goritax's Terms of Services

Last Updated: April 16, 2019

1. OVERVIEW


Welcome to goritax. goritax provides a platform where businesses can find and connect with business professionals for their services. These terms and services ("Terms") govern the relationship between PT Goritax Prospera Indonesia and its related bodies corporate ("goritax", "us" or "we"), the person or the entity registered with goritax to provide services ("Expert") and businesses seeking an Expert to provide services to them ("Client").

goritax facilitates the interaction between Experts and Clients and provides other ancillary services including payment and collection processing ("goritax Services"). These Terms apply to Experts’ and Clients’ use of the goritax platform and associated websites ("Site"), including the goritax Services and Projects.

A "Project" in these Terms means a project, assignment, job, task, work, deliverable, or requirement for services posted or uploaded to the Site by a Client and undertaken or provided by an Expert.

For the purposes of these Terms, "you" means (as applicable):

  1. the person or the entity registered with goritax as either a Client or an Expert; and
  2. the individual, natural person accessing or using the Site including but not limited to a Client or an Expert.
If you are registering with goritax or accepting a Project on behalf of your employer or business organisation, ‘You’ in your individual capacity will be taken to have been duly authorised to act on your employer’s behalf and these Terms will be binding on your employer.

We may from time to time, amend, update or change the Site including these Terms, without prior notice to you. Consequently, you should regularly check these Terms for changes. These are the current Terms and replace any other terms of services of use previously published for the Site.

Please read all of these Terms carefully before using the Site or goritax Services. You understand that by checking the box, clicking the "Submit" button or by continuing to use the Site or goritax Services, you are agreeing to be bound by these Terms, including any changes to the terms that may have been made since your prior use of the site.


2. YOUR ACKNOWLEDGEMENTS REGARDING goritax SERVICES


2.1 For Experts

goritax provides professionals service providers with the opportunity to be registered on its Site as an Expert. The Expert can, amongst other things, upload their profile, promote the Expert’s experience and background, be listed and appear on the Site, be reviewed or rated, and be considered for Projects. Experts may be contacted from time to time by goritax for these and related purposes.


2.2 For Clients

A company, business or a customer can be registered as a Client on the Site in order to view the Site, review and access Expert profiles made available on the Site, seek out Experts, or otherwise receive a connection to, or introduction to Experts, for the purposes of engaging an Expert for a Project.


2.3 The goritax Services

goritax is an online platform where Clients are able to access, review, and receive an introduction, connection or referral to Experts who have registered with the Site.

2.3.1. Monthly Compliance

  1. Tax Monthly Compliance
    • Preparation of Tax Payment of all taxes before due date
    • Preparation of Tax Reporting of all taxes before due date
    • Not Include Corporate/Personal Annual Income Tax Return

  2. Tax & Accounting Monthly Compliance
    • Preparation of Tax Payment of all taxes before due date
    • Preparation of Tax Reporting of all taxes before due date
    • Not Include Corporate/Personal Annual Income Tax Return
    • Input Accounting Journal base on daily transaction
    • Preparation of Monthly Balance Sheet & Profit Loss

2.3.2. Case Work

  1. Tax Cases
    • Preparation of Corporate/Personal Annual Income Tax Return
    • Tax Review
    • Preparation of Transfer Pricing Documentation
    • Preparation of Receivable Flow Transaction
    • Reconciliation & Equalization Tax & Accounting
    • etc

  2. Accounting Case
    • Analisys of Financial Statements
    • Consolidation Report
    • Preparation of Transfer Pricing Documentation
    • Statement of Cashflow
    • etc

  3. Other Case
    • Audit Report
    • Valuation of Asset
    • etc

Clients and Experts acknowledge that goritax is not a party to and will not have any liability with respect to the Projects or service arrangements as between Client and Experts.

