Akuracy Services, INC
End User License Agreement
Terms Of Service
Last Updated: 06/06/2022
Please, read carefully these end user license agreement and terms of service (hereinafter the “agreement”) as they are legal binding between the Client (you) and Akuracy Services, inc (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 Services, INC, a company duly incorporated under the laws of the State of California, having its registered office in 17412 Ventura Blvd #600 Encino, CA 91316, hereinafter the “Service Provider”.
1.2. You, a natural person, business or a incorporated company, hereinafter the “User” or “Client”.
1. Whereas
1.1. The Service Provider provides Bookkeeping and Accounting Services through the https://www.akuracy.com platform (hereinafter “the Platform”). These services include, but are 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, etcetera.
1.2. The Client wishes to engage the Service Provider for the provision of the services agreed on these Terms.
2. Client eligibility
2.1. The Client must be at least 18 years of age to be Eligible to use the Services provided by Akuracy Services, INC.
2.2. If the Client is acting on behalf of a legal entity, the Client must have and by agreeing to this UELA states that has the legal authority to subscribe this UELA on behalf of such entity.
2.3. 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 Services, INC.
2.4. The Client by agreeing to this UELA states that he/she complies with the Eligibility criteria. Akuracy Services, INC will not be held liable if the Client falsely states compliance of the Eligibility Criteria.
3. Recordings and monitoring
3.1. The Client and/or User acknowledges and agrees that Akuracy Services, INC may monitor, record, transcribe, and store data in any type of form, related to inbound and outbound calls made between the Client/User and Akuracy Services, INC’s representatives, bookkeepers, help support, executives, or any other person related to the Akuracy Services, INC Team. Akuracy Services, INC will not be held liable on any claim, arbitration process, or any legal procedure where the Client/User claims an illegitimate or illegal call recording.
3.2. Akuracy Services, INC will warn the Client/User when calls might be recorded.
3.3. The calls’ related data will be used by Akuracy Services, INC to provide the Client a better service, to gather information about the Client, and to duly perform the provided services, in compliance with this UELA
3.4. Akuracy Services, INC must not and will not disclose with third parties any call related data, as this data is protected by Akuracy Services, INC’s Privacy Policy.
4. Businesses plans’ trial period
4.1. When the Client first signs up with Akuracy Services, INC for any of the Businesses Plans, the Client will be given a seven (7) day-free trial period. The Client will be prompted to enter a credit card to begin the subscription package of his/her choice for the free trial. The Client can cancel at any time before the end of the seven (7) day period to avoid the recurring monthly subscription charge.
5. Services
5.1. The Service Provider provides different types and scope of services depending on the package and plan chosen by the Client. These plans are the Starter Plan, the Basic Plan, the Premium Plan and the Custom Plan.
5.2. Plans Description: The Client understands and agrees that the services in this agreement, including those set in the Started. Basic, Premium or Custom Plan below, and also those services in the plan picked by the client, are provided by the Service Provider by subcontracting a third-party service provider.
5.2.1. Starter Plan. This plan costs One Hundred Forty-Five United States Dollars per Month ($145/Month) if billed on an Annual basis, or One Hundred Seventy Five ($175/Month) if billed on a monthly basis, and it includes the following:
5.2.1.1. Personal Bookkeeper
5.2.1.2. Financial Overview
5.2.1.3. Account Reconciliation
5.2.1.4. Daily Balances
5.2.1.5. Monthly Reports
5.2.1.6. Cancel anytime
5.2.2. Basic Plan. This plan costs Two Hundred United States Dollars per Month ($200/Month) if billed on an annual basis, or Two Hundred Fifty United States Dollars ($250/Month) if billed on a monthly basis, and it includes the following:
5.2.2.1. Everything from Starter+
5.2.2.2. Tax Planning
5.2.2.3. Budgeting & Analysis
5.2.3. Premium Plan. This plan costs Four Hundred Sixteen United States Dollars per Month ($416/Month) if billed on an Annual basis, or Five Hundred Twenty United States Dollars ($520/Month) if billed on a monthly basis, and it includes the following:
5.2.3.1. Everything from Starter and Basic +
5.2.3.2. 2 DBA Filings a year
5.2.3.3. Annual 1099-Misc Filings
5.2.4. Custom Plan. Client may pick a custom-made plan for certain services needed, as detailed below:
5.2.4. TBD
5.2.4.2. Custom Plan Price: TBD
5.3. The Client understands and agrees that the Tax Filling Services set in any plan, either the Starter, Basic, Premium, or Custom Plan, are subcontracted to a third-party by the Service Provider. For this specific service, the Service Provider’s duty and service is limited to subcontracting, instructing, and overseeing the sub-contractor’s tax filling work. For this specific case, any type of liability arising of the sub-contractor’s tax filling work will be solely attributable to the Sub-Contractor who is signing the tax filling, and Client agrees to hold and keep Service Provider harmless from any type of liability arising from Sub-Contractor’s work.
