Membership Terms and Subscription
1. Overview:
Welcome to BALANCE BOOK AND TAX LLC (BBT) (BALANCE). This Platform aims to provide you a variety of cloud-based bookkeeping services and products for your business. You are recommended to review the following member terms and conditions (“Membership Terms”) before creating your User Account and using our Services. There may be identical provisions in the legal documents mentioned in the last preceding provision. Such identical provisions are not alternative to each other, but in addition to each other.
You are requested to consult a legal consultant before acting upon any information provided to you through the Services. By creating your User Account, you agree to all provisions of the Membership Terms which constitute a binding legal agreement. If you don’t agree to these Membership Terms, you are requested not to use our Services. If you don’t read and understand the Membership Terms, you will not be excused from any liabilities arising from these Membership Terms.
2. Definitions:
Unless otherwise expressly defined hereunder, all words and expressions with first character in capital used in this Subscription Agreement shall have the same meaning as defined in the Terms of Use, Subscription Agreement, Privacy Policy or any other representation or content on this Website.
“Member” refers to the holder of User Account and User of the Platform.
“Membership” refers to the state of being Member of the Platform.
“Third Party Services” refers to the services, software, program, technique, intellectual property or any other content forming part of our Services owned and controlled by the Third Party Providers.
3. Services and User Account.
You need to create your User Account to obtain access to our Services. Once you have created a User Account, you may use the Services through the Platform in accordance with the options you may have subscribed to under the Subscription Agreement. All activities, uses of the Services and communication on our Platform are tracked under your User Account. You are responsible for all uses, misuses, communications, and activities tracked in connection with your User Account. We reserve the right to terminate your User Account, in addition to availing any other remedy which is available under the law if you are found to be in the material breach of the Membership Terms. You are strongly recommended to maintain a strict confidentiality of the login information of your User Account. In the event of unauthorized access to your User Account, you must notify us as early as possible. We may, but not obligated to, deny such unauthorized access to your User Account.
You may cancel your User Account by contacting us. We may request you to give your feedback upon receiving your cancellation request.
4. Registration Information and User Information.
You agree that BBT may use and process your Registration Information and User Information, including your name/business name, address, contact details, business information or any other information that we may require for the provision of the Services, in accordance with the relevant legislation and our Privacy Policy. You acknowledge that we may allow third party service provider(s) to use and process any part of your Registration Information and User Information for the purpose of the provision of the Services. You are requested to provide us with the correct, accurate and updated information. You may change, update or add any information to your Registration Information by notifying us in the prescribed manner.
You represent that you have all power, authority and ownership in your Registration Information, User Information and User Data to grant the following license. You grant us a world-wide, unlimited, perpetual, irrevocable, royalty-free, non-exclusive, sub-licensable, royalty-free, transferrable license to use, perform, edit, reproduce, configure, display, copy, transmit, print or publish, your Registration, User Data or any comments, suggestion or feedback solely in connection with the provision of the Services and in compliance with the applicable laws. The license granted hereunder shall survive the expiry or termination of the Membership Terms.
5. User Data Retention and Protection:
We retain and use the copies of the documents and information forming part of the User Data only for the purpose of and during the course of the performance of the Services. Once the Services are performed, we no longer need the User Data and dispose of all documents either by returning to the User or deleting the same, as the nature of the documents or information requires. You are solely responsible to maintain the record of the documents for your business record.
We use the User Data on the “need-to-know” basis. The User Data is shared only with our staff member and service provider(s) who are bound by a binding agreement to maintain the confidentiality of the User Data. In addition, we may disclose your User Data to any competent authority when either we reasonably suspect any fraudulent activity or required by a legitimate authority in writing to that effect. We use all technical, organizational and physical measures of industry standards to protect your User Data from any misuse or unauthorized disclosure. Unless otherwise expressly provided, we shall not disclose, transfer, furnish, or make accessible the User Data to any third party.
6. Copyrights and Intellectual Property Rights:
The Services, including, without limitation, the software, Platform, deliverables, information, tools, features, content, trademark, service-mark, logos, source codes, and business secret or modification or updates thereof are protected by the copyrights, proprietary rights, patents, trademarks, service marks of BBT and our third party service provider(s) under Applicable Laws.
We grant you a world-wide, non-exclusive, limited, revocable, non-sublicensable, royalty-free, personal, non-transferrable license to use the Services in the manner contemplated in the User Agreement or any other representation made available on this Website.
Unless otherwise expressly stated hereunder, you shall not sell, lease, transfer, copy, edit, reproduce, transmit, distribute, display, or prepare or make derivative works based our Services without our written approval.
On becoming Member, you acknowledge that you shall, subject to the license granted hereunder, have no right, interest, title, or partnership in or to the trademark, service-mark, logo, or any other distinctive symbols associated with BBT or our Third Party Service Provider(s).These Services may include content, resources, services, platform, website, program or software owned and controlled by the third parties (“Third Party Services”). Subject to the User Agreement, you acknowledge that BBT will not be responsible for any damage, expense, cost, or loss arising from your use of Third Party Services. We strongly recommend you to review the third party user agreement before proceeding to use the Third Party Services.
