TERMS AND CONDITIONS
TERMS AND CONDITIONS
1.1 These Terms and Conditions ("Terms") govern the use of the services provided by BCM Accounting ("Company"), a financial management and accounting service provider, through its website located at https://bcm-accounting.org/ ("Website").
1.2 By accessing or using the Website and the services offered by the Company, you ("Client" or "User") agree to be bound by these Terms. If you do not agree with any part of these Terms, you must refrain from using the Website and services.
1.3 The Company reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting on the Website. Continued use of the Website after any such changes constitutes acceptance of the new Terms.
1.4 The services provided by the Company include, but are not limited to, monthly reconciliation, transaction organization, financial reporting, and historical financial data clean-up, tailored to various industries such as government contractors, small businesses, and non-profits ("Services").
1.5 These Terms, together with any other legal notices or agreements published by the Company on the Website, constitute the entire agreement between you and the Company regarding the use of the Services.
1.6 The Company's principal place of business is located in Silver Spring, Maryland, and it operates under all applicable laws and regulations of the United States
2.1 By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional guidelines, policies, or rules applicable to specific services provided by the Company, which may be posted from time to time on the Website.
2.2 Your continued use of the Website and Services constitutes your acceptance of these Terms in their entirety. If you do not agree to all the terms and conditions contained herein, you must immediately cease using the Website and any services provided by the Company.
2.3 The Company may, at its sole discretion, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. It is your responsibility to review these Terms periodically to stay informed of any changes.
2.4 The Services are available only to individuals who are at least eighteen (18) years old and possess the legal authority to enter into binding contracts. By using the Services, you represent and warrant that you meet these requirements
2.5 In the event that you are accepting these Terms on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such entity to these Terms. If you do not have such authority, you must not accept these Terms or use the Services on behalf of the corporate entity.
2.6 Your use of the Website and Services is subject to all applicable local, state, national, and international laws and regulations. You agree to comply with all such laws and regulations in connection with your use of the Website and Services.
2.7 The Company reserves the right to refuse access to the Website and Services to anyone, at any time, for any reason, without notice or liability, including, but not limited to, violations of these Terms
3.1 The Company provides a range of professional accounting and financial management services designed to support the specific needs of various industries, including government contractors, small businesses, and non-profit organizations.
3.2 Monthly Reconciliation - The Company conducts detailed monthly reconciliation of bank accounts, credit card accounts, and other financial statements to ensure accuracy and consistency in financial records.
3.3 Transaction Organization - The Company organizes and categorizes all financial transactions, ensuring that income, expenses, assets, and liabilities are accurately recorded and easily accessible for review.
3.4 Financial Reporting - The Company prepares comprehensive financial reports, including balance sheets, income statements, and cash flow statements, providing clients with clear insights into their financial health and operational performance.
3.5 Historical Clean-Up - The Company offers services to clean up and correct historical financial data, addressing inaccuracies and ensuring that past financial records are accurate and complete.
3.6 Industry-Specific Services - The Company tailors its accounting services to meet the unique requirements of different industries, providing customized solutions that address specific financial management challenges and regulatory compliance needs.
3.7 Technology Integration - The Company utilizes cutting-edge accounting software and technology to enhance service delivery, streamline processes, and provide clients with real-time access to their financial information.
3.8 Personalized Solutions - The Company works closely with each client to develop personalized accounting solutions that align with their business goals and financial objectives, ensuring a high level of service satisfaction.
3.9 Consultation and Support - The Company offers ongoing consultation and support to help clients understand their financial position, make informed business decisions, and achieve their financial goals
3.10 Additional Services - The Company may offer additional services as agreed upon with the client, which will be specified in a separate agreement or addendum to these Terms.
4.1 The Client shall provide accurate, complete, and timely information and documentation necessary for the Company to perform the Services. The Client acknowledges that the accuracy of financial reports and other deliverables depends on the completeness and correctness of the information provided.
4.2 The Client agrees to maintain proper records of all financial transactions and provide access to such records as requested by the Company to facilitate the performance of the Services.
4.3 The Client shall promptly notify the Company of any changes in their financial situation, business structure, or other relevant circumstances that may affect the provision of the Services.
4.4 The Client agrees to comply with all applicable laws and regulations relating to their business and financial practices, and to not engage in any activities that may result in the Company being involved in any illegal or unethical practices.