Any terms agreed between the Client and Expert in relation to a Project will be binding on the Client and the Expert and, to the extent that those terms conflict with these Terms, those terms will take priority as between the Client and the Expert (but shall not bind goritax in any way). Any terms which attempt to alter or modify these Terms as they apply to goritax must be agreed by goritax in writing.

goritax relies on the information that Experts and Clients provide for the Expert profiles and Project Briefs on the Site. goritax makes no representations as to the reliability, capability, or qualifications of any Experts or the quality, security or legality of any services provided by such Experts, and goritax disclaims any and all liability relating thereto. goritax does not direct, has no control over, makes no representations, and does not guarantee the quality, safety or legality of services advertised, the truth or accuracy of listings, the qualifications, background, or identities of Experts, the ability of Experts to deliver services, or that an Expert can or will actually complete a project.

Without limiting the foregoing, to the extent permitted by law, goritax makes no warranties, express or implied regarding or relating to the Experts or the Projects.


3. REGISTERED INFORMATION


When you sign up, you may be requested to provide your name, email address, work/position title, phone number and information about your company and such other information to enable your registration as either a Client or Expert.

Experts will be requested to provide further information in relation to your qualifications and professional experience (your "Credentials"). In doing so, you agree that you:

For the purposes of these Terms, "you" means (as applicable):

  1. are not impersonating any person or entity;
  2. are not violating any applicable law regarding use of personal or identification information;
  3. are authorised to create an account in the name of the company or organisation or otherwise hold yourself out as having an association with that company or organisation; and
  4. will provide, on demand from goritax, verification of your Credentials in such form as required by goritax.
If you are registering with goritax or accepting a Project on behalf of your employer or business organisation, ‘You’ in your individual capacity will be taken to have been duly authorised to act on your employer’s behalf and these Terms will be binding on your employer.

For Experts, we may, from time to time, use any of your Credentials to make our own enquiries (either by goritax or by a third party engaged by us) as to the completeness, accuracy or truthfulness of your Credentials. If we request evidence and you fail to provide it within the time requested, we may suspend or cancel your account (without prejudice to any other remedies we may have). Should we suspect or identify an individual to be inappropriately or unlawfully using any person or company’s identity or the Site in a way that is unlawful or inappropriate, we may without notice to you, disclose that information to any relevant persons or authorities.


4. EXPERT PROVISIONS


4.1 Joining as an Expert

Experts will have joined upon verifying your account, completing the platform registration and agreeing to these Terms.

You can participate in the goritax Services only if you are not restricted from doing so by contractual, fiduciary or other obligations. By joining goritax, you are representing that you are not restricted from doing so and that you have obtained all necessary approvals.

For Tax Expert you must be at least D3, or 7th Semester of Bachelor Degree Program Accounting/Tax and hold Tax Brevet minimum B

For Accounting Expert, you must be at least D3, or 7th Semester of Bachelor Degree Program Accounting


4.2 Acceptance and Scope of Projects

Clients can post Project Briefs on the goritax platform or otherwise be introduced to Experts through goritax and/or the goritax platform for Projects.

Experts are free to accept or decline any Projects, provided however, that you may accept only those Projects:

  1. for which you have the requisite knowledge/expertise to deliver and complete the Project;
  2. that do not present a conflict of interest or breach any express or implied terms of any contract or of any other obligation legally binding upon you; and
  3. that relate to matters that you are permitted to discuss under applicable law and any obligations you may owe to another party (including contractual, employment, or otherwise).
You are expected to accept or decline a Project within two (2) business days and to adhere to any schedule or program you establish with the Client regarding the delivery of the Project.

goritax makes no representation regarding the frequency, quantity, or type of invitations to Projects you will receive or in which you will be chosen to participate.


4.3 Expert Conduct

Experts will have joined upon verifying your account, completing the platform registration and agreeing to these Terms.

