Dasthak Business Solutions Private Limited . (“beondaudit.com,” “we,” or “us”) provides the beondaudit.com web site (the “Site”), affiliated software and mobile applications (the “Apps”), and the services provided by or through the Site and the Apps (the “Services”) subject to these terms and conditions of use, and all policies and guidelines referenced herein (the “Terms”).
In the context of these Terms, firms or other entities that subscribe to our Services are called “Subscribers”. The primary contact and account administrator at a Subscriber is called the “Master User,” and if you are a Master User, by registering for and using the Services you represent that you have proper authorization to bind the Subscriber to these Terms. All individuals who use the Services, whether or not they are a Master User, are called “Users”.
By using the Services you agree to be bound by these Terms. If you are a Master User, by using the Services or allowing any of the Subscriber’s Users to use the Services, you are agreeing to these Terms on behalf of the Subscriber. If you are a User, by using the Services you are agreeing to these terms and are likewise agreeing not to take any actions (or omit to take any actions) that would cause the Subscriber to violate these Terms.
The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Fees for the Services are described on the Site. They may change from time to time. If we change them, we will give the Master User at least 30 days’ notice. If they do change, the continued use by any User affiliated with a Subscriber after the change indicates Subscriber’s agreement with the new fees and charges after the effective date of the change.
Subscriber is responsible for providing complete and accurate billing and contact information to beondaudit.com. beondaudit.com may suspend or terminate the Services if fees are 30 days past due.
IF CUSTOMER’S ACCOUNT IS SET TO AUTO RENEWAL, OR IS IN A TRIAL PERIOD, BEONDAUDIT.COM MAY AUTOMATICALLY CHARGE AT THE END OF THE TRIAL, OR FOR THE RENEWAL, UNLESS CUSTOMER CANCELS THEIR SUBSCRIPTION WHILE LOGGED INTO THE SITE.
Subscriber is responsible for all taxes. Subscriber will charge tax when required to do so. If Subscriber is required by law to withhold any taxes, Subscriber must provide beondaudit.com with an official tax receipt or other appropriate documentation
All sales for the Services are Final. No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
3. Ownership of and Responsibility for Content
Content provided by Users affiliated with a Subscriber’s account, whether they are Master Users or other Users, is called “Subscriber Content.” beondaudit.com’s only right to Subscriber Content is the limited licenses to it granted in these Terms.
Subscriber Content is the Subscriber’s sole responsibility. You, and not beondaudit.com, are responsible for maintaining and protecting all Subscriber Content. beondaudit.com will not be liable for any loss or corruption of Subscriber Content, or for any costs or expenses associated with backing up or restoring any Subscriber Content. We likewise have no responsibility or liability for any loss or damage your Subscriber Content may cause to you or other entities or people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any Subscriber Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any Subscriber Content you post or store on the Services. If you authorize third parties to access your Subscriber Content through the Services, you agree that we are permitted to provide to them the Subscriber Content, and also agree that we have no responsibility or liability for their use of such Subscriber Content.
4. Limited License of Subscriber Content
We do not claim any ownership interest in your Subscriber Content, but we do need the right to use your Subscriber Content to the extent necessary to operate the Site and provide the Services, now and in the future. Therefore, by posting, modifying, or distributing Subscriber Content to or through the Services, you (a) grant beondaudit.com and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such Subscriber Content, in the manner in and for the purposes for which the Services from time to time use such Subscriber Content; (b) represent and warrant that (i) you own and control all of the rights to the Subscriber Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that Subscriber Content, to or through the Services; and (ii) the use and posting or other transmission of such Subscriber Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
5. Beondaudit.com Property
These Terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the beondaudit.com trademarks, logos, domain names, or other brand features.
The Services are for the Subscribers’ and Users’ use only. You may not resell, lease or provide them in any other way to anyone else.
6. Account Security
Users are responsible for safeguarding the password, tokens, or other login credentials that are used to access the Services (the “Login Credentials”) and Users agree not to disclose their Login Credentials. The Login Credentials are critical to the security of Users’ data or Subscriber Content. Subscribers are responsible for ensuring that their Users safeguard their Login Credentials. Users, and the Subscribers that oversee them, are responsible for any activity using their accounts, whether or not they authorized that activity. You should immediately notify us of any unauthorized use of any account. You acknowledge that if you wish to protect your transmission of data or files to or from us, it is your responsibility to use a secure, encrypted connection to communicate with the Services. You also acknowledge that communications over the Internet may be subject to breaches of security and that the submission of your Subscriber Content or other information may not be secure.
7. Software and Updates
Some use of our Services may require you to download a client software package or mobile application (“Software”). We hereby grant you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available.
8. Other Content
The Services and the Subscriber Content may contain links to third-party websites or resources. beondaudit.com does not endorse and is not responsible or liable for their availability, accuracy, content, products, or services. You are solely responsible for your use of any such websites or resources.