All Third Party Services are governed by their respective Third Party User Agreement(s). You are requested to read the user agreement of such third party service providers before using their services. We reserve the right to exclude the Third Party Services from our Services in our sole discretion. If the Third Party Services form part of the Premium Services you have currently subscribed to, we may either provide you substitute services for such Third Party Services or approve the refund for the remainder period of the subscription term.
7. Prohibited Activities and Uses:
You must not engage in any Prohibited Activities while using the Services. Following conduct and activities constitute Prohibited Activities when conducted, committed or carried out while using the Services:
Behavior that is, in our sole judgment, unreasonable, troublesome, or shows criminal actions or acts which are generally considered to be indecent, immoral, unethical or contrary to the Applicable Laws or the provisions hereunder.
Impersonation by providing us false name, email, phone number or any contact details or otherwise misrepresentation in connection with any material aspect of your business, identity or payment method;
Attempt to obtain unauthorized access to the systems of BBT or its service provider(s);
Engagement in any activities that violates or encourages breach of these Membership Terms, our policies or any Applicable Laws;
Transmitting, displaying or posting any Prohibited Content;
Infringement of any third party intellectual property rights;
Violation of the scope of the license such as subleasing, sub-licensing, transferring or allowing any third party to use the rights you are granted under these Membership Terms, Terms of Use, and Subscription Agreement without our written approval;
Use the Platform, Services or any feature of the Services or any User Account in a manner that is not contemplated or licensed hereunder;
Violation of any Applicable laws;
Infringements of any copyrights or intellectual property rights owned by or licensed to BBT or our Third Party Service Provider(s). By infringements, we mean acts, including, without limitation, copying or republishing, or making available the Services to any third party, or modifying, obscuring or removing any trademark, logo or any copyright or any notice showing our proprietary rights or creating derivative works based on our Services, accessing our Services to steal or obtain any business secret, or confidential information or to create competitive products/services or doing reverse engineer, disassembling or decompiling source code of any software forming part of the Services (“Infringement of our IP Rights”);
Attempts for soliciting other Members or employees, or staff members or service provider(s);
Use of the Services to set up business competitive to BBT; or
Transfer of your User Account to any third party without our permission.
Failure to comply with the provision of this sub-section shall constitute the material breach of these Membership Terms.
You shall indemnify and hold us harmless from and against any losses, expenses, costs, claims, demands, damages, penalties, awards, or injuries, including reasonable attorney’s fees, arising from the Prohibited Activities engaged by you.
8. Member obligations:
You are obligated to:
Comply with the Applicable laws;
Observe the provisions of the User Agreement;
Not to commit Infringement of our IP Rights;
Use the Platform only to the extent and expressly provided in the User Agreement;
Respect the privacy of other Users;
Timely pay the price for the Premium Services; and
Not to engage in the Prohibited Activities.
9. Breaches, violations and infringements.
If you are found to be in material breach of these Membership Terms, we may, in our sole discretion, suspend or terminate your User Account and deny you to access the Services in addition to availing any other remedy lawfully available to us.
10. Notification and Report to BBT:
You shall notify and report to us in case the following cases:
Any unauthorized access to your User Account;
The Services are being accessed and used without any authority;
Any information relating to any minor is unknowingly collected or received by BBT; or
You have any information about any material violation by any person/entity.
11. Premium Services and Payment:
Part of our Services is for a price. You are required to enter into the Subscription Agreement for such our premium services. The premium services shall be governed by the Subscription Agreement.
12. Entirety of Agreement:
These Membership Terms, along with Terms of Use, Subscription Agreement, Privacy Policy, and our policies and user manuals, form part of the User Agreement, an entire agreement between you and BBT with reference to the Services. We refer these agreements for the convenience of the readers as “User Agreement”. If you breach any part of the User Agreement, your act shall be considered to be a material breach of these Membership Terms.
Except surviving provisions, the Membership Terms shall be effective as long as your User Account is active. You may at any time cancel your User Account; provided that no refunds shall be allowed for any unused Premium Services to which you may have subscribed to under the Subscription Agreement.
13. Governing law and jurisdiction
The Membership Terms are governed by the applicable laws of the State of Florida, USA. All disputes arising from the Membership Terms shall be resolved as provided in the Subscription Agreement.
14. Force Majeure
We will not be liable to you for any non-performance or delay of our contractual obligations by reason of events beyond our reasonable control including, without limitation, war, an act of terrorism, riot, fire, strikes, flood, dispute, compliance with any law or judicial order.
15. Amendments:
We may, in our sole discretion, amend the Services and these Membership Terms and Condition upon giving you at least a 7 days prior notice. Your continued use of the Services subsequent to such amendments shall be considered as your valid consent to the amendments of the Membership Terms. You may cancel your User Account and stop using the Services if you don’t approve of the amendment(s). No amendments under this section shall have retrospective effects.
16. Queries, comments or complaints:
Please send us your queries, comments and complaints through hello@balancebooktax.com We will use our best efforts to respond you within 48 hours in case you send us any complaint or query. The response may consist of an acknowledgement as to your query or complaint if your complaint or query requires further investigation or process before we finally dispose of your query or complaint.
Last updated: 3/31/22