This Agreement describes the terms governing your use of the HostBooks services and products provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference:
- HostBooks Privacy Statement provided to you in the Services available on the website or provided to you otherwise.
- Additional Terms and Conditions, which may include those from third parties.
- Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
For services offered on a payment or subscription basis, the following terms apply if you are the User paying for the services, unless HostBooks or its third party affiliate notifies you otherwise in writing. This agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the services:
1. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
2. You must pay with one of the following:
i. A valid credit card acceptable to HostBooks;
ii. A valid debit card acceptable to HostBooks;
iii. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
iv. By another payment option HostBooks provides to you in writing.
3.If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
4. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs suggested by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
5. HostBooks will not automatically renew your services, unless the services are not renewed under this Agreement.
6. Additional cancellation or renewal terms may be provided to you on the website for the Particular Services or Products.
BOOKKEEPING, ACCOUNTING & PAYROLL SERVICES:
HostBooks provide bookkeeping/accounting/tax/payroll services through its own developed methodologies and use various Intuit’s QuickBooks accounting software applications. HostBooks bills for bookkeeping/accounting/tax/payroll services after the service is delivered and all payments are subject to our refund and returns policy provided on this website.
QUIICKBOOKS PROADVISOR SERVICES:
Our QuickBooks ProAdvisors and Certified Consultants are available through telephone and Live Assistance subject to plan availed by the customers. All the QuickBooks Pro Advisor Services are prepaid and subject to our refund and returns policy provided on this website.
All products shown on our websites are subject to availability. While we plan for sufficient quantities, extraordinary demand may limit our ability to immediately fill your order. In the event that a product you have ordered is temporarily out of stock, we will promptly inform you of the earliest date that you may expect to receive your complete order. Back ordered items can be exchanged for an in stock item or canceled for a full refund. We cannot be held liable for any typographical or pictorial errors that may occur on this website.
HostBooks maintains this internet website. Reproduction or modification of any information contained in this site is prohibited without the express written consent of HostBooks. HostBooks makes no representations that the information contained in this site is appropriate, available or permissible for use in all locations.
RIGHT TO CHANGE OR MODIFY
HostBooks reserves the right to change, modify and/or withdraw the information, products or services in this site at any time without notice.
LIMITATION OF LIABILITY DISCLAIMER
In all circumstances HostBooks’s maximum liability is limited to the purchase price of the products sold. HostBooks shall not, under any circumstances, be liable upon a claim or actions in contract, tort, indemnity or contribution, or other claims related to the products it sells which exceeds this liability limit. HostBooks shall not be liable for third party claims for damages against the customer, or for malfunction, delays, interruption of service, loss of business, loss or damage to exemplary damages, whether or not HostBooks is apprised of the possibility of such claims or damages.
GOVERNING LAW AND JURISDICTION
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between HostBooks and Customer shall be governed by the laws of the State of Delaware, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. HostBooks and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of Delaware, New Castle County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against HostBooks that is more than one year after the date of the applicable invoice.
Member agrees to indemnify and hold HostBooks, its parents, subsidiaries, affiliates, officers and employees, agents, and contractors harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Services, the violation of this Agreement, or infringement by Member, or other user of the Services using Member’s computer, of any intellectual property or any other right of any person or entity.
All group Subscription Members are responsible for all usage or activity of the Services by seat license users, including but not limited to their activities under the license and using a password if one is provided, including but not limited to use of your password by any third party.
Further, if Subscription Member is accessing the Services via the HostBooks website, Member acknowledges that like any web application, the HostBooks website may be susceptible to security breaches. It is the Member’s responsibility to ensure that the computers using the Services are in a secure environment with appropriate firewalls, database encryption, virus protection, and security patches in place. HostBooks is not liable for any loss of data or any other damages from security breaches, denial of service or other hacker attacks.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Texas law.
These terms and conditions, together with the HostBooks invoice respecting the products ordered by Customer, are the complete and exclusive agreement between HostBooks and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between HostBooks and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
COPYRIGHT AND TRADEMARK INFORMATION
All content included or available on the HostBooks website including videos, test materials, design, text, graphics, interfaces, and the selection and arrangements thereof is with all rights reserved, or is the property of HostBooks and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than that included in the License above, modification, distribution, derivative works, display, performance, copying or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of HostBooks, is strictly prohibited. Member agrees he/she will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of HostBooks.
The logo and trademarks of HostBooks are owned exclusively by HostBooks & its associates/sister concern. All other trademarks displayed on HostBooks website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with HostBooks. No license is granted herein for use of any service mark, trademark and/or trade dress of HostBooks and/or owner.
RIGHT OF REFUSAL
We reserve the right to limit quantities and to reject orders at our discretion.