4.5 The Client is responsible for reviewing and verifying the accuracy of financial statements, reports, and other deliverables provided by the Company. The Client must promptly notify the Company of any discrepancies or concerns.
4.6 The Client agrees to pay all fees for the Services in accordance with the payment terms specified by the Company. Failure to make timely payments may result in the suspension or termination of Services.
4.7 The Client shall not use the Services for any purpose other than those expressly authorized by these Terms and any additional agreements with the Company. Unauthorized use of the Services may result in termination of the agreement and legal action.
4.8 The Client agrees to maintain the confidentiality of any proprietary information or trade secrets of the Company that may be disclosed during the course of the engagement, and not to disclose such information to any third parties without the Company's prior written consent.
4.9 The Client is responsible for implementing and maintaining appropriate internal controls and security measures to protect their financial data and ensure compliance with all relevant laws and regulations.
4.10 The Client shall cooperate fully with the Company in the performance of the Services, including providing timely access to necessary personnel, records, and systems, and responding promptly to requests for information or clarification
5.1 Fees for the Services provided by the Company shall be as specified and agreed upon in the pricing schedule or written agreement between the Client and the Company. The Client agrees to pay all fees in accordance with the terms set forth in this Article.
5.2 Payment for the Services shall be made in the manner and within the timeframe specified by the Company. Failure to make timely payments may result in the suspension or termination of Services.
5.3 The Company reserves the right to require advance payment, retainer, or deposit from the Client prior to the commencement of Services. Such advance payment, retainer, or deposit will be applied against future invoices.
5.4 The Client agrees to bear any additional costs incurred by the Company as a result of the Client’s failure to make payments as agreed. These costs may include, but are not limited to, collection costs, legal fees, and any other expenses reasonably incurred by the Company in pursuing payment.
5.5 The Company reserves the right to adjust its fees for the Services at its discretion, with prior notice to the Client. Continued use of the Services after such notice will be deemed acceptance of the adjusted fees.
5.6 All fees and payments are exclusive of any applicable taxes, levies, or duties imposed by taxing authorities. The Client is responsible for the payment of all such taxes, levies, or duties.
5.7 In the event of any dispute regarding an invoice, the Client must notify the Company promptly in writing, specifying the nature of the dispute. The Client agrees to pay any undisputed portion of the invoice pending resolution of the disputed portion.
5.8 The Company reserves the right to charge additional fees for any services or modifications requested by the Client that are beyond the scope of the original agreement, provided such fees are agreed upon in writing by both parties.
5.9 The Client acknowledges and agrees that failure to comply with the payment terms set forth in this Article may result in the immediate suspension or termination of the Services, at the Company’s sole direction.
6.1 The Company acknowledges that, during the course of providing Services, it may receive or have access to confidential information, including but not limited to financial records, business plans, proprietary data, and other sensitive information belonging to the Client ("Confidential Information").
6.2 The Company agrees to maintain the confidentiality of all Confidential Information and to use such information solely for the purpose of providing the Services. The Company shall not disclose any Confidential Information to any third party without the prior written consent of the Client, except as required by law or as necessary to perform the Services.
6.3 The Company shall implement and maintain appropriate technical and organizational measures to protect Confidential Information against unauthorized or unlawful processing, accidental loss, destruction, or damage
6.4 The Client agrees to provide accurate and complete information necessary for the Company to perform the Services and to promptly notify the Company of any changes to such information.
6.5 Both parties acknowledge that the obligations of confidentiality shall survive the termination of these Terms and the cessation of the Services for a period of five (5) years.
6.6 The Company shall promptly notify the Client of any breach or suspected breach of data security, and shall cooperate fully with the Client in investigating and remedying any such breach.
6.7 The Client agrees to maintain the confidentiality of any proprietary information or trade secrets of the Company that may be disclosed during the course of the engagement, and not to disclose such information to any third parties without the Company's prior written consent
7.1 All intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, and other proprietary rights, in and to the materials, documents, software, and other deliverables provided by the Company as part of the Services ("Deliverables") shall remain the sole and exclusive property of the Company.
7.2 The Company grants the Client a non-exclusive, non-transferable, revocable license to use the Deliverables solely for the Client's internal business purposes and only in accordance with these Terms and any additional agreements between the parties.
7.3 The Client shall not, without the prior written consent of the Company, copy, modify, distribute, sell, lease, or otherwise exploit the Deliverables or any part thereof, or create derivative works based on the Deliverables.
