Terms of Services Agreement

Dear Valued Client: 

Thank you for the opportunity to provide accounting, consulting and/or tax services to you. This is to confirm and specify the terms of our agreement with our clients and to clarify the nature and extent of the services we may provide. In order to ensure a complete understanding of the mutual responsibilities, this agreement embodies the entire agreement regarding the services to be rendered by our firm to you. ProAdvisor CPA® can only begin working on  client’s bookkeeping, payroll, tax or other services once all applicable fees are received and complete records have been provided.

 

Changes to the Agreements:

Occasionally we may make changes to this Agreements. When we make material changes to this Agreement, we may provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us (refer toCancellation/Refund Policy period for details).

EXPLANATION OF SERVICES:

Refer to the details of the quote for an explanation of the scope of our services engagement.  We will furnish these services from the information you furnish to us (i.e. original documentation and verbal knowledge). We will not audit or otherwise verify the data you submit, although it may be necessary to ask you for clarification of some of the information. It is your responsibility to provide all the necessary information in order for us to prepare accurate and complete financial reports. During these services, we do not perform procedures designed to discover defalcations or other irregularities, should any exist.

Further Explanation of period of engagement for recurring (i.e bookkeeping) services:

Given that we provide our clients with convenient, flat month subscription based pricing, the fees paid each month are paid for services performed during the course of each paid calendar month (i.e. coding transactions, consultations, client requests, reconciliation and closing out the previous month and/or period and furnishing any/all prepared financial statements).

For example, if February fees are paid and a (16) day written notice is provided, we will close out January and furnish financial statements for the month of January and may, at the our discretion, continue coding transactions, consult with the client or provide other labor intensive services during the calendar month of February . We are under no obligation to close our February and/or furnish financial statements, if the engagement includes such service, for February as a an acceptable cancellation period was not provided to us.

Further, refunding any fees previously paid is at our discretion and does not mean that we agree to provide any further services should the cancellation period is not respected (30) day notice was not provided)

 

1. Purpose, Scope, and Output of the Engagement

ProAdvisor CPA® will provide professional services at your request. The details of the services provided in this agreement are detailed in the quote.

2. Period of Engagement

All engagements start upon signing the quotes (agreement) and is valid until a written request is provided to ProAdvisor CPA®, or upon completion of the service, whichever is later.  We will not deal with earlier periods unless we are specifically asked to do so and we agree In writing. Further, the referenced services will continue for an additional term upon completion of this specified engagement term if no written notice of cancellation is provided to ProAdvisor CPA®

 

Hourly Billing for Services with an Undefined Scope

 

While ProAdvisor CPA® will always try to provide a fixed price agreement, particularly in the instance where services are ongoing. However, there are some services that we offer where an estimate based on an hourly rate is the only method of billing that applies. We’ll quote an hourly rate in cases of project work where it is difficult to define the scope of the service required. In the case where you have been quoted an estimate based on an hourly rate, ProAdvisor CPA® will inform the client of the amount of time used before we issue the final bill and collect payment.

 

If possible, ProAdvisor CPA®  will convert any hourly services into a fixed price agreement, if or when the scope of the service becomes more apparent.

 

Unanticipated Services

 

While the fixed price agreement(s) entitles our clients to unlimited communication, if questions or issues require additional research and analysis beyond the services agreed in the applicable contract, any additional work will be quoted to our clients before the commencement of said additional work. Once the scope of the additional work is agreed upon, we will issue a Change of Service Request via our online proposal system and will ask you to sign the new agreement before we commence the new work.

Furthermore, our clients agrees that if an unanticipated need arises (such as an audit, an amended tax return or a personal financial statement required as part of a loan agreement), this additional work will be performed only after arriving at a mutually agreed-upon price and a Change of Service Request is accepted with a digital signature.

Service and Price Guarantee

ProAdvisor CPA® will always stand behind the quality and professional nature of the services that we offer. If at any point you are not completely satisfied with the services we have performed, we encourage you to bring this to our attention immediately. We’d love the opportunity to correctly address your concerns and allow us a chance to win your trust back and prevent similar problems from happening in the future.

