The terms we work on.

01Definitions

• "DonorAssured", "we", "us": Tax A Sured (Pty) Ltd, a registered tax practice (SARS practitioner number PR-0005815), trading as DonorAssured for the service described on donorassured.co.za.
• "You", "the organisation": the public benefit organisation, non-profit or other entity that engages us, or the practitioner engaging us on its behalf.
• "Records": the organisation details and donation records you give us, in our template or another agreed form.
• "Return": an IT3(d) third-party data return filed with SARS for a reporting period.
• "Certificate": a receipt issued under section 18A of the Income Tax Act, 1962, for a donation.
• "SARS": the South African Revenue Service. "POPIA": the Protection of Personal Information Act, 2013.

02The service

For each reporting period in your engagement, we will:

• check your records against what SARS requires for an IT3(d) return and tell you, by row, anything that must be fixed before filing;
• once the records are clean and you have approved them, prepare and file the return with SARS within the submission window, provided we received the clean records in reasonable time before it closes;
• issue a certificate for each donor, in your organisation's name, carrying your logo and your authorised signatory;
• tell you in plain language what SARS accepted or queried, and file corrections you give us as corrections to the original return;
• keep a record of what was filed and issued.

The service is provided for South African organisations and SARS returns only.

03What we need from you

You warrant and undertake that:

• your organisation holds valid section 18A approval from SARS for the donations in the records, and you will tell us at once if that changes;
• the records are accurate and complete, reflect donations actually received, and are given to us in reasonable time before each submission window;
• you have the right under POPIA to give us the donor information in the records for this purpose;
• the person approving a return and the signatory named on certificates are authorised to do so;
• you will answer our queries about problems in the records, and about SARS's response, promptly.

We check records against SARS's rules. We do not audit them, verify that a donation happened, or verify a donor's identity beyond what the record says. If SARS later queries a donation, the answer comes from your records.

04Authority to file

By engaging us you authorise Tax A Sured (Pty) Ltd, as registered tax practitioner and submitting entity, to prepare and file IT3(d) returns and corrections with SARS on your organisation's behalf, and to receive SARS's responses to them. We file only what you have approved. Any declaration SARS requires from the organisation about the return's completeness and accuracy is made on your behalf on the strength of your approval, and you remain responsible for it.

05Certificates

Certificates are issued in your organisation's name and are your documents. We number them, produce them to the wording SARS prescribes, and keep a record of every one. One certificate may cover a donor's donations for a calendar month. If a record is corrected after a certificate has been issued, we re-issue that certificate under the same number and tell you which ones changed. You are responsible for sending certificates to donors unless we agree otherwise in writing, and for withdrawing any certificate that should not have been issued.

06Fees

• Fees are quoted per filing, based on the number of donors and donations, and confirmed in writing before we start.
• Amounts are in South African rand and exclude VAT, which is added where applicable.
• We invoice on filing, or as agreed in the quote, and invoices are payable within 30 days.
• Work on a later filing may be paused while an invoice is overdue; we will say so before the submission window rather than let a deadline pass.
• A return that has to be re-checked because the records changed substantially after approval may be quoted again.

07Personal information

For donor information in the records, you are the responsible party and we are your operator under POPIA. We process it only to provide the service, keep it in South Africa, protect it as our privacy policy describes, and delete it when it is no longer needed for the service or required by law. You own your records and the certificates; we own the methods, templates and systems we use to produce them.

08What we don't promise

• We do not give tax advice. Whether a donation qualifies under section 18A, whether your organisation's approval covers it, and what a donor may deduct are questions for you and your tax adviser.
• We cannot guarantee that SARS accepts a return. We prepare returns to SARS's published specification, but SARS's systems and rules change and SARS decides. If a return or record is rejected, we will tell you why and re-file corrections at no extra charge where the cause was ours.
• We are not responsible for deadlines missed because records arrived late, incomplete, or were not approved in time.

09Liability

To the extent the law allows, our total liability to you for anything arising out of an engagement is limited to the fees you paid us in the twelve months before the event giving rise to the claim. We are not liable for indirect or consequential loss, loss of donations or funding, penalties or interest charged by SARS where the cause was the records or a late approval, or the acts of SARS. Nothing in these terms limits liability that cannot be limited by law.

You indemnify us against claims arising from records that were inaccurate, incomplete or given to us without the right to do so, and from certificates issued on the strength of them.

10Ending the engagement

Either of us may end the engagement on 30 days' written notice. Filings already in progress for an open submission window are completed and invoiced. We may end it immediately if an invoice is more than 60 days overdue or if you ask us to file something you know to be untrue. When the engagement ends we give you, on request, a copy of every return and certificate we filed or issued, and then delete your records as the privacy policy describes.

11General

• These terms are governed by South African law, and the courts of South Africa have jurisdiction.
• We will try to resolve any dispute by discussion first, then mediation, before either of us goes to court.
• Neither of us is liable for failing to perform because of something beyond reasonable control, including SARS systems being unavailable, though we will tell you as soon as we know a window is at risk.
• We may update these terms. Changes apply to engagements quoted after the date at the top of this page; an engagement in progress stays on the terms it was quoted on.
• If any part of these terms is unenforceable, the rest still applies. These terms, the quote you accepted and the privacy policy are the whole agreement between us.

12Contact

Questions about these terms: info@donorassured.co.za. Tax A Sured (Pty) Ltd, Unit 31, Muirfield House, Midpark Business Village, 2 Greens Close, Cape Town, 7500. Its PAIA manual is described in the privacy policy.