Terms of Use

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the selected Acounta Plan (hereinafter “Client”) agree and willingly purchase entry into this program to be provided with services rendered by Acounta, Inc. a Delaware Corporation (hereinafter “Company”), and you agree you are voluntarily entering into a legally binding Agreement with Company, inclusive of the following terms and conditions mutually agreed upon:

Term-Of-Use
By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the selected Acounta Plan (hereinafter “Client”) agree and willingly purchase entry into this program to be provided with services rendered by Acounta, Inc. a Delaware Corporation (hereinafter “Company”), and you agree you are voluntarily entering into a legally binding Agreement with Company, inclusive of the following terms and conditions mutually agreed upon:
 

Company and Client hereby voluntarily and willingly agree as follows:

 
For good and valuable consideration in accordance with the selected Acounta service Plan, the receipt and sufficiency of which is hereby acknowledged by all parties, Client is electing to purchase an online bookkeeping service through Company (hereinafter “Service”). Company agrees to provide the services outlined below, and as outlined in the Service Outline Addendum attached hereto, which outlines the specific package options Client may purchase. Client understands and agrees that Company will utilize suitable methodologies in accordance with Client’s needs, and in accordance with her/her training.
 
 

1. Service Details

 

  1. Client understands and agrees Company will provide Client with online bookkeeping services, financial statements, tax preparation, and other similar services.
  2. Company will provide the services outlined in detail in the attached Service Outline Addendum. Client confirms he/she has read the Service Outline Addendum, asked Company any and all necessary questions, and conducted any research necessary to feel he/she understands what is (and isn’t) being provided in Service.
  3. Service does not include any personalized financial advice and is not designed to take the place of an accountant, CPA, financial advisor, or tax advisor. By completing this Agreement, you confirm you understand the difference between virtual bookkeeping services and financial advising, and do not expect Company to provide any services or advice other than that outlined below in the Service Outline Addendum.

2. Client Content

 

  1. Client is responsible for all content provided to Company, including but not limited to all materials, data, financial information, and personal information (“Content”) emailed, uploaded, posted, stored, or otherwise shared with Company in connection with the Services. Client grants Company a worldwide, royalty-free, non-exclusive license to host and use any Content provided through Client’s use of the Services, excluding confidential financial information belonging to Client.
  2. Company is not responsible for the accuracy of Services if such errors found in the Services stem from inaccuracies or incompleteness of Content provided to Company by Client. Company will not be liable nor responsible for any resulting penalties, fines, or other action taken against Client due to inaccurate bookkeeping when such errors stem from incorrect information provided by Client, directly or indirectly. Client will fully indemnify, defend and hold harmless Company from any third party claims or asserted liability as to the information contained in Client’s books, when stemming from a Client error.

3. Confidentiality

 

  1. Company respects each client’s privacy and will not reveal anything said by Client in sessions without prior written consent from Client, other than as is legally required or in order to secure the health or well-being of Client.
  2. This Agreement is considered a mutual non-disclosure agreement, meaning both Client and Company agree not to disclose, reveal, or make use of any confidential information learned by either party during discussions, sessions, calls, emails, or otherwise. Such “Confidential Information” includes, but is not limited to, financial information, bookkeeping or financial strategies, exercises, or other methodologies Client learns as a result of working with Company, plans or outlines for future Services or packages, information contained in documents or any other original work created by Company, and any and all other intellectual property (discussed below.)
  3. Client and Company agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Client working with Company shall survive the expiration of this Agreement and Company’s services. This means Client and Company both agree to continue to keep Confidential Information private, even after the completion of working with Company.
  4. Should Client breach this provision and disclose confidential or proprietary information belonging to Company or another participating in the Service, Client understands additional action may be taken by Company up to and including legal action.
  5. Should Client elect to provide Company with any login credentials or access to confidential and personal financial information belonging to Client and/or any members or employees of Client, Company confirms it will take great care to keep such information safeguarded, password protected, and only shared with those who must have the information in order to carry out the Services. In the event of a security breach or third-party hacking wherein Client’s confidential information is or may be compromised, Company will take all reasonable measures to safeguard, protect, and retrieve such information, but will not be financially responsible or liable for any such hacking, absent gross negligence with respect to data safeguarding. Please review Company’s privacy policy at www.acounta.com prior to entering into this Agreement. By completing this Agreement, you confirm you have read and agree to the Privacy Policy located therein.
  6. If any services within Service include sessions via phone, Skype, Zoom, or any other form of online video or audio session, Client understands the risks and potential consequences of such sessions, including but not limited to the possibility that the transmission of information could be distorted, interrupted, or accessed by unauthorized persons. Client gives his/her informed consent to engage in phone or online video sessions as part of Program.

