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Terms Of Use - OmniPro

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Your access to and use of this website, as well as all related websites operated by OmniPro (which includes http://www.omnipro.ie, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

Section 1

You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by MD Digital Media Productions Limited, (the “Company”) and are the property of the Company and/or its third-party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, video, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

Section 2

All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

Section 3

All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected] Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

Section 4

While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

Section 5

When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consen

Section 6

If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

Section 7

The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

Section 8

The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, http://www.omnipro.co.uk/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

Section 9

NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

Section 10

THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.

Section 11

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Section 12

You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

Section 13

The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Section 14

This Agreement shall be governed by and construed in accordance with Irish law and the Parties agree to submit to the exclusive jurisdiction of the Courts of Ireland as regards any claim or matter arising under or in relation to this Agreement. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Section 15

KnowledgeHUB Priority Support Retainer Service – Terms of Service and Conditions of Supply

The purpose of this agreement is to set out the approach and terms of the KnowledgeHUB Priority Support Retainer Service (PSRS).

Query Areas include:

  1. Financial Reporting
  2. Company Law
  3. Investment Business
  4. Anti Money Laundering & Reporting Regime
  5. Institute Regulations & Disciplinary
  6. Audit
  7. Capital Taxes
  8. Corporation Tax
  9. Income Tax
  10. Vat (Excluding vat on property)

If OPPS have access to the expertise to answer queries beyond the remit of the above areas they may provide technical support in those areas. If however OPPS do not have the capability or access to the competence to answer a specific query this will be clarified at the initial query clarification stage.


The Query Process

The Query Retainer Query Process is set out in the flowchart below and includes the following steps:

  1. Query is submitted by phone (Marion Doyle – 053 9100000), email ([email protected]) or chat on OmniPro.ie or KnowldegeHUB.OmniPro.ie.
  2. Help Desk reverts to client to assess query and refer to the relevant internal Technical Expert. Structured questionnaire used to ensure that Help Desk Manager elicits appropriate information to enable them refer to the most suitable Technical Expert.
  3. If client wishes verbal response only referred to Technical Expert for priority telephone call.
  4. Technical Expert Answers query over the telephone
  5. If client wants written response email to client from Help Desk summarising information and query within 24 hours of initial contact. (clients given option of submitting query on pre-formatted form as an alternative to speed up the process)
  6. Client confirms to Help Desk that query and information are appropriate
  7. Help Desk refers to Internal Technical Expert
  8. Internal Technical Expert liaises with client and responds to Query
  9. Clients given opportunity for Feedback after every interaction

At the outset of the query it is your responsibility to specify whether you want a verbal query response over the telephone or whether you want a written response and report.

Time allocation for verbal responses are calculated based on the time spent engaged in telephone engagement combined with any research undertaken if necessary and applicable subject to a minimum completed query response of 10 minutes.

At any stage during a verbal query you may request that a written response be issued. OPPS can not quote in terms of time or monetary value in advance for written responses as they depend on the detail and the scope of the individual query raised which can vary from query to query. OPPS and our Priority Support Retainer Agents will always endeavour to minimise the cost to our clients where possible without compromising the quality of the service provided.


Additional
Fees & Costs

An annual subscription to KnowledgeHUB allocates 3 hours Priority Support to your account. On the renewal of our annual subscription any remaining hours from your previous years allocation will be removed from your account and an additional 3 hours Priority Support will be added to your account.

Should you have topped up your account during the year with additional hours these may be carried forward. If you have paid for additional support hours.

Additional KnowledgeHUB Priority Support Retainer hours can be purchased in 3-hour bundles for a fee of €699 + vat.

Additional users can be added to a primary subscription for a fee of €7.50 per user per month.

We will notify you of the time consumed on account and your remaining balance of time throughout the year.


KnowledgeHUB Priority Support Retainer Service – Obligations, Requirements and Limitations

OPPS will provide you with technical support in response to your specific query. You and/or your practice/company are responsible for providing accurate and complete information in relation to the query presented.

OPPS will respond to your query on a timely basis after initial contact with our helpdesk. As requested by you in your initial interaction with our helpdesk the query will be answered by telephone or in writing. The opinion of OPPS in responding to the query is purely the professional opinion of OPPS and their staff based on their knowledge and the information provided by you. This professional opinion may differ from the opinion of the governing accountancy Institutes & Associations and their compliance officers and / or third parties and the firm/company and its partners/employees are solely responsible for exercising ultimate professional judgment in all areas.

Your Firm/Company is also responsible for taking any necessary actions required in their professional judgment to comply with the applicable legislation, standards, enactments and rules and regulations along with the requirements, rules and regulations of your governing Institute/Association if applicable. OPPS do not accept any responsibility or cannot give a definitive opinion on any query submitted. To the fullest extent permitted by the courts of Ireland OPPS are not liable in any way for any action or inaction arising out of this consultation and the query response provided.

OPPS will endeavor to provide you with technical support in accordance with the guidelines and regulations as set out by the relevant Accountancy Institutes / Associations in Ireland, auditing standards as promulgated by the Auditing Practices Board, financial reporting standards as promulgated by the Accounting Standards Board and company law, general law HR and tax law as it applies to Irish companies, directors and officers.

The scope of our advice and the query responses we provide is limited to the information provided by you and the scope of any oral or written responses provided by us. Our responses do not constitute a reaffirmation of any audit or legal opinion.

Our technical query response and any supporting documentation and information produced as part of the query process and associated reports produced, are made solely for the confidential and internal use of your Firm. Company. Our query responses may not be circulated to third parties without prior express written permission. OPPS owes nor accepts any duty to any other party and shall not be liable for any loss, damage or expense of whatsoever nature, which is caused by reliance on our query responses or reports produced.

OPPS does not accept any responsibility or cannot give a definitive opinion on the standard of any work done, which may be part of, or become part of, the quality control process of the Irish Accountancy Institutes/Associations.


Additional Work outside the Scope of the PSRS

Any additional work required outside the scope of PSRS will be quoted and billed separately. Examples of work specifically excluded from the PSRS include but are not limited to

  1. Hot file reviews
  2. Annual compliance reviews
  3. Cold file reviews
  4. EQCRs
  5. Representation at hearings
  6. Practice / Goodwill Valuations
  7. CPD
  8. In-house training
  9. Company formations and fixed price co-sec services
  10. VAT on property
  11. Employment Law and HR Advisory


Confidential Information

OPPS shall not disclose, to third parties, any information acquired in the course of our professional work without your consent unless there is a legal right or duty to disclose.

 

Section 16

These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Last Updated: February 5, 2017