Terms & Conditions
Overview
This addendum to the engagement letter describes our standard terms and conditions ("Terms and Conditions") related to our provision of services to you. This addendum, along with the accompanying engagement letter, comprises your agreement with us ("Agreement"). If there is any inconsistency between the engagement letter and this Terms and Conditions Addendum, the engagement letter will prevail to the extent of the inconsistency.
For the purposes of this Terms and Conditions Addendum, any reference to "firm," "we," "us," or "our" refers to Desert Soul Sisters Bookkeeping, and any reference to "you" or "your" refers to the party or parties that have engaged us to provide services. References to "Agreement" mean the engagement letter or other written document describing the scope of services, any other attachments incorporated therein, and this Terms and Conditions Addendum.
Billing and Payment Terms
Our firm’s practice requires payment of the fixed fees upon execution of this Agreement and on the first of the month thereafter for the term of the engagement. Autopay option is available and preferred.
We will bill you for any out-of-pocket costs not included in the scope of engagement monthly as incurred. Payment is due upon receipt. If payment is not received by the due date, you will be assessed interest charges of 1% per month on the unpaid balance.
We reserve the right to suspend or terminate our work for non-payment of fees.
Electronic Data Communication and Storage
In the interest of facilitating our services to you, we may send data over the Internet, store electronic data via computer software applications hosted remotely, or utilize cloud-based storage. Your confidential electronic data may be transmitted or stored using these methods. Our firm employs measures designed to maintain data security. We use reasonable efforts to keep such communications and electronic data secure in accordance with applicable laws, regulations, and professional standards.
You acknowledge and accept that we have no control over unauthorized interception or breaches of any communications or electronic data once transmitted, notwithstanding all reasonable security measures employed by us. You consent to our use of these electronic devices and applications during this engagement.
Client Portals
To enhance our services, we utilize Google Drive as a collaborative, virtual workspace. Google Drive allows real-time collaboration and secure document sharing.
You agree that we have no responsibility for the activities of Google Drive and agree to indemnify and hold us harmless with respect to any and all claims arising from or related to the operation of Google Drive. We recommend that you also maintain your own backup files of these records.
If you decide to transmit confidential information in a manner other than a secure portal, you accept responsibility for any unauthorized access to your confidential information. If you request that we transmit confidential information in a manner other than a secure portal, you agree that we are not responsible for any liability, including but not limited to: (a) any loss or damage resulting from our transmission of confidential information in a non-secure manner, and (b) any damages arising from a virus or data breach.
Third-Party Service Providers or Subcontractors
We may use third-party service providers to assist in providing professional services. These providers are required to maintain procedures designed to protect client confidentiality and maintain data security. As the provider of professional services, our firm remains responsible for exercising reasonable care in delivering services, and our work product is subject to our customary quality control procedures.
By accepting this Agreement, you consent to our disclosure of your confidential information to third-party service providers when necessary to deliver professional services.
Independent Contractor
When providing services, we act as an independent contractor, and in no event will we or our employees be officers, partners, joint venturers, or employees of you. Our obligations are solely those of Desert Soul Sisters Bookkeeping, and no individual partner, principal, employee, or agent shall be subjected to personal liability.
Records Management
Record Retention and Ownership
We will return all original records and documents provided to us at the conclusion of the engagement. Your records are primary for your operations and compliance purposes. Our copies are not a substitute for your records and do not relieve your record retention obligations under applicable laws.
Our workpapers and related documents are our property. Copies will not be distributed without your written request and our prior consent. We maintain workpapers in accordance with our record retention policy and applicable legal requirements. Our firm retains workpapers for seven (7) years, after which they may be destroyed.
Requests by Regulators or Legal Authorities
State, federal, or foreign regulators may request access to our workpapers. If requested, we will inform you, and you may take legal action at your expense to attempt to limit disclosure. If you do not take action, we may comply with the request.
If we receive a subpoena requiring us to produce documents or testify, we will inform you and allow you to take legal action to limit disclosure. If you take no action, we may construe your inaction as consent to comply. If we are not a party to the proceeding, you agree to reimburse us for our time and legal expenses incurred in responding.
Newsletters and Similar Communications
We may send newsletters, emails, explanations of technical developments or similar communications to you. These communications are of a general nature and should not be construed as professional advice. We may not send all such communications to you. These communications do not, by themselves, constitute a client relationship with you, nor do they constitute advice or an undertaking on our part to monitor issues for you.
Disclaimer of Legal and Investment Advice
Our services under this Agreement do not constitute legal or investment advice. We recommend retaining legal counsel and investment advisors for such matters.
Referrals
We may provide referrals to attorneys, brokers, or other professionals. However, you are responsible for evaluating and selecting any professional. We are not responsible for their services or work product.
Conflicts of Interest
If we determine that a conflict of interest arises, we may suspend or terminate services to maintain ethical standards.
Mediation
If a dispute arises from this Agreement, the parties agree to attempt mediation before pursuing arbitration or litigation. Mediation will be conducted in Arizona under the American Arbitration Association (AAA) rules.
