Accountally Payment Terms and Conditions for Bookkeeping Services

These Payment Terms and Conditions (“Payment Terms”), along with the Refund and Cancellation Policies, govern the terms and conditions under which Accountally (“Company,” “we,” “us,” or “our”) will charge Customer (“you,” “your”) for bookkeeping services. Please read these Payment Terms carefully before you access this payments page (hereinafter the “Site”). These Payment Terms are intended to supplement, not supplant, the terms set forth in the Service Agreement, which is referenced and incorporated herein. To the extent there is a conflict between these Payment Terms and the Service Agreement, these Payment Terms shall prevail and govern the payment relationship between Company and Customer.

1. Acceptance of Payment Terms

By using the Site and providing your payment information, you agree to be bound to and comply with these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not access or use this Site.

This Site is offered and available to users who are 18 years of age or older and reside in the United States and located in certain states where we operate. By using this Site, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements, and you are agreeing to legally bind yourself to these Payment Terms. If you do not meet all of these requirements or do not wish to be bound by these Payment Terms, you must not access or use the Site.

2. Provision of Services

​​By accessing and using this Site, Customer agrees to pay for the charges associated with engaging Company to be your exclusive provider of bookkeeping and related services to Customer as described in the Service Agreement and any accompanying documents thereto, including, without limitation, Statement of Work (“SOW”). 

3. Fees

For bookkeeping services, will be charged during initial onboarding of Customer. Onboarding Fees, include, without limitation onboarding of new businesses, setting up software systems,  and establishing operations with Customer. Onboarding Fees are required to be paid prior to the provision of Services and are non-refundable.

4. Payment for Services

All Onboarding Fees are required to be paid prior to the provision of Services and are non-refundable. Company will issue you an invoice through this Site prior to the provision of Services and any time scope of work is increased.. Payment in full is due and owing within net five (5) business days (“Payment Due Date”). Onboarding of new or additional businesses is contingent upon the Onboarding Fees being paid in full.

Payment are due on the 1st of each month and invoiced 10 days before the 1st of each month. For clean-up fees, the full amount is due upon receipt prior to any work done. All payments are setup on an auto draft via ACH.

5. Accepted Payment Methods

By accessing this Site, you agree to complete the payment information on this Site completely and accurately. Payments are auto paid via credit card or ACH on the Payment Due Date indicated on the invoice (net (10) business days from issuance of the invoice). Unless otherwise stated, all Fees are in U.S. Dollars.

1. Credit Card Authorization. If you provide your credit card information in connection with the Services, you agree that any card or account number and any related billing and payment information that You provide may be shared by Company with other companies, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to Company and servicing your account. Company may seek pre-authorization of your credit card prior to any payment for Services hereunder to verify the credit card account is valid and/or has the necessary funds or credit to cover your purchase. By providing your credit card information, you authorize Company to automatically charge such card or account (and authorize the card issuer or account holder to pay) for Fees owed hereunder by the Payment Due Date. You agree to promptly pay Company in the event of any refusal of your credit card issuer to pay any amount to Company for any reason. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance.
2. ACH Authorization. If you provide ACH information, you agree to regularly scheduled charges to Customer’s checking/savings account for Fees owed hereunder by the Payment Due Date. Customer will be charged the amount indicated in these Terms and the Service Agreement, unless otherwise agreed upon by Customer and Company in writing. The Company charge will appear on your bank statement as Accountally LLC Debit. You agree that, other than the issuing invoice, no prior notification will be provided unless the date or amount changes, in which case you will receive notice from Company at least 10 days prior to the payment being collected. You understand that this authorization will remain in effect until you cancel it in writing, according to the Cancellation terms. You agree to notify Company in writing of any changes in your account information at least 15 days prior to the next billing date. If payment dates fall on a weekend or holiday, you understand that the payments may be executed on the next business day. For ACH debits to Customers checking account, you understand that because these are electronic transactions, these funds may be withdrawn from your account as soon as the Payment Due Date. In the case of an ACH Transaction being rejected for Non-Sufficient Funds (NSF), you understand that Company may at its discretion attempt to process the charge again within 30 days. You acknowledge that the origination of ACH transactions to your account must comply with the provisions of U.S. law. You certify that you are an authorized user of this bank account and will not dispute these scheduled transactions with your bank; so long as the transactions correspond to the terms indicated in these Payment Terms.

6. SECURITY MEASURES.

Company shall comply with the Payment Card Industry Data Security Standards (“PCI-DSS”), with respect to cardholder data that Company collects or maintains on Customer’s behalf.

7. COLLECTION AND USE.

Company shall comply with all applicable laws, rules, regulations, and ordinances as they pertain to the collection, use, and disclosure of Customer personal information, including, without limitation, personally-identifiable information.