Experts must act with the utmost professionalism and courtesy in any dealings with Clients and with goritax. In performing any Project for a Client, the Expert must:

  1. use a high standard of care and skill to be expected of a Expert who regularly acts on projects or engagements like, and at least as sophisticated as, the Project;
  2. make all necessary enquiries of the Client to ascertain the Client's requirements and objectives, including the Client's requirements in relation to the Expert's intellectual property;
  3. comply with any Client policy, direction, instruction, brief, program, or schedule;
  4. comply with all applicable laws.


4.4 Marketing and Disclosure

Unless permitted in writing by the Client or required by law, you will not refer to the Client or its business (including the Client's customers or the Client's customers' business) in any of your marketing materials, website, social media or other publications outside the goritax platform.


4.5 False and misleading information

You agree that you will not provide any false or misleading information or information which may mislead or deceive goritax, Clients, or any other party in respect of any Project.

You further agree not to provide any financial or investment advice to any Client, including, without limitation, any ratings or securities recommendations.


4.6 Warranties

You warrant and represent that:

  1. the information you provide is and shall remain complete, accurate, true and correct and that you will update information held by goritax as soon as possible after any changes and in any case prior to a Project
  2. you have never been: (i) convicted of an indictable offense; or (ii) the subject of an investigation by a securities regulator or other regulatory authority (state, federal or foreign); or (iii) a defendant in any proceeding where fraud or violation of laws or regulations including the taking of a false oath, the making of a false report, perjury or bribery or conspiracy to commit any such offense is alleged;
  3. if you hold a professional licence, you have not been subject to any disciplinary actions with respect to that licence by any state, federal, foreign, or professional body in the past 5 years;
  4. all work, documents and other deliverables produced by you in relation to a Project are reasonably suitable in all respects for the Client’s purposes.


4.7 Independent Contractor

Any work performed on a Project facilitated through goritax shall be performed as an independent contractor of the Client, and you are not and shall not be deemed to be an employee or agent of goritax or of any Client. You shall not be entitled to any benefits provided by goritax to its employees, and goritax will make required deductions or withhold tax if required by law for payment to you.

Unless otherwise agreed with the Client, you shall provide, at your expense, all tools and equipment necessary to perform work on a Project and you will ensure they are suitable for the services you are supplying and are maintained in good and safe working condition.


5. CLIENT PROVISIONS


5.1 Joining as a Client

You may join as a Client by completing all required documentation and training, including without limitation that which relates to our compliance framework and procedures.


5.2 Set-up and Scope of Projects

Clients are free to search, screen, and request Experts, via the Site consistent with the goritax Services you have agreed with goritax.

Experts are free to accept or decline Projects at their discretion.

You understand that an Expert's capacity to supply their services may be limited by other Projects or obligations they may have to entities or institutions with which they are affiliated or employed. To the extent you know about any such limitations or obligations, you agree to respect them in your interactions with Experts.


5.3 Client Conduct

Clients must act with the utmost professionalism and courtesy in any dealings with Experts and with goritax. In using the goritax Services, Clients must:

  1. use clear, complete and accurate information to describe the Project;
  2. make all necessary enquiries and satisfy yourself as to whether the Expert meets your requirements and objectives, including your requirements in relation to ownership of intellectual property; and
  3. ensure the Expert has in place its own appropriate insurance policies, including professional indemnity, public liability and/or workers’ compensation, in respect of any Project.
  4. Give clear information to Expert.


5.4 Conflicts

Clients confirm that you shall not knowingly or recklessly use the goritax Services to access Experts who are employed by a company reasonably considered a direct competitor of yours or a direct competitor of your clients, or, if applicable, one of your business units, actively managed portfolio companies, affiliates or subsidiaries or the client you are acting on behalf of. You will neither request nor have any discussion with any such Expert.


5.5 Other Limitations on Use

Clients agree to not ask Experts for advice or recommendations on other services that not stated on the website.