5.4. Client understands and acknowledges that Service Provider is not a CPA but has worked under the supervision of CPA’s for over 15 years.
6. Independent Contractor
6.1. Client acknowledges and agrees that Service Provider provides the Services as an independent contractor. Nothing contained in this Agreement shall be construed to establish a joint venture, partnership, employment relationship, principal-agent relationship or otherwise between Client and Service Provider.
6.2. As an independent Contractor, Client shall hold harmless the Service Provider from any lawsuit, complaint, or in general any legal action against Service Provider in regard to, but not limited to, the quality of the products sold, or the services provided by the Servicer Provider to Client.
7. Client’s Obligations
7.1. Client has the obligation to provide true and correct information for Service Provider to perform the Services agreed in this Agreement.
7.2. The Client must keep his/her signing in information confidential, and do not let a third party use the Client’s account. If the Client suspects that the Akuracy Services, INC Account or any of the security details have been compromised or if the Client becomes aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting the Client and/or the Service Provider (together a “Security Breach”), the Client must notify Akuracy Services, INC as soon as possible by email free of charge at Help@akuracy.com or by phone at (855) 666-9829 and continue to provide accurate and up to date information throughout the duration of the Security Breach. The Client 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.
7.3. The Client must always provide truthful information and documents.
7.4. Comply with all the explicit and implicit obligations derived from this Agreement.
7.5. The Client 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.
7.6. Provide any reasonable information the assigned bookkeeper may request the Client in order to perform the services.
7.7. It is responsibility of the Client 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 Client’s internet connection.
8. How to send the books to the service provider
8.1. The Client 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.
8.2. If the Client uses Quickbooks or Xero software to keep the books, simply “invite us (the Service Provider) as an accounting firm” using the email: help@akuracy.com and the Service Provider will then be able to obtain the balance sheet and income statement to begin keeping the Client’s books.
8.3. If the Client does not have any financial statements (perhaps using excel), the former may simply email his/her personal bookkeeper what he/she has.
8.4. If anything else is needed, the personal bookkeeper will reach out to the Client.
9. Service provider’s obligations.
9.1. The Service Provider will assign the Client a personal bookkeeper after the Client is dully registered.
9.2. The assigned Bookkeeper will perform an orientation call to get to know the Client and vice versa, to go over the account, and request some additional information or documents that may be reasonably needed.
9.3. The Service Provider is obligated to keep the Clients up to date the Books, even if the Client if behind on this books at the time of subscription.
9.4. The Service Provider is obligated to provide all the services subscribed by the Client’s in accordance to the laws of the United States of America, and to perform them to the best of its practices and customs.
9.5. The Service Provider is obligated to comply with the explicit and/or implicit obligations derived.
9.6. The Service Provider shall to keep all information posted on the website in accordance to this Agreement.
10. Payment
10.1. All payments will be made by the Client by Bank Card.
10.2. Once the Client 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 Clients identity and protect the Service Provider from theft and fraud.
10.3. The Client acknowledges and approves a one dollar (USD1) authorization hold that will show as pending on the Client’s account which will fall off within 2-3 business days depending on the Client’s bank.