Intellectual Property Rights

 

  1. Company is to maintain all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Service, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, tutorial videos, trade secrets, marketing strategies, guides, and any other original work created by Company. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business but understands that the rights remain with Company. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Company to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Service.
  2. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Company or obtained through working with Company, without Company’s express written consent. If such behavior is discovered or suspected, Company reserves the right to immediately end your participation in the Service without refund, as well as access to any Service or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
  3. Licensee Rights: Company’s Limited License to Client: Client understands that in purchasing the Service, he/she is gaining access to view all content and information available as part of the Service, as well as any additional information or content shared with him/her by Company as he/she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Company. As a “Licensee,” Client understands and agrees that Client will not: (a) Copy, edit, distribute, duplicate or steal any information or any Content obtained through Service without written permission by Company; (b) post, distribute, copy, steal or otherwise use any portion of the Service or its content without written permission by Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client, (c) share purchased materials, information, content with others who have not purchased them.

4. Payment

 

  1. Client understands the cost of the Services selected by Client will be billed according to the packaged picked by Client and charged automatically, in accordance with the Auto-Renewal Terms outlined below in paragraph five (5). Client understands he/she is responsible for the full payment each month, and agrees to pay the sum requested electronically, via Company’s website or a designated third-party payment processor of Company’s choosing, in full. Client understands and agrees that any additional bookkeeping session, including but not limited to an initial “catch up” session performed by Company, will be billed separately and owed to Company when charged.
  2. If a Client’s Subscription expires or is terminated, Client may lose access to his/her data and/or the functionality of the website may be limited, disabled or entirely unavailable.
  3. Company reserves the right to cancel Client’s Services should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Client understands he/she is not entitled to a refund of funds already issued and earned, and Company will have no further obligation with respect to the Services.

5. Recurring Subscription Charges; Auto-Renewal Terms

 

  1. Client understands and agrees that continued access to the Services requires recurring monthly payments as outlined above. Client understands he/she will be automatically charged each month, via the same card or manner in which the initial payment was made, for the following month of Services. This process will repeat each month unless and until Client properly cancels the Services.
  2. CANCELATION POLICY: If Client wishes to cancel the Services, Client must do so more than 72 hours before the charge is scheduled to withdraw. Any requests for cancelation made less than 72 hours before the automatic renewal is scheduled to charge Client’s card, or made subsequent to the charge, will take effect the following month.
    1. HOW TO CANCEL: Cancellation will be by going to “billing dashboard” and clicking on “cancel account.” There will be no refunds provided. Either billing will stop at the following month that has not yet been paid or for annual subscriptions, it will not auto renew at the end of the annual term and the functionality will remain available to the Client until the end of the paid-for term. Client may also cancel by sending an email to info@acounta.com with the subject line “CANCEL.”
  3. If Client purchased access to Membership Site during a period in which a free month(s), or trial period was granted, Client understands he or she will be automatically charged the full monthly amount following the end of the trial period. Client will not be given any additional notice regarding the end of the trial period, other than the email as outlined above, notifying Client that his or her card will be charged in the near future for the following month.
  4. By clicking “Agree” or “Submit,” you confirm you are giving your unequivocal, clear, affirmative consent to these automatic renewal terms, the cancelation policy, and that you understand how to cancel before your card is charged for the following month.

6. Termination

 

  1. Client may terminate this Agreement by canceling Services via the process outlined in paragraph five (5).
  2. Company may terminate at any time by providing Client with thirty (30) days’ written notice, confirming the termination of services and winding up of all financial documents for the following thirty days.
  3. In the event of a material breach by either party that cannot be cured within a reasonable time frame, the non-breaching party may elect to terminate the Agreement effective immediately, with a reasonable amount of time for winding down and wrapping up all remaining Services.

