Terms and Conditions

User Terms and Condition

Last Updated on June 20, 2024

Your Stuff & Your Permissions

When you use our Services, you provide us with things like your files, content, messages, contacts, and so on (“Your Stuff”). Your Stuff is yours. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.

We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. Our Services also provide you with features like eSign, file sharing, email newsletters, appointment setting and more. These and other features may require our systems to access, store, and scan Your Stuff. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Things You Should Know

What’s in the Basic Bookkeeping package? Every month we will categorize all business-related income and expense transactions and issue you monthly financial statements consisting of a Balance Sheet and a Profit and Loss Statement. These reports will help you understand your business past to make decisions on your business future. They are required in order to do any tax planning or to fund your business with mid-year loans. Email support is also included.

What’s not included in the Basic Bookkeeping package? Anything above and beyond basic tracking of income and expense items for the month is not included in the monthly price above. However, additional services are available as an add-on to your basic bookkeeping package. These add-on's include AP/AR - invoicing, bill payment, payroll processing and Clean Up/Catch Up work.

How do I request additional services? You will have an opportunity to review additional services in more detail and select those that suit your business best. You may also request services via email at any time! We are here to help!

What qualifications does your team have? Our team are Certified QuickBooks Pro Advisors. Certified Professional Bookkeepers. You can rest assured that you are working with highly qualified professionals.

What information do I need to share? Our bookkeeping team will need access to your business bank and credit card accounts in order to efficiently complete your monthly financials. Many banks allow for accountant (read-only) access to bank accounts. Once we have access we will start to categorize.

If I have a question, how long does it take to get an email response? We pride ourselves in being very responsive to our clients important inquiries. We strive to respond within 24 hours AT MOST (except over weekends and holidays). If we are very busy, we will respond to let you know we've received your email and will address it shortly.

What hours do the bookkeepers work? Due to the flexible nature of virtual bookkeeping work, many team members work various hours of the day and night. However, we use standard M-F 8-5 work hours to address emails.

Is QuickBooks Online required for the Basic Bookkeeping package? Yes. Our team must use QuickBooks Online in order to handle the bookkeeping. Versions - Essentials, Plus, or Advanced are all acceptable. Simple Start or QuickBooks Self Employed are not. If you have a current subscription, you are ahead of the game. No need to get another subscription. If you do not currently have a subscription, the on-boarding videos will walk you through how to get.

Do you require a contract? Yes, a contract is required.

Is an engagement letter required?

Yes, an engagement letter is required. You will be asked to sign a engagement letters via electronic signature for any additional services as well.

What is required of me?

An invoice will be sent, upon payment work will begin on the months Bookkeeping tasks. We do not offer refunds. We do want to provide great service to you, but we cannot do that without the proper documents and items requested during onboarding and in the future. We also cannot read minds so there will be various questions asked throughout the month to make sure we are categorizing things appropriately. Timely responses are appreciated.

Important things to note for various add-on services:

Basic Bookkeeping does require the use of your own QBO subscription. You own the license to that and will retain access to the program upon termination of our working relationship, if that ever happens.

Monthly or One-time Strategy Sessions will be helpful for you if you are needing to brainstorm issues about your business or want to go over the financials in detail. Unlimited email support is included in the basic bookkeeping package. We highly suggest that our clients schedule strategy sessions monthly (or at least quarterly) to chat about the financials and discuss future plans with your business. It’s always nice to have a fresh perspective on things. One-time Strategy Sessions are currently $197 or you can sign up for recurring monthly sessions for $147/month.

Payroll Processing We can simplify the payroll process for you.

Class Tracking is available if you are looking into more detailed financial statements. This can be helpful if you are wanting to track profitability of certain jobs, customers or large product lines. In order for class tracking reports to be helpful to you, we will need to work out a process to communicate details on each transaction so that we know how to track the various classes, properties or departments. We have several different methods to choose from and we can make a plan of action based on what works best for you.

AR and AP management are tasks that can be very time consuming and we would love to streamline those processes for you. Keeping track of customer and vendor balances, sending out invoices, processing customer and vendor payments and updating customer and vendor records are some of the items we can do for you. This requires more communication throughout the month and may require additional software subscription costs as well.

Clean-up/Catch-up Work is something that most of our new clients will need to add on. You will be required to add this service on for any months that a tax return has not been completed. For example, if you have filed your 2023 tax return already, then we need to complete and/or review your books starting with January 2024 in order to prepare accurate financials for your upcoming tax return. We give a one-time discounts to our new customers for this back work. We are also happy to provide this discount on past years where you think the tax return and/or financials were inaccurate.

Your Stuff and Permissions Terms Continued

Sharing Your Stuff

Our Services let you share Your Stuff with others, so please think carefully about what you share.

Your Responsibilities

You’re responsible for your conduct. Your Stuff and you must comply with applicable laws. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so. We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services.

Help us keep you informed, and Your Stuff protected. Safeguard your password to the Services and keep your account information current. Don’t share your account credentials or give others access to your account.

You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13, or in some cases, even older. If you live in France, Germany, or the Netherlands, you must be at least 16. Please check your local law for the age of digital consent. If you don’t meet these age requirements, you may not use the Services.

Software

Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Beta Services

We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as other non-beta services, so please keep that in mind.

Our Stuff

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, CountingWorks and our trademarks, logos and other brand features. We welcome feedback but note that we may use comments or suggestions without any obligation to you.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to legal@CountingWorks.com. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

(a) you’re in breach of these Terms,
(b) you’re using the Services in a manner that would cause a real risk of harm or loss to us or other users, or
We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Stuff from our Services. If after such notice you fail to take the steps, we ask of you, we’ll terminate or suspend your access to the Services.

We won’t provide notice before termination where:

(a) you’re in material breach of these Terms,
(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
(c) we're prohibited from doing so by law.

Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond CountingWorks control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Stuff from our systems.

Services “AS IS”

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, CountingWorks AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR CountingWorks OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, CountingWorks, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:

i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT CountingWorks OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, CountingWorks, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. CountingWorks AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

Resolving Disputes

Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against CountingWorks or our affiliates, you agree to try to resolve the dispute informally by contacting legal@countingworks.com. We’ll try to resolve the dispute informally by contacting you via email.

Judicial forum for disputes. You and CountingWorks agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Orange County, California, subject to the mandatory arbitration provisions below. Both you and CountingWorks consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.

IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

We Both Agree To Arbitrate. You and CountingWorks agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Orange County (CA), or any other location we agree to.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis,and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.
Controlling Law
These Terms will be governed by California law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.

Entire Agreement

These Terms constitute the entire agreement between you and CountingWorks with respect to the subject matter of these Terms,and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

CountingWorks failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. CountingWorks may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We reserve the right to revise these Terms from time to time to better reflect:
(a) changes to the law,
(b) new regulatory requirements, or
(c) improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you don’t agree to the updates we make, please cancel your account before they become effective. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

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