Terms of Service / Terms & Conditions
TERMINATION. In the event of a material breach, either party may terminate this Agreement prior to the end of the term by providing [30] days’ written notice to the defaulting party.
CLIENT’S OBLIGATIONS. The Client shall be solely responsible for providing the Accountant/Bookkeeper with financial information related to their personal and/or business affairs including, but not limited to, all materials, data, and documents necessary to perform the Services under this Letter. The Client acknowledges and agrees that the accuracy, quality, integrity, reliability, legality, appropriateness, and intellectual property ownership or right of use of all client data supplied to GotAccountants.com and/or Accountant/Bookkeeper and is the sole responsibility of the Client and GotAccountants.com and/or Accountant/Bookkeeper shall be held harmless from any liability resulting from the client data supplied.
WE NEED AND RELY ON INFORMATION FROM THE CLIENT. Our provision of the Services requires that you provide us access to corporate, financial and all related information, information technology systems or services, and/or input from you, the client or your representatives. The client and/or its representatives agrees to timely provide and respond all such information requests and information, access and input and reasonably cooperate with us in our provision of the Services. You agree to provide good faith assumptions and accurate and complete representations, information and data, and you agree that we may assume you have done so without further investigation or verification. You agree that late or insufficient information, access or input from you may cause delay in the performance of the Services, inability to provide the Services, or increase in the amount of our fees.
For the avoidance of doubt, if our performance of the Services is prevented or delayed by any act or omission by you or your agents, vendors, consultants, or employees, we will not be in breach of our obligations or otherwise liable for any related costs, charges, or losses incurred by you.
MODIFICATIONS TO THE SERVICES. The client understands that we may modify, change and/or improve our Services. The client agrees that we may add or remove functionality or features, and that we may suspend or stop part of the Services altogether. Similarly, because some of our Services are provided by our personnel, we reserve the right to determine from time to time in our sole discretion the personnel assigned to provide the Services to you.
GotAccountants.com IS NOT A CERTIFIED PUBLIC ACCOUNTING FIRM. The client understands and agrees that GotAccountants.com is not a certified public accounting firm and does not provide services that would require a license to practice public accounting. You acknowledge that GotAccountants.com is not a member of the American Institute of Certified Public Accountants (AICPA) and is not governed by any AICPA rules. The Services do not include, and you will not rely on them for: (i) audit, attest, examination, verification, investigation, certification, presentation, or review of financial transactions or accounting records.
Sole Accountant/Bookkeeper. You agree that GotAccountants.com will be your sole bookkeeping and/or accounting company and in performing such Services we must use, record, classify and reconcile your financial transactions and other data to prepare your books. For example, depending upon the Services we provide, we may have to:
(a) import transactions to your books in order to reconcile your bank accounts,
(b) categorize transactions in your books to expense accounts and to balance sheet accounts for amortization purposes, and/or
(c) sync your payroll data via an integration or otherwise. As a result, once we have performed such tasks, any modifications made by you or on your behalf (for example, by another third-party service provider) to your books may adversely impact Services previously performed by us, causing us to have to re- perform such Services in order to resolve any resulting inconsistencies or inaccuracies or to confirm that there are no such inconsistencies or inaccuracies. If you engage another third- party service provider to make changes to your books, or you otherwise make changes to your books directly, while or after you have engaged us to provide bookkeeping Services, the parties agree to the following remedies, which shall be at our option and in addition to any rights provided by contract, law or in equity:
(i) we may delay bookkeeping deliverables that are on a deadline,
(ii) we may charge our standard fees for the additional work required to remediate the situation, and/or
(iii) we may terminate your subscription at any time upon written notice without a refund of prepaid fees for unelapsed months of any Services.
For the avoidance of doubt, this Section (Sole Accountant/Bookkeeper.) does not prevent you from managing accounts payable and/or accounts receivable in QuickBooks, and/or processing payroll through QuickBooks.
NO EMPLOYMENT, PARTNERSHIP OR AGENCY RELATIONSHIP.. Each party is an independent contractor, and except as expressly set forth in the Agreement neither party has any authority to act on behalf of the other. Neither party will represent itself as agent, servant, franchisee, joint venturer, joint employer or legal partner of the other. You agree not to represent our personnel as, or request that our personnel act as, an employee, officer, agent or other representative of your entity. We are entering into the Agreement as principal and not as agent for any Affiliate, and claims under the Agreement may be brought only against us and not against any of our Affiliates.