8. DISCLAIMER OF WARRANTIES.

You understand that we cannot and do not guarantee or warrant that the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. LIMITATION OF LIABILITY.

IN NO EVENT WILL COMPANY, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our respective officers, directors, employees, contractors, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Payment Terms, or your use of the Site, including, but not limited to, any use of the Site other than as expressly authorized in these Payment Terms or your use of any information obtained from the Site. You agree we have the right to hire counsel of our own choosing in connection with, and to assume the exclusive defense and control of, any matter subject to indemnification by you, and doing so will in no way limit your indemnification obligations hereunder. In any litigation, you will cooperate with us in asserting any available defenses.

11. LIMITATION ON TIME TO FILE CLAIMS.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE PAYMENT TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

12. GOVERNING LAW; VENUE.

These Payment Terms are governed by and construed in accordance with the laws of the State of South Carolina. Customer hereby agrees that the courts of the State of South Carolina shall have sole and exclusive jurisdiction over any matter arising from the interpretation, purpose, effect, or operation of these Payment Terms. Except as otherwise required by law, Customer consents to venue in Charleston County, South Carolina and waives any rights it may have to assert jurisdiction or venue in any other court, administrative forum, or other adjudicative body. The prevailing party in any action to enforce these Payment Terms shall receive reimbursement from the non-prevailing party of reasonable outside attorneys’ fees, expenses and its costs.

13. RELATIONSHIP OF THE PARTIES.

The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

14. WAIVER AND SEVERABILITY.

No waiver by us of any term or condition set forth in these Payment Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Payment Terms shall not constitute a waiver of such right or provision.

If any provision of these Payment Terms of is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Payment Terms will continue in full force and effect.

15. ASSIGNMENT.

Customer may not assign, transfer, or sublicense its payment obligations under these Payment Terms to any third party, without the consent of Company (which shall not be unreasonably withheld), and any attempt to do so in violation of this section shall be null and void. Company may assign its obligations hereunder (and under the Service Agreement), without consent of Customer, to (i) any Affiliate of Accountally, or (ii) any person or entity who, at any time, acquires all or substantially all of the equity interests, assets or business of Company.

16. ENTIRE AGREEMENT.

These Payment Terms, along with the Refund and Cancellation Policies and the Service Agreement (and any SOWs), constitute the entire agreement between Company and Customer as they relate to the provision of payment by Customer to Company for the Services and supersede all previous written or oral agreements. The paragraph headings in these Payment Terms, shown in boldface type, are included only to help make these Payment Terms easier to read and have no binding effect.

ACCOUNTALLY REFUND POLICY

This Refund Policy supplements the Payment Terms and Conditions and sets forth the policies and procedures of Accountally (“Company”) in relation to the payment of Fees set forth in the Payment Terms. All Fees referred to in the Payment Terms shall not be refundable under any circumstances, including, without limitation, termination of the Accountally Service Agreement.

Customer agrees that you will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Customer’s credit card for any reason whatsoever related to the Fees set forth in the Payment Terms. In the event of a chargeback, Company reserves the right to report it to the credit bureaus as a delinquent account. Customer agrees to pay any fees incurred by Company in defending against a chargeback request, including, without limitation, attorney’s fees.

ACCOUNTALLY CANCELLATION POLICY

These Cancellation Terms supplement the Payment Terms and Conditions (“Payment Terms”) and set forth the policies and procedures of Accountally (“Company”) relating to cancellation of the payment authorizations provided by Customer (“you,” “your”) in the Payment Terms for the provision of Services set forth in the Accountally Service Agreement (“Service Agreement”).

Termination of Services

For Customers who have less than ten (10) customer support agents, either Customer or Company may terminate the Service Agreement without cause upon not less than thirty (30) days advanced written notice before the date of termination. During that thirty-day notice window, you will continue to be issued invoices for the Services at the same rate and automatically billed by the Payment Due Date according to the terms set forth herein. Upon expiration of the thirty (30) days, Company will terminate the provision of Services. Customer is solely responsible for timely payment of any outstanding invoices that are due and owing after the thirty-day notice window and will be automatically billed for those outstanding invoices per the terms set forth herein.

Either party may terminate this Agreement without cause by giving written notice to the other party not less than ninety (90) days before the date of termination. During that ninety day notice window, you will continue to be issued invoices for the Services at the same rate and automatically billed by the Payment Due Date according to the terms set forth herein. Upon expiration of the ninety (90) days, Company will terminate the provision of Services. Customer is solely responsible for timely payment of any outstanding invoices that are due and owing after the ninety-day notice window and will be automatically billed for those outstanding invoices per the terms set forth herein.