PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE.

WELCOME TO Cloud-BOOKKEEPER

This Master agreement is between Cloud-Bookkeeper, Inc., (“Cloud-Bookkeeper”, “we”, “our”) and each Business Customer that subscribes to the Service (“you”, “your”, “Customer”). This Master Subscription Agreement is referred to herein as the “Agreement”.

BY USING THE SERVICE OR CLICKING “AGREE”, CUSTOMER IS AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF YOUR EMPLOYER, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON YOUR EMPLOYER’S BEHALF.

BY USING THE SERVICE, YOU’RE AGREEING TO BE BOUND BY THIS AGREEMENT. THE INDIVIDUAL ACCEPTING THIS AGREEMENT OR INITIATING USE OF THE SERVICE ON YOUR BEHALF HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE HAS ALL AUTHORITY NECESSARY TO BIND YOU TO THIS AGREEMENT.

USERS AND CUSTOMERS OF CLOUD-BOOKKEEPER.COM ARE BOUND, AS A CONDITION OF CONTINUOUS USE OF THE WEBSITE, APPLICATION, SERVICES AND TOOLS TO COMPLY WITH THE RULES SET OUT BELOW.

CLOUD-BOOKKEEPER, INC., RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DENY FURTHER OR CONTINUING ACCESS TO OUR SITE TO ANY VISITOR, INCLUDING, WITHOUT LIMITATION, ANY USER THAT HAS VIOLATED ANY ASPECT OF THE TERMS OF SERVICES. THIS WEBSITE IS OWNED AND MANAGED BY CLOUD-BOOKKEEPER, INC.

01

Introduction

Cloud-Bookkeeper Inc., is a solution for bookkeeping and financial organization, using our third party Service Provider. By agreeing to use this service or any part thereof, you expressly that we may create accounts with Intuit Inc.’s Quickbooks, Xero or Zoho Corporation(Zoho Books)(Our Service Providers) on your behalf if you do not have an existing
account with any of these Service Providers. You expressly agree that you will be required to agree to

If you do not agree to any provision of the Terms or Privacy Statement mentioned in Section 1(i)(ii)(iii), then you may not proceed to use our website or any part thereof.

02

Service Disclaimer

We provide bookkeeping services only, and your engagement with us or any of our personnel shall not be deemed as a substitute for and does not include legal, tax, financial, real estate, healthcare or accounting advice, and Cloud-Bookkeeper is not a public accounting firm. Without limiting the generality of the foregoing, you acknowledge that our services do not include any of the following (i) verification, investigation, audit, examination, presentation, or review, of financial transactions or accounting records; (ii) advice relating to accounting procedure and to the recording, presentation, or certification of financial information or data; (iii) preparation or certification of reports on audits or examinations of books or records of account, balance sheets, and other financial, accounting and related schedules, exhibits, statements, or
reports that are to be used for publication, for the purpose of obtaining credit, for filing with a court of law or with any governmental agency, or for any other purpose; (iv) legal advice regarding any of your business practices, including with respect to their appropriateness or legality. We encourage you to seek the services of a duly licensed professional in connection with any of the foregoing. In addition, only a certified public accountant can attest (e.g. as part of an audit) as to whether the results of the Service are compliant with applicable laws and accounting standards or rules, and Cloud-Bookkeeper makes no representation or warranty with respect thereto.

03

Permitted Use

You may not use any part of this service in connection with fraudulent activities, or activities that may cause this platform to malfunction or be available for use.

You may not use any part of this service to carry out activities that we do not provide as described above in this Terms of Services.

You may not use any part of this service to carry out activities that violate any law, statute, ordinance or regulation.

You may not do or induce any third party to carry out any of the following:

  • remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
  • circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation,any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;
  • use an automatic device (such as a robot or spider) or manual process to copy or «scrape» the Website or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
  • We reserve the right to revoke this permission (generally or specifically) at any time;
  • transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
  • forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
  • collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
  • solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
  • attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
  • decompile, reverse engineer, or disassemble any portion of any the Website;
  • use network-monitoring software to determine the architecture of or extract usage data from the Website;
  • affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;
  • engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.

Furthermore, you agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Services.

We reserve the rights in our sole discretion to suspend or terminate your use of our service or any part thereof, if we believe or are able to establish that your use of our services will bring a significant risk to our platform or in the event of any breach or threatened breach of any part of this Agreement.

04

Permissions

You retain all ownership rights to information or data you provide to us or process through our website. When you use our service, we will need your permission to fulfill certain obligations including without limitation hosting Your Data, backing it up, analyzing it to perform bookkeeping, communicating the results to You. You understand that all Data and any information provided to us will be hosted and backed up with our Third party service providers as described in Section 1 above. You expressly grant us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

05

User Registration

In order to access or use some features of the Website and Service, you must become a registered user. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (an «Account»), which may permit you access to certain areas of the Website not available to non-registered users. We also request that you provide us with your Employer Identification Number (EIN), name and address, Please check our Privacy Policy to know the information we collect from you. You are responsible for safeguarding and maintaining the confidentiality of your Account and safeguarding your login credentials at all times. We will not be liable to you for any loss to your login credentials. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to notify us immediately about any breach of security or unauthorized use of your Account.