7. Refund Policy

 

  1. Company is not able to offer refunds once Client has purchased access to the Services, unless Services were not provided as promised. If Client is dissatisfied with the Services, he or she may elect to cancel via the CANCELATION POLICY outlined above in paragraph five (5), and will not be charged for subsequent months.
  2. Client further agrees and understands that changing his/her mind about the Services, failing to follow through or understand the details of the Services, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle them to a refund.

8. Client Portal

 

  1. In order to access the Services, Client will be provided with a link to a client portal (“Portal”) as well as initial login credentials to access the platform. Client understands its username and password will be his/her own responsibility – Company recommends refraining from sharing login credentials with anyone outside Client’s company or business and confirms Client will be responsible and fully liable for any data or security breach caused by a third-party gaining access to Client’s login credentials through Client.
  2. Client will upload all information and documents into the Portal within the time frame requested by Company; Company will issue all financial documents via the Portal, based upon the information provided by Client. Portal will be a third-party platform with adequate security and protection taken to ensure Client’s privacy, and to ensure such information is not viewable by unauthorized persons. In the event of a security or data breach within the Portal, Company will communicate with the third party, and may also refer Client to the third party platform to address such breach, remedies, and additional information. Client understands he/she/they will be voluntarily electing to upload all information into Portal, and do not hold Company responsible or liable for any security breach, so long as such breach was not directly caused by Company’s gross negligence.
  3. Services may include a community forum or other social features to exchange nonconfidential Content and information with other clients of the Services and the public (“Community Forum”). Company does not support and is not responsible for the content that may be posted, shared, or otherwise provided within Community Forums. Please use respect when interacting with other clients; do not reveal any confidential information, or other information Client does not want public. Should Client post anything offensive, harmful, or otherwise act in a disruptive manner, Company, in its sole discretion, may elect to remove Client from all Community Forums, temporarily or permanently based upon the offense and subsequent communications with Client. If Client is removed from a Community Forum, no refunds or pro-rated rates will be provided.

9. Indemnification

 

  1. Client agrees at all times to defend, fully indemnify and hold Company and any affiliates, agents, team members or other party associated with Company harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Service, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Service. Should Company be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Company’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Company, free of charge.
  2. Limitation of Liability: to the maximum extent permitted by applicable law, Company’s liability, as well as its affiliates and suppliers, for all claims related to or under this Agreement shall be limited to the amount Client paid for the Services during the twelve (12) months prior to such claim.

10. Disclaimer

 

1. Not Professional Advice

 

  1. The purpose of Service is to provide bookkeeping and other administrative financial services to Client. Service and content contained therein is not to be considered financial advice, and nothing within the Service is intended to provide or act as a substitute for personalized financial advice, tax advice, legal advice, or other professional advice by a licensed professional. Client understands Company is not a licensed financial expert, accountant, advisor, or CPA. Company is not attempting nor suggesting Client enroll in Service in place of a personalized consultation with a trained financial expert in Client’s geographical area.

2. Voluntary Participation

 

  1. Client understands and agrees that he/she is voluntarily choosing to enroll in Service and is solely responsible for any outcomes or results. While Company believes in her services and that Service is able to help many people, Client acknowledges and agrees that Company is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees he/she/they are fully responsible for the financial well-being of their company, and is electing to purchase Services through Company based upon independent research and conclusion that Company offers services that are right for Client.

3. Disclaimer / No Guarantees

 

  1. While many of Company’s past and current clients have experienced wonderful benefits from the Service, Company cannot guarantee results of the Service, and cannot make any representations or guarantees regarding individual results. Client will hold Company and Service harmless if he or she does not experience the desired results.
  2. Earnings Disclaimer: Company also does not make any guarantees or assurances regarding a particular financial outcome based on use of Service, nor is Company responsible for Client earnings, or any increase or decrease in finances based upon information within Service. Any information or testimonials regarding past or current clients’ participation in Services, or working with Company contained on Website or in sales material that contain financial information are individual, and results may vary.
  3. Client understands that all services provided by Company in connection with the Service being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Service and work with Company on a purely voluntary basis and does not hold Company or Service responsible should Client become dissatisfied with any portion of the Service.
  4. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the Service, as long as Company delivers the Service as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Company and Client.
  5. Client agrees to hold Company harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Service. The content provided by Company on his/her website and within the Service is comprised of information that has worked for Company and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Company cannot guarantee results from this Service, and has no expectation of a specific result that he or she holds Company responsible for.

