors.

The Client Document Hub provides the ability for two way communication between you and the Firm and serves exclusively as a secure environment to transmit documents back and forth.  Documents and other content being transmitted from the Firm to you will only remain available on the site for a limited period of time, at which time they will be automatically deleted.  Documents being transmitted from you to the Firm will not be stored on the Client Document Hub and is only used to transmit them to the Firm.

The Firm’s Client Document Hub is hosted by third party provider and you agree to the terms and conditions of use from the third party supplier when you register. Refer to https://www.virtualcabinetportal.com/termsandconditions

You agree that you are duly authorised to sign the documents through the Client Document Hub for an on behalf of the relevant entities.  You will inform the Firm immediately if and when you are no longer authorised to sign on behalf of the relevant entity.

You hereby agree to have all actions in relation to use of the Client Document Hub audited in such a manner that the official time for all transactions, including electronically signing or approving documents will be timestamped and recorded by this service.

Where the documents require your signature, you will be presented with the document and an option to sign the document. By electronically signing the document, your credentials will be attached to the document and will include your computers unique Internet Protocol address, time of signing and your login identification.  Where multiple signatures are required, this attachment will record the credentials for all signatories.

The Firm strongly recommends that you download and manually sign documents where such signatures require a witness.

Service Availability

The Firm will use its best efforts to provide 24 hour daily availability of the Client Document Hub. However, the Firm makes no representation or warranty that 24 hour service will be available. You agree and acknowledge that the Client Document Hub will, at times, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures. 

The Firm shall not be responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Client Document Hub. The Firm is not responsible for any problems or technical malfunctions of any telephone or network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail to be received by the Firm on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any fault or damage to your computer or peripherals related to downloading any materials in from the Client Document Hub.

It is your responsibility to store and back up any material from the Client Document Hub that you require for your records. The Firm does not guarantee any minimum time that material will be held on the Client Document Hub.

It is your responsibility to ensure that your IT systems remain compatible with the Client Document Hub. Any failure to do so may result in you being unable to access the Client Document Hub.

User Password and Security

Using the Client Document Hub and its related services requires the use of a user name and password.  You agree to keep your user name and password absolutely confidential and they are for your own use only. Any activities that occur under your username are your responsibility.  The use of another person’s username and password is expressly prohibited.

You acknowledge that the use of username and password is an adequate form of security.  You are solely responsible for:

(1)          authorizing, monitoring, controlling access to and maintaining strict confidentiality of your user name and password,

(2)          not allowing another person to use your username or password,

(3)          any changes or damage that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password, and

(4)          promptly informing the Firm in writing of any need to deactivate a username due to security concerns or otherwise.

The Firm is not liable for any harm related to the misuse or theft of usernames or passwords, disclosure of usernames or passwords, or your authorisation to allow another person or entity to access and use the Firm’s Client Document Hub using your username or password. You shall immediately notify the Firm of any unauthorised use of your username or password and any breach of confidentiality. You will be held liable for any harm ensuing from the use of your username on the Firm’s Client Document Hub.

The Firm will use its best efforts to make the Client Document Hub secure from unauthorised access. The Client Document Hub server operating system and applications software will be updated and virus-scanned regularly.   The firm makes no warranty, express or implied, regarding the efficacy of the security of the Client Document Hub and shall never be liable for any claimed actual or consequential damages arising from any breach or alleged breach of security of the Client Document Hub.

You must use all reasonable efforts (including up to date virus, spyware and malware protection software) to ensure that you do not introduce any spyware, malware, Trojans or disabling code (“virus”) into the Client Document Hub or the Firm’s IT environment through your use of the Client Document Hub or any documents that you upload to the Client Document Hub.

If any virus is identified in the Client Document Hub or the Firm’s IT environment and you are clearly determined to have introduced (or enabled the introduction of) that virus into the Client Document Hub or the Firm’s IT environment, you will meet the reasonable costs of removing that virus.

Termination of Logon Account

You agree to notify the Firm immediately when your account is to be terminated. The Firm will make every effort to terminate access immediately.  However, you cannot be assured that access has been terminated until you receive confirmation of the termination from the Firm. The Firm reserves the right to grant or revoke access to all or parts of this Client Document Hub.

Accuracy of Content and Liability Disclaimer

The use of the Client Document Hub is solely at your own risk on an “as is available” basis. To the maximum extent permitted by applicable law, all such information, software, documents, and communications are provided without warranty or condition of any kind.  The firm and its suppliers hereby disclaim all warranties and conditions with regard to such information, software, documents, and communications, including without limitation, all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the firm, or its suppliers, be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages whatsoever, including without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with your use or the performance of the Client Document Hub, with the delay or inability to use the Client Document Hub or related services, whether based in contract, tort, negligence, strict liability, or otherwise, even if the firm or its suppliers has been advised of the possibility of damages.

