End User License Agreement
Terms Of Service
Last Updated: 04/25/2018
PLEASE, READ CAREFULLY THESE END USER LICENSE AGREEMENT AND TERMS OF SERVICE (HEREINAFTER THE “AGREEMENT”) AS THEY ARE LEGAL BINDING BETWEEN THE CUSTOMER (YOU) AND AKURACY (US, THE SERVICE PROVIDER). YOU ACCEPT THESE TERMS AND CONDITIONS BY SUCCESSFULLY REGISTERING AND/OR SIGNING UP ON THE WWW.AKURACY.COM WEBSITE, LOGGING WITH YOUR GOOGLE ACCOUNT OR OTHER ANY PROVIDED METHOD, AND BY THE MERE USE OF WWW.AKURACY.COM, IN ANY OF ITS VERSIONS AS, BUT NOT LIMITED TO, DESKTOP, MOBILE, AND/OR APP.
1.0 THE PARTIES
1.1 Akuracy LLC, a company duly incorporated under the laws of the State of California, having its registered office in 21900 Burbank Blvd #300, Woodland Hills, CA 91367, hereinafter the “Service Provider”
1.2 You, a natural person, business or a incorporated company, hereinafter the “User” or “Customer”
2.1 The Service Provider is in the Bookkeeping and Accounting, offered through www.akuracy.com. Being those services, but not limited to, Personal Bookkeeping, Financial Overview, Account Reconciliation, Daily Balances, Monthly Reports, Full Service Payroll Processing, Tax Planning, Invoicing and Credit Control, Budgeting and Analysis, 2 DBA Filings a year, Annual 1099-Misc Filings, jointly the “Services”
2.2 The User/Customer wishes to engage the Service Provider, under the service terms and conditions here stipulated.
2.3 CUSTOMER ELIGIBILITY
2.4 The Customer must be at least 18 years of age to be Eligible to use the Services provided by Akuracy.
2.5 If the Customer is acting on behalf of a legal entity, the Customer must have and by agreeing to this UELA states that has the legal authority to subscribe this UELA on behalf of such entity.
2.6 Only individuals within the United States of America territory, and Companies incorporated under the United States of America’s law, are eligible to enjoy the services provided by Akuracy.
2.7 The Customer by agreeing to this UELA states that he/she complies with the Eligibility criteria. Akuracy will not be held liable if the Customer falsely states compliance of the Eligibility Criteria.
2.8 CALLS RECORDING AND MONITORING
2.9 The Customer and/or User acknowledges and agrees that Akuracy may monitor, record, transcribe, and store data in any type of form, related to inbound and outbound calls made between the Customer/User and Akuracy’s representatives, bookkeepers, help support, executives, or any other person related to the Akuracy Team. Akuracy will not be held liable on any claim, arbitration process, or any legal procedure where the Customer/User claims an illegitimate or illegal call recording.
2.10 Akuracy will warn the Customer/User when calls might be recorded.
2.11 The calls’ related data will be used by Akuracy to provide the Customer a better service, to gather information about the Customer, and to duly perform the provided services, in compliance with this UELA.
3.0 PERSONAL BOOKKEEPING PLANS PRICING AND DESCRIPTIONS
3.1 Basic Plan. This plan costs Ninety Nine United States Dollars per Month (USD99/Month), and includes the following:
3.1.1 Bill paying services
3.1.2 Bank account reconciliation
3.1.3 Monthly reports
3.1.4 Personal bookkeeper
3.2 Premium Plan. This plan costs Two Hundred Ninety Nine United States Dollars per Month (USD299/Month), and includes the following:
3.2.1 Everything from Basic +
3.2.2 Monthly Review and recommendations
3.2.3 Banking & Insurance liaison
3.2.4 Tax filing
3.2.4 Savings Building
4.0 PERSONAL BOOKKEEPING PLANS’ TRIAL PERIOD
4.1 When the Customer first signs up with Akuracy for any of the Personal Bookkeeping Plans, the Customer will be given a 30 day-free trial period. The Customer will be prompted to enter a credit card to begin the subscription package of his/her choice for the free trial. The Customer can cancel at any time before the end of the 30-day period to avoid the recurring monthly subscription charge.
