JuanTax grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:

1. Payment obligations:

   For direct clients and new partners, the Annual Plus and Monthly Plus subscriptions will be prepaid. Starting August 1, 2022, all invoices will be on a prepaid basis. You will receive your invoice every first of the month and will be charged the same day. JuanTax access will be revoked for non-payment of subscription fees.

2. Preferential pricing or discounts:

   You may from time to time be offered preferential pricing or discounts for the Access Fees as a result of the number of organizations that You have added to the Service or that have been added with Your authority or as a result of Your use of the Service (‘Organizations’). Eligibility for such preferential pricing or discounts is conditional upon Your acceptance of responsibility for payment of any Access Fees in relation to all of Your Organizations. Without prejudice to any other rights that JuanTax may have under these Terms or at law, JuanTax reserves the right to render invoices for the full (non-discounted) Access Fees due or suspend or terminate Your use of the Service in respect of any or all of Your Organizations in the event that any invoices for those Access Fees are not paid in full by the due date for payment.

3. General obligations:

   You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by JuanTax or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.

4. Automated BIR notices delivered to Your Juan Tax account:

   Where available, automated BIR notices will be delivered to your JuanTax account or email. However, there may be instances where the relevant tax returns or submissions are processed through JuanTax’s system and sent to the e-BIR portal, but the corresponding tax confirmation receipts are not received. If JuanTax’s system detects that the tax return or submission has no confirmation receipt yet by 12:00 AM the following day, JuanTax’s system will send a follow-up email to the BIR regarding the submission. Nevertheless, You have the opportunity to RE-SUBMIT the tax return or submission until You receive the corresponding confirmation email. If despite several submissions, You still have not received the confirmation email two (2) days after Your last submission, You must contact the BIR directly through its customer service or the relevant revenue district office and seek assistance in resolving the technical issue. As this technical issue is beyond the control of JuanTax, You agree not to hold JuanTax liable for the consequences of a such technical issue as well as for any damages arising from the failure to receive a confirmation email from the BIR.

5. Access conditions:

   1. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify JuanTax of any unauthorized use of Your passwords or any other breach of security and JuanTax will reset Your password. Then, You must take all other actions that JuanTax reasonably deems necessary to maintain or enhance the security of JuanTax’s computing systems and networks and Your access to the Services.
   2. As a condition of these Terms, when accessing and using the Services, You must:
      1. not attempt to undermine the security or integrity of JuanTax’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
      2. not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
      3. not attempt to gain unauthorized access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
      4. not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
      5. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.

Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls You are permitted to make against Juan Tax’s application programming interface. Any such limitations will be specified within the Service.

THREE (3) HOUR LEAD-TIME. You are aware that for purposes of facilitating the filing of any BIR Form, JuanTax shall be exclusively using the e-BIR portal. You are also informed that you must submit the required BIR Form at least three (3) hours prior to the deadline for submission imposed by law. You agree that JuanTax shall not be responsible for any delay in posting not attributable to the fault and negligence of its system or any of its officers and employees.

USE OF E-BIR PORTAL. By enabling e-filing options, you agree that you exclusively handle and enter the data and submit the same directly through the e-BIR or the e-TSP portal. You hold JuanTax free and harmless from any damage and injury sustained from any data that may be uploaded or entered through the e-BIR or e-TSP portal.

USE OF E-SUBMISSION. eSubmission enables You to submit Monthly Alphalist of Payees (MAP) and Summary Alphalist of Withholding Tax (SAWT), Summary List of Sales, Purchases, and Importations (SLSPI) or attachments electronically via JuanTax. Through JuanTax’s system, eSubmissions are automatically calculated by JuanTax and are sent together with the relevant tax return through a system-generated email sent directly to the BIR. Through this approach, JuanTax’s system ensures that Your returns match the DAT files sent via eSubmission.

By agreeing to use JuanTax, it is understood that you are bound not only by the service agreement that you may have previously entered into with JuanTax but also by the existing Terms of Service of the e-BIR, which is hereto attached for your useful information: http://www.birgovph.net/home/terms-of-service-agreement

Communication Conditions:

As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, chat room, or message center), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).

When You make any communication on the Website, You represent that You are permitted to make such communication. JuanTax is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, JuanTax does reserve the right to remove any communication at any time at its sole discretion.