4. Dispute Resolution

 

  1. Should a dispute arise between Company and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Company responsible for any specific results, or those results which have been achieved by other clients of Company.) If unable to reach a resolution informally, Client and Company agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Los Angeles, California within a reasonable amount of time. Client and Company agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

5. Applicable Law

 

  1. This Agreement shall be governed by and under control of the laws of Delaware regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Delaware are to be applicable here.

6. Amendments

 

  1. This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum agreed upon by both Client and Company, or a party authorized to Agreement by clicking “submit” or “agree” on behalf of either party.

7. Entire Agreement

 

  1. Client and Company agree this Agreement constitutes the entire agreement between Company and Client, taking place of and superseding any and all prior agreements, discussions, correspondence, or proposals between parties. Client understands that if a portion of the Service or an expectation is not included in this Agreement, it does not apply and is not included within the Service. Client has taken any necessary measures to discuss further and have any questions answered by Company or Company’s team and is in full agreement with the terms outlined herein. By checking the box at checkout and completing purchase, Client is confirming he/she voluntarily gives his/her informed consent to receive services from Company and agree to abide by the terms and conditions outlined herein in this Agreement.

Service Outline Addendum

Community Forum Access: Client may also be granted access to a private group on social media organized by Company as part of the package. If granted access, Client agrees to use common sense when posting or responding to others’ in the group, and agrees to refrain from posting any negative or unnecessary comments.
 
Should Client choose to post anything in this group, Client is agreeing and acknowledging he or she will not post anything that could harm Company or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. Client understands that if he/she makes the decision to post content that constitutes cyber bulling, Client’s comments will be removed immediately, and Company reserves its right to take action against Client to the full extent of applicable laws.

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the selected Acounta Plan (hereinafter “Client”) agree and willingly purchase entry into this program to be provided with services rendered by Acounta, Inc. a Delaware Corporation (hereinafter “Company”), and you agree you are voluntarily entering into a legally binding Agreement with Company, inclusive of the following terms and conditions mutually agreed upon:

 

Company and Client hereby voluntarily and willingly agree as follows:

 

For good and valuable consideration in accordance with the selected Acounta service Plan, the receipt and sufficiency of which is hereby acknowledged by all parties, Client is electing to purchase an online bookkeeping service through Company (hereinafter “Service”). Company agrees to provide the services outlined below, and as outlined in the Service Outline Addendum attached hereto, which outlines the specific package options Client may purchase. Client understands and agrees that Company will utilize suitable methodologies in accordance with Client’s needs, and in accordance with her/her training.,

 

 

1. Service Details

 

  1. Client understands and agrees Company will provide Client with online bookkeeping services, financial statements, tax preparation, and other similar services.
  2. Company will provide the services outlined in detail in the attached Service Outline Addendum. Client confirms he/she has read the Service Outline Addendum, asked Company any and all necessary questions, and conducted any research necessary to feel he/she understands what is (and isn’t) being provided in Service.
  3. Service does not include any personalized financial advice and is not designed to take the place of an accountant, CPA, financial advisor, or tax advisor. By completing this Agreement, you confirm you understand the difference between virtual bookkeeping services and financial advising, and do not expect Company to provide any services or advice other than that outlined below in the Service Outline Addendum.

