Protecting your private information is our priority.
In providing the Services, Better Accounting (and its consultants) will be acting as an independent contractor and not as an agent, partner, employee or representative of Client. Nothing in the Services Agreement or these Terms of Service shall be construed to create a partnership, joint venture, employment relationship, or fiduciary relationship between the parties.
Collection of Your Personal Information.
In connection with the provision of the Services, Better Accounting will require access to Client’s books, records, and other information regarding Client, which shall be provided by Client or Client’s designated third-party representatives (“Client Information”). Except as consented to in writing by Client or as required by applicable law or court order, Better Accounting will maintain the confidentiality of all Client Information, and will use the Client Information for the sole purpose of providing the Services; provided, however, that no confidentiality obligations will apply to Client information that is publicly available or was rightfully obtained from a third party. Any work product created by Better Accounting in the course of providing the Services and paid for by Client will be the property of Client. In the event Better Accounting is deemed to have any right, title or interest to any work product created for and paid by Client, Better Accounting shall waive such right in favor of Client, and shall take all reasonable action as requested by client to secure Client’s ownership rights. Better Accounting agrees to control the use and disclosure of Client Information with diligence and care, and to treat the Confidential Information with the same level of protection as it affords its own confidential information of a similar nature. Better Accounting may share Client Information with its agents and representatives who reasonably need to know such information for purposes of performing Better Accounting’s obligations under the Services Agreement.
Use of Your Personal Information
Better Accounting will rely on the Client Information provided by Client in performing the Services and will not independently verify or audit Client Information. Accordingly, it is Client’s sole responsibility to ensure that Client Information is accurate and complete, and to inform Better Accounting promptly of any suspected error. Services provided by Better Accounting are not intended to uncover inherent errors in Client Information; however, Better Accounting may notify Client if any such errors are discovered. Better Accounting shall not be liable, in any manner, to any third party or any governmental authority, and Client shall defend, indemnify and hold Better Accounting harmless from and against, any claims, damages, causes of action, or criminal fines or penalties relating to, arising out of, or concerning any errors or mistakes in any work product, or any other failure in the performance of the Services that relates to, arises out of, or is caused by Client’s failure to deliver accurate, complete, and timely Client Information to Better Accounting. Client agrees to deliver all relevant Client Information to Better Accounting on a timely basis as requested by Better Accounting. To the extent Better Accounting does not receive necessary Client Information within the timeframes requested, which delays Better Accounting’s delivery or completion of the Services, Client will nonetheless remain responsible for the payment of all fees and expenses required under the Services Agreement arising out of the Services.
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Either party may terminate the Services Agreement (a) for any reason or no reason upon at least thirty (30) days prior written notice to the other party; (b) with cause following five (5) days prior written notice to the other party regarding the other party’s uncured material breach of any covenant, obligation, representation or warranty of the Services Agreement or these Terms of Service; or (c) with cause immediately in the event of any act of fraud, gross negligence, reckless or willful misconduct, felonious conduct, or in the event the other party is insolvent or files for bankruptcy. Better Accounting also reserves the right to terminate the Services Agreement immediately in the event Better Accounting discovers information regarding Client or its agents or representatives that is counter to Better Accounting’s business or financial interests, reputation or goodwill, in Better Accounting’s sole and absolute discretion. In the event of any termination, Client shall be responsible for all fees and costs incurred for Better Accounting’s performance of the Services up to the date of termination. The confidentiality obligations of Better Accounting set forth in Section 2 of these Terms of Service shall survive for a period of three (3) years after the termination of the Services Agreement or completion of the Services.
Security of Your Personal Information
Except to the extent caused by the gross negligence, fraud or willful misconduct of Better Accounting, Client agrees to indemnify, defend and hold Better Accounting harmless from and against all claims, damages, causes of action, fines and penalties (collectively, “Claims”) from any third-party or governmental entity relating to, concerning or arising out of: (i) the Services; (ii) third-party reliance upon Better Accounting’s work product, including but not limited to banks, leasing companies, financing companies or taxing authorities; (iii) late or missed public entity filings or deadlines caused by past-due invoices, insufficient retainer balances or any other cause of Better Accounting work stoppage permitted in the Services Agreement, these Terms of Service, or applicable law; or (iv) any infringement of any intellectual property or trade secrets by reason of Client Information or work product based upon such Client Information. Client agrees to assume full financial responsibility for the payment of any loss, liability or expense (including but not limited to reasonable attorneys’ fees) incurred by Better Accounting in connection with any such Claim and the defense or settlement of any such Claim. This Section shall survive termination of the Services Agreement. Better Accounting may direct the defense and settlement of any such Claim with counsel of Better Accounting’s choosing, and Client will provide Better Accounting with reasonable assistance, as requested. Better Accounting shall not be liable for any settlement of an action effected without its written consent, which consent shall not be unreasonably withheld.
Children Under Thirteen
Subject to Section 12 below, Better Accounting agrees to indemnify, defend and hold Client harmless from and against all Claims from any third party or governmental entity relating to, concerning or arising out of (i) physical injury to or destruction of Client’s property during the performance of the Services by Better Accounting; (ii) gross negligence in Better Accounting’s work product; or (iii) any infringement of any intellectual property or trade secrets by Better Accounting during the course of performing the Services. Subject to Section 12 below, Better Accounting agrees to assume full financial responsibility for the payment of any loss, liability or expense (including but not limited to reasonable attorneys’ fees) incurred by Client in connection with any such Claim and the defense or settlement of any such Claim. This Section shall survive termination of the Services Agreement. Client may direct the defense and settlement of any such Claim with counsel of Client’s choosing, and Better Accounting will provide Client with reasonable assistance, as requested. Client shall not be liable for any settlement of an action effected without its written consent, which consent shall not be unreasonably withheld.
Changes to this Statement
To the extent that Client requests that Better Accounting provides any out-of-town work while providing the Services, then, in additional to reimbursing Better Accounting all other relevant costs and expenses incurred in performing the Services, including costs of travel and lodging, Client shall pay to Better Accounting a per diem of $50 per Better Accounting consultant per day for meals. Moreover, to the extent that Client requests that Better Accounting provide its consultants for such number of hours in a given day or week that will trigger over-time or double-time pay under applicable municipal, state or federal law, Better Accounting shall pass on to Client, and Client hereby agrees to reimburse Better Accounting for, all increased labor costs and expenses, including over-time and double-time pay.
Better Accounting represents and warrants that it will perform the Services in a diligent, professional and competent manner in accordance with industry standards, utilizing personnel with a level of skill commensurate with the Services to be performed. BETTER ACCOUNTING MAKES NO OTHER REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES, AND HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF ACCURACY, QUALITY, FREEDOM FROM ERROR, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BETTER ACCOUNTING, ITS AGENTS, OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE LIMITED WARRANTY PROVIDED HEREIN. Better Accounting may, in the course of providing the Services, provide advice or opinions regarding the outcome of certain matters or predictions of future outcomes or performance. Although Better Accounting will make reasonable efforts to ensure the accuracy of such advice or opinions, future outcomes or performance are naturally uncertain and therefore cannot be guaranteed.
Take Control Of Your Company’s Finances
At Better Accounting, we know you can’t plan where your business is going unless you know where
it’s been. Our consultants will take care of every aspect of your finances, past, present and future.
With our financial expertise and your business smarts, we will achieve financial visibility in no time.