5.0 BUSINESSES’ PLANS PRICING AND DESCRIPTIONS
5.1 Starter Plan. This plan costs One Hundred Sixty Five United States Dollars per Month (USD165/Month), and includes the following:
5.1.1 Personal Bookkeeper
5.1.2 Financial Overview
5.1.3 Account Reconciliation
5.1.4 Daily Balances
5.1.5 Monthly Reports
5.1.6 Option to Add Full Service Payroll Processing for an additional Fifty Five United States Dollar per month (USD55/Month)
5.2 Basic Plan: This plan costs One Hundred Ninety Five United States Dollars per Month (USD195/Month), and includes the following:
5.2.1 Everything from Starter Plan (3.1.1 to 3.1.5)
5.2.2 Tax Planning
5.2.4 Budgeting & Analysis
5.2.5 Option to Add Full Service Payroll Processing for an additional Fifty Five United States Dollar per month (USD55/Month)
5.3 Premium Plan This plan costs Three Hundred Seventy Five United States Dollars per Month (USD3755/Month), and includes the following:
5.3.1 Everything from Starter and Basic Plans (3.2.1 to 3.2.5
5.3.2 Credit Control
5.3.3 2 DBA Filings a year
5.3.4 Full Service Payroll Processing
5.3.5 Annual 1099-Misc Filings
6.0 BUSINESSES PLANS’ TRIAL PERIOD
6.1 When the Customer first signs up with Akuracy for any of the Businesses Plans, the Customer will be given a 30 day-free trial period. The Customer will be prompted to enter a credit card to begin the subscription package of his/her choice for the free trial. The Customer can cancel at any time before the end of the 14-day period to avoid the recurring monthly subscription charge.
7.1 The Service Provider offers a twenty percent (20%) discount if the Customer chooses to pay annually, full amount that will be charged once the user activates his/her account.
8.0 PAYMENT METHODS
8.1 All payments will be made by the Customer by Bank Card.
8.2 Once the Customer has chosen the Plan that best suits his/her needs, his/her credit card information will be asked, such as Name on Card, Card Number, CVV, expiration month and year, in order to verify the Customers identity and protect the Service Provider from theft and fraud.
8.3 The customer acknowledges and approves a one dollar (USD1) authorization hold that will show as pending on the Customer’s account which will fall off within 2-3 business days depending on the Customer’s bank.
9.0 HOW TO SEND THE BOOKS TO THE SERVICE PROVIDER
9.1 The Customer upon logging into the dashboard, may simply use the upload feature to send the Service Provider the most up-to-date balance sheet and income statement.
9.2 If the Customer uses Quickbooks or Xero software to keep the books, simply “invite us (the Service Provider) as an accounting firm” using the email: email@example.com and the Service Provider will then be able to obtain the balance sheet and income statement to begin keeping the Customer’s books.
9.3 If the Customer does not have any financial statements (perhaps using excel), the former may simply email his/her personal bookkeeper what he/she has.
9.4 If anything else is needed, the personal bookkeeper will reach out to the Customer.
10.0 CANCELLATION AND TERMINATION
10.1 Whether the Customer pays monthly or annually, the Customer can cancel the acquired plan any time, even before the termination of the respective free trial.
10.1 If the Customer chose to pay the annual plan, the Customer will be granted a pro-rate refund.
11.0 SERVICES LEGAL JURISDICTION
11.1 The Customer acknowledges that the Services stated in this agreement will be provided in accordance with the law of the United States of America, and the Internal Revenue Services (IRS) of the USA.
12.0 CUSTOMER’S OBLIGATIONS
12.1 The Customer must keep his/her signing in information confidential, and do not let a third party use the Customer’s account. If the Customer suspects that the Akuracy Account or any of the security details have been compromised or if the Customer becomes aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting the Customer and/or the Service Provider (together a “Security Breach”), the Customer must notify Akuracy as soon as possible by email free of charge at Help@akuracy.com or by phone at (866) 554-1459 and continue to provide accurate and up to date information throughout the duration of the Security Breach. The Customer must take any steps that the Service Provider reasonably requires reducing, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be considered in determination of the appropriate resolution of the matter.
12.2 The Customer must always provide truthful information and documents.
12.3 Comply with all the explicit and implicit obligations derived from this Agreement.
12.4 The Customer must not use the services provided by the Service Provider to engage into unlawful activities, such as, but not limited to, tax fraud, money laundering, financing of terrorism, and relies the Service Provider of any liability the Latter may incur.
