Sundry Guarantee Terms

1. What Sundry promises

1.1If an Incorrect Assessed Obligation (defined in section 2) arises on a return, Sundry refunds the fees the firm paid Sundry for that return, on the terms below.

1.2That is the whole remedy. It is explained in sections 3 and 7.

2. Definitions

2.1“Signed-Off Worksheet” means the Sundry Worksheet for a return, as the firm’s client signed it off in the Sundry app.

2.2“Verified Proof” means a reseller permit, exemption certificate or other proof of exemption that Sundry marked “Verified by Sundry” in the Sundry app, and that the Signed-Off Worksheet relies on to exempt a sale.

2.3An “Incorrect Assessed Obligation” exists when both of these are true:

• either Sundry’s determination, as shown on the Signed-Off Worksheet, is wrong under the law in force for the period the return covers, or the authority disallows an exemption shown on the Signed-Off Worksheet because a Verified Proof did not meet the requirements of the law in force at the time of the sale; and
• the client underpaid as a result, meaning the client paid less than the law required because it paid the amount shown on the Signed-Off Worksheet.

2.4The “Affected Return” is the return that was prepared from the Signed-Off Worksheet containing the wrong determination, or the return whose Signed-Off Worksheet relied on the Verified Proof that did not meet those requirements.

2.5“Refundable Fees” are the per-return fee the firm paid Sundry for the Affected Return, together with any sales tax Sundry charged on that fee. They do not include the setup fee, the monthly platform fee, or any other fee.

3. The remedy

3.1Sundry refunds the Refundable Fees to the bank account the firm pays from.

3.2The refund does not pay the tax, penalties or interest. The client still owes those to the tax authority. The refund also does not change the firm’s responsibility for what it files.

3.3If the authority later withdraws or reduces the assessment so that no Incorrect Assessed Obligation remains, the firm tells Sundry and Sundry may reverse the refund to the same extent.

4. What is not covered

4.1The guarantee does not apply to a loss caused by or arising from:

• an override: the firm or the client changed, set aside or replaced a Sundry determination, in whole or in part, so that the amount shown is no longer Sundry’s determination;
• data that was inaccurate or incomplete when it reached Sundry, whether the firm, the client or a connected system supplied it, or data supplied or changed after the client signed off (a Verified Proof is not excluded because a buyer’s statements on it were false);
• a proof that Sundry did not verify, or that the firm or the client accepted, restored or relied on after Sundry rejected or revoked it;
• a return that was not approved through Sundry. This includes raw results returned by the API, unless the Subscription Agreement or a written order signed by Sundry says the guarantee covers them.

4.2A firm that has not paid the fees for the Affected Return, or whose account was not in good standing when the client signed off the worksheet, cannot claim.

5. How to make a claim

5.1The firm sends its claim in writing to contact@sundry.tax after it receives the authority’s notice. There is no deadline for a claim.

5.2The claim includes the authority’s notice, with enough information to identify the client company, the authority, the return, the return period, and the amount owed, including penalties and interest.

6. How Sundry decides

6.1Sundry reviews the claim against the law in force for the period and against these terms. It tells the firm its decision, with its reasons, within 30 days after it has everything it asked for.

6.2If the claim is accepted, Sundry pays the refund within 30 days of the decision, by ACH bank transfer to the bank account the firm pays from.

6.3If the firm disagrees with a decision, it may write to contact@sundry.tax and ask Sundry to reconsider. Any dispute that remains is governed by the Subscription Agreement.

7. Cap and sole remedy

7.1The cap on the guarantee is the refund itself: the Refundable Fees for the Affected Return.

7.2The refund is the firm’s sole remedy for an Incorrect Assessed Obligation. The guarantee sits outside the general limit on liability in the Subscription Agreement, and a refund does not count against that limit.

8. Who the guarantee is for

8.1The guarantee is given to the subscribing firm. The firm’s clients are not parties to the Subscription Agreement and have no separate claim under it.

8.2The guarantee does not make Sundry responsible for what the firm files, and it does not mean Sundry gives advice. The firm decides, and stays responsible for what it files.

9. Changes to these terms

9.1Sundry may change these Guarantee Terms by notice under the Subscription Agreement. A change applies to returns the client signs off on after the new version takes effect. A return already signed off keeps the version that was in force when it was signed off.

9.2Questions about the guarantee: contact@sundry.tax.