Terms of Sale and Subscription
Seller: Accountants Expert, operated by BOMCAS Canada. The seller has not published a street address or a registration number on this page. Write to licences@accountantsexpert.com.
1. The contract of sale
These Terms of Sale and Subscription are the contract for paying for a plan. They apply when a visitor creates an account and buys BOMCAS Tax & Payroll Calculators – Canada Pro, or a later digital product the seller offers on accountantsexpert.com. The seller is Accountants Expert, operated by BOMCAS Canada. The buyer is the person or firm named on the account. There is no guest checkout. The person who pays must have an account, must be able to sign in, and must complete the consent screen before Stripe or PayPal is opened.
A plan button on the site does not complete the sale. It opens checkout with the plan and the term selected, for example a Professional monthly plan. The sale is formed when the buyer has accepted the required consents and the payment processor confirms the charge. The seller may refuse an order that fails fraud checks, that uses a coupon that is not valid, or that the seller cannot supply. If the seller refuses before capture, the buyer is not charged. If a charge is captured in error, the duplicate-charge rule in the Refund and Cancellation Policy applies.
2. Plans, sites, and what is being sold
The plans are Personal, Professional, and Agency, unless a later product page names a different set. Personal is one site and does not include payroll. Professional is five sites and includes payroll. Agency is twenty-five sites and includes payroll. The prices shown on the plan page at the time of checkout are the prices offered, in Canadian dollars, before tax. A plan is a subscription for a monthly, quarterly, or yearly term, as the buyer selects.
The buyer is buying a licence and a service period, not a copy of the tax statutes and not a professional engagement. The software estimates figures from a rate file. The Disclaimer says those figures are not advice. The Software Licence Agreement says what the buyer may do with the code. These terms say how the buyer is billed. If the buyer needs payroll tools, the buyer must select a plan that includes them. Selecting Personal and later asking for payroll to be added without a new charge is not what Personal sells.
3. Price, currency, and taxes
The currency of the sale is Canadian dollars. The checkout page shows the amount in CAD. The processor may show a conversion if the buyer's card is in another currency. That conversion is set by the card issuer or the processor, not by a rate the seller publishes. The seller does not refund a conversion difference, a foreign-transaction fee, or a spread charged by a bank.
The buyer is responsible for goods and services tax, harmonised sales tax, Quebec sales tax, and provincial sales tax that apply to the sale. Those taxes are imposed under the Excise Tax Act, R.S.C. 1985, c. E-15, the Act respecting the Québec sales tax, and the retail-sales-tax statutes of the provinces that levy them. Where the seller is required to collect a tax, the tax is added or included as the checkout page states. Where the buyer is required to self-assess, the buyer does so. A tax collected in error is a billing error and is handled under the Refund and Cancellation Policy. A tax that was properly due is not refunded except to the extent the underlying charge is refunded.
The seller does not give tax advice about whether the buyer can claim an input tax credit or an input tax refund. The receipt is the seller's record of the charge. The buyer should ask their own adviser how to treat it. Prices may be shown before tax, with tax calculated at payment, where that is how the processor is configured. The amount captured is the amount of the sale.
4. Coupons
A coupon is a code the seller has saved and that checkout accepts. Codes are read without regard to case. A code that is expired, paused, over its redemption cap, or not a code the seller saved is rejected with a generic message, and checkout stops. The buyer does not get the discount by typing a code that used to be advertised if the seller has turned it off. A code applies only to the charges its own rule covers, which may be the first term only.
The seller does not owe a coupon that was not accepted at checkout. A screenshot of an old advertisement is not a coupon. The seller may withdraw a code at any time before it is accepted. Once a code has been accepted on a charge, that charge keeps the discount. Later renewals follow the coupon rule that was shown when the code was entered. If the rule was first term only, the renewal is at the list price then in effect.
5. How the buyer pays
The primary processor is Stripe. Checkout opens Stripe for a credit card or a debit card. Stripe may also present Apple Pay or Google Pay as wallet methods on the card rails. The seller does not store the full card number. Stripe does. PayPal is the backup processor. The buyer sees PayPal when Stripe has no usable secret, when the Checkout Session cannot be started, or when the seller has marked card checkout unavailable. The message in that case is that card payments are temporarily unavailable and the buyer may pay with PayPal.
