Terms of Service

Introduction

Welcome to Mosafeer Tax Consulting (“we,” “our,” or “us”). By accessing or using our website and services, you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of these Terms, you may not access our website or use our services.

Services

We provide tax consulting services to businesses and individuals operating in or connected with Mauritius. Our services include but are not limited to those described on our website.

The specific services to be provided will be agreed upon in writing through an engagement letter or contract.

We may, at our discretion, engage third-party service providers to assist in delivering our services. We will remain responsible for the quality of these services.

We reserve the right to refuse to perform any services that we believe may be illegal or unethical.

Client Responsibilities

As a client, you agree to:

• Provide accurate, complete, and timely information necessary for us to perform our services. This includes promptly notifying us of any changes in your circumstances that may affect the services we provide.
• Respond promptly to our requests for information or clarification. We are not responsible for any delays or additional costs incurred due to late or incomplete responses.
• Pay for our services as agreed upon in our engagement letter or contract, including any additional services requested during the engagement.
• Use our services and advice in compliance with all applicable laws and regulations. We are not responsible for any actions you take based on our advice that may contravene applicable laws.
• Maintain proper records and supporting documentation as required by Mauritian law.
• Cooperate fully with us in the event of any tax authority inquiry, investigation, or audit related to the services we provide.
• Not represent or hold yourself out as having authority to act for and on our behalf unless expressly authorized to do so.
• Inform us immediately of any actual or potential conflicts of interest that may arise during our engagement.

Confidentiality

We maintain strict confidentiality regarding all client information. However, we may be required to disclose information if mandated by law or court order.

Limitation of Liability

Our aggregate liability for any damage or loss arising out of or in connection with our services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to an amount equal to three times the annual fee payable to us for the services giving rise to the claim.

We shall not be liable for:

a) Any indirect, consequential, or special damages
b) Any loss of profit, loss of business, loss of goodwill, or loss of opportunity
c) Any failure or delay in performing our obligations due to circumstances beyond our reasonable control
d) Any losses arising from your failure to provide accurate or complete information
e) Any actions you take or refrain from taking based on our advice

Nothing in these Terms shall limit or exclude our liability for:

a) Death or personal injury caused by our negligence
b) Fraud or fraudulent misrepresentation
c) Any other liability which cannot be limited or excluded by applicable law

You agree to indemnify and hold us harmless from any third-party claims, liabilities, costs, expenses (including legal fees), or damages arising out of your use of our services or your breach of these Terms.

Any claim arising out of or in connection with our services must be brought within one year from the date on which you became aware, or ought reasonably to have become aware, of the facts giving rise to the claim.

Intellectual Property

All materials, reports, and documents produced by us remain our intellectual property unless otherwise agreed in writing.

Data Protection

We process personal data in accordance with the Data Protection Act 2017 of Mauritius. By engaging our services, you consent to the collection, use, and processing of your personal data as necessary for the provision of our services.

Anti-Money Laundering and Terrorist Financing

We are required to comply with anti-money laundering and terrorist financing regulations. We may request additional information or documentation from you to fulfill these obligations.

Fees and Expenses

Our fees are based on the nature of the services required and are determined by reference to various factors. Fee schedules are available upon request.

Annual fees and regulatory charges are payable in advance and are non-refundable.

Work not covered by annual fees will be charged separately on a time basis.

All invoices are payable within 30 days of the date of the invoice.

We reserve the right to charge interest on overdue payments at the rate of 2% per month.

We may require advance payments before providing certain services.

Termination

Either party may terminate the service agreement with 90 days’ written notice to the other party.

We may terminate the agreement immediately and without notice if:

a) You fail to pay any amount due under the agreement within 30 days of the due date
b) You breach any material term of the agreement and fail to remedy such breach within 14 days of being notified
c) You become insolvent, enter into administration, or take or are subject to any similar action
d) We are required to do so by any regulatory authority or by law
e) We reasonably believe that continuing to provide services may damage our reputation or violate any legal or ethical standards

Upon termination:

a) You will be responsible for payment of all services rendered up to the date of termination
b) We will return any documents or materials belonging to you, subject to our right to retain copies as required by law or professional standards
c) You must cease using our name or logo in any manner

The following sections will survive termination: Confidentiality, Limitation of Liability, Intellectual Property, and Governing Law.

Termination shall be without prejudice to any accrued rights and liabilities at the date of termination.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Mauritius.

Dispute Resolution

Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Mauritius.

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website.

Contact Information

If you have any questions about these Terms, please contact us at info@mosafeertaxconsulting.com.