This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site www.Myfirmaccounting.com, as owned by Cloudit Automation & Accounting Services LLP and operated by Cloudit Automation & Accounting Services LLCincorporated and located in New York, United Statesand hereinafter referred to as ‘service provider’. By using Myfirmaccounting.com you agree to be bound by the terms and conditions of this Agreement and Myfirmaccounting.com’s Privacy and Security Policy, as they may be amended from time to time in the future (see “Modifications” below).
- Accepting the Terms
By using the information, tools, software, features, functionality,back-office servicesand including content updates and new releases located on Myfirmaccounting.com (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Myfirmaccounting.com website) or you are a “Member” (which means that you have registered with Myfirmaccounting.com) or your client portal access you have granted access permission to your staff or clients on Myfirmaccounting.com. The term “you” or “User” refers to a Visitor or a Member or your Client portal users. The term “we” refers to service provider. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Cloudit Automation & Accounting Services LLC. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
- Privacy and your Personal Information
For information about Myfirmaccounting data protection practices, please read Myfirmaccounting.com Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how Service provider treats your personal information when you access Myfirmaccounting.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
- Description of the Service
The Service is an accounting transaction management service that allows Members to consolidate and track their financial information on Myfirmaccounting.com. The system works by prompting an Accountant or Client to select a Financial Institution and enter in their online log in information. The Service then connects to a Third Party Solution that scrapes the Financial Institutions web site and extracts the data using the provided online bank/credit card access. The extracted data is then presented on the Service provider web site. The Service is provided to the client by Service provider without charge (it is free) and is meant as an aid to assist you in organizing and managing your finances. It is not intended to provide legal, tax or financial advice. Service provider charges a fee to the accountant that created your user name and login information.
- Account Information from Third Party Sites
With the Service, Members may direct Service provider to retrieve their own information maintained online by third-party financial institutions with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Service provider makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Service provider is not responsible for the products and services offered by or on third-party sites. Service provider cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Service provider cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Service, in the manner prescribed in the associated instructions.
- Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any other contact information you provide form your “Registration Information.” By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update, communicate or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. If you become aware of any unauthorized use of your Registration Information, you agree to notify service provider immediately at the email address – firstname.lastname@example.org.
- Your Use of the Service
Your right to access and use Myfirmaccounting.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use Myfirmaccounting.com for lawful purposes. Accurate records enable service provider to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. Your access and use of Myfirmaccounting.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of service provider database or other actions that service provider, in its sole discretion, may elect to take. From time to time, service provider may include new and/or updated pre-release features and trial use (“Sneak Preview” features) in the Service for your use and which permit you to provide feedback. You understand and agree that your use of Sneak Preview features is voluntary and Service provider is not obligated to provide you with any Sneak Preview features. Furthermore, if you decide to use the Sneak Preview features you agree to abide by any rules or restrictions Service provider may place on them. You understand that once you use the Sneak Preview features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Sneak Preview feature back to the earlier version. The Sneak Preview features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Sneak Preview features is at your sole risk. You agree that Service provider may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Service provider a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Service provider in any way. Service provider will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
- Use With Your Mobile Device
Use of these Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. MYFIRMACCOUNTING MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
- Online and Mobile Alerts
Service provider may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your service provider account, such as a change in your Registration Information. Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Service provider may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service. Electronic alerts will be sent to the email address you have provided as your primary email address for Myfirmaccounting.com. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your passcode. However, alerts may include your service provider Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
- Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, documents, QuickBooks backup or other accounting files, other log-in information, materials and other content to service provider through the Service, you are licensing that content to service provider solely for the purpose of providing the Service. Service provider may use and store the content, but only to provide the Service to you. By submitting this content to service provider, you represent that you are entitled to submit it to service providerfor use for this purpose, without any obligation by service providerto pay any fees or other limitations. By using the Service, you expressly authorize service providerto access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts/ Add Clients” feature of the Service, you will be directly connected to the website for the third party you have identified. Service provider will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit service provider to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant service provider a limited power of attorney, and appoint service provider as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN MYFIRMACCOUNTING IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, SERVICE PROVIDER IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
- Terms & Mode of payment
Fixed Subscription billing invoice will be sent to you by the Service provider on or before the 1stday of each calendar month in advance. Variable Itemized billing for work delivered and various allied software service usagesagreed under this agreement &as per the pricing chart will be sent to you by the Service provider based on your actual usage on or before 15th day of following calendar month for all work delivered & services used during the immediate last calendar month. Service provider will email to you all billing & invoices details to your login email id provided by you to Myfirmaccounting.com. All invoices sent to you under this agreement are due upon receipt. You hereby authorizes “Service Provider” to directly charge your credit card account or direct bank debit provided by you at the time of signup or thereafter as per the invoice, for all billings stated in this contract.