JuanTax Payments enables You to pay taxes through the JuanTax platform. You will have several options for payments, but all tax payments will be settled through Unionbank, a duly authorized settlement bank for the BIR. By paying the tax dues, you authorize Ten Elleven Manila Inc, maker, and developer of JuanTax, to pay on your behalf the amount due to the BIR. You also authorize Ten Elleven Manila Inc. and the financial institutions involved in the processing of electronic payment of taxes to receive on my behalf confidential information necessary to answer inquiries and resolve issues related to the payment. By using JuanTax Payments, you agree with the following special terms as well as with the general Terms of Use. The posting of payments may vary depending on the payment option You choose. You will be informed if a particular payment option is posted instantly, at the end of the day, or the next day. You will be notified on the payment screen of the relevant cut-off for a specific tax return. To optimize your experience and avoid inconvenience, we recommend You use JuanTax Payments several days before tax deadlines. As your tax payments will be settled through Unionbank, the availability of JuanTax Payments will depend on the availability of Unionbank services. JuanTax will not be liable for delayed posting or transaction failures if the same is due to Unionbank’s system error or downtime. Any failed payments may be processed by JuanTax using another payment method or provider. Tax payments will be confirmed through a system-generated email sent by Unionbank. Until such email notification is received, the payment transaction will be deemed pending.

JuanTax has the right to establish security features on the use of JuanTax Payments, such as but not limited to the limitation on the number of tries, required 3D Secure or Vault features on card schemes, and other features that will secure Your use of JuanTax Payments. You further agree not to circumvent, disable, or otherwise interfere with security-related features of JuanTax Payments, including those that prevent or restrict the use or copying of any content, material, or information available on or through the Services, as well as those that enforce limitations on the use of the Services.

Once you confirm the transaction or ask JuanTax Payments to proceed with the tax payment transaction, you cannot cancel nor reverse such transaction. The payment partners of JuanTax shall proceed to debit your account and once the money or fund is in the account of the BIR, JuanTax nor its payment partners cannot reverse nor deduct such account without the proper court order. All fees and charges imposed by JuanTax, its bank and payment partners are non-refundable.

JuanTax, its banks, and payment partners reserve the right, at its sole discretion and under no obligation, to change the applicable fees and charges levied for the use of JuanTax Payments, at any time and with prior written notice to you sixty (60) days prior to the effective date of change in fees/charges.

JuanTax Payments is powered by its banks, payment partners, and other third-party services and resources (collectively, “Third Party Services”). You acknowledge and agree that we are not responsible or liable for: the availability or accuracy, appropriateness, completeness, or non-infringement of such Third-Party Services; or the content, products, or services available on or through such Third-Party Services. The integration of such Third-Party Services does not imply any endorsement by JuanTax of such Third-Party Services or the content, products, or services available therefrom. Third-Party Services are provided on an “as is, where is” basis and JuanTax makes no representation or warranties whatsoever about any service, content, and/or any other resources provided by the Third Party.

You shall not hold JuanTax responsible or liable for any loss or damage which You may incur or suffer directly or indirectly arising out of or in connection with JuanTax Payments due to any reason whatsoever including but not limited to breakdown or malfunction of the computer, its terminal connection lines, data processing system or transmission line whether or not belonging to JuanTax or any circumstances beyond JuanTax’s control.

The act of keying in the password for the purposes of authorizing a payment, unlocking for internet transactions, or payment made through our bank and payment partner’s application, platform or portal, or channel shall be sufficient evidence that the payment made has been authorized, validated, and cannot be disputed by You. Once the transaction has been authorized and consummated, JuanTax shall not be held liable for any undelivered goods and non-performance of services, defects, damages, and after-sales services of such goods and/or services, any error in the amount keyed-in or entered, and/or any other dispute between the You and the BIR arising from such payment.

LIMITATION OF LIABILITY. In the event of any action that You may file against JuanTax in relation to Your use of JuanTax Payments, You agree that JuanTax’s liability shall not exceed Fifty Thousand Pesos (PHP50,000.00) or the amount of damages You actually suffered, whichever is lower.

While using the JuanTax platform, you will have the opportunity to request a consultation with an attorney using Legal Tree’s Referral Services (“Legal Tree”). When you request for a consultation with an attorney using Legal Tree through the JuanTax platform, you consent to sharing with Legal Tree your personal data, information about your legal matter or question, and such other information as may be requested by Legal Tree. This will enable Legal Tree to refer the appropriate attorney that can responsively address your legal concern. You further consent to share with JuanTax and Legal Tree other relevant information for the sole purpose of arranging the consultation. You also agree to Legal Tree which is available on Legal Tree’s official website when consulting an attorney using Legal Tree.