 

2. Client Content

 

  1. Client is responsible for all content provided to Company, including but not limited to all materials, data, financial information, and personal information (“Content”) emailed, uploaded, posted, stored, or otherwise shared with Company in connection with the Services. Client grants Company a worldwide, royalty-free, non-exclusive license to host and use any Content provided through Client’s use of the Services, excluding confidential financial information belonging to Client.
  2. Company is not responsible for the accuracy of Services if such errors found in the Services stem from inaccuracies or incompleteness of Content provided to Company by Client. Company will not be liable nor responsible for any resulting penalties, fines, or other action taken against Client due to inaccurate bookkeeping when such errors stem from incorrect information provided by Client, directly or indirectly. Client will fully indemnify, defend and hold harmless Company from any third party claims or asserted liability as to the information contained in Client’s books, when stemming from a Client error.

 

3. Confidentiality

 

  1. Company respects each client’s privacy and will not reveal anything said by Client in sessions without prior written consent from Client, other than as is legally required or in order to secure the health or well-being of Client.
  2. This Agreement is considered a mutual non-disclosure agreement, meaning both Client and Company agree not to disclose, reveal, or make use of any confidential information learned by either party during discussions, sessions, calls, emails, or otherwise. Such “Confidential Information” includes, but is not limited to, financial information, bookkeeping or financial strategies, exercises, or other methodologies Client learns as a result of working with Company, plans or outlines for future Services or packages, information contained in documents or any other original work created by Company, and any and all other intellectual property (discussed below.)
  3. Client and Company agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Client working with Company shall survive the expiration of this Agreement and Company’s services. This means Client and Company both agree to continue to keep Confidential Information private, even after the completion of working with Company.
  4. Should Client breach this provision and disclose confidential or proprietary information belonging to Company or another participating in the Service, Client understands additional action may be taken by Company up to and including legal action.
  5. Should Client elect to provide Company with any login credentials or access to confidential and personal financial information belonging to Client and/or any members or employees of Client, Company confirms it will take great care to keep such information safeguarded, password protected, and only shared with those who must have the information in order to carry out the Services. In the event of a security breach or third-party hacking wherein Client’s confidential information is or may be compromised, Company will take all reasonable measures to safeguard, protect, and retrieve such information, but will not be financially responsible or liable for any such hacking, absent gross negligence with respect to data safeguarding. Please review Company’s privacy policy at www.acounta.com prior to entering into this Agreement. By completing this Agreement, you confirm you have read and agree to the Privacy Policy located therein.
  6. If any services within Service include sessions via phone, Skype, Zoom, or any other form of online video or audio session, Client understands the risks and potential consequences of such sessions, including but not limited to the possibility that the transmission of information could be distorted, interrupted, or accessed by unauthorized persons. Client gives his/her informed consent to engage in phone or online video sessions as part of Program.

 

Intellectual Property Rights

 

  1. Company is to maintain all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Service, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, tutorial videos, trade secrets, marketing strategies, guides, and any other original work created by Company. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business but understands that the rights remain with Company. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Company to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Service.
  2. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Company or obtained through working with Company, without Company’s express written consent. If such behavior is discovered or suspected, Company reserves the right to immediately end your participation in the Service without refund, as well as access to any Service or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
  3. Licensee Rights: Company’s Limited License to Client: Client understands that in purchasing the Service, he/she is gaining access to view all content and information available as part of the Service, as well as any additional information or content shared with him/her by Company as he/she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Company. As a “Licensee,” Client understands and agrees that Client will not: (a) Copy, edit, distribute, duplicate or steal any information or any Content obtained through Service without written permission by Company; (b) post, distribute, copy, steal or otherwise use any portion of the Service or its content without written permission by Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client, (c) share purchased materials, information, content with others who have not purchased them.

 

4. Payment

 

  1. Client understands the cost of the Services selected by Client will be billed according to the packaged picked by Client and charged automatically, in accordance with the Auto-Renewal Terms outlined below in paragraph five (5). Client understands he/she is responsible for the full payment each month, and agrees to pay the sum requested electronically, via Company’s website or a designated third-party payment processor of Company’s choosing, in full. Client understands and agrees that any additional bookkeeping session, including but not limited to an initial “catch up” session performed by Company, will be billed separately and owed to Company when charged.
  2. If a Client’s Subscription expires or is terminated, Client may lose access to his/her data and/or the functionality of the website may be limited, disabled or entirely unavailable.
  3. Company reserves the right to cancel Client’s Services should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Client understands he/she is not entitled to a refund of funds already issued and earned, and Company will have no further obligation with respect to the Services.