UNFAIR COMPETITION. You may not use the Services, Our Technology, or any materials provided by us to build a competitive product or service or to benchmark with a product or service not provided by us.
NOTICES. Any notices, bills, invoices, or reports required by this Letter shall be deemed received on the day of delivery if delivered by hand, standard mail, e-mail, or facsimile during the receiving party’s regular business hours.
DISPUTE RESOLUTION. All disputes under this Letter shall be settled by arbitration in the State of governing law before a single arbitrator pursuant to the commercial law rules of the American Arbitrator Association. Arbitration may be commenced at any time by any party hereto giving written notice to the other party to a dispute that such dispute has been referred to arbitration. Any award rendered by the arbitrator shall be conclusive and binding upon the Parties hereto. This provision for arbitration shall be specifically enforceable by the Parties, and the decision of the arbitrator in accordance herewith shall be final and binding without right of appeal.
SEVERABILITY. If any provision of this Letter shall be held to be illegal, invalid, or unenforceable under present or future laws, such provisions shall be severable, and this Letter shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Letter, with the remaining provisions of this Letter surviving in full force and effect. By remitting payment to GotAccountants.com you are accepting our term of service and waive all right to any and all legal action against GotAccountants.com and 5P Bookkeeping LLC. INDEMNIFICATION. Client will hold Pleasemybooks.com harmless from any and all legal action as a result of work performed. GotAccountants.com is not responsible for the client data or data in your financial records.
ADDITIONAL TERMS AND CONDITIONS.
FEES/REFUNDS
Access to the Services may require Customer to pay Service Fees as described in the
(Scope of Work) Agreement, via email, text or any form of communication and/or in the Account or in the mobile app. All Fees are in U.S. dollars and are non-refundable, unless otherwise provided herein. GotAccountants.com reserves the right to amend the Fees, in the App or in the Account; such changes shall take effect within ninety (90) days unless accepted by Customer earlier or if Customer does not close their Account within such delay.
PREPAID SERVICES. Any prepaid Services including hourly services must be used within one year from the service start date/activation of service. Any unused Services or unused hours after one year from the service start date will automatically expire and are non-refundable.
Service fees are up to 90% refundable only within 90 days from your initial purchase date, less services rendered. After 30 days from the initial purchase date, the fees paid are non- refundable. We strongly encourage our customers to fully utilize our products and services in the first 90 days following their purchase to determine if the service is a good fit for you and/or your business. We will withhold a $200 fee for entity classification election filings completed.
Monthly and Quarterly fees are non-refundable prior to cancellation and are NOT pro-rated for partial months. YOU ACKNOWLEDGE AND AGREE THAT WE MAY SUBMIT MONTHLY OR QUARTERLY CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGEYOUR PAYMENT METHOD.
CHARGEBACK PREVENTION POLICY. If you initiate a chargeback, merchant dispute, or other proceeding with your financial institution with respect to a valid purchase you make from us, then we may share all information and documents with your financial institution for the purposes of defending our right to collect (and retain) your payment for the purchase.
If you are successful in obtaining a chargeback (or similar refund) because of the proceeding, then we may invoice you for the full unpaid purchase price of all services which you received from us and you shall pay us all valid amounts in that invoice within 30 days of receipt. If you do not timely make that payment, then we may pursue all remedies available to us, including instituting legal action in any court with competent jurisdiction to enforce our right to receive that payment. If we are successful in any such proceeding, then you shall reimburse us for all our reasonable costs and expenses (including attorney’s fees) we incur in seeking that payment from you.
FORCE MAJEURE. Notwithstanding any provision contained in the Agreement, neither party will be liable to the other to the extent performance of any obligations (other than the payment of money) under the Agreement is delayed or prevented by an act of God (e.g., a natural disaster, earthquake, accident or epidemic) or another event outside of reasonable control of the party seeking excuse of performance (e.g., acts of war, terrorism, government authority or by another third party outside the party’s control).
This Letter is the final, complete, and exclusive agreement of the Parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, communications, and agreements, whether written or oral, between the Parties relating to the subject matter hereof and all past courses of dealing or industry custom. No modification of or amendment to this Letter shall be effective unless in writing and signed by each of the Parties.
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