7.4 Any intellectual property rights arising from or related to the customization or modification of the Deliverables specifically for the Client shall be owned by the Company unless otherwise agreed in writing.
7.5 The Client agrees to notify the Company promptly of any unauthorized use or infringement of the Company’s intellectual property rights and to cooperate with the Company in enforcing such rights.
7.6 The Client warrants that it has the right to provide any information or materials supplied to the Company for use in the provision of the Services and that such use will not infringe the intellectual property rights of any third party.
7.7 The obligations and provisions of this Article shall survive the termination of these Terms and the cessation of the Services.
8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY Page 6 of 8 OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) THE CLIENT'S ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
8.2 THE COMPANY'S TOTAL LIABILITY TO THE CLIENT FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE LIMITED TO THE AMOUNT PAID BY THE CLIENT TO THE COMPANY FOR THE SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
8.3 THE LIMITATIONS OF LIABILITY SET FORTH IN THIS ARTICLE SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
8.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY. IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
8.5 THE CLIENT AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CLIENT'S ACCESS TO OR USE OF THE SERVICES
9.1 The Company reserves the right to terminate or suspend the Services, in whole or in part, at any time, with or without cause, and with or without notice, effective immediately.
9.2 The Client may terminate the Services by providing written notice to the Company, subject to any terms and conditions specified in a separate agreement. Termination by the Client will not relieve the Client of any obligations to pay for Services rendered or expenses incurred up to and including the date of termination.
9.3 Upon termination of the Services for any reason, the Company shall have no further obligation to provide the Services to the Client, and the Client shall immediately cease using the Services.
9.4 Any provisions of these Terms which by their nature should survive termination shall so survive, including but not limited to provisions relating to confidentiality, intellectual property rights, and limitation of liability.
9.5 Termination of the Services shall not affect any accrued rights or liabilities of either party, nor shall it affect the coming into force or the continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination
9.6 In the event of termination, the Company will, upon request, return to the Client or destroy any Confidential Information of the Client in its possession, subject to the Company's rights to retain copies as required by law or as necessary for archival purposes.
10.1 THE SERVICES PROVIDED BY THE COMPANY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED THEREIN.
10.2 TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.3 THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10.4 THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE CLIENT ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
10.5 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE CLIENT'S OWN DISCRETION AND RISK, AND THE CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE CLIENT'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10.6 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE CLIENT FROM THE COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
10.7 THE COMPANY SHALL NOT BE LIABLE FOR ANY DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICES PROVIDED HEREUNDER, OR FOR ANY DAMAGES ARISING THEREFROM.
10.8 THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET THE CLIENT'S REQUIREMENTS OR EXPECTATIONS, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
10.9 THE DISCLAIMERS SET FORTH IN THIS ARTICLE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND THE CLIENT. WITHOUT THESE DISCLAIMERS, THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICES.
10.10 THE COMPANY RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THE SERVICES AT ANY TIME WITHOUT NOTICE. THE COMPANY SHALL NOT BE LIABLE TO THE CLIENT OR ANY THIRD PARTY SHOULD IT EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE SERVICES
11.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law principles.
11.2 Any disputes arising out of or in connection with these Terms and Conditions, including any questions regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts located in Maryland. 1
1.3 The Client agrees to submit to the personal jurisdiction of the courts located in Maryland for the purpose of litigating all such claims or disputes.
ARTICLE 12: CHANGES TO TERMS AND CONDITIONS
ARTICLE 12: CHANGES TO TERMS AND CONDITIONS
12.1 The Company reserves the right to modify, amend, or update these Terms and Conditions at its
sole discretion at any time without prior notice to the Client.
12.2 The Client is responsible for regularly reviewing these Terms and Conditions to stay informed of
any changes. The most current version of the Terms and Conditions will be available on the
Company's Website.
12.3 Continued use of the Services after any changes to these Terms and Conditions have been posted
constitutes acceptance of those changes by the Client.
ARTICLE 13: CONTACT INFORMATION
ARTICLE 13: CONTACT INFORMATION
13.1 For any questions, concerns, or inquiries regarding these Terms and Conditions or the Servicesprovided by the Company, the Client may contact the Company using the following contactinformation:_____________________________________________________________________.
Last updated on June 14, 2024