In this Subscription Agreement the following terms are defined as follows.
“Cloud Based” is the practice of using a network of remote servers hosted on the Internet to store, manage, and process data, rather than a local server or a personal computer.
“Data” means all data, information and materials provided by you to BOOKKEEPER360 for use in connection with our Services, including, without limitation, data input, data files, and any other content provided by you.
“Fees” are fees paid for Services provided hereunder set forth in the Fee Schedule on our Platform;
“License” refers to your worldwide license to use our Platform and access our Services to store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute any of your Data entered into or produced through the use of our Services.
“Platform” refers to the specific BOOKKEEPER360 digital Cloud Based platform (which includes our website, http://www.bookkeper360.com, its sub-domains and associated web-based and mobile applications), that is hosted by BOOKKEEPER360 or its service provider and made available to you.
“Services” are our Cloud Based bookkeeping, payroll and merchant products, support and services through our Platform.
“User Documentation” means the user guides, online help, release notes, training materials and other documentation provided or made available by BOOKKEEPER360 to you regarding the use or operation of BOOKKEEPER360 Services.
“USER” means any individual who is authorized to use the Services from the MEMBER and is supplied a user identification and password, including employees, accountants, auditors and any other authorized MEMBER representatives.
2. Delivery of Services and License
Upon the Effective Date, our Services become available to you and you receive a License to use our Platform. Our Services are set forth in the Schedule of products and services offered by BOOKKEEPER360 on our Platform.
3. BOOKKEEPER360 Support
4. Member Terms & Conditions
You agree to the Member Terms & Conditions provided on our Platform which sets forth the terms & conditions of your membership and License and is made a part of this Subscription Agreement.
6. Minimum Computer Hardware/Software Requirements
Our Platform is Cloud Based and will perform on most current personal computer, tablet and mobile devices. The minimum connectivity and system requirements shall be provided to you upon request.
7. Data and Documentation
8. Warranties and Limitation of Liability
BOOKKEEPER360 represents and warrants that we will provide the Services in a professional manner consistent with general industry standards and that the Services will perform substantially in accordance with User Documentation provided to you. For any breach of a warranty, your exclusive remedy shall be as provided in this Subscription Agreement.
BOOKKEEPER360 WARRANTS THAT THE SERVICES WILL PERFORM IN ALL MATERIAL RESPECTS IN ACCORDANCE WITH THE USER DOCUMENTATION PROVIDED BY BOOKKEEPER360. BOOKKEEPER360 DOES NOT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT WE WILL CORRECT ALL SERVICE ERRORS. CUSTOMER ACKNOWLEDGES THAT BOOKKEEPER360 DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. THIS SECTION SETS FORTH THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY BOOKKEEPER360 (EXPRESS OR IMPLIED) WITH RESPECT TO THIS SUBSCRIPTION AGREEMENT. NEITHER BOOKKEEPER360 NOR ANY OF ITS LICENSORS OR OTHER SUPPLIERS WARRANT OR GUARANTEE THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, NOR SHALL BOOKKEEPER360 OR ANY OF ITS SERVICE PROVIDERS BE LIABLE FOR UNAUTHORIZED ALTERATION, THEFT OR DESTRUCTION OF MEMBER’S OR ANY USER’S DATA, DATA FILES OR PROGRAMS.
BOOKKEEPER360 (NOR ANY LICENSOR OR OTHER SUPPLIER OF BOOKKEEPER360) SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, PROFITS, DATA OR USE OF ANY SERVICE, INCURRED BY YOU, AS A MEMBER, OR ANY THIRD PARTY IN CONNECTION WITH THIS SUBSCRIPTION AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM (INCLUDING NEGLIGENCE), EVEN IF FORESEEABLE OR THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR AGGREGATE LIABILITY FOR DAMAGES UNDER THIS SUBSCRIPTION AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM (INCLUDING NEGLIGENCE), SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY THE MEMBER UNDER THIS SUBSCRIPTION AGREEMENT DURING THE 12 MONTHS PRECEDING THE DATE THAT THE CLAIM AROSE.
10. Discontinuation of Services
Our Services do not include business management. BOOKKEEPER360 will not review the payment of any of your invoices or bills. If information provided to us in connection with our Services appear unusual or out of the ordinary; BOOKKEEPER360 will call it to your attention, but we do not take any responsibility in the discovery of any errors, irregularities, or fraud committed by you. While BOOKKEEPER360 will exercise reasonable care in the preparation of all materials, the information and Data we compile is based on the Data and information submitted by you and we do not guarantee the accuracy of such information. BOOKKEEPER360 shall not be responsible for any errors or oversights in your reporting through our Services. Reports and information compiled are prepared exclusively for your use and not for the use of any third party.
BOOKKEEPER360 does not assume any responsibility for actions of you or USERS and you do not assume any responsibility for actions of BOOKKEEPER360.
You are responsible for ensuring that any of your USERs using the Services has the requisite training from BOOKKEEPER360 to properly use the Services.
12. Fees and Payment
You agree to timely pay all Fees due hereunder pursuant to the Fee Schedule provided on our Platform. All payment of Fees is due and payable upon receipt of an invoice by you.
A minimum deposit of the first month’s Fees shall be paid to BOOKKEEPER360 upon Effective Date to commence Services on your behalf. Thereafter, Services will be billed on a monthly basis to your credit card, debit card, wire instructions or electronic check profile provided to us by you. If you need to edit or modify your payment method please contact firstname.lastname@example.org or call 800-478-5082.
All rendered Services received by you are considered completed and delivered after 45 days of payment from you and may not be disputed, unless we receive written notice from you disputing delivery of our Services within 45 days after such payment.
13. Dispute Resolution
You acknowledge that you have read this Subscription Agreement, understand it and agree to be bound by its terms and conditions upon your acceptance of the Services.
Subscription Agreement was last modified on July 14th, 2016
Click here for our Member Terms & Conditions
Last Updated: November 24, 2015
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