You may use and apply in your business the opinions and insights you obtain during Projects, but you may not identify or quote Experts or attribute insights or opinions to Experts or goritax without the prior written consent of the Expert or goritax (as applicable).

You may use the goritax Services only in strict accordance with these Terms, and you agree that you will not use goritax Services to compete directly or indirectly with goritax or any of the goritax Services.


5.6 Use of Materials

Subject to section 9 below and any agreement between the Expert and the Client, Clients agree that any written materials provided to you in connection with a Project or the goritax Services are for your own use and you may not redistribute, disseminate, publish, or display such material, in whole or in part, to any third parties without the prior written permission of the Expert (where applicable) and goritax, except to your regulators and professional advisors on an as needed basis.


6. CONFIDENTIALITY


The confidentiality undertakings in this clause apply to Experts and Clients in respect of Confidential Information obtained by them (the "Recipient") from another party, which may be the Client, Expert, goritax or any third-party (the "Discloser").

A Recipient must not use, disclose, solicit, make available or misappropriate, directly or indirectly, any Confidential Information, trade secrets, or other proprietary information of a Discloser without that Discloser’s prior written permission except as may be required by applicable law or legal process.

Where the Recipient is legally required to disclose the Confidential Information, the Recipient shall inform the Discloser of the requirement as soon as reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential Information.

In this clause, "Confidential Information" includes any documents or information created, received or obtained (as applicable):

  1. by goritax from or on behalf of a Client or any other party in respect of any Project;
  2. by the Expert from or on behalf of a Client, goritax or any other party in respect of any Project;
  3. by the Client from or on behalf of the Expert, goritax or any other party in respect of any Project; and
  4. all non-public information pertaining to the Client’s or goritax's business (including, without limitation, past, present or future structure, business activities, strategies, and assets; products and their methods of production and distribution; financial affairs; network, communications, and technology; clients, customers, suppliers, distributors and their financial affairs, and any content marked confidential or that is by its nature confidential),
    but excludes any information that a Recipient can show:
    5. is already in the public domain (through no breach of these Terms or other obligation of confidentiality);
  5. was known to the Recipient prior to its disclosure by the Discloser;
  6. was independently developed by the Recipient without breach of any obligation owed to the Discloser; or
  7. is received from a third party without breach of any obligation owed to the Discloser.
The Recipient must notify the Discloser immediately upon becoming aware of a suspected or actual breach of this obligation.


7. PAYMENT FOR SERVICES


Our Pricing & Payments Procedures may be updated from time to time. We will notify you of any material changes by posting the new Pricing & Payments Procedures on the Site. You are advised to consult this document regularly for any changes.


7.1 Client Fees

  1. Join as Client & Expert
    It is free to join goritax as a Client or an Expert.
  2. Monthly Compliance
    1. Fee will be charge on Indonesian Rupiah
    2. Fee is stated on Website that minimum of 6 months period with net of tax.
  3. Case Work
    1. Fee will be charge on Indonesian Rupiah
    2. Fee is base on negotiation of case work fee agreed, with net of tax.
    3. Term of Payment is 50% when case work agreed as Term 1 and 50% after case work finished as Term 2.
  4. Join Membership
    1. Membership is for Registered Tax Consultant (Personal/Corporate, Public Accountant Firm, etc, that want to be goritax member.
    2. Fee is Rp. 1.000.000 per month with minimum 12 months period with net of tax


7.2 Expert Fees

  1. Monthly Compliance
    1. Fee will be pay in Indonesian Rupiah
    2. Expert fees is stated on website
  2. Case Work
    1. Fee will be pay in Indonesia Rupiah
    2. Expert fees is base on case work agreed by client


