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This agreement (“Agreement”) made this 02 Mar 2021, between BURGOS & ASSOCIATES INC dba ACR ACCOUNTING & CONSULTING RESOURCES (“The provider of the Services”) and T/A (“The Client) contains the terms and conditions under which bookkeeping services (“Services”) will be provided by the provider of he services to The Client. The words “Company” and “Account” mean The Client. The words “You”, “Your” and “Yours” mean any person or persons from your Company who uses the Services. The words “We”, “Us” and “Our” refer to BURGOS & ASSOCIATES INC dba ACR ACCOUNTING & CONSULTING RESOURCES. Your use of the Services, even over the phone, at our website or by oral/written request, constitutes your accordance to be bound by the terms and conditions of this Service Agreement.
Please read this Agreement carefully.
You may use your account to request services, in a professional and timely manner, for as long as this Agreement is in force, such services are limited to:
2) OPTIONAL SERVICES
You may request, and/or from time to time, we may offer you optional services at discounted prices, which may be billed to your account upon request, except as otherwise provided in this Service Agreement.
3) AVAILABILITY AND ACCUMULATION OF DOCUMENTS
It is the Client’s responsibility to provide in a timely manner, original supporting documents of business income/expense items for processing. These documents include but are not limited to:
4) THE MONTHLY FEE
You promise to pay us in U.S. dollars, a fee of $250.00 TWO HUNDRED FIFTY 00/100 US DOLLARS****** per month, plus any late fees, finance charges, adjustments, payroll fees, document accumulation fees and any other charges due on your account, according to the terms and conditions of this Agreement, starting in the month of FEB-2021. The monthly fee has been based on the answers you provided about your business, such as the estimated amount of annual gross receipts and the estimated average number of income/expense transactions that the Company may have each month. Those transactions may include, but are not limited to:
The Client further agrees that if the Company has no payroll or business activity on any given period, it does not waive The Client’s responsibility of paying the monthly fee described herein, since the business tax return must include the whole year of activity and mandatory monthly, quarterly and annual reports must still be prepared and filed with Federal and State agencies, even to report no activity.
5) NUMBER OF TRANSACTIONS
The Client acknowledges that, if at any point in time, the actual number of business transactions, gross receipts, employees/subcontractors or any other activities described on paragraph 4 of this Agreement, should go significantly higher than those estimated by the Client at the time of signing this agreement, it will cause the monthly fee to be reviewed and adjusted accordingly, The Client will be notified of any fee increase within 30 days or as soon as we become aware of the change in activity. This adjustment is necessary to deal with the cost of keeping up the account and time consumption to process the Clients documentation. It is also understood that if the same items should go lower than those estimated at the time of the signing of this Agreement, it does not guarantee or imply a decrease on the monthly fee assigned, unless otherwise specified or prior negotiation with us. The monthly fee may also be reviewed at least once a year for purposes of comparison to local or nationwide average fees charged by similar providers or to review tasks being performed for The Client that may require additional work that to our discretion may not be feasible (i.e.: Personal transactions being paid out of business account).
6) METHOD OF PAYMENT AND ADMINISTRATIVE FEE
You authorize us to process your payment via direct debit to your business bank account through the Automated Clearing House System also known as ACH, via direct draft, Electronic Funds Transfer (EFT) or any other form of payment available to us, such as a debit/credit card or direct draft conversion of a business check. You agree at all times to have an active bank account of file with us for that purpose. You will be notified each month via e-mail or other electronic means available to us, about the fees due on your account and the payment due date. Electronic payments are free to the client. However, if the Client wishes to have a paper billing statement, it will be subject to an additional $5.00 administrative monthly fee to compensate for postage, paper, envelopes, toner and handling.
7) FINANCE CHARGES, COLLECTION AND OTHER FEES
In the event that The Client’s business bank account does not have enough funds to cover the monthly fee described herein, The Client agrees that an NSF fee of $25.00 may be charged by our processing agent. Shall your account go unpaid for over 60 days, a one-time late fee of $29.00 per month will accrue, plus a minimum of $5.00 as finance charge or the maximum amount permitted by applicable law, whichever is higher. You also agree to pay a fee of $29.00, for any check given to us as a form of payment and returned to us as unpaid, for any reason, by your financial institution. If The Client’s bank account gets closed and no other means of payment or communication is received from The Client, we shall have the right to immediately discontinue providing the services and to transfer the account to an agency for collection. The Client also agrees to be responsible for the direct or indirect costs related to the collection of any unpaid balances on the account, including reasonable attorneys’ fees, collection agency fees, arbitration costs and court costs. If the Client wishes to reinstate service, the balance due must be paid first, including late fees and finance charges. Also, The Client shall be responsible for reimbursement to us for any commissions and/or fees charged by collection agencies or partners used by us to properly service your account.
8) RECORD KEEPING AND STORAGE OF DOCUMENTS
The Client acknowledges that we will keep hard or electronic copies of all documents, tax returns and/or reports prepared for/or on behalf of The Client, for as long as this Agreement is in force. Those records are property of The Client and are available for secure access at our website. These records will be surrendered upon The Client’s written request for termination of this Agreement or made available online at our website for printing or downloading, prior payment of any unpaid balances on the Account. The Client reserves the right to request copies of such records at any time, while this Agreement is in force and for as long as the account is in good standing. Every year we may clean up the Client’s archive and return any documents related to tax periods beyond the 3-year statue of record keeping, imposed by the IRS. It will then be The Client’s responsibility for saving such records and to have them ready for Federal or State authorities, if so required in the event of an audit or investigation.