Cancellation/Refund Policy

Our clients may cancel their subscription(s)  by providing thirty (30) days written notice to ProAdvisor CPA. Upon disengagement, all original files, if any, will be returned to our clients. Should they require specialized services with regard to any data files, our clients agree that ProAdvisor CPA can charge you additionally for such services. Please contact us at info@proadvisorcpa.com with any questions.

 

YOUR RESPONSIBILITY:

 

It is your responsibility to maintain the relevant original documentation (e.g., canceled checks, legal documents, and other data) that forms the basis of preparing your tax returns. We suggest you retain such documentation for a minimum of seven years. Such original documentation may be needed in order to substantiate the items reported in these financials. You are ultimately responsible for the accuracy reported in these financials. Therefore, we suggest once your reports are completed that you review them to ensure you agree with the presentations of the items found within. You will have to create a username and password for some applications, you agree that you will not share your user name or password with anyone inside or outside of your organization. They will have the same authority and ability to see all your personal information. If you feel someone should have access to your business or personal files, please inform us and we can add them with restricted access as needed.

 

USE OF TECHNOLOGY AND THIRD-PARTY SERVICES:

 

In the interest of facilitating our services to you, we may send data over the Internet, securely store electronic data via computer software applications hosted remotely on the Internet, or allow access to data through third-party vendors’ secured portals or clouds, such as QuickBooks Online, Xero, Aplos, ShareFile, Box, Slack, Google Suite, Expensify, Bill.com and/or other cloud-based applications. Electronic data that is confidential to you may be transmitted or stored using these methods. We may use third-party service providers to store or transmit this data, such as, but not limited to, providers of accounting and tax return preparation software. In using these data communication and storage methods, our firm employs measures designed to maintain data security. We use reasonable efforts to keep such communications and data access secure in accordance with our obligations under applicable laws and professional standards. We also require our third-party vendors to do the same. We may also utilize to work of independent bookkeepers, accountants or other third parties for data entry only. All data entry will be reviewed and verified for accounting accuracy and to ensure compliance with regulatory agencies.

 

You recognize and accept that we have no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by us or our third-party vendors. You consent to our use of these electronic devices and applications and submission of confidential client information to third-party service providers during this agreement.

 

To enhance our services to you, we will use a combination of remote access, secure file transfer, virtual private network or other collaborative, virtual workspace or other online tools or environments. Access through any combination of these tools allows for on-demand and/or real-time collaboration across geographic boundaries and time zones and allows and you to share data, agreement information, knowledge, and deliverables in a protected environment. In order to use certain of these tools and in addition to execution of this acknowledgment and agreement letter, you may be required to execute a separate client acknowledgment or agreement and agree to be bound by the terms, conditions, and limitations of such agreement.

 

You agree that we have no responsibility for the activities of its third-party vendors supplying these tools and agree to indemnify and hold harmless with respect to any and all claims arising from or related to the operation of these tools. While we may backup your files to facilitate our services, you are solely responsible for the backup of your files and records; therefore, we recommend that you also maintain your own backup files of these records.

 

DISPUTE RESOLUTION:

 

In the event of a dispute between the parties which arises out of or relates to this contract or agreement letter, the breach thereof or the services provided or to be provided hereunder, and, if the dispute cannot be settled through negotiation, the parties agree that before initiating arbitration, litigation or some other dispute resolution procedure, they will first try in good faith to resolve the dispute through non-binding mediation. The law of the state of California, County of Santa Clara, governs this agreement and contract. The costs of any mediation proceedings shall be the responsibility individually as each party incurs. 

 

By submitting your payment information you have accepted this “Terms of Service” Agreement, you have confirmed that you have read and agree to our "Terms & Conditions”, and that you have read and understood our "Security Policy" and "Privacy Policy".

 

We appreciate you selecting us as your accountants and advisors.

 

Very truly yours,

 

ProAdvisor CPA®