Terms and Conditions

 

Terms and Conditions

Dear Client First Name:

 We appreciate the opportunity to provide monthly bookkeeping services to Client Company Name (“Client”).

 This Engagement Letter and Service Agreement (“Agreement”) is to confirm our understanding of the terms and objectives of our engagement, as well as the nature and limitations of the services to be provided.

 Engagement

 Aycox Bookkeeping has been engaged to provide bookkeeping cleanup and monthly bookkeeping services. The following tasks will be completed starting on the date this engagement letter is fully executed.

 Bookkeeping Cleanup

  • Establish proper beginning balances as of MM/DD/YYYY
  • Resolve all bookkeeping issues and bring the books current through Month, Year

Monthly Bookkeeping

  • Entry and classification of all financial transactions
  • Bank and credit card account reconciliations
  • Input payroll transaction into QuickBooks
  • Preparation of financial reports, including Profit & Loss and Balance Sheet

Annual Tasks

  • Preparation and filing of 1099s as necessary (additional cost of $X per 1099 for e-filing fees)

This Agreement does not include services that might be needed that do not relate to the normal operation of the business, such as the acquisition or sale of major assets, income modeling or forecasting, tax return preparation and filing, setup of new employees, employee terminations, employment verification, resending W-2s, correcting 1099s, reviewing and responding to IRS or state tax notices, property tax filings, and governmental agency audits. These services will be billed at a rate to be agreed upon when the need for specific services arises.

 Documents and Information Required

It is your responsibility to provide all the documents and information required for the preparation of your financial reports. You agree that effective communication can only occur if you give Aycox Bookkeeping efficient and unrestricted access to your financial documents, records, and information and if you are responsive to questions, we ask about the information you provide.

 To complete the services described herein, Aycox Bookkeeping must obtain the following documents. If these documents are not provided in a timely manner, delays can occur in the delivery of services. The required documents include:

 Bank and credit card statements for the period. We require read-only online access to all accounts.

  • Verification documents for all bank deposits, i.e. deposit slips, invoices, cash register receipts, or summaries of sales and deposits.
  • Online access to the payroll processing service account.
  • Receipts for business-related purchases paid with cash register funds and/or petty cash funds.
  • Receipts for business-related purchases paid with personal funds.
  • A listing of accounts receivable and accounts payable.
  • Copies of purchase and lease agreements for the acquisition and sale of major assets.
  • Copies of loan, mortgage, line of credit, and other finance documents for reporting of liabilities.

 Please note that other documents may be required during the course of this engagement.

 You should retain all documents and all other material data that form the basis of your financial information. You also represent and agree that you are sole custodian of the original documents and data. Your original documents and data comprise the backup and support for your financial reports and tax filings. Our records and files are our property and not a substitute for your own records. Our firm destroys client files after a retention period of seven (7) years, after which time these items will no longer be available. Also, catastrophic events or physical deterioration may result in our records being unavailable.

 In connection with this engagement, we may communicate with you or others via email transmission. As emails can be intercepted and read, disclosed, or otherwise used or communicated by an unintended third party, or may not be delivered to each of the parties to whom they are directed and only to such parties, we cannot guarantee or warrant that emails from us will be properly delivered and read only by the addressee. Therefore, we specifically disclaim and waive any liability or responsibility whatsoever for interception or unintentional disclosure of emails transmitted by us in connection with the performance of this engagement. In that regard, you agree that we shall have no liability for any loss or damage to any person or entity resulting from the use of email transmissions, including any consequential, incidental, direct, indirect, or special damages, such as loss of revenues or anticipated profits, or disclosure or communication of confidential or proprietary information.

Fees

 Aycox Bookkeeping’s fee for the bookkeeping cleanup services listed in this Agreement is $X,XXX, with 50% due upon execution of this agreement and the balance due upon completion of services.

 Aycox Bookkeeping’s fee for the monthly bookkeeping services listed in this Agreement is $X,XXX per month.

 Aycox Bookkeeping will process a payment via the credit card on file on the 1st of every month for that month’s services, as authorized in the attached Credit Card Authorization Form.

 Client acknowledges and agrees that we are not required to continue work in the event of failure to pay on a timely basis for services rendered as required by this Agreement. The client further acknowledges and agrees that in the event we stop work or withdraw from this engagement as a result of the client’s failure to pay on a timely basis, Aycox Bookkeeping shall not be liable for any damages that occur as a result of ceasing to render services.

