IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 15. IT AFFECTS HOW DISPUTES ARE RESOLVED
These terms (“Terms”) cover the use of those consumer products, websites, and services listed at the end of these Terms here (the “Services”). You accept these Terms by creating a account, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms.
1. Acceptance of Terms-
The services that provide to you are subject to the following Terms of use (“TOU”). We reserves the right to update and modify the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hyperlink located at the bottom of our webpages. When we make updates to the TOU, we will update the date at the top of this page. By using the website after a new version of the TOU has been posted, you agree to the terms of such new version.
2. Description of Services-
Through its network of Web properties, we provides you with access to a variety of resources, including developer tools, download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these TOU.
3. Personal and Non-Commercial Use Limitation-
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services.
4. Your Privacy-
4.1. Your Privacy: Your privacy is important to us. Please read the thebookkeepingonline Privacy Statement (the “Privacy Statement”) as it describes the types of data we collect from you and your devices (“Data”), how we use your Data, and the legal bases we have to process your Data. The Privacy Statement also describes how thebookkeepingonline uses your content, which is your communications with others; postings submitted by you to thebookkeepingonline via the Services; and the files, photos, documents, audio, digital works, livestreams and videos that you upload, store, broadcast or share through the Services (“Your Content”). Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to thebookkeepingonline’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Statement.
4.2. Your Content: Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.
4.2.1. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Your Content for the purpose that you made Your Content available on the Services without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. thebookkeepingonline cannot be held responsible for Your Content or the material others upload, store or share using the Services.
4.2.2 To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve thebookkeepingonline products and services, you grant to thebookkeepingonline a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising. We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files, to target advertising to you. Our advertising policies are covered in detail in the Privacy Statement.
5. Code of Conduct-
5.1. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
5.1.1. Don’t do anything illegal.
5.1.2. Don’t engage in any activity that exploits, harms, or threatens to harm children.
5.1.3. Don’t send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, Social Security numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit.
5.1.4. Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
5.1.5. Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
5.1.6. Don’t circumvent any restrictions on access to or availability of the Services.
5.1.7. Don’t engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
5.1.8. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).
5.1.9 Don’t engage in activity that violates the privacy of others. 5.1.10 Don’t help others break these rules.
6. Using the Services & Support-
6.1. thebookkeepingonline account. You’ll need a thebookkeepingonline account to access many of the Services. Your thebookkeepingonline account lets you sign in to products, websites and services
6.2. Account Use. You must use your thebookkeepingonline account to keep it active. This means you must sign in at least once in a two-year period to keep your thebookkeepingonline account, and associated Services, active,
6.3. We will assume your thebookkeepingonline account is inactive and will close it for you. When there’s something we need to tell you about a Service you use, we’ll send you Service notifications. If you gave us your email address or phone number in connection with your thebookkeepingonline account, then we may send Service notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number and verifying your purchases. We may also send you Service notifications by other means (for example by in-product messages). Data or messaging rates may apply when receiving notifications via SMS.
6.4. Support. Customer support for some Services is available at https://thebookkeepingonline.com. Certain Services may offer separate or additional customer support, subject to the terms available at www.thebookkeepingonline.com/support-service-agreement, unless otherwise specified. Support may not be available for preview or beta versions of features or Services
7. Using Third-Party Apps and Services-
The Services may allow you to access or acquire products, services, websites, links, content, material, games, skills, integrations, bots or applications from independent third parties (companies or people who aren’t thebookkeepingonline) (“Third-Party Apps and Services”). Many of our Services also help you find, make requests to, or interact with Third-Party Apps and Services or allow you to share Your Content or Data, and you understand that by using our Services you are directing them to make Third-Party Apps and Services available to you. The Third-Party Apps and Services may allow you to store Your Content or Data with the publisher, provider or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept their terms before you can install or use the Third-Party App or Service. You should review the third-party terms and privacy policies before acquiring, using, requesting, or linking your thebookkeepingonline Account to any Third-Party Apps and Services. Any third-party terms do not modify any of these Terms. You are responsible for your dealings with third parties. thebookkeepingonline does not license any intellectual property to you as part of any Third-Party Apps and Services and is not responsible or liable to you or others for information or services provided by any Third-Party Apps and Services.
8. Service Availability-
8.1 The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your thebookkeepingonline account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.
8.2. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and thebookkeepingonline is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content and Data that you store on the Services or store using Third-Party Apps and Services.
8.3 Use of Services-
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information.
- Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright, or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
- we have no obligation to monitor the Communication Services. However, we reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. we do not control or endorse the content, messages or information found in any Communication Services
9. Updates to the Services or Software, and Changes to These Terms-
- We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your thebookkeepingonline account and, if you are a parent or guardian, help your minor child close his or her thebookkeepingonline account.
- Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. thebookkeepingonline isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system or device for which you purchased or licensed the software, apps, content or other products.
- Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined in section 14.j), or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version, may work.
- So that you can use material protected with digital rights management (DRM), like some music, games, movies, books and more, DRM software may automatically contact an online rights server and download and install DRM updates.
10 Payment Terms-
If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
10.1. Charges: If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network that masks your location may cause charges to be different from those displayed for your actual location.
10.2. Your Billing Account: To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method. You agree to permit thebookkeepingonline to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
10.2.1. Billing: By providing thebookkeepingonline with a payment method, you
(i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate;
(ii) authorize thebookkeepingonline to charge you for the Services or available content using your payment method; and
(iii) authorize thebookkeepingonline to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you
(a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
10.3. Recurring Payments: When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually), you agree that you are authorizing recurring payments, and payments will be made to thebookkeepingonline by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by thebookkeepingonline. You must cancel your Services before the next billing date to stop being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing thebookkeepingonline to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, thebookkeepingonline or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.
10.4. Online Statement and Errors: thebookkeepingonline will provide you with an online billing statement on thebookkeepingonline account management website where you can view and print your statement.This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won’t be required to correct the error or provide a refund. If thebookkeepingonline has identified a billing error, we will correct that error within 90 days.
10.5. Refund Policy: unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that thebookkeepingonline has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply
10.5.1. Canceling the Services: You may cancel a Service at any time, with or without cause. Cancelling paid Services stops future charges to continue the Service. To cancel a Service and request a refund, if you are entitled to one, You can request a refund using the Cancellation and Refund form. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation.
10.5.2. Price Changes: We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
10.6 Payments to You: If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may reduce the payment to you without notice to adjust for any previous overpayment.
11. Export Laws-
You must comply with all domestic and international export laws and regulations that apply to the software and/or Services, which include restrictions on destinations, end users, and end use. For further information on geographic and export restrictions, visit https://www.thebookkeepingonline.com/exporting.
12.Reservation of Rights and Feedback-
Except as expressly provided under these Terms, thebookkeepingonline does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by thebookkeepingonline or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to thebookkeepingonline any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Feedback”), you give to thebookkeepingonline, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires thebookkeepingonline to license its software, technologies or documentation to any third party because thebookkeepingonline includes your Feedback in them.