Terms and Conditions
Our Terms and Conditions were last updated on January 1, 2024.
These Terms and Conditions ("Agreement") govern your use of digital products ("the Product") provided by Horizon Bookkeeping, LLC ("we," "us," or "our").
By accessing or using the Product, you agree to be bound by this Agreement. If you do not agree with these terms, please refrain from using the Product.
HI THERE
Welcome to our Terms and Conditions! These boxes aren’t legally binding, you can use them as an aid for understanding the legal language.
1. Entire Agreement; Modification:
This Agreement, and any exhibits or schedules attached hereto, is the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic or otherwise. No change, modification, amendment, or addition of or to the Agreement or any part thereof shall be valid unless in writing and signed by authorized representatives of the Parties. Each Party hereto has received independent legal advice regarding the Agreement and their respective rights and obligations set forth herein. The Parties acknowledge and agree that they are not relying upon any representations or statements made by the other Party or the other Party’s employees, agents, representatives or attorneys regarding the Agreement, except to the extent such representations are expressly set forth in the Agreement.
2. Warranty:
The Services to be performed hereunder are in the nature of professional services. They shall not be construed as tax advice or financial advice. Horizon Bookkeeping does not warrant in any form the results or achievements of the Services provided or the resulting work product and deliverables. Horizon Bookkeeping warrants that that the Services will be performed by qualified personnel in a professional and workmanlike manner in accordance with the generally accepted industry standards and practices. THE WARRANTY SET FORTH IN THIS SECTION 2 IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES, WORK PRODUCT OR DELIVERABLES PROVIDED UNDER THIS AGREEMENT, OR AS TO THE RESULTS WHICH MAY BE OBTAINED THEREFROM. HORIZON BOOKKEEPING DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. HORIZON BOOKKEEPING SHALL NOT BE LIABLE FOR ANY SERVICES OR WORK PRODUCT OR DELIVERABLES PROVIDED BY THIRD PARTY VENDORS IDENTIFIED OR REFERRED TO CUSTOMER BY THE HORIZON BOOKKEEPING DURING THE TERM OF THIS AGREEMENT, PURSUANT TO ANY SOW OR OTHERWISE. CUSTOMER’S EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY IS REPERFORMANCE OF THE SERVICES, OR IF REPERFORMANCE IS NOT POSSIBLE OR CONFORMING, REFUND OF AMOUNTS PAID UNDER THIS AGREEMENT FOR SUCH NON-CONFORMING SERVICES.
3. Intellectual Property; Confidentiality:
The Product, including but not limited to its content, design, text, graphics, composition, logos, trademarks, and any associated materials, are protected by intellectual property laws and are the exclusive property of Horizon Bookkeeping, LLC or its licensors. You acknowledge that its content is strictly private, confidential and personal to its recipients and should not be copied or distributed, in whole or in part, nor passed to any third party. You agree to use this Product only for personal and commercial purposes strictly related to your company business projects. Horizon Bookkeeping, LLC owns all rights, intellectual property, and interest in the Product..
4. Indemnification:
Each Party (the “Indemnifying Party”) agrees to indemnify, defend and hold the other Party and its affiliates and their respectiveor omission of the other Party, or its employees or agents, contributed to such liability. The Party seeking indemnification shall provide the Indemnifying Party with prompt written notice of any claim and give complete control of the defense and settlement of the Indemnifying Party, and shall cooperate with the Indemnifying Party, its insurance company and its legal counsel in its defense of such claim(s). This indemnity shall not cover any claim in which there is a failure to give the Indemnifying Party prompt notice to the extent such lack of notice prejudices the defense of the claim. SECTION 4 STATES THE ENTIRE OBLIGATION AND THE EXCLUSIVE REMEDIES WITH RESPECT TO THE PARTIES’ INDEMNIFICATION OBLIGATIONS PURSUANT TO THIS AGREEMENT.
5. Limitation of Liability; Actions:
EXCEPT FOR THE HORIZON BOOKKEEPING’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 4 OF THIS AGREEMENT, IN NO EVENT SHALL HORIZON BOOKKEEPING BE LIABLE UNDER THIS AGREEMENT TO CUSTOMER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, AND COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. HORIZON BOOKKEEPING’S ENTIRE AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES OR THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO THE HORIZON BOOKKEEPING UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. THIS SECTION SHALL SURVIVE THE TERMINATION OF THE AGREEMENT. NO ACTION SHALL BE BROUGHT FOR ANY CLAIM RELATING TO OR ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION, EXCEPT FOR MONEY DUE ON AN OPEN ACCOUNT.