12.5 Provide any reasonable information the assigned bookkeeper may request the Customer in order to perform the services.
12.6 It is responsibility of the Customer to obtain the proper internet connection and internet services to properly communicate with and access the Service Provider’s Website, and/or Apps. The Service Provider is not responsible for any breach of the Service Provider’s obligations arising from and attributable the Customer’s internet connection.
13.0 SERVICE PROVIDER’S OBLIGATIONS.
13.1 The Service Provider will assign the Customer a personal bookkeeper after the Customer is dully registered.
13.2 The assigned Bookkeeper will perform an orientation call to get to know the Customer and vice versa, to go over the account, and request some additional information or documents that may be reasonably needed.
13.3 The Service Provider is obligated to keep the Customers up to date the Books, even if the Customer if behind on this books at the time of subscription.
13.4 The Service Provider is obligated to provide all the services subscribed by the Customer’s in accordance to the laws of the United States of America, and to perform them to the best of its practices and customs.
13.5 The Service Provider is obligated to comply with the explicit and/or implicit obligations derived.
13.6 The Service Provider shall to keep all information posted on the website in accordance to this Agreement.
14.0 LIMITED LICENSE
14.1 The Service Provider grants the Customer a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the Akuracy Site, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by the Service Provider from time to time. Any other use of the Akuracy Site or Content is expressly prohibited and all other right, title, and interest in the Akuracy Site or Content is exclusively the property of Akuracy and its licensors. The Customer agrees not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part “www.akuracy.com”, “Akuracy”, and all logos related to the Akuracy Services or displayed on the Akuracy Site are trademarks or registered marks of Akuracy LLC., or its licensors. The Customer may not copy, imitate or use them without the Service Provider’s prior written consent.
14.2 The Customer agrees not to and must not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Software belonging to the Service Provider, or used through www.akuracy.com, subject to indemnification.
15.0 INTELLECTUAL PROPERTY INFRINGEMENT:
15.1 The Customer must not engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit software, or other licensed materials without the appropriate authorization from the rights holder; use of Akuracy intellectual property, name, or logo, including use of trade or service marks, without express consent from Akuracy or in a manner that otherwise harms Akuracy or the Akuracy brand. Infringement is subject to indemnification by the Customer.
16.0 GOVERNING LAW AND JURISDICTION
16.1 This Agreement shall be governed by and construed in accordance with the laws of the United States of America.
17.0 REMEDIES AND WAIVER
17.1 Any remedy or right conferred upon the Service Provider or the Customer for breach of this Agreement will be in addition to and without prejudice to all other rights and remedies available to it by law.
17.2 Any waiver of any breach of this Agreement shall not be deemed to apply to any succeeding breach of the provision or of any other provision of this Agreement. No failure to exercise and no delay in exercising on the part of any of the Parties any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege
18.1 In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
19.1 The Service Provider must not disclose, totally or partially, any content, document, or any type or form of information, without the written and explicit consent from the Customer. All type of information provided by the Customer will solely be used to deliver the services subscribed by the latter.
20.0 DATA PROTECTION
20.1. The Customer acknowledges that the Service Provider may process personal and business data in relation to the Customer, and personal and/or business data that the Customer has provided or in the future provide to the Service Provider in relation to Customer’s employees and other associated or other individuals, in connection with this Agreement, or the Akuracy Services. Accordingly, the Customer represents and warrants that:
20.2 The Customer’s disclosure to the Service Provider of any personal or business data relating to individuals other than the Customer was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed; Before providing any such personal data to the Service Provider, the Customer has read and understood this Agreement, and, in the case of personal data relating to an individual other than the Customer’s, has (or will at the time of disclosure has) provided a copy of this Agreement (as amended from time to time), to that individual.
21.0 WEBSITE MAINTENANCE.
21.1 The Service Provider may schedule, with 48 hours’ prior notice, shut down the Akuracy website in order to perform maintenance and/or upgrades, without being liable of any failure by the Customer to comply with its obligations, arising from the shutdown period.