The use of this Client Document Hub does not give rise to a client relationship. A client relationship shall only arise upon our mutual agreement in writing.

If you are dissatisfied with any portion of the Client Document Hub, information, documents, or communications on the Client Document Hub, or with any of these terms and conditions of use, your sole and exclusive remedy is to cease using the Client Document Hub and the information, documents, or communications you obtained from the Clint Document Hub.

Intellectual Property and Copyright

The Client Document Hub contains material which is owned by or licensed to the Firm. This material includes trademarks, logos, design, layout, look & feel, graphics and service marks (collectively the “Trademarks") displayed on the Client Document Hub are registered and common law trademarks of this firm or its licensors.  Nothing contained on the Client Document Hub should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks displayed on the Client Document Hub without the written permission of the Firm. Reproduction of the Trademarks displayed on the Client Document Hub or displayed on any content on the Client Document Hub is strictly prohibited.

You will only upload, publish, post, submit or otherwise transmit data and, or files:

(1)          that you have the lawful right to use, copy, distribute, transmit or display, or

(2)          that does not infringe the intellectual property rights or violate the privacy rights of any third party

You shall ensure that any protected data or confidential information, which comes into your possession through the use of the Client Document Hub, is not transmitted to any unauthorised person. 

Changes to Terms and Conditions of Use

The Firm reserves the right to modify the terms, conditions, and notices under which the Client Document Hub is offered.  Your continued use of the Firm’s Client Document Hub after the posting of any amended terms and conditions shall constitute your agreement to be bound by any such changes.

The Firm reserves the right to charge user fees for the use of the Client Document Hub in future. You will be notified prior to any user fees being imposed, with the details of the fees and updates to these terms and conditions. Your use of the Client Document Hub after receiving such notice will constitute acceptance of those fees.

No Unlawful or Prohibited Use

You are prohibited from using the Client Document Hub to damage, disable, or overburden the Firm’s servers or network or impair the Client Document Hub or interfere with any other user’s use of the Client Document Hub.  Hacking, password mining, or any other means to gain unauthorised access to the Client Document Hub, computers, or network is prohibited. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law is also prohibited.  The Firm will fully cooperate with any law enforcement authorities or court order requesting or directing this firm to disclose the identity of anyone posting any such information and materials. 

Miscellaneous

This is the entire agreement between the Firm and you regarding its subject matter. This Agreement does not modify or affect any existing or future engagement letter or agreement between the Firm and you.

Term and Termination

This Agreement and the services contemplated by it may be terminated by either the Firm or Client with or without notice at any time.  The Firm may at any time terminate in whole or in part the Firm’s Client Document Hub without notice or liability.

Disclaimer

The Client Document Hub is provided for general purposes only and is not intended to render accounting, tax, consultative, investment, legal or other professional advice or services, in any form. Laws, regulations and circumstances change constantly. Our Client Document Hub is not intended to constitute the basis for any decision or course of action of any User's specific circumstances and Users are cautioned to consult with their professional advisors before making any decision or taking any course of action.

The Firm makes no warranty or representation as to the accuracy, quality or completeness of any information on our Client Document Hub. The Firm expressly disclaims all warranties and conditions including merchantability and fitness for a particular purpose, and also disclaims any liability for loss or damages which result directly or indirectly from the use in any form of any of the information on our Client Document Hub including any personal information provided by users in general. Where such warranties or conditions are legally incapable of exclusion then the Firm’s liability shall be limited to the sum of NZ$100.00 in the aggregate regardless of the number of occurrences. Users assume all risks concerning the suitability to their needs and the accuracy of information on our Client Document Hub and any publications therein.

You acknowledge that no transmission of data over the internet is completely secure and that it may be possible for third parties to intercept of access transmissions or private communications unlawfully. The Firm assumes no liability whatsoever for any confidential information sent to us over the internet.

The Firm reserves the right to make changes at any time to the Client Document Hub which may include information, services and technical specifications without notice. The firm expressly disclaims any liability regarding links to other web sites or any information, products, or services that they contain.

For the purposes of this Disclaimer, the Firm shall include its related or affiliated partnerships, its partners, principals, employees, agents and authorised representatives and includes affiliated corporations and their respective officers, directors, shareholders, employees, agents and authorized representatives.

Any legal questions or disputes arising from the use of our Client Document hub shall be governed by the laws of New Zealand. The parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.

Acceptance

By completing the site registration, you hereby acknowledge that you have read this document and that you agree to these terms and conditions.  This Agreement does not modify or affect any existing or future engagement letter or agreement between you and the Firm.