10.4. Plan Fees shall be paid in advance.
10.5. Administrative expenses reimbursement: the Service Provider will be entitled to reimbursement by the Client for the administrative expenses incurred by the Service Provider.
11. Term and Renewal
11.1. The Term of this Agreement will the same of the Billing Plan elected by the Client. If the Client has elected a Monthly billing basis, the term of this Agreement will be of One Month, and if the Client has elected the Yearly billing basis the term of this Agreement would be of 1 year.
11.2. The Term of this Agreement begins upon execution by both Parties and will continues until terminated pursuant to this Agreement.
11.3. This Agreement would renew automatically for another term provided that the following conditions are met: (a) Client does not cancel the service or the auto-renewal option, and (2) payment for the service is successful.
12. Termination
12.1. The Service Provider has the right to terminate this Agreement unilaterally, without cause, and for convenience just giving notice to the Client. Such notice will have immediate effect.
12.2. Whether the Client pays monthly or annually, the Client can cancel the acquired plan any time, even before the termination of the respective free trial.
12.3. Client has the right to terminate this Agreement at any time, without cause, and for convenience.
13. Refund Policy
13.1. If either the Service Provider or the Client early terminates this Agreement, Clients will receive a prorated refund for Plans billed on an Annual Basis.
13.2. T here is no refund on cancelled or contract termination for Plans billed on a monthly basis, unless such error is attributable to a Platform error.
14. Limited license
14.1. The Service Provider grants the Client a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the Akuracy Services, INC 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 Services, INCSite or Content is expressly prohibited and all other right, title, and interest in the Akuracy Services, INC Site or Content is exclusively the property of Akuracy Services, INC and its licensors. The Client 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, INC or displayed on the Akuracy Services, INC Site are trademarks or registered marks of Akuracy Services, INC, or its licensors. The Client may not copy, imitate or use them without the Service Provider’s prior written consent.
14.2. The Client 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. Intellectual property infringement
15.1. The Client 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 Services, INC intellectual property, name, or logo, including use of trade or service marks, without express consent from Akuracy Services, INC or in a manner that otherwise harms Akuracy Services, INC or the Akuracy Services, INC brand. Infringement is subject to indemnification by the Client.
16. Indemnification
16.1. Client agrees to indemnify Service Provider and agrees to defend and hold them harmless from and against any and all claims, demands, causes of action, liabilities, costs and expenses, including reasonable attorney fees to the extent arising from the negligent or more culpable acts or omissions of the Client under this Agreement, or out of any breach by Client of any warranty or agreement made by it herein.
17. Governing Law and Dispute Resolution
17.1. Any dispute arising out of this agreement shall be interpreted and governed by the laws and regulations of California, United States of America.
18. COMPLAINTS
18.1. In the event of a complaint, the Client must set out the cause of the complaint, how would like the Service Provider to resolve the complaint and any other information that the Client believe to be relevant. The Service Provider will acknowledge receipt of the complaint. A Client 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 Services, INC. Within 15 business days of the receipt of the complaint the Officer will address all points raised in the complaint by sending the Client an e-mail (“Resolution Notice”) in which the Officer will:
18.1.1. Offer to resolve the complaint in the way requested by the Client;
18.1.2. Make a determination rejecting the complaint and set out the reasons for the rejection; or
18.1.3. Offer to resolve the complaint with an alternative solution.
18.2. In exceptional circumstances, if the Officer is unable to respond to the complaint within 15 business days for reasons beyond Akuracy Services, INC‘s control, the Officer will send the Client 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.
18.3. Offers. Any offer of resolution made to the Client will only become binding on the Service Provider if accepted by the Client. An offer of resolution will not constitute any admission by Service Provider of any wrongdoing or liability regarding the subject matter of the complaint.
19. ARBITRATION
19.1. 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 Clients prevail on any claim for which the Client is legally entitled to legal fees, the Client may seek to recover those fees from the arbitrator. For any claim where the Client is seeking relief, Akuracy Services, INC will not seek the Client to pay its legal fees, even if fees might otherwise be awarded, unless the arbitrator determines that the Client’s claim was frivolous.
