Terms of Service
Effective Date: 6/5/2025
These Terms of Service (“Agreement”) govern the provision of bookkeeping and related services (“Services”) by the service provider to the client. By engaging the provider for bookkeeping services, the client agrees to the following terms:
1. Scope of Services
The provider offers comprehensive bookkeeping services, including but not limited to:
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- Transaction classification
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- Account reconciliation
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- Historical financial cleanup
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- Profit margin reporting
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- Communication with the client’s CPA
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- Optional services such as bill pay and invoice management
Services will be performed using industry-standard practices and tools, primarily QuickBooks, unless otherwise agreed upon.
2. Client Responsibilities
The client agrees to:
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- Provide accurate and complete financial information and documentation necessary for the provider to perform the services.
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- Grant timely access to relevant financial systems and records.
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- Respond promptly to inquiries and requests for information.
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- Review and approve deliverables in a timely manner.
The client acknowledges that the accuracy of financial records is their responsibility, and the provider is not liable for errors resulting from inaccurate or incomplete information supplied by the client.
3. Confidentiality and Data Security
The provider agrees to maintain the confidentiality of all client information and to use such information solely for the purpose of providing the services. Reasonable security measures will be implemented to protect client data from unauthorized access, disclosure, or loss.
Confidential information does not include information that:
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- Becomes publicly available through no fault of the provider
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- Is received from a third party without restriction
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- Is independently developed without use of the client’s confidential information
These confidentiality obligations will survive the termination of this agreement.
4. Term and Termination
Term
This agreement will commence on the effective date and will continue until terminated by either party.
Termination by Either Party
Either party may terminate this agreement with 30 days’ written notice.
Termination for Cause
Either party may terminate this agreement immediately if the other party breaches any material term of this agreement and fails to cure such breach within 10 days of notice.
Upon termination, the provider will deliver all completed work to the client and return any client-provided materials.
5. Limitation of Liability
The provider’s liability for any claim arising under this agreement is limited to the total fees paid by the client to the provider in the 12 months preceding the claim. The provider is not liable for any indirect, incidental, or consequential damages.
6. Dispute Resolution
Any disputes arising under this agreement will first be addressed through good-faith negotiations. If unresolved, disputes will be submitted to mediation in Erie County, New York. If mediation fails, disputes will be resolved through binding arbitration in Erie County, New York, under the rules of the American Arbitration Association.
7. Governing Law
This agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
8. Independent Contractor
The provider is an independent contractor and not an employee, partner, or agent of the client. Nothing in this agreement will be construed to create a partnership, joint venture, or employer-employee relationship.
9. Force Majeure
Neither party will be liable for any failure or delay in performance due to causes beyond their reasonable control, including but not limited to: acts of God, war, terrorism, labor disputes, or governmental actions.
10. Entire Agreement
This agreement constitutes the entire understanding between the parties and supersedes all prior agreements or understandings, whether written or oral. Any amendments must be in writing and signed by both parties.
Acknowledgment
By engaging the provider for bookkeeping services, the client acknowledges that they have read, understood, and agree to be bound by these Terms of Service.