 

5. Recurring Subscription Charges; Auto-Renewal Terms

 

  1. Client understands and agrees that continued access to the Services requires recurring monthly payments as outlined above. Client understands he/she will be automatically charged each month, via the same card or manner in which the initial payment was made, for the following month of Services. This process will repeat each month unless and until Client properly cancels the Services.
  2. CANCELATION POLICY: If Client wishes to cancel the Services, Client must do so more than 72 hours before the charge is scheduled to withdraw. Any requests for cancelation made less than 72 hours before the automatic renewal is scheduled to charge Client’s card, or made subsequent to the charge, will take effect the following month.
    1. HOW TO CANCEL: Cancellation will be by going to “billing dashboard” and clicking on “cancel account.” There will be no refunds provided. Either billing will stop at the following month that has not yet been paid or for annual subscriptions, it will not auto renew at the end of the annual term and the functionality will remain available to the Client until the end of the paid-for term. Client may also cancel by sending an email to info@acounta.com with the subject line “CANCEL.”
  3. If Client purchased access to Membership Site during a period in which a free month(s), or trial period was granted, Client understands he or she will be automatically charged the full monthly amount following the end of the trial period. Client will not be given any additional notice regarding the end of the trial period, other than the email as outlined above, notifying Client that his or her card will be charged in the near future for the following month.
  4. By clicking “Agree” or “Submit,” you confirm you are giving your unequivocal, clear, affirmative consent to these automatic renewal terms, the cancelation policy, and that you understand how to cancel before your card is charged for the following month.

 

6. Termination

 

  1. Client may terminate this Agreement by canceling Services via the process outlined in paragraph five (5).
  2. Company may terminate at any time by providing Client with thirty (30) days’ written notice, confirming the termination of services and winding up of all financial documents for the following thirty days.
  3. In the event of a material breach by either party that cannot be cured within a reasonable time frame, the non-breaching party may elect to terminate the Agreement effective immediately, with a reasonable amount of time for winding down and wrapping up all remaining Services.

 

7. Refund Policy

 

  1. Company is not able to offer refunds once Client has purchased access to the Services, unless Services were not provided as promised. If Client is dissatisfied with the Services, he or she may elect to cancel via the CANCELATION POLICY outlined above in paragraph five (5), and will not be charged for subsequent months.
  2. Client further agrees and understands that changing his/her mind about the Services, failing to follow through or understand the details of the Services, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle them to a refund.

 

8. Client Portal

 

  1. In order to access the Services, Client will be provided with a link to a client portal (“Portal”) as well as initial login credentials to access the platform. Client understands its username and password will be his/her own responsibility – Company recommends refraining from sharing login credentials with anyone outside Client’s company or business and confirms Client will be responsible and fully liable for any data or security breach caused by a third-party gaining access to Client’s login credentials through Client.
  2. Client will upload all information and documents into the Portal within the time frame requested by Company; Company will issue all financial documents via the Portal, based upon the information provided by Client. Portal will be a third-party platform with adequate security and protection taken to ensure Client’s privacy, and to ensure such information is not viewable by unauthorized persons. In the event of a security or data breach within the Portal, Company will communicate with the third party, and may also refer Client to the third party platform to address such breach, remedies, and additional information. Client understands he/she/they will be voluntarily electing to upload all information into Portal, and do not hold Company responsible or liable for any security breach, so long as such breach was not directly caused by Company’s gross negligence.
  3. Services may include a community forum or other social features to exchange nonconfidential Content and information with other clients of the Services and the public (“Community Forum”). Company does not support and is not responsible for the content that may be posted, shared, or otherwise provided within Community Forums. Please use respect when interacting with other clients; do not reveal any confidential information, or other information Client does not want public. Should Client post anything offensive, harmful, or otherwise act in a disruptive manner, Company, in its sole discretion, may elect to remove Client from all Community Forums, temporarily or permanently based upon the offense and subsequent communications with Client. If Client is removed from a Community Forum, no refunds or pro-rated rates will be provided.