22.1 The Service Provider will notify the Customer any change to this Agreement to by email or by posting it on the website www.akuracy.com at least one month in advance to when the amendments become effective. In such circumstances, the Customer will be deemed to have accepted the change if the Customer does not notify the Service Provider otherwise prior to the date the change takes effect and continue to use the Services. If the Customer does not accept the change, the Agreement will terminate at the end of the two-month notice. The Customer may also end the Agreement immediately and free of charge with effect at any time before the expiration of the two-month notice. Although the Service Provider will endeavor to provide the Customer with notice where possible, where lawful we may indicate that the revised Agreement shall be effective immediately and if the Customer does not agree with any of such modification, the Customer should close the Akuracy account and cease using the Akuracy Services.
23.0 NOT PERMITTED CUSTOMERS
23.1 You are not permitted to acquire any of the Services through the Akuracy Site if:
23.1.1 You are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury’s financial sanctions regime (a “Sanctioned Country”), or if you are a person on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List, or the HM Treasury’s financial sanctions regime (a “Sanctioned Person”); or
23.1.2 You intend to supply any acquired Akuracy Services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
24.1 The Customer agrees to indemnify the Service Provider, its affiliates and each of its or their respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to the Customer’s breach and / or our enforcement of this Agreement, or the Customer’s violation of any law, rule or regulation, or the rights of any third party.
24.2 The Customer agrees to indemnify the Service Provider for any breach of this Agreement, specially, but not limited to, intellectual property violations.
25.1 In the event of a complaint, the Customer must set out the cause of the complaint, how would like the Service Provider to resolve the complaint and any other information that the Customer believe to be relevant. The Service Provider will acknowledge receipt of the complaint. A Customer Complaints officer (“Officer”) will consider the complaint. The Officer will consider the complaint without prejudice based on the information provided, and any information provided by Akuracy. Within 15 business days of the receipt of the complaint the Officer will address all points raised in the complaint by sending the Customer an e-mail (“Resolution Notice”) in which the Officer will:
25.1.1 Offer to resolve the complaint in the way requested by the Customer;
25.1.2 Make a determination rejecting the complaint and set out the reasons for the rejection; or
25.1.3 Offer to resolve the complaint with an alternative solution.
25.2 In exceptional circumstances, if the Officer is unable to respond to the complaint within 15 business days for reasons beyond Akuracy’s control, the Officer will send the Customer a holding reply indicating the reasons for a delay in answering the complaint and specifying the deadline by which the Officer will respond to the complaint (which will be no later than 35 business days from the receipt of the complaint.
25.3 Offers. Any offer of resolution made to the Customer will only become binding on the Service Provider if accepted by the Customer. An offer of resolution will not constitute any admission by Service Provider of any wrongdoing or liability regarding the subject matter of the complaint.
26.1 Any dispute arising out of or in connection with this Agreement (a “Dispute”) shall be referred to and finally resolved by arbitration in the United States of America. If the Customers prevail on any claim for which the Customer is legally entitled to legal fees, the Customer may seek to recover those fees from the arbitrator. For any claim where the Customer is seeking relief, Akuracy will not seek the Customer to pay its legal fees, even if fees might otherwise be awarded, unless the arbitrator determines that the Customer’s claim was frivolous.
26.2 The parties agree to keep confidential all matters relating to the arbitration, including related court proceedings, to the greatest extent practicable. For purposes of this arbitration provision, references to the parties also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized Users or beneficiaries of the Akuracy Services.
26.3 Nothing in this Section (Arbitration) shall be construed as preventing either party from seeking conservatory or similar interim relief in any court of competent jurisdiction. If any provision of this Section (Arbitration) is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
26.4 The Customer agrees to use the complaints procedure set out at Section 25 of this Agreement before contacting submitting the claim to arbitration. The Customer agrees to submit the claim or dispute to arbitration in accordance with Sections 26 of this Agreement respectively before filing any claim in a competent court. If the Customer does not follow the procedures set out in this Section 25 and 26 before filing a claim in a court, the Service Provider shall have the right to ask the court to dismiss the Customers filing unless and until the Customer completes the steps outlined above.
27.1 All communications between the parties can be performed through the Email: Help@akuracy.com, and by phone at (866) 554-1459, or any other method accepted by both Parties.
27.2 All communications must be performed on weekdays, from 8:00 am to 5:00 pm PDT