General Terms & Conditions
By using the information, services, and products available through the services of Full Circle Bookkeeping & Accounting Service (FCB&A), you are agreeing to the terms and conditions contained herein, which are subject to change without notice.
FCB&A is a service provider, providing bookkeeping and accounting services for a fee. Additional services and products may also be offered. Clients are not required to utilize the preferred software provided by FCB&A. FCB&A may modify this Agreement at any time. You agree and continue to agree to use the Service of FCB&A in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out below. By using the service, you agree to be legally bound and to abide by the Terms of Service, regardless of other documentation being signed by you. If you do not comply with the Terms of Service, FCB&A may terminate your right to access the service. FCB&A may discontinue or alter any aspect of the Service at our sole discretion and without prior notice or liability. This Agreement shall be construed and controlled by the laws of the United States of America. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the United States of America. FCB&A may amend or modify these Terms and Conditions or impose new conditions at any time upon notice from us to the Client.
Fees, Charges, Commissions and Payment Terms
The fee for service is set out in our agreement with you. If you fail to pay an invoice or sales receipt in accordance with our payment terms, we reserve the right to cease your work immediately and without penalty. Any software subscriptions held with FCB&A will be transferred to the client immediately and the client will be fully responsible for future payments at the retail rate. We also reserve the right to invoice for any outstanding work in progress. We reserve the right to charge interest on all overdue accounts. Interest on overdue accounts is charged at 1.5% per month or in accordance with Minnesota State laws, incurring until paid. In the event of the account being in default and being referred to an external party for collection the customer shall be liable for all resulting costs arising from the recovery, including commission which would be payable if the account is paid in full and legal costs including demand costs. We disclose to our clients any commissions or other fees received because of work done for that client and will fully comply with any statutory requirements in relation to the disclosure of such information.
This engagement may be terminated at any time by either party. In the case of termination, you agree that payment for all services accrued up to and including the date of termination will be paid immediately upon receipt of our invoice.
Before filing any necessary documentation on behalf of the client, draft documentation will be forwarded to you for approval. FCB&A shall endeavor to ensure that documentation is filed with the relevant departments by the due dates, provided all information and documentation is received fourteen (14) working days before the due date to allow us adequate time for preparation and filing of the documentation.
Internal and Accounting Controls
We advise that the responsibility for the maintenance of a business accounting system and internal control systems rests with you (the client), including the protection of and prevention against fraud as well as computer file backup. If any material weakness in the accounting system or internal control systems comes to our notice, we will advise accordingly. It is important to remember that you are personally responsible for the information contained in any statutory return and that you must retain all necessary supporting documentation to substantiate your transaction. We will not take responsibility for any failure on your behalf to maintain adequate records. It will be your responsibility, as the client, to ensure the completeness and accuracy of the records and information supplied and to provide explanations on any item questioned during the engagement. This is necessary to ensure the accuracy of the financial information compiled under this engagement.
Ownership of Work
The financial statements, and any other documents which we are specifically engaged to prepare, together with any other original documents given to us, shall remain your property. Any other documents brought into existence by us including general journals, working papers, the general ledger, and draft financial statements, will remain the property of FCB&A. However, we will always provide you with copies of any documents that you may require from time to time. If our services are terminated, we shall be entitled to retain your source documents and any other information we have in our possession until payment in full of all outstanding fees. It is agreed that all materials furnished to FCB&A are owned by you or you have the permission from the rightful owner to use such materials, and you will hold harmless, protect and defend FCB&A from any claim or action which may arise from the use of such materials.
FCB&A aims to provide the highest standard of professional service and are focused on the concerns of our clients. If for any reason you feel you have not received the level of service expected or have an issue to raise, please contact your consultant to discuss how the problem may be resolved.
We can send, receive, and store files electronically. However, electronic mail is not secure, and any files transmitted may, among other things, be copied, recorded, read, or interfered with by a third party while in transit. If we transmit any file electronically, you agree to release us from any claim you may have as a result of any unauthorized copying, recording, reading or interference with that document after transmission, for any delay or non-delivery of any file and for any damage caused to your system or any files by a transmission. Our services are may be performed onsite or offsite. In the instances where we are required to work at your premises, FCB&A will take all due care and consideration to ensure no loss and/or damage occurs. However, we shall not be held responsible for any loss and/or damage incurred whilst at your premises.
The service may include maintenance of the chart of accounts for the ledgers of your business. Reports provided are not for one off presentations to third parties such as financiers or potential purchasers. Further adjustments to the accounts may be required by us or your taxation advisor prior to such disclosure. You should confirm suitability of such reports with us prior to any disclosure. HYBK strives to provide error-free work. Typographical errors or mistakes which are clearly our fault will be corrected at no charge; client revisions will be charged at our agreed rate; final proofreading is the responsibility of you. HYBK shall not be held responsible for any loss due to errors on our part, missed by you. Whilst HYBK makes every effort to provide accurate and reliable information and services, we reserve the right not to be held responsible for the correctness, completeness or quality of the information and services provided. We assume no responsibility for consequences resulting from the provision of information and services, including, but not limited to, errors or omissions. All information provided is intended solely to provide general guidance on matters of interest for your personal use and you accept full responsibility for its use. It is provided with no guarantee of completeness, accuracy, or timeliness, and without warranty of any kind. Information provided does not constitute legal, accounting, or tax advice.
Appointment as a Contractor
FCB&A is independent from the clients’ company, not an employee. As such, you are not held to the obligations of an employer such as annual leave, payroll tax, etc. However, the following rights are upheld, consistent with an independent contractor status:
• FCB&A has the right to perform services for others during this engagement;
• FCB&A has the sole right to control and direct the means, manner and method by which the services are performed;
• FCB&A has the right to hire assistants, use employees and contractors to provide the services required;
• This engagement does not create a partnership relationship; you, nor we, have the authority to enter into contracts on the other's behalf.
The information contained in this document was prepared for general information purposes only. All images, photographs and graphics are indicatives only. Users of this website and prospective customers should not rely on any of the information herein contained as forming part of an offer, contract or undertaking. All information contained in this website was correct at the time of publication.