As JuanTax cannot provide legal services, you acknowledge that there is no attorney-client relationship between you and JuanTax. Whether an attorney-client relationship is established between you and the attorneys referred to by Legal Tree depends on the facts and circumstances surrounding your interaction with their lawyers.

In view of the absence of an attorney-client relationship, JuanTax will have no access to any privileged information arising from any communication between you and the lawyers referred by Legal Tree.

1. Confidentiality:

   Unless the relevant party has the prior written consent of the other or unless required to do so by law:

   1. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
   2. Each party’s obligations under this clause will survive the termination of these Terms:
   3. The provisions of clauses 4.1.1 and 4.1.2 shall not apply to any information which:
      1. is or becomes public knowledge other than by a breach of this clause;
      2. is received from a third party who lawfully acquired it and who is under no obligation to restrict its disclosure;
      3. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party, or
      4. is independently developed without access to Confidential Information.

2. Privacy:

   JuanTax maintains a privacy policy that sets out the parties’ obligations in respect of personal information. You should read that policy at https://juan.tax/privacy/ and You will be taken to have accepted that policy when You accept these Terms.

1. General:

   Title to, and all Intellectual Property Rights in the Services, the Website, and any documentation relating to the Services remain the property of JuanTax (or its licensors).

2. Ownership of Data:

   Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the JuanTax Access Fee when due. You grant JuanTax a license to use, copy, transmit, store, and back up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to the provision of services to You.

3. Third-party applications and your Data:

   If You enable third-party applications for use in conjunction with the Services, You acknowledge that Juan Tax may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. Juan Tax shall not be responsible for any disclosure, modification, or deletion of Your Data resulting from any such access by third-party application providers.

1. Authority:

   You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

2. Acknowledgement:

   You acknowledge that:

   1. You are authorized to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorized to use the Service. You are also authorized to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).
   2. JuanTax has no responsibility to any person other than You and nothing in this Agreement confers or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
      1. You are responsible for ensuring that You have the right to do so;
      2. You are responsible for authorizing any person who is given access to information or Data, and you agree that JuanTax has no obligation to provide any person access to such information or Data without Your authorization and may refer any requests for information to You to address; and
      3. You will indemnify JuanTax against any claims or loss relating to
         1. JuanTax’s refusal to provide any person access to Your information or Data in accordance with these Terms,
         2. JuanTax’s making available information or Data to any person with Your authorization.
      4. The provision of, access to, and use of, the Services is on an “as is ” basis and at Your own risk.
      5. JuanTax does not warrant that the use of the Service will be uninterrupted or error-free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks, and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. JuanTax is not in any way responsible for any such interference or prevention of Your access or use of the Services.
      6. JuanTax does not provide tax advice. Please consult your tax professional for any tax concerns that you may have.
      7. It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
      8. You remain solely responsible for complying with all applicable accounting, reporting, tax, and other laws. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).

3. No warranties:

   JuanTax gives no warranty about the Services. Without limiting the foregoing, JuanTax does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title, and non-infringement.

4. Consumer guarantees:

   You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.

1. To the maximum extent permitted by law, JuanTax excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits, and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
2. If You suffer loss or damage as a result of JuanTax’s negligence or failure to comply with these Terms, any claim by You against JuanTax arising from JuanTax’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.
3. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.

1. Prepaid Subscriptions

   JuanTax will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription.

2. No-fault termination:

   These Terms will continue for the period covered by the Access Fee paid or payable under clause 3.1. At the end of each billing period, these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee when due unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. If You terminate these Terms You shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then-current period up to and including the day of termination of these Terms.

3. Breach:

   If You:

   1. breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
   2. breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.4 or any payment of Access Fees that are more than 30 days overdue), or
   3. You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,

   JuanTax may take any or all of the following actions, at its sole discretion:

   4. Terminate this Agreement and Your use of the Services and the Website;
   5. Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
   6. Suspend or terminate access to all or any Data.
   7. Take either of the actions in sub-clauses (d), (e), and (f) of this clause 8(4) in respect of any or all other persons whom You have authorized to have access to Your information or Data.

   For the avoidance of doubt, if payment of any invoice for Access Fees due in relation to any of Your Billing Contacts, Billing Plans or any of Your Organizations (as defined in clause 3) is not made in full by the relevant due date, Juan Tax may: suspend or terminate Your use of the Service, the authority for all or any of Your Organizations to use the Service or Your rights of access to all or any Data.

