Effective Date: August 6, 2025
Organization Name: Olaya Management & Accounting Inc.
These Terms and Conditions govern your access to, and use of the services provided by Olaya Management & Accounting Inc. and your use of our automated notifications and reminders service (“the Service”). By engaging our services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. Please read them carefully, as they establish important rights, obligations, and limitations regarding your relationship with the Company.
By opting in to receive text messages from us, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, please do not use our service. Please read these Terms carefully to understand your rights and obligations. These Terms cover important information about permissible use of the Service, how we will communicate with you (including via SMS), and limitations of liability. We have drafted these Terms to comply with 10DLC messaging requirements and applicable Canadian laws so that our text communications remain transparent.
1. Definitions
For clarity in these Terms:
2. Service Description
Olaya Management & Accounting Inc provides accounting, tax preparation, consulting, payroll, and related financial services, which may include text message notifications for invoice reminders, tax deadlines, and document requests at the client’s request. Clients may only be enrolled in these notifications after they have completed an opt-in request form.
All messages you receive will be transactional or informational in nature – we do not send promotional or marketing content via text. Our SMS communications are meant to help you fulfill your obligations (like paying an invoice or providing tax documents) and to enhance our service delivery to you.
Integration with QuickBooks: We use QuickBooks Online as our invoicing platform. We may integrate your Account on QuickBooks Online with our SMS Service Provider(s) to automatically identify overdue invoices or relevant financial information. This integration allows us to send timely reminders based on real-time data. Use of QuickBooks is subject to Intuit’s own terms and privacy policy; we are not responsible for any issues arising from QuickBooks Online. We do not control or define which specific data fields are transferred between integrated systems, such as between QuickBooks Online and our SMS Service Provider(s). The data shared is determined by the systems involved. All service providers we use, such as SMS Service Provider(s), are contractually obligated to use your data only for the purposes we authorize, and never for marketing or independent use. While we carefully select reputable, security-conscious providers, Olaya Management & Accounting Inc. is not responsible for actions taken by these providers that are outside of our control or in breach of their obligations.
3. User Consent and Opt-In
By providing your mobile phone number to us and confirming your desire to receive text messages (by opting in through an opt-in form), you expressly consent to receive SMS messages from Olaya Management & Accounting Inc as described in this policy. You acknowledge that you have read and agree to this Terms and our Privacy Policy, including how we collect and use your information for messaging. This consent covers any of the transactional and informational messages outlined above under Service Description.
4. How to Opt-Out or Unsubscribe
We respect your right to stop receiving messages at any time. To unsubscribe from SMS communications, simply reply STOP to any message you receive from us. You may also contact us by email or phone (see Section 15. Contact Information) to request removal of your number. We will process all unsubscribe requests within 10 business days.
Effect of Opting Out: Opting out of text messages will not affect other communications you may receive from us. We may still communicate with you via email, phone, or other means as necessary for our business relationship, unless you also inform us to limit or stop those communications. However, be aware that opting out of texts means you might miss important reminders sent via SMS. If you opt out and later wish to re-enroll in the SMS service, contact us to re-consent.
5. How to Get Help
If at any time you need assistance or more information regarding our text messaging service, you can reach out for help through information provided in Section 15. Contact Information. Our team will be happy to assist you with any questions or issues regarding the Service, such as if you need to change the phone number on file, didn’t receive an expected message, or have general questions about our text communications.
6. Client Responsibilities and Appropriate Use
When you use our Service, you agree to the following responsibilities:
7. Fees and Charges
Fees for accounting, tax preparation, consulting, payroll, and related financial services will be outlined in a separate engagement agreement or invoice.
Our website is free to use for browsing information. We do not charge a separate fee for the SMS reminders – it is provided as a courtesy/feature as part of our service offering. However, when we send you SMS messages or you send messages to us, your mobile carrier may charge you standard message and data rates. For example, if you pay per text or have a limited texting plan, the SMS we send or that you send (like a STOP message) might incur a cost per your mobile plan. We are not responsible for any such carrier charges. Check with your mobile provider if you are unsure about what costs may apply. By opting into our SMS service, you accept responsibility for any texting fees charged by your carrier.
8. Privacy and Data Protection
Your privacy is very important to us. Our collection, use, and sharing of your personal information in connection with the Service are described in our Privacy Policy (available on our website). By agreeing to these Terms or using our Service, you also agree to the terms of our Privacy Policy.
9. Disclaimers of Warranties
SMS Service As-Is: We strive to provide a reliable and high-quality Service, but Olaya Management & Accounting Inc makes no guarantees or warranties of any kind, express or implied, regarding the website and the SMS notification Service. The Service is provided on an “as is” and “as available” basis. This means that we do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that communications (emails, texts, etc.) will always reach you or be free of mistakes. Delivery of text messages can be dependent on third-party factors such as mobile network operators and internet providers, which are outside of our control. We do not guarantee the accuracy or completeness of any information in our messages if, for instance, there was an unforeseen error. For example, if an invoice amount or due date is mistakenly stated in a message, we are not liable for such error, but we will correct it once noticed.