A successful payment is the processor's confirmation, not the moment the buyer clicks the plan button. If the buyer closes the processor window, the sale is not complete. If the processor authorises and then fails to capture, the seller does not supply a paid term for a charge that did not settle. My Account is the place to see whether a licence was issued. The buyer should not install a key from a screen that checkout did not confirm.
6. Renewals
A subscription renews for another term of the same length unless the buyer cancels auto-renewal first. The renewal charge is attempted on or about the renewal date, using the payment method the processor holds. The buyer authorises those future charges by starting the subscription. The amount of a renewal is the price then in effect for that plan and term, after any coupon that still applies, plus taxes that must be collected.
The seller gives notice before a renewal price changes, as the Refund and Cancellation Policy describes. The buyer can cancel in My Account at any time before the renewal is charged. Cancelling stops the next charge. It does not refund the term already paid. If a renewal succeeds, a new paid term starts and the refund rules apply to that term as a new sale of a digital product delivered immediately.
7. Failed payments
If a renewal charge fails, the processor may retry according to its schedule. The seller may send the account email a notice of the failure. The licence may move to a past-due state. During a short grace period, if the product page or My Account describes one, the buyer may still receive updates while the seller waits for a successful retry. If the charge does not succeed, the paid term ends and updates and support stop. The seller does not keep supplying a paid plan indefinitely against a card that is declined.
A failed payment is not a cancellation. If the buyer wants the subscription to stop, the buyer must cancel in My Account. If the buyer wants the subscription to continue, the buyer must update the payment method with the processor through the means My Account provides. The seller may end a subscription that remains unpaid. Ending it for non-payment does not create a refund of earlier terms that were delivered. The seller may refuse to start a new subscription while an unpaid invoice on the same account remains open.
8. Changing plan
The buyer may ask to change plan at renewal. A move to a more expensive plan in the middle of a term is a new sale for the difference only if the seller offers that path and the buyer pays it. The seller is not obliged to prorate. A move to a cheaper plan does not create a credit for the rest of the current term. The cheaper plan applies from the next term if the seller accepts the change. Unused sites on the old plan are not refunded.
The site count of the new plan is the limit from the moment that plan is in force. If the buyer has activated more sites than the new plan allows, the buyer must deactivate the extra sites before the new plan starts, or the seller may deactivate activations above the limit. The Software Licence Agreement, not these terms, states the consequence of exceeding the site count.
9. Invoices and records
My Account shows the plan, the term, the renewal date, and the receipts the seller has stored. The buyer should download any invoice they need for their own books. The seller keeps payment records for as long as tax and accounting law requires, including the general six-year federal period under section 230 of the Income Tax Act, and longer where a statute or a live dispute requires it. Those records are not a promise to store the buyer's client files. The seller does not want client returns sent to support.
The name on the account should be the name the buyer wants on the receipt. The seller does not reissue a year of receipts to a different legal name as a way to transfer a licence. A firm that wants the invoice in the firm's name should buy in the firm's account. Transfer of a licence is governed by the Software Licence Agreement and requires the seller's consent.
10. Fraud, sanctions, and refusal
The seller may cancel a checkout or suspend a licence that appears to be unauthorised, purchased with a stolen instrument, or purchased in breach of sanctions or export rules that apply to the seller. The seller may ask the account holder to confirm the charge before restoring access. A suspension while that check is done is not a refund. If the charge is reversed by the issuer, the chargeback rule applies.
The buyer confirms that they are allowed to pay from their country and that the payment method is theirs or is authorised by the account holder. The seller does not knowingly sell to a person who is prohibited from receiving the software under Canadian law. The buyer will not use a plan to provide the software to a person the buyer could not lawfully contract with directly.
11. Relationship to refunds and the licence
These terms incorporate the Refund and Cancellation Policy. All sales are final except where that policy, or a mandatory law, says otherwise. The buyer should read that policy before paying. The consent screen at checkout is part of this sale. It includes agreement to the licence and the terms, agreement to the privacy policy, and a request for immediate supply together with an acknowledgement about the withdrawal right for digital content. Marketing email is optional and is not required to buy.
The Software Licence Agreement begins when the sale succeeds. If the payment is later reversed, the licence for that charge ends or is suspended as the refund policy says. Questions about a charge go to licences@accountantsexpert.com. Questions about a figure in a calculator go to the buyer's own professional, not to a refund request.
12. How these words are used
Headings are for convenience. They do not change the operative text. “Including” means “including without limitation”. The singular includes the plural and the other way around. “Writing” includes email. A reference to a statute is to that statute as amended, and to any regulation made under it. A reference to a person includes a natural person, a corporation, a partnership, and any other entity. If a word is defined in this document, that definition applies wherever the word is used, unless the sentence says otherwise.
