Effective as of December 24, 2015.
THESE TERMS OF SERVICE (“TERMS”) GOVERN YOUR USE OF OUR WEBSITE & SERVICES.
These TERMS set forth the agreement between you and Booxy (Collectively the “Parties”) concerning the respective rights and responsibilities of the Parties arising from your use of the Web Site and Services. Your use of the Web Site constitutes your acceptance of these TERMS. You may not use the Web Site or Services until you review and agree to these TERMS.
Booxy offers Bookkeeping through the Web Site (the “Services”). Booxy reserves the right to add or delete any of its product offerings at any time. Booxy.com may, at its option offer a number of other additional services in the future. If additional services are offered, Booxy may in its sole discretion adopt additional rules, regulations or terms of service concerning the additional services.
You understand and agree that Booxy is not a law firm or an attorney, may not perform services performed by an attorney, and is not the substitute for the advice of an attorney. You further understand and agree that Booxy is not a Certified Public Accountant, may not perform services performed by a Certified Public Accountant, and is not the substitute for the advice of a Certified Public Accountant.
You understand that the quality of the services provided by Booxy are dependent upon the accuracy of the information provided by you including but not limited to the completeness, spelling, grammar and consistency of names, addresses, descriptions, financial information and the like. You also understand it is your sole responsibility to provide accurate information and you will read all final document(s) before approving, signing, submitting and or returning them to the designated recipients.
You agree that your order with Booxy represents that the information supplied by you or your agent to Booxy is accurate and complete. Your order with Booxy also acknowledges that Booxy is relying upon such information in the preparation and completion of each and all orders without any verification by Booxy as to its accuracy or completeness. You agree to hold Booxy and its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents and representatives harmless and defend and indemnify Booxy from and against any claims, causes of action, damages and liability of whatever kind or nature, including but not limited to court costs and reasonable attorney fees if information provided by you or your agent is inaccurate or incomplete. It is your responsibility to inform Booxy of any changes or corrections to your information.
You understand that if you have any billing questions or disputes to a charge to your account, you should call Booxy immediately at 1-844-821-9117 and allow Booxy to investigate the matter before disputing the matter with your financial institution.
In the event of any dispute, billing dispute, claim, or disagreement arising from or relating to the Agreement or the breach thereof, the parties hereto shall first use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and recognizing their mutual interest, attempt to reach a just and equitable solution satisfactory to both parties. If the dispute cannot be settled through direct discussions, the parties agree to mediation administered by the American Arbitration Association under its commercial mediation rules. Fees charged by any mediators, arbitrators, or the AAA shall be shared equally by all parties. IN AGREEING TO ABRITRATION, WE BOTH ACKNOWLEDGE THAT IN THE EVENT OF A DISPUTE OVER FEES, EACH OF US IS GIVING UP THE RIGHT TO HAVE THE DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY AND INSTEAD WE ARE ACCEPTING THE USE OF ARBITRATION FOR RESOLUTIONS.
Fees and Payment
a. Subscription Fees. Subscription Fees are recurring monthly fees. Subscription Fees are initially the fees indicated during Sign-up but Booxy may change the Subscription Fees from time to time by providing Customer with one (1) month’s notice.
b. Usage Fees. Usage Fees are charged in respect of Customer’s use of the Services (for example, fees per transaction in excess of the amount Customer subscribed for). Rates for Usage Fees are initially the rates indicated during Sign-up but Booxy may change the rates from time to time by providing Customer with one (1) month’s notice.
c. Automatic Credit Card Payments. Customer agrees to provide Booxy with credit card information for a credit card it is authorized to use agrees that, during the Term, Booxy may charge the applicable credit card for: (i) Subscription Fees each month in advance; and (ii) for Usage Fees, immediately after the end of the applicable measurement period (normally at the end of each month). Booxy will issue Customer a receipt for each payment monthly. Booxy must be notified in writing of any billing discrepancies within ten (10) days after the date of the applicable receipt to be eligible to receive an adjustment or credit (if any) on customer’s next payment to Booxy.
d. Late Payment. Customer may not withhold or “setoff” any amounts due hereunder. Booxy reserves the right to suspend Service until all past due amounts are paid in full. Any late payment shall be subject to any costs of collection and shall bear interest at the rate of one and a half percent (1.5%) compounded monthly (19.56% annually), or the maximum legal rate if less, per month or fraction thereof until paid.
e. Certain Taxes. Fees quoted do not include and Customer shall pay, indemnify and hold Booxy harmless from all sales, use, gross receipts, value-added, personal property or other taxes, and all applicable duties, tariffs, assessments, export and import fees or similar charges (including interest and penalties imposed thereon) on the transaction contemplated herein, other than taxes based on the net income or profits of Booxy.
f. Refunds In the event of termination of a Service, we may provide you with a refund of any pre-paid, but unused fees related to such Service, effective at the beginning of the next month of your Service. No refund shall be paid for the current month’s services, regardless of the day on which you cancel the Services. We will issue the refund within 60 days of when your cancellation request is processed. You will not be entitled to any refund for our termination of the Services based upon your breach. If you purchased access to the Service at a discounted price, any refund will lose the benefit of that discount. For example, if you paid $100.00 for a one-year subscription, and the monthly subscription price was $10.00 at the time of such purchase, we would assume that you were on the month-to-month subscription for the purpose of your refund.
Limitation of Liability
Booxy and its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents and representatives shall not be liable for any injury, claim, liability or damage of any kind resulting from your use of this website, our services or the Booxy Content or related to the User Content. Booxy and its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents and representatives shall not be liable for any special, direct, indirect, incidental or consequential damages of any kind whatsoever, including without limitation, attorney fees, lost profits, goodwill, business interruption, loss of business information or data, loss of opportunity and the like, in any way due to, resulting from, or arising in connection with the use or inability to use this website, our services or the Booxy Content.
Booxy is not responsible for any delay or failure in performance of the web site or services in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under these Terms of Service.
Governing Law, Jurisdiction and Legal Notice
Booxy reserves the right to change this Agreement at any time and from time to time without notice by posting revisions to this Agreement (including the description of the Services) on Booxy’s Web Site. Continued use of the Services after Customer become aware of any such changes shall constitute Customer’s consent to such changes. Customer is responsible for regularly reviewing the most current version of this Agreement which is available on Booxy’s Web Site.