No Professional Advice by SMS: The content of our communications (text messages, or on our website) is for informational purposes regarding our services. While we may remind you of financial deadlines or requirements, these messages should not be considered official financial or legal advice. Always consult directly (in person or via a formal communication) for detailed professional advice. We cannot be held responsible if you rely on information from an SMS alone for critical decisions without confirming its accuracy through proper documentation or consultation. To the fullest extent allowed by law, we disclaim all warranties, whether express, implied, or statutory.
10. Modification and Termination of Services
Changes to Terms: We may update or modify these Terms from time to time. If we make material changes, we will provide notice by posting the revised Terms on our website. It is your responsibility to review these Terms periodically. By continuing to use the Service after any changes become effective, you agree to the updated Terms. If you do not agree to the revised Terms, you should stop using our website and Service.
Suspension/Termination of Service: Either party may terminate the engagement at any time with written notice. Upon termination, you are responsible for paying for services rendered up to the termination date. We reserve the right to suspend or terminate the SMS Service (or your access to it) at any time, for any reason, and without advance notice. For example, if we suspect a security issue or if you violate these Terms, we may suspend messaging to your number or block access to our site to protect you, us, or others. We also reserve the right to discontinue the SMS notification program entirely. We are not liable to you or any third party for any modification, suspension, or discontinuation of any part of the Service. If you wish to terminate your use of our services, you may opt out of communications as described. Any provisions of these Terms that by their nature should survive termination (such as limitations of liability, indemnity, governing law, etc.) will remain in effect.
11. Limitation of Liability
No Consequential Damages: Under no circumstances will Olaya Management & Accounting Inc or its directors, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of (or inability to use) the Service, even if we have been advised of the possibility of such damages. This includes, without limitation, damages for lost profits or revenues, financial losses, loss of data, business interruption, or the cost of substitute services.
Cap on Direct Damages: To the extent we are found directly liable for any claims (despite the above disclaimers), our liability to you will be limited to the amount you have paid us in fees for services in the last six (6) months, or CAD $100, whichever is greater.
Responsibility for Payment: If a payment deadline is missed because an SMS was delayed, you accept that you should not solely rely on SMS and should keep track of important deadlines through official invoices or communications. Furthermore, you agree that your use of our services (including acting on information delivered via text) is at your own risk, and you will not hold us responsible for any harm that results. We provide this Service as a convenience and enhance it continually, but you remain responsible for managing your obligations (like paying invoices and taxes) and should not depend on our reminders as your only notice.
Third-Party Services: Our Service may incorporate or link to third-party services: QuickBooks Online, or SMS Service Provider(s). We are not liable for acts or omissions of any third-party service providers. Your use of QuickBooks Online or any other third-party service is governed by that third party’s terms, and we shall not be responsible if, for instance, QuickBooks experiences an outage or error that affects our ability to send a reminder.
12. Indemnification
You agree to indemnify, defend, and hold harmless Olaya Management & Accounting Inc and its affiliates, and their respective directors, officers, employees, and agents, from and against any and all claims, liabilities, losses, expenses, damages, and costs (including attorney’s fees) arising out of or related to: (a) your use or misuse of our website or Service; (b) your violation of these Terms or any law or regulation; (c) any content or data you transmit through the Service (for example, if you were to send us sensitive, unlawful or defamatory information via text or email); (d) any negligence or misuse by Olaya Management & Accounting Inc of this Service.
13. Governing Law and Dispute Resolution
These Terms and any use of the Service or website are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. However, before filing any legal action, we both agree to try to resolve any dispute amicably through good-faith negotiation. You agree to contact us (see Section 15. Contact Information) to discuss any issue, and we will do our best to address your concern.
14. Miscellaneous
Entire Agreement: These Terms, together with the Privacy Policy and any other guidelines or agreements expressly incorporated by reference, constitute the entire agreement between you and Olaya Management & Accounting Inc regarding the use of our website and Service. They supersede any prior agreements or communications between us relating to the subject matter.
15. Contact Information
If you have any questions about these Terms, the operation of the Service, or if you wish to contact us for any reason, you can reach us at:
Olaya Management & Accounting Inc.
Address: 1155 Barmac Drive, Unit 2B. North York, ON M9L 1X4
Phone: 905-266-2835
Our business hours are [Monday–Friday, 9:00 am–5:00 pm Eastern Time]. We will endeavor to respond to any inquiries as quickly as possible. By using our website or providing your phone number and accepting texts, or opting in to text reminders, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy.
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