06

Term, Termination, and Support Satisfaction Guarantee

This Agreement is effective as of the Effective Date and shall continue in full force and effect until terminated as set forth herein.

You may cancel you’re your Membership subscription to the Service at any time, for any or no reason. To cancel your account, please contact Cloud-Bookkeeper customer service at Support@cloud-bookkeeper.com. For refunds, please check our refund policy at [REFUND WEBSITE]

We may terminate this Agreement or use of the Service at any time, for any or no reason, by providing notice of termination to you in any reasonable manner. If we terminate your use of the Service after you were a paying subscriber, we will, if and to the extent possible and on request made by you transfer to you the “master administrator” status for any of Xero, Freshbooks or Intuit Quickbooks Online account that was maintained for you by Cloud-Bookkeeper, so that you can elect to maintain that subscription with our third party service providers such as Intuit, Xero or Freshbooks.

07

Payment

You agree to pay Cloud-Bookkeeper fees for the Service as set forth on the pricing section made available on the website. Cloud-Bookkeeper collects payment for the Service automatically via the payment information you provide us. By providing us with payment information, you warrant that you are the owner of the payment information or have the authority and legally allowed to use the payment information. You hereby authorize Cloud-Bookkeeper.com, Inc. (“Cloud-Bookkeeper”) or its payment processor to initiate entries to you through the payment information provided by you. This payment authorization will remain in effect until you notify Cloud-Bookkeeper in writing to cancel it in such time as to afford Cloud-Bookkeeper and your financial institution reasonable opportunity to act on it. Cloud-Bookkeeper may immediately suspend the provision of the Service if your account is past due. Except to the extent expressly set forth herein, all payments are non-refundable and non-creditable.

08

Intellectual Property Rights

The trademarks and trade dress of Cloud-Bookkeeper are proprietary to Cloud-Bookkeeper and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Cloud-Bookkeeper. You have the right to view, electronically copy, and print in hard copy portions of the Website for the sole purpose of making class reservations, purchases, or other personal use.

09

Warranty Disclaimers

To the fullest extent permitted by law, cloud-bookkeeper, its affiliates and suppliers make no Warranties, either express or implied, about the service. The service is provided “as is.” no warranty is made that the service or results of use of the service will meet your needs or expectations, that the service will be timely, secure, uninterrupted or error-free or that the results that may be obtained from the service will be accurate or reliable. We also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement. If the exclusions for implied warranties do not apply to you under applicable law, any implied warranties are limited to 60 days from the date of purchase or delivery of the service, whichever is sooner.

Cloud-bookkeeper, its affiliates, and suppliers disclaim any representations or warranties that your use of the service will satisfy or ensure compliance with any legal obligations or laws or Regulations.

10

Limitation of Liability

To the maximum extent permitted by applicable law, the entire liability of cloud-bookkeeper, its Affiliates and its and their suppliers, licensors and service providers for all claims relating to the service and this agreement shall be limited to the amount you paid for the service during the twelve (12) months prior to such claim or one hundred us dollars, whichever is greater. Subject to Applicable law, cloud-bookkeeper, its affiliates and its and their suppliers, licensors and service providers are not liable for any of the following: (a) indirect, special, incidental, punitive or Consequential damages; (b) damages relating to loss of use, data, business, revenues, or profits. The above limitations apply even if cloud-bookkeeper and its affiliates and its and their suppliers, Licensors and service providers have been advised of the possibility of such damages. This agreement sets forth the entire liability of cloud-bookkeeper, its affiliates and your exclusive remedy with Respect to the service and its use.

11

Indemnification

You shall defend, indemnify, and hold harmless Cloud-Bookkeeper, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from and against all damages, losses, liabilities, claims, demands, actions, suits, judgments, settlements, costs and expenses, including all attorneys’ fees, that arise from or relate to: (i) your use of and our provision of the Service (except to the extent arising directly from our willful misconduct or gross negligence), (ii) your violation of these Terms of Use, (iii) any content, information or materials provided by you or any or your end users, (iv) disputes or issues your end users may have with respect to you or any of your products or services or content, (v) disputes or issues your end users may have with respect to any End User Data (including, without limitation, with respect to the timeliness, accuracy or completeness thereof), or (vi) infringement by you, or any third party using your account or identity in the services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

12

General Legal Terms

  1. This Agreement and all claims relating to the relationship between the parties are governed by the laws of the state of New York in the United States. You agree that any legal action arising out of or relating to this Agreement or the Service shall be filed only in the state or federal courts located in the state New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action
  2. If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
  3. You may not assign this Agreement, in whole or in part. Cloud-Bookkeeper may freely assign this Agreement, in whole or in part.
  4. This Agreement constitutes the entire agreement between you and Cloud-Bookkeeper with respect to its subject matter and supersedes any and all prior agreements, discussions, negotiations, and offers.

Contact Us

Should you have any question, concern or inquiries regarding your use of this Service, please contact us at Support@cloud-bookkeeper.com