7.3 Invoicing & Payments Process

  1. Client
    1. goritax system will create invoice after Client choose and/ agreed with work they choose
    2. Client must be proceed payment to goritax Bank Account at lest 3 days after the date of the invoice
    3. Clients are responsible to pay tax and give the prove of tax payment and withholding prove to Us
    4. Any bank charge is Client responsible
  2. Expert
    1. Expert fee will be pay after client made payment
    2. Expert Fee payment schedule is every 10th, 20th and 30th of the month
    3. Payment from client is made on periode 29-8 will be pay to Expert on 10th, periode 9-18 will be pay to expert on 20th and period 19-28 will be paid on 30th
    4. goritax will be withheld tax article 21st of “Bukan Pegawai yang Tidak Berkesinambungan” if Expert using Personal Bank Account and withheld tax income article 23rd if Expert using Corporate Bank Account
    5. Any bank charges from the bank will be charge on Expert


7.4 Disputes around quality of work

Clients should let the Expert and our team know promptly if expectations aren't being met. Experts are responsible for ensuring that Clients' expectations are met in their delivery of Services.


7.5 Payment Methods

  • Client payments can be made through a number of mechanisms such as bank transfers or credit card. Credit card payments are powered by MidTrans and will attract processing fee. Our system utilizes industry-leading security measures, so you can feel comfortable that the payment is secure. Clients receive a confirmation and receipt for transactions and records of transactions can be found on the client dashboard.
  • Expert fee Payment will be made through bank transfer


8. TERMINATION


8.1 Termination of Terms

goritax or the Expert or Client (as applicable) may terminate these Terms at any time, for any reason, effective upon written notice to the other party (or by goritax terminating or suspending your account), provided always, that any such termination for convenience will not affect the validity of any contracts for Projects that have been executed prior to termination and these Terms will continue to apply with respect to such Projects.


8.2 Termination of registration

goritax reserves the right to suspend your profile or cancel your registration as an Expert or Client (as applicable), at any time, on goritax forming the view in its absolute discretion that goritax’s brand, operations (including the Site, any blogs or membership) or business (including its Client’s, partner’s or affiliate’s business) may be adversely affected or harmed as a result of your continued registration as an Expert or Client. Upon termination you must cease using the Site and goritax Services.


8.3 Termination of Projects

A Client may notify the Expert at any stage prior to the appointment of the Expert for a Project that it no longer requires the Expert for the Project, and such notice will have immediate effect. In these circumstances the Expert is not entitled to any payment in connection with the Project.

A Client may suspend or terminate a Project provided that the Client gives the Expert and goritax the following notice of termination of Project:

  1. for Projects of less than four weeks, 1 day's notice in writing; or
  2. for Projects of four weeks or more or where the Project involves the Expert working on a regular or systematic basis, 1 week's notice in writing.
  3. by the Client from or on behalf of the Expert, goritax or any other party in respect of any Project; and
In each case the Client may elect to make a payment in lieu of notice. Termination will not relieve Client of the requirement to pay for time spent and expenses incurred prior to the effective date of the termination.


9. INTELLECTUAL PROPERTY


Some of the Projects will allow or require the Expert to provide deliverables or content to the Client ("Expert Content"). Unless otherwise agreed between the Expert and the Client, the Expert retains ownership of all intellectual property rights in the Expert Content.

In the absence of any specific agreement between the Expert and the Client, the Expert grants to the Client a worldwide, non-exclusive, royalty free, perpetual and irrevocable licence to use, develop and modify the intellectual property rights in the Expert Content to the extent required by the Client to receive the full benefit of the Project.

goritax is not responsible for any Expert or Client's use or misappropriation of any intellectual property rights during or following the course of the services. Any agreements or disputes regarding intellectual property rights in Expert Content shall be between the Expert and the Client.


10. INTRODUCTIONS


10.1 Non-solicitation

Where a Client and Expert have been introduced through goritax, you must not:

  1. enter into any form of contract of employment (in which the Expert becomes an employee of the Client), contract for services, independent contractor agreement or any other contract or arrangement by which the Expert is to provide services to the Client (whether individually or through a third party intermediary); or
  2. approach, solicit, entice, offer to perform services (or in case of the Client, receive services), or otherwise engage or be engaged for reward (directly or indirectly), with any Client or Expert,
in any way other than through the goritax Services without the Client paying goritax an Introduction Fee.