4. Accrued Rights:

   Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement, You will:

   1. remain liable for any accrued charges and amounts which become due for payment before or after termination, and
   2. immediately cease to use the Services and the Website.

5. Expiry or termination:

   Clauses 3.1, 3.7, 4, 5, 6, 7, 8, and 10 survive the expiry or termination of these Terms.

1. Technical Problems:

   In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Juan Tax. If You still need technical help, please check the support provided online by JuanTax on the Website, or failing that email us at help@juan.tax.

2. Service availability:

   Whilst JuanTax intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.

   If for any reason JuanTax has to interrupt the Services for longer periods than JuanTax would normally expect, JuanTax will use reasonable endeavors to publish in advance details of such activity on the Website.

3. Unsubscribing from emails:

   JuanTax may deliver important announcements through emails — such as a notification regarding changes that will be made such as updates in pricing, changes in payment terms, and account management concerns. While we also utilize other platforms to create these advisories, it is still recommended to check your emails to be always updated. If in any case, You missed a vital message due to Your unsubscription, You agree to release JuanTax and its directors, officers, volunteers, representatives, and agents from any responsibility for the errors, omissions, and inconsistencies that may occur. You agree to waive and release JuanTax, its directors and officers, employees, and representatives for being accountable for your actions if and when consequences (e.g. additional charges or the end-of-life of a product) arise from being unsubscribed to JuanTax’s mailing list.

1. Entire agreement:

   These Terms, together with the JuanTax Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and JuanTax relating to the Services and the other matters dealt with in these Terms.

2. Waiver:

   If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

3. Delays:

   Neither party will be liable for any delay or failure in the performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

4. No Assignment:

   You may not assign or transfer any rights to any other person without JuanTax’s prior written consent.

5. Governing law and jurisdiction

   This Agreement shall be governed by and construed in accordance with the laws of the Philippines. Any dispute or controversy between the subscriber and JuanTax which may arise out of or in relation to this subscription shall first be settled by friendly discussions. If there is a failure to amicably settle such dispute or controversy, any party may institute an action in the proper court in the City of Makati. The subscriber irrevocably and unconditionally waives any objection he/she may now or hereafter have to the laying of the venue of any action, suit, or proceeding, and further waives any claim that any such action, suit, or proceeding brought in the courts of the Philippines has been brought in an inconvenient forum. The foregoing, however, shall not limit or be construed to limit the rights of JuanTax to commence proceedings against the subscriber in any other venue where assets of the subscriber may be found.

6. Severability

   If any part or provision of these Terms is invalid, unenforceable, or in conflict with the law, that part or provision is replaced with a provision that, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

7. Notices

   Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to JuanTax must be sent to help@juan.tax or to any other email address notified by email to You by JuanTax. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.

8. Rights of Third Parties

   A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

BY SUBSCRIBING TO JuanTax, YOU HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN THE USE OF E-BIR PORTAL AND ANY/ALL ACTIVITIES ASSOCIATED WITH THE USE OF SAID SYSTEM, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the entity and persons being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.

You acknowledge that this Waiver and Release of Liability will be used by JuanTax, the BIR, or the Third Party Application in relation to the activity in which you may participate and that it will govern your actions and responsibilities at said activity.

In consideration of your application and permitting to participate in this activity, you hereby take action for yourself, your executors, administrators, heirs, next of kin, successors, and assigns as follows:

(A) YOU WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entity released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to you including your traveling to and from this activity, THE FOLLOWING ENTITY, AND PERSONS: JuanTax and/or its directors, officers, members, employees, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers;

(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entity or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise such as (a) your acts or omissions including but not limited to your provision of professional services, implementation support, or other products or services or breach of this agreement.

You acknowledge that JuanTax and its directors, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act as members, of any party or entity conducting a specific activity on their behalf.

You understand while participating in this activity, he/she may be required to supply personal information. You agree to supply all kinds of information to be used for any legitimate purpose by JuanTax in facilitating the filing and payment to the BIR.

The Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

SUBSCRIBER CERTIFIES THAT HE/SHE HAS READ THIS DOCUMENT AND FULLY UNDERSTANDS ITS CONTENT. SUBSCRIBER IS AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND HE/SHE AGREES TO IT OF HIS/HER OWN FREE WILL.

These terms were last updated on October 18, 2022.