6. Assignment; No Third-Party Beneficiaries:
Neither Party may assign the Agreement, either in whole or part, without the express written consent of the other Party. Any assignment without such consent shall be null and void. Notwithstanding the foregoing, the Agreement shall be binding upon and inure to the benefit of the successors, assigns and legal representatives of the Parties. There are no third-party beneficiaries to the Agreement.
7. Severability:
If any provision or portion of the Agreement shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
8. Headings; Construction:
The headings/captions appearing in the Agreement have been inserted for the purposes of convenience and ready reference, and do not purport to and shall not be deemed to define, limit or extend the scope or intent of the provisions to which they appertain. This Agreement is the result of negotiations between the Parties and their counsel. Accordingly, the Agreement shall not be construed more strongly against either Party regardless of which Party is more responsible for its preparation, and any ambiguity that might exist herein shall not be construed against the drafting Party.
9. Survival:
Each term and provision of the Agreement that should by its sense and context survive any termination or expiration of the Agreement, shall so survive regardless of the cause and even if resulting from the material breach of either Party to the Agreement.
10. Non-Disparagement:
Client agrees that during the Term and for a period of three (3) years thereafter, it will not, either on its own account or directly or indirectly in conjunction with or on behalf of any other individual, disparage or otherwise speak or write negatively about Horizon Bookkeeping or the Services or cause any other individual to disparage or speak or write negatively about Horizon Bookkeeping or the Services.
11. Governing Law and Venue:
This Agreement will be governed by and interpreted in accordance with the laws of the State of Missouri, without giving effect to the principles of conflicts of law of such state. The Parties hereby agree that any action arising out of the Agreement will be brought solely in any state or federal court located in Columbia, Missouri. Both Parties hereby submit to the exclusive jurisdiction and venue of any such court.
12. Attorney Fees:
Other than pursuant to Section 17 hereof, in the event there is any dispute concerning or arising out of the Agreement and, as a result, a Party incurs attorney fees for the purpose of enforcing any provision of the Agreement or in defending any claims asserted by the other Party with respect to the Agreement, each Party shall be solely responsible for its own costs and attorney’s fees incurred in connection with the dispute, regardless of whether or not a lawsuit is actually filed and irrespective of which Party prevails in such legal proceedings.
13. Rights Cumulative:
The rights and remedies of the Parties herein provided shall be cumulative and not exclusive of any rights or remedies provided by law or equity.
14. Authorized Signatories:
It is agreed and warranted by the Parties that the individuals indicating they have acknowledged and agreed to the Agreement on behalf of the respective Parties are authorized to execute such an agreement. No further proof of authorization shall be required.
15. Termination:
We reserve the right to terminate or suspend your license to use the Product at any time and without prior notice if we believe you have violated any provision of this Agreement. Upon termination, you must cease all use of the Product and destroy any copies you may have.
16. Notices:
All notices or other communications required under the Agreement shall be in writing and shall be deemed effective when received and made in writing by either (i) email (receipt acknowledged); (ii) hand delivery, (iii) registered mail, (iv) certified mail, return receipt requested, or (v) overnight mail, addressed to the Party to be notified at the address for the Party indicated above, or to such other address as such Party shall specify by like notice hereunder.
17. Waiver:
No waiver of any term or right in the Agreement shall be effective unless in writing, signed by an authorized representative of the waiving Party. The failure of either Party to enforce any provision of the Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of the Agreement thereafter.
18. Communications; PR:
Client hereby consents to Horizon Bookkeeping sending to it, by any medium, firm newsletters, surveys, press releases, information concerning firm webinars, and any other communication sent to some or all of Horizon Bookkeeping’s clients. Additionally, providing a review of Horizon Bookkeeping on LinkedIn, Google, and/or other public platforms will constitute consent for Horizon Bookkeeping to use Client’s name and testimonial on Horizon Bookkeeping’s website and other marketing channels. Client is not required to provide this consent to receive the Services; therefore, if Client chooses to opt-out of such communications or consents, Client must notify Horizon Bookkeeping, LLC of the same by email to mail@horizon-bookkeeping.com. A reply to Client’s email will constitute receipt of request.
Company information:
Horizon Bookkeeping, LLC
mail@horizon-bookkeeping.com
573.416.2288
©2024 Horizon Bookkeeping, LLC
All rights reserved.