If a translation of this page is published, the English text controls. If a page on the site summarises this document in shorter words, this document controls where they differ. A failure to enforce a term on one occasion is not a waiver. A waiver must be in writing to be effective, and it applies only to the breach it names. The seller may assign this document to a successor of the business. The buyer may not assign a licence or an account without the seller’s prior written consent, except where a mandatory law says otherwise.
If a court finds that one term cannot be enforced, the rest of the document stays in force. The invalid term is modified to the minimum extent needed to make it valid, if a modification can do that without changing the bargain. This document, together with the other policies named in it and the plan the buyer selected at checkout, is the entire agreement on its subject. It replaces earlier oral statements and earlier website summaries about that subject. A purchase order or a buyer’s standard terms do not amend it unless the seller signs a document that says they do.
Days are calendar days unless a section says business days. A business day is a day other than a Saturday, a Sunday, or a statutory holiday in Alberta. Notices to the seller are sent to licences@accountantsexpert.com and are effective when the email is received, or on the next business day if it arrives outside ordinary business hours. Notices to the buyer are sent to the email on the account and are effective when sent, unless the message bounces and the seller has another address on file. The buyer must keep that email address current.
13. Governing law and mandatory rights
Accountants Expert, operated by BOMCAS Canada offers the website, the calculators, and the paid plans from Alberta, Canada. This document is governed by the laws of Alberta and the federal laws of Canada that apply in Alberta. The courts of Alberta have jurisdiction, subject to the dispute section of the Limitation of Liability and Indemnity and to any mandatory rule that lets a consumer sue or be sued at home.
Nothing in this document limits a right that a statute says cannot be limited. That includes mandatory protections for a consumer in the buyer’s province or country. For a consumer in Quebec, the Consumer Protection Act, CQLR c P-40.1, applies where it must, and a term that conflicts with it is read down. For a consumer in the European Union, the mandatory parts of Directive 2011/83/EU on consumer rights, as implemented in the buyer’s member state, and the mandatory parts of the digital-content rules that apply to that buyer, are preserved. For a consumer in the United Kingdom, the mandatory parts of the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 are preserved.
Where those laws give a consumer a right to withdraw from a distance contract for digital content, the buyer is asked at checkout to request immediate supply and to acknowledge that the withdrawal right ends once supply of the digital licence begins. That request and acknowledgement do not apply where a mandatory law keeps the withdrawal right, including for a consumer in Quebec. A business buyer who is not a consumer does not receive consumer withdrawal rights.
The seller does not claim a professional designation, a certification, or a membership on these pages. The calculators are software. They are not a filing, a ruling, or a retainer. Dispute resolution, the class-action waiver, and arbitration are described in the Limitation of Liability and Indemnity. They are not enforceable against a Quebec consumer where the law of Quebec refuses them. They also do not apply where the law of the buyer’s province or country refuses a waiver of a class action or a requirement to arbitrate.
14. Changes, records, and survival
The seller may update this document by posting a new version with a new version number and a new effective date. The version line at the top of the page is the version in force. A material change to a paid plan is also handled in the Terms of Sale, including notice before a renewal price changes. Continued use of a free page after the effective date is acceptance of the new website terms. A paid subscription keeps the commercial terms accepted at the start of the current paid term until that term renews, except where a change is required by law or is needed to stop abuse.
The site consent bar asks again when the policy version changes. A previous acceptance stored in the cookie, in local storage, or in the consents table does not cover a later version. Checkout keeps its own consent screen. Accepting the bar does not replace the checkboxes at checkout, and the checkboxes at checkout do not replace the bar.
Terms that by their nature should survive the end of a subscription do survive. That includes accrued payment obligations, the refund rules for a period already paid, the licence restrictions on a copy already received, the disclaimer, the limitation of liability, the indemnity, the governing-law clause, and the sections needed to interpret them. The end of a subscription does not erase a record the seller must keep for tax, accounting, or a legal claim.
The contact for every policy on this site is licences@accountantsexpert.com. Support about a licence key or a download may also be handled from My Account. Do not send a client’s tax return, a social insurance number, or a full licence key to that address. Send the account email and a description of the issue.
These pages are written for customers of Accountants Expert. They are not a legal opinion and they are not a certification. Have them reviewed by a lawyer before you rely on them.
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