- MyFirmAccounting Intellectual Property Rights
The contents of myfirmaccounting.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of myfirmaccounting.com belong or are licensed to myfirmaccounting.com or its software or content suppliers. Service provider grants you the right to view and use myfirmaccounting.com subject to these terms. You may download or print a copy of information provided on myfirmaccounting.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from service provider in whole or in part for any other purpose is expressly prohibited without our prior written consent.
- Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Myfirmaccounting.com or any portion of Myfirmaccounting.com, without the service provider express written consent, which may be withheld in service provider’s sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Myfirmaccounting.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Myfirmaccounting.comor the Service; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Myfirmaccounting.comor the Service.
- Rules for Posting
As part of the Service, service provider allows Members to post content on support boards, blogs and at various other publicly available locations on Myfirmaccounting.com. These forums may be hosted by Myfirmaccounting.com or by one of our third party service providers on service provider’s behalf. You agree in posting content to follow certain rules.
- You are responsible for all content you submit to Myfirmaccounting.com.
- By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Myfirmaccounting.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through Myfirmaccounting.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of Myfirmaccounting.com and under this Agreement.
- You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
- You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of Myfirmaccounting.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
- Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
- You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of Myfirmaccounting.com that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
- You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
- You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
- Social Media Sites
- Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH MYFIRMACCOUNTING.COM OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. SERVICE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF MYFIRMACCOUNTING.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON MYFIRMACCOUNTING.COMOR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SERVICE PROVIDER MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
- Not a Financial Planner, Broker or Tax Advisor
SERVICE PROVIDER DOES NOT INTEND TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. MYFIRMACCOUNTING.COM IS NOT A FINANCIAL PLANNER, BROKER, TECHNICAL OR FUNCTIONAL QUICKBOOKS ADVISOR OR TAX ADVISOR. The Service is intended only to assist you in your financial organization to process & preparation of your clients bookkeeping, finalization, tax preparation or other data entry work or audit assignmentsas and when assigned by you. Service provider does not provide any implicit or explicit assurances, warranties or guarantees of any manner for any reason whatsoever. You will review all work before relying and/or acting upon it at any/all times. Amounts billed by service provider under this agreement are only for the time allocated for completion of the work and software usage as per the subscription billing & services pricing chart under this agreement. Either party may cancel the agreement in line with the cancelation of contract as mentioned in this agreement.
Your personal financial situation is unique, and any information and advice obtained through the Servicemay not be appropriate for your situation. Accordingly, before making any final decisions or implementing
any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
- Alert & Operate Disclaimer
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Service provider does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that the service provider shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.CLOUDIT Automation & Accounting Services LLP is a dynamic and global firm which has its registered corporate offices in India and in several other countries, including the United States. Service provider reserves the right to use any of its local and international group venture operations, associated entities or partners, third party software or hardware companies, and partners for operating in any manner to execute any the contract signed, the aforesaid, must all be considered for the purpose of contract, as stipulated under the terms set out by CLOUDIT Automation & Accounting Services LLP.
- Limitations on Service Provider Liability
SERVICE PROVIDER SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO MYFIRMACCOUNTING.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SERVICE PROVIDER’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED UNITED STATES DOLLARS).
- Your Indemnification of Service Provider
You shall defend, indemnify and hold harmless service provider and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
- Contract termination / Ending your relationship with Service Provider
This Agreement will continue to apply until terminated by either you or the service provider as set out below. If you want to terminate your legal agreement with the service provider, you may do so by closing your account for the Service. Please use the directions below to cancel your account:
- Email email@example.com
- Put in the subject line “Cancel Account”.
- YOU ARE RESPONSIBLE FOR YOUR DATA. WHEN CANCELLING YOUR MYFIRMACCOUNTING.COM ACCOUNT, YOU MUST DELETE ALL FINANCIAL INSTITUTIONAL DATA FROM YOUR ADMIN ACCESS PORTAL WITH MYFIRMACCOUNTING.
- Your account will be closed and your ability to log in deactivated within 24 Business Hours.
All amounts due toward Service provider by you shall be settled in full prior to the contract being considered terminated failing which the contract shall be considered to be in continuity.
Service Provider may at any time, terminate its legal agreement with you:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if Service provider in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
- Immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
Service provider may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the service provider’s Myfirmaccounting.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
- Confidentiality & Non‐Competition
Either party will not directly or indirectly approach or work with employees, associated entities of each other working or otherwise with the objective of recruitment or retaining for any reason other than that of executing the terms of this contract.
Either party will not approach clients’ of the other party and/or hold back or share confidential information with any party you, as applicable, from whom the information has been received intentionally or in error related to, either party’s clients, vendors, associated entities for any purpose whatsoever directly or indirectly unless expressly authorized and/or expressly authorized for sharing by the party sending the information i.e. “You” or by “Service Provider” as applicable.
This agreement shall be subject to the jurisdiction NY courts alone.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if the service provider does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which service provider has the benefit of under any applicable law), this will not be taken to be a formal waiver of the service provider rights and that those rights or remedies will still be available to the service provider.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and the service provider regarding the subject matter of the same, and supersedes all other previous agreements.