These obligations apply for so long as the Expert or Client is registered with goritax, and for 12 months from the later of:

  1. the time a Client first identifies an Expert through the goritax Services; or
  2. the time an Expert completes its last Project with a Client,
(the "Non-solicitation Period") regardless of any relationship or previous dealings between the parties. This means that during the Non-Solicitation Period, you must use the goritax Services as your exclusive method to engage with each other unless goritax agrees (in writing) to the payment of an Introduction Fee.

THE CLIENT AND EXPERT MUST IMMEDIATELY NOTIFY goritax IN WRITING OF ANY APPROACH, ENGAGEMENT OR CONTRACT CONTEMPLATED BY THIS CLAUSE. FAILURE TO DO SO IS A MATERIAL BREACH OF THESE TERMS.


10.2 Acceptance

Clients and Experts accept and acknowledge that these obligations are reasonable in every respect. Further, goritax need not suffer or prove any demonstrated loss before enforcing the rights under these provisions.


11. LIABILITY OF goritax


You are solely responsible for all decisions you make in connection with any services you choose to purchase as a Client or provide as an Expert. goritax does not provide advice in relation to the suitability of an Expert, Project or Client, nor do we take into account any Client’s or Expert’s individual circumstances when we provide the goritax Services.

To the extent permitted by law, goritax will not be liable for:

  1. the Project, the scope of the Project or any changes to the Project;
  2. any deliverables, work, opinion or information provided by the Expert;
  3. services not performed in accordance with these Terms;
  4. the accuracy of information or documents, including the Experts’ profiles, background, capabilities or statements provided to or by the Client;
  5. any claims arising out of or in connection with these Terms, any of the subject-matter of the Expert’s services or the Project, for breach of law, contract, negligence or any other liability whatsoever;
  6. any other terms of engagement the Client and Expert might reach or agree; or
  7. any breach or alleged breach of another party's intellectual property rights arising in respect of the services or these Terms.

If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law, our liability for breach of such warranties is limited to, at our option:

  1. in the case of products:
    1. the replacement of the products or the supply of equivalent products; or
    2. the payment of the cost of replacing the products or acquiring equivalent products;
  2. in the case of services:
    1. the supply of the services again; or
    2. the payment of the cost of having the services supplied again.


11. INDEMNITY


To the maximum extent permitted by law, you agree to indemnify and hold goritax and each of its affiliates, officers, employees, agents, representatives and third party service providers, harmless from any and all claims and liabilities resulting from your breach of these Site Terms or relating to your use of the Site or its use by any person on your behalf. For the purposes of this paragraph Site includes any linked sites. goritax holds the benefit of this indemnity and all other rights under this Agreement as trustee for each person named as benefiting from it.


12. GENERAL


12.1 Assignment and Subcontracting

goritax may at any time novate, assign, transfer, mortgage, charge or deal in any other way with these Site Terms (or part thereof) or grant or confer the benefit of any right arising under these Site Terms.


12.2 Severability and Waiver

If a particular term of these Site Terms is not enforceable, it should be modified so as to be enforceable, but regardless will not affect any other terms. Our failure to act upon a breach of these Site Terms does not mean we waive any rights that we may have.


12.3 Amendment

We may modify these Site Terms from time to time by posting the modification(s) or updating these terms of services on our website: goritax.id. Unless otherwise specified by us when posted, all modifications will be effective upon posting. If you do not agree to any modification(s), your only recourse will be to cease using or accessing the Site. If you continue to access the Site after any modification becomes effective, then your access will constitute acceptance of such modification.


12.4 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the state of Indonesia. The parties agree to submit to the non-exclusive jurisdiction of the Courts of Indonesia.