Indemnification
You agree to indemnify and hold harmless Desert Soul Sisters Bookkeeping from any third-party claims arising from this engagement, except for claims resulting from our gross negligence or intentional misconduct.
Venue and Governing Law
All disputes will be governed by the laws of Arizona, and the courts of Pima County shall have jurisdiction.
Insurance
Desert Soul Sisters Bookkeeping shall maintain professional liability and cyber liability insurance coverage for the term of this engagement and three (3) years thereafter.
Proprietary Information
Our proprietary materials, including templates, reports, and other intellectual property, remain our property. You may use them only for your business needs and may not distribute them without our consent.
Statute of Limitations
Any claim arising from this Agreement must be commenced within one (1) year of the delivery of the work product.
Termination and Withdrawal
We may withdraw from this engagement at any time for reasons including non-payment or ethical concerns. If services are terminated before completion, you agree to compensate us for services performed up to the termination date.
Entire Agreement
This Agreement, including the engagement letter and attachments, constitutes the entire agreement and supersedes all prior agreements. Modifications must be made in writing and signed by both parties.
Privacy Policy
Desert Soul Sisters Bookkeeping ("Company," "we," or "us") respects your privacy and is committed to protecting it through this Privacy Policy.
This Privacy Policy governs your access to and use of www.desertsoulsisters.com including any content, functionality, and services offered on or through desertsoulsisters.com (the "Website"), whether as a guest or a registered user.
When accessing the Website, the Company will learn certain information about you, both automatically and through voluntary actions you may take during your visit. This policy applies to information we collect on the Website and in email, text, or other electronic messages between you and the Website.
Please read the Privacy Policy carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Privacy Policy. If you do not want to agree to the Privacy Policy, you must not access or use the Website.
Children Under The Age Of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website, register on the Website, make purchases, or use any interactive features. If we learn we have collected or received personal information from a child under 13 without parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@desertsoulsisters.com.
Information We Collect About You
Information You Provide To Us
The Website provides various places for users to provide information. We collect information that users provide by filling out forms, communicating via contact forms, responding to surveys, submitting search queries, providing comments, and making purchases. This information is used to deliver requested products/services, improve our offerings, and provide promotions.
Information We Collect Through Automatic Data Collection Technology
We may use technologies such as Google Analytics to collect information about your device, browsing actions, and usage patterns. This includes location data, traffic patterns, IP addresses, browser types, and operating systems. This information is used for statistical analysis and to improve our Website’s functionality.
Use of Cookies And Pixels
We use cookies and server logs to collect information about how our Website is used. This may include pages viewed, time spent on our site, and websites visited before and after our own. Cookies are small text documents that store data on your device. You can set your browser to refuse cookies, but doing so may limit your access to some parts of the Website.
We may also use social media pixels to tailor advertising messages you see while visiting social media websites. These pixels comply with the policies of respective social media platforms.
Third-Party Use Of Cookies
Some content or applications, including advertisements, on the Website are served by third parties such as advertisers, ad networks, and content providers. These third parties may use cookies or other tracking technologies to collect information about your online activities. We do not control these third parties’ tracking technologies. If you have questions about targeted advertisements, contact the provider directly.
Email Information & Policies
If you communicate with us via email, we may retain the content of your messages along with your email address. We do not sell, rent, or lease email lists to third parties. We comply with the CAN-SPAM Act, ensuring all emails clearly state who they are from and provide a way to opt out.
If you opt into our email newsletter, you may unsubscribe at any time by clicking the unsubscribe link in our emails or by contacting us directly.
How And Why We Collect Information
We collect your information to support your engagement with our Website. If you download resources, sign up for newsletters, or purchase services, we track your preferences to provide relevant content. Users can browse most of our Website without providing personal information.
How Do We Use the Information?
We use collected data to:
Present our Website and content to you.
Provide information, products, and services.
Deliver updates on your purchases or subscriptions.
Improve customer service and user experience.
Provide targeted advertisements.
Conduct promotions and offers from third-party partners.
Disclosure Of Your Information
We do not sell, rent, or lease collected information. However, we may disclose personal data to affiliates, service providers, legal authorities (if required), or in case of business restructuring.
How Do We Protect Your Information?
We use commercially reasonable security measures, including SSL encryption and reputable third-party vendors, to protect your information. However, email is not recognized as a secure form of communication, so sensitive information should not be transmitted via email.
Policy Changes
We may update this Privacy Policy periodically. Changes will be posted on this page, and significant updates may be communicated via email. The last update date will be indicated at the bottom of this policy. You are responsible for reviewing this policy regularly.
Visitors’ GDPR Rights
If you are within the European Union, you have rights under the General Data Protection Regulation (GDPR), including:
The right to access, rectify, or erase your data.
The right to restrict processing and object to processing.
The right to data portability.
The right to withdraw consent at any time.
The right to lodge a complaint with a supervisory authority.
To exercise these rights, contact us at support@desertsoulsisters.com.
Contact Us
If you have any questions or concerns regarding this Privacy Policy, you may contact us at:
Desert Soul Sisters Bookkeeping
Email Address: support@desertsoulsisters.com