9. Termination and Suspension
Though we’d much rather you stay, Subscribers or individuals Users may stop using our Services any time. Before your voluntary termination, you are responsible for retrieving all of your Subscriber Content from our Services. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
Although it is beondaudit.com’s intention for our Services to be available as much as possible, there may be occasions when our Services may be suspended or interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
Consequently, beondaudit.com encourages you to maintain your own backup of your data. In other words, beondaudit.com is not a backup service, and you agree that you will not rely on beondaudit.com to maintain your own backup of your Subscriber Content and other data.
Subscriber will indemnify, defend, and hold harmless beondaudit.com from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim, suit, action or proceeding regarding: (i) Subscriber Content; (ii) Subscriber’s use of the Services in violation of these Terms; iii(iii) Subscriber’s uploading of Sensitive Personal Information to the Services; (iv) Subscriber’s or its Users’ disclosure of or failure to protect the Login Credentials; or (v) use of the Services by Subscriber’s Users.
11. No Warranties
Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. beondaudit.com will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. You are fully responsible for securing and backing up your own Subscriber Content and other data. beondaudit.com does not warrant that the operation of our Services will be error-free or uninterrupted. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Also, while we intend to give our Subscribers access to unparalleled tools to assist them providing professional services, we are not responsible in any way for any professional services (including, but not limited to, attestation services, audits, and tax preparation) that Subscribers or Users perform using our Services, and we are not responsible for ensuring that our tools are used correctly or appropriately within the context of any particular services rendered. Subscribers and Users must always rely on their own professional judgments when using the Services, and will neither inquire not rely upon beondaudit.com for any tax, accounting, legal, or other professional or expert advice of any kind.
For example, beondaudit.com may provide suggested audit programs that may or may not be sufficient or appropriate for any particular audit. Auditors are ultimately responsible for ensuring that an audit is adequate; by using the Services, you acknowledge and agree that beondaudit.com cannot be held responsible for audit failures stemming from the use of suggested audit programs that turn out to be insufficient.
Also by way of example, use of the Services does not relieve Subscriber or Users of responsibility for the preparation, content, accuracy (including computational accuracy), and review of tax returns that they prepare while using the Services or any other work product generated while using the Services.
12. Confidential Information
Subscriber and all Users agree not to use any Confidential Information (as hereinafter defined) disclosed to it by us for its own use or for any purpose other than to assist in the Subscriber’s auditing processes. Subscriber and all Users shall not disclose or permit disclosure of any Confidential Information to third parties. Subscriber and all Users agree that they shall take reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized under these Terms to have any such information. Such measures shall include the degree of care that Subscriber utilizes to protect its own Confidential Information of a similar nature. Subscriber agrees to notify us of any misuse, misappropriation or unauthorized disclosure of Confidential Information which may come to Subscriber’s attention. If Subscriber becomes legally compelled to disclose any Confidential Information, other than pursuant to a confidentiality agreement, Subscriber will provide us prompt written notice of such disclosure and will assist us in seeking a protective order or another appropriate remedy. If we waive Subscriber’s compliance with this Section or fail to obtain a protective order or other appropriate remedy, Subscriber will furnish only that portion of the Confidential Information that is legally required to be disclosed; provided that any Confidential Information so disclosed shall maintain its confidentiality protection for all purposes other than such legally compelled disclosure.
Subscriber and all Users agree that any violation or threatened violation of these provisions related to the use and disclosure of Confidential Information will cause irreparable injury to beondaudit.com, entitling beondaudit.com to obtain injunctive relief in addition to all legal remedies without showing or proving any actual damage and without any bond being required to be posted.
“Confidential Information” means any oral, written, graphic or machine-readable information, technical data or know-how, including, but not limited to, that which relates to patents, patent applications, research, product plans, products, developments, inventions, processes, designs, drawings, engineering, formulae, markets, software (including source and object code), computer programs, algorithms, interfaces, inventions, processes, work flows, business plans, agreements with third parties, services, and customers, whether or not designated as “confidential” at the time of disclosure. Confidential Information shall include information disclosed by us before the date Subscriber first subscribed, but shall not include information that: (i) was publicly known or made generally available without a duty of confidentiality prior to the time of disclosure to Subscriber by us; (ii) becomes publicly known or made generally available without a duty of confidentiality after disclosure to Subscriber by us through no action or inaction of Subscriber; or (iii) is in the rightful possession of Subscriber without confidentiality obligations at the time of disclosure by us to Subscriber as shown by Subscriber’s then-contemporaneous written files and records kept in the ordinary course of business.
This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger
By using this Site, you agree that beondaudit., at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the Arbitration and Reconciliation Act 1996, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay the monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.