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.
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.
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.
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.
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.
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.
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) which you have requested to be provided by OmniPro Strategic Solutions Limited (hereafter referred to as OPSS). (PSRS).
Query Areas include:
- Financial Reporting
- Company Law
- Investment Business
- Anti Money Laundering & Reporting Regime
- Institute Regulations & Disciplinary
- Capital Taxes
- Corporation Tax
- Income Tax
- Vat (Excluding vat on property)
If OPSS 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 OPSS 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:
- Query is submitted by email to ([email protected]) or chat on OmniPro.ie or by login into your KnowledgeHUB Account.
- The Help Desk reverts to the client to assess the query and then refer it to the relevant internal Technical Expert. Structured questionnaires are used to ensure that Help Desk Manager elicits appropriate information to enable them to refer to the most suitable Technical Expert.
- If client wishes to have a verbal response only referred to Technical Expert for priority telephone call.
- Technical Expert Answers query over the telephone
- If client wants written response email to client from Help Desk summarising information and query within 36 hours of initial contact. (clients given option of submitting query on pre-formatted form as an alternative to speed up the process)
- Client confirms to Help Desk that query and information are appropriate
- Help Desk refers to Internal Technical Expert
- Internal Technical Expert liaises with client and responds to Query
- 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. OPSS 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. OPSS 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 year’s 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?
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 your account and your remaining balance of time throughout the year.
KnowledgeHUB Priority Support Retainer Service – Obligations, Requirements and Limitations
OPSS 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.
OPSS 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 OPSS in responding to the query is purely the professional opinion of OPSS and their staff based on their knowledge and the information provided by you. You are solely responsible for providing all information required for the purposes of answering the query. Our process requires you to provide the information and our team will request all relevant information. When we provide an answer, this professional opinion may differ from the opinion of the governing accountancy Institutes & Associations and their compliance officers and / or third parties / the Revenue Commissioners 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. OPSS 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 OPSS are not liable in any way for any action or inaction arising out of this consultation and the query response provided.
OPSS 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. OPSS 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.
OPSS 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.
Any views expressed by us are subject to the fact that regulations, standards, legislation and tax law can be ambiguous and open to more than one interpretation. Many areas of regulations, standards, legislation and tax law are the subject matter of clarification by decisions of the courts and accordingly there is always a risk that the courts might on future occasions disagree with the interpretation placed on legislation by OPSS.
KnowledgeHub provides a retainer query support service. KnowledgeHub is not intended to be a methodology to resolve complex queries. Specifically excluded from the KnowledgeHub query support service are issues in relation to audit opinions, disciplinary defence, tax planning papers, succession planning papers, or restructuring. If your query is outside the scope of KnowledgeHub or as your query develops it becomes a query that is beyond the capacity of the basic retainer service, you will be informed of the fact by the KnowledgeHub team.
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
- Hot file reviews
- Annual compliance reviews
- Cold file reviews
- Representation at hearings
- Practice / Goodwill Valuations
- In-house training
- Company formations and fixed price co-sec services
- VAT on property
- Tax/Succession planning
- Outlining plans for restructuring
- Employment Law and HR Advisory
OPSS 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.
Any queries submitted and answers given will be made available to all KnowledgeHub members as anonymised queries and responses.
Last Updated: February 5, 2017