9) WAIVER OF RESPONSIBILITY
Our sole and exclusive obligation shall be to provide the services described on paragraph 1, in a professional and timely manner, for as long as this Agreement is in force. We will prepare all financial statements, tax returns, quarterly and annual payroll reports, etc. based on the documentation and information provided by The Client, and shall have no other obligation or responsibility with respect to documents or information NOT provided timely by The Client. The Client acknowledges that BURGOS & ASSOCIATES INC dba ACR ACCOUNTING & CONSULTING RESOURCES will only provide professional advice and guidance on different tax matters, payroll requirements, federal and state unemployment regulations and many other responsibilities that most businesses have, and adherence to those rules and regulations is expected from The Client. However, since it is not our responsibility to oversee nor enforce compliance, The Client hereby releases us from any responsibility or liability for The Client’s failure to obey or follow such federal and state regulations. Non-compliance may result in fines, penalties, prosecution or imprisonment. Each officer, employee and independent contractor of your company must take every necessary action, to ensure compliance with these guidelines and to bring any problem areas to our attention. We may decline to enforce any right conferred to us by this Agreement at any time, without waiving or affecting any of our other rights under this Agreement.
10) PENALTIES AND INTEREST REIMBURSEMENT
We will reimburse ONLY penalties and interest imposed by government agencies, resulting from negligence, mistakes, errors or omissions made by us, our employees or representatives. The Client agrees that ALL claims for reimbursement MUST be presented in a timely fashion and MUST be accompanied by a copy of the first notice received from the agency for verification by us. This provision does not cover for penalties due to The Client’s failure to pay tax liabilities on time or when required. Furthermore, The Client acknowledges that the tax liability itself is the Client’s full responsibility, and under no circumstances will be paid by us. This provision does not cover for penalties or interests assessed by federal or state agencies in cases not limited the following:
11) CHANGE OF TERMS AND CONDITIONS
We reserve the right, from time to time, in our judgment, to review, rescind or otherwise change any of the provisions included in this Agreement, by sending you a written notice through the US Postal Service, electronic communication or as required by applicable law. If you do not agree to the change, you must notify us in writing no later than (30) thirty days after the effective date of the change. In which case, your Account will be closed and you must pay us the balance owed at that time, under the existing terms of the unchanged Agreement. Otherwise, you will have agreed to the changes in the notice. Use of your Account after the effective date of the change, will be deemed as acceptance of the new terms, even if the 30 days have not expired.12) FINAL AGREEMENT
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof, and may be modified as outlined on paragraph 11 and deemed accepted by The Client, without requiring new signatures. You agree that this Agreement is the final expression of the Agreement between you and us and may not be contradicted by evidence of any alleged oral agreement.
13) TERMINATION OF AGREEMENT
If for any reason The Client wishes to terminate this Agreement, he/she/they MUST notify us in writing with at least (30) thirty days in advance, no exceptions. Client agrees that extended lack of use of the services described in Paragraph 1, non-payment of your Account or closing the business bank account on file, does not constitute cancellation or termination by The Client, under the terms and conditions of this Agreement. Otherwise, we assume your continued use of our services and payment of your monthly fees will continue to be required and will accrue late fees as described on Paragraph 7 above, until your Account is closed by us or transferred to an agency for collection, whichever comes sooner. You will remain liable for all amounts that you owe us at the time of cancellation. We reserve the right to revoke or limit the usage of your account and to terminate this Agreement at any time without prior notice.
14) GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the state of Maryland and applicable federal law.
IN WITNESS WHEREOF, by signing below, The Client acknowledges that he/she/they have read and understand the terms and conditions contained herein or have been read/explained to him/her/them and agree to such terms. You personally and in your individual capacity, will each be liable for all charges, fees and finance charges on the account. This Service Agreement shall take effect and constitutes a binding contract between the parties only when signed by an authorized representative of BURGOS & ASSOCIATES INC dba ACR ACCOUNTING & CONSULTING RESOURCES and The Client.
Jose A. Burgos, President 03/02/2021
By: ACR Accounting & Consulting Resources
E-Signed On: 03/02/2021 from IP 184.108.40.206
By Checking here, I authorize BURGOS & ASSOCIATES, INC. dba as ACR Accounting & Consulting Resources to debit the bank account of as indicated above for the amount of $250.00 Two Hundred Fifty 00/100 Dollars*** plus any other charges due starting on 02/01/2021. This payment is for Professional Services as described on the Bookkeeping Service Agreement. I understand that this authorization will remain in eﬀect until the schedule end date, or until I cancel it in writing, which ever comes ﬁrst, and I agree to notify ACR Accounting & Consulting Resources in writing of any changes in my account information or termination of this authorization at least 30 days prior to the next billing date.If the above noted payment date falls on a weekend or holiday, I understand that the payment may be executed on the next business day. I understand that because this is an electronic transaction, these funds may be withdrawn from my account each period as soon as the above noted transaction date. In the case of an ACH Transaction being rejected for Non Suﬃcient Funds (NSF) I understand that the business may at its discretion attempt to process the charge again within 30 days, and agree to an additional $29.00 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized recurring payment. I acknowledge that the origination of ACH transactions to my account must comply with the provisions of U.S. law. I certify that I am an authorized user of this bank account, and that I will not dispute the payment with my Bank, so long as the transaction corresponds to the terms indicated in this form.