19.2. 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, INC.
19.3. 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.
19.4. The Client agrees to use the complaints procedure set out at Section 25 of this Agreement before contacting submitting the claim to arbitration. The Client 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 Client 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 Clients filing unless and until the Client completes the steps outlined above.
20. Notices:
20.1. Any notices required or permitted to be given under this Agreement shall be in writing and shall be delivered (i) via email with a confirmed receipt, to the following email address:
20.1.1. If to Client, email to the same address used by the Client when signing up to the platform.
20.1.2. If to Service Provider, email to: help@akuracy.com
20.2. All communications must be performed on weekdays, from 8:00 am to 5:00 pm PDT
21. Integration and Severability
21.1. This Agreement should be complemented by our platform Terms of Use which can be found at https://www.akuracy.com/terms-of-use/. In the event there is a contradiction between the terms of this Agreement, and the ones in the Platform Terms of Use, the terms in this Service Agreement will prevail.
21.2. This Agreement, including the Platform Terms of Use, constitute the entire agreement between the Parties hereto regarding the transactions contemplated hereby and supersedes any prior, contemporaneous or other written or oral agreement or understanding between the parties.
21.3. In the event a term or terms of this Agreement is/are held to be invalid, unenforceable or unlawful in any applicable jurisdiction, such illegality, unenforceability or unlawfulness shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, unenforceable or unlawful, the parties hereto shall negotiate in good faith to modify this Agreement so as to affect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
22. Confidentiality
22.1. 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 Client. All type of information provided by the Client will solely be used to deliver the services subscribed by the latter.
23 Data Protection
23.1. The Client acknowledges that the Service Provider may process personal and business data in relation to the Client, and personal and/or business data that the Client has provided or in the future provide to the Service Provider in relation to Client’s employees and other associated or other individuals, in connection with this Agreement, or the Akuracy Services, INC. Accordingly, the Client represents and warrants that:
23.2. The Client’s disclosure to the Service Provider of any personal or business data relating to individuals other than the Client 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 Client has read and understood this Agreement, and, in the case of personal data relating to an individual other than the Client’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.
23.3 By accepting this Agreement, the Client agrees to the Privacy Policy.
24. Website Maintenance.
24.1. The Service Provider may schedule, with 48 hours’ prior notice, shut down the Akuracy Services, INC website in order to perform maintenance and/or upgrades, without being liable of any failure by the Client to comply with its obligations, arising from the shutdown period.
25. Amendments
25.1 The Service Provider will notify the Client 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 Client will be deemed to have accepted the change if the Client does not notify the Service Provider otherwise prior to the date the change takes effect and continue to use the Services. If the Client does not accept the change, the Agreement will terminate at the end of the two-month notice. The Client 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 Client with notice where possible, where lawful we may indicate that the revised Agreement shall be effective immediately and if the Client does not agree with any of such modification, the Client should close the Akuracy Services, INC account and cease using the service.
26. Non-Waiver
26.1. No waiver in any one or more instance shall (except as otherwise stated therein) be deemed to be a further or continuing waiver of any such condition or breach in any other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
27. Not Permitted Clients
27.1 You are not permitted to acquire any of the Services through the Akuracy Services, INC Site if:
27.1.1 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
27.1.2 You intend to supply any acquired Akuracy Services, INC to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
28. No Third-Party Beneficiaries
28.1. This Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of this Agreement.
29. Final Provisions.
29.1. Each Party represents and warrants that he/she is not a party to any other agreement which would restrict his/her ability to perform his obligations under this Agreement.
29.2. Neither Party Considered Drafter. Despite the possibility that one party may have prepared the initial draft of this Addendum or played the greater role in the physical preparation of subsequent drafts, neither party shall be deemed the drafter of this Addendum and that, in construing this Addendum in case of any claim that any provision hereof may be ambiguous, no such provision shall be construed in favor of one party on the ground that such provision was drafted by the other.
29.3. The contract and sections’ headings of this Agreement are included for the convenience only and shall not affect the construction or interpretation of these provisions.