 

9. Indemnification

 

  1. Client agrees at all times to defend, fully indemnify and hold Company and any affiliates, agents, team members or other party associated with Company harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Service, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Service. Should Company be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Company’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Company, free of charge.
  2. Limitation of Liability: to the maximum extent permitted by applicable law, Company’s liability, as well as its affiliates and suppliers, for all claims related to or under this Agreement shall be limited to the amount Client paid for the Services during the twelve (12) months prior to such claim.

 

10. Disclaimer

 

1. Not Professional Advice

 

  1. The purpose of Service is to provide bookkeeping and other administrative financial services to Client. Service and content contained therein is not to be considered financial advice, and nothing within the Service is intended to provide or act as a substitute for personalized financial advice, tax advice, legal advice, or other professional advice by a licensed professional. Client understands Company is not a licensed financial expert, accountant, advisor, or CPA. Company is not attempting nor suggesting Client enroll in Service in place of a personalized consultation with a trained financial expert in Client’s geographical area.

 

2. Voluntary Participation

 

  1. Client understands and agrees that he/she is voluntarily choosing to enroll in Service and is solely responsible for any outcomes or results. While Company believes in her services and that Service is able to help many people, Client acknowledges and agrees that Company is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees he/she/they are fully responsible for the financial well-being of their company, and is electing to purchase Services through Company based upon independent research and conclusion that Company offers services that are right for Client.

 

3. Disclaimer / No Guarantees

 

  1. While many of Company’s past and current clients have experienced wonderful benefits from the Service, Company cannot guarantee results of the Service, and cannot make any representations or guarantees regarding individual results. Client will hold Company and Service harmless if he or she does not experience the desired results.
  2. Earnings Disclaimer: Company also does not make any guarantees or assurances regarding a particular financial outcome based on use of Service, nor is Company responsible for Client earnings, or any increase or decrease in finances based upon information within Service. Any information or testimonials regarding past or current clients’ participation in Services, or working with Company contained on Website or in sales material that contain financial information are individual, and results may vary.
  3. Client understands that all services provided by Company in connection with the Service being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Service and work with Company on a purely voluntary basis and does not hold Company or Service responsible should Client become dissatisfied with any portion of the Service.
  4. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the Service, as long as Company delivers the Service as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Company and Client.
  5. Client agrees to hold Company harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Service. The content provided by Company on his/her website and within the Service is comprised of information that has worked for Company and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Company cannot guarantee results from this Service, and has no expectation of a specific result that he or she holds Company responsible for.

 

4. Dispute Resolution

 

  1. Should a dispute arise between Company and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Company responsible for any specific results, or those results which have been achieved by other clients of Company.) If unable to reach a resolution informally, Client and Company agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Los Angeles, California within a reasonable amount of time. Client and Company agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

 

5. Applicable Law

 

  1. This Agreement shall be governed by and under control of the laws of Delaware regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Delaware are to be applicable here.

 

6. Amendments

 

  1. This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum agreed upon by both Client and Company, or a party authorized to Agreement by clicking “submit” or “agree” on behalf of either party.

 

7. Entire Agreement

 

  1. Client and Company agree this Agreement constitutes the entire agreement between Company and Client, taking place of and superseding any and all prior agreements, discussions, correspondence, or proposals between parties. Client understands that if a portion of the Service or an expectation is not included in this Agreement, it does not apply and is not included within the Service. Client has taken any necessary measures to discuss further and have any questions answered by Company or Company’s team and is in full agreement with the terms outlined herein. By checking the box at checkout and completing purchase, Client is confirming he/she voluntarily gives his/her informed consent to receive services from Company and agree to abide by the terms and conditions outlined herein in this Agreement.

 

Service Outline Addendum

Community Forum Access: Client may also be granted access to a private group on social media organized by Company as part of the package. If granted access, Client agrees to use common sense when posting or responding to others’ in the group, and agrees to refrain from posting any negative or unnecessary comments.

 

Should Client choose to post anything in this group, Client is agreeing and acknowledging he or she will not post anything that could harm Company or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. Client understands that if he/she makes the decision to post content that constitutes cyber bulling, Client’s comments will be removed immediately, and Company reserves its right to take action against Client to the full extent of applicable laws.