 Scope and Limitations

 We may provide reports which contain portions of financial information. These reports are limited to information that are the representations of management. We will make no attempt to adjust the records to reflect generally accepted accounting principles (GAAP). We will not provide any financial statements other than those reports which are used for internal management purposes and tax purposes. These reports are not intended for third-party use.

 We will not perform any compilation, review, or audit of any of the financial information. We have not been requested to discover errors, misrepresentations, fraud, illegal acts, or theft, and therefore, have not included any procedures designed or intended to discover such acts. You agree we have no responsibility to do so.

 We do not at any time provide legal services of any type.

 Termination of Engagement

 Either party may terminate this relationship with thirty (30) days written notice to the other, including email notification, provided that such notice has been received.

 During the 30-day termination period, projects in process shall be completed if possible, and no other work shall be undertaken unless the parties agree in writing to specific terms for the additional work.

 Limit of Liability

 Client hereby agrees that Aycox Bookkeeping or Full Name’s total liability for any breach of this Agreement, for any failure to perform any term of this Agreement, for any claims relating to or arising out of its performance of this Agreement, and for its own ordinary negligence in any aspect of its relationship with Client, regardless of form of action, shall be limited to the most recent monthly amount billed for services agreed to hereunder as its exclusive remedy. Client agrees that it shall not make any claim against Aycox Bookkeeping or Full Name beyond such amount of monthly account, and Aycox Bookkeeping and Full Name may rely on this paragraph as a complete bar to any such claim.

 More specifically, Client agrees that Aycox Bookkeeping and Full Name are not, and shall not be deemed to be, liable for any losses resulting from advice provided by them or either of them, or from work done by them, or for loss of profits of Client or of any other party which may flow therefrom, whether it be direct or incidental, whether or not they have been advised of the possibility of such damages, and Client acknowledges and agrees to the same hereto.

 Neither party may bring any action arising out of the services described in this Agreement, regardless of form, more than one year after the date of the last services provided.

 Indemnification

 As an additional consideration for Aycox Bookkeeping to provide Client these services, Client agrees to release, indemnify, defend, and hold harmless Aycox Bookkeeping, its partners, officers, directors, members, employees, and agents from and against any and all claims, demands, suits, liabilities, losses, costs, and expenses (including attorneys’ fees) arising out of or in connection with any known misrepresentations or fraud participated in by management or any employees of Client, or such errors resulting from incomplete or inaccurate information provided by management or any employees of Client, and such indemnity shall not be limited to the term of this Agreement but shall be ongoing even after its termination.

 Governing Law

Aycox Bookkeeping and Client both agree that regardless of where the client is domiciled and regardless of where this Agreement is physically signed, this Agreement shall have been deemed to have been entered into at Aycox Bookkeeping’s office located in Company County, STATE, USA and Company County, STATE, USA shall be the exclusive jurisdiction for resolving disputes related to this Agreement. This Agreement shall be interpreted and governed in accordance with the Laws of State.

Complete Agreement

 This Agreement is contractual in nature and includes all relevant terms that will govern the engagement for which it has been prepared. The terms of this Agreement supersede any prior oral or written representations or commitments by or between the parties.

 Any material changes or additions to the terms set forth in this Agreement will only become effective if evidenced by a written amendment to this Agreement, signed by all parties. If any provision of this Agreement is determined to be unenforceable, all other provisions shall remain in force.

 This Agreement is fully and voluntarily entered into by both parties. Each party states that he, she, or it has read this Agreement, has obtained advice of counsel if he, she, or it so desired, understands all of this Agreement, and executes this Agreement voluntarily and of his, her, or its own free will and accord with full knowledge of the legal significance and consequences of this Agreement.

 If, after full consideration and consultation with counsel if so desired, you agree that the foregoing terms shall govern this engagement, please sign the copy of this Agreement in the space provided and return the original signed Agreement to me, keeping a fully-executed copy for your records.

 

Acknowledged and Accepted:

 

 

 

 Submitted By:

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Signed on Behalf of Client

 

 

 

 _____________________________________
Signed on Behalf of Aycox Bookkeeping

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Print Name

 

 

 

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Print Name

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