Terms of Service

Limitations

Logistis for Designers (“The Company”) will make no attempt to adjust client records to reflect Generally Accepted Accounting Principles (GAAP). The Company will make no audit or other verification of any client data or documents provided. All reports provided by The Company are unaudited and are provided for internal management use only. The Company does not provide legal services of any type. The Company employees are not financial planner of any type. We have not been requested to discover errors, misrepresentations, fraud, illegal acts or theft. Therefore, have not included any procedures designed or intended to discover such acts, and client agrees The Company has no responsibility to do so.

The Company does not and shall not have any check signing authority for the Client. The Company preforms bill-pay through Bill.com or Gusto only with individual specific approvals on Client’s bills. The Company does not have authorization to initiate bill-pay for any bills that have not been specifically approved by the Client. The Company is not responsible for preparing or filing taxes and shall not be held liable for any unpaid or late taxes that are associated with the client.

Upon the request of the Client, The Company may submit time for Clients employees but The Company will not be responsible for payroll distribution, payroll tax preparation, payroll tax payments or verifying employee eligibility. The Company partners with a third party payroll company to prepare and oversee all aspects of payroll processing. The Company shall be relieved of all responsibility and liability for this process by having the Client pay the third party independently of The Company. In the event that The Company becomes aware that the Client is intentionally withholding payment for outstanding payroll taxes, The Company will immediately cease work and will withhold any servicesfees already paid as per our no refund policy.

IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE CLIENT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, DAMAGES FOR LOSS OF PROFITS, INCURRED BY THE OTHER PARTY ARISING OUT OF THE SERVICES PROVIDED UNDER THIS AGREEMENT, EVEN IF SAID PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SAID DAMAGES.

The client will be responsible for sending and generating invoices, sales receipts and handling collections unless specifically designated to The Company.

Client to Provided Material

Client will be solely responsible for suppling The Company all information, materials, data, and documents (i.e. check registers, bank statements, invoices, etc.) necessary to perform the services requested or purchased by the Client. Client acknowledges and agrees that the accuracy of financial information supplied to The Company is the sole responsibility of the Client. The Company shall not be held responsible for the production of inaccurate financial statements, records and billings, or any other financial reports if the financial data submitted by the Client is inaccurate.

Client quarterly financial reports are sent as a part of our usual practice; however, there may be circumstances for which reports are not sent. The Company provides quarterly reports when the they have all information needed to complete the work.

In the event of an audit or examination The Company is not responsible for providing backup to the requesting agency. The Client must be solely responsible for maintaining their own records and backup.

Confidential Information

Never provide The Company employees or associates with any login credentials for online banking where there is direct access to funds. Always ensure the login credentials you provide The Company and associates are for “view only” authorizations with no ability to access monies. The Company shall not be held liable on accounts for which you have provided login information with access to funds.

The Company will not be responsible for identity theft related to individuals. We advise never sending sensitive materials via email.

Expenses

The Client agrees to reimburse any pre-approved out of pocket expenses incurred by the The Company in connection with the Services, including, but not limited to, travel expenses, fees, dues and/or subscriptions, etc.

Commencement of Service

Services will commence upon Client’s checkout submission or a date otherwise agreed upon between the parties, and services will continue on an as needed basis or until either party terminates the agreement.

Hardware and Software Warranties

During the course of services, we may recommend a purchase and installation of computer or technological hardware, software, communications or services by your company. Warranties, to the extent they exist, are provided only by the manufacturer/vendor of those products.

Fees

Most fees are billed on reoccurring auto pay for monthly subscriptions with the payment method the Client provides through the Client portal. Fees shall be billed at the time of purchase and then all fees thereafter will be charged to the clients account every month until subscription is canceled.

“New Client Set-Up Fees” are billed at $75/hr. “New Client Set-Up Fees” are fees related to any work done for periods prior to service start date but still in the current year the service is first initiated. The Company general hourly service rates for anything outside of “New Client Set-Up Fees” or current contracted subscription package (including Client call and meetings) will be billed at $150/hr. If 24hr notice is not provided to cancel a meeting there will be a charge of $150 cancelation fee on the next billing cycle. In the event that a client is audited, and additional work is needed from The Company to support an audit, The Company will bill additional hourly for all related time at the current hourly rate.

We reserve the right to charge all outstanding service fees to the client payment method on file. Any open unpaid fees or unpaid invoices will be added to the next month’s reoccurring subscription. Tax prep services may be billed separately. Any services beyond what is selected for checkout will not be subject to the same pay structure. Billings become delinquent if not paid within 15 days of the invoice date. If billings are past due in excess of 30 days, we will stop all work until your account is brought current, or you withdraw from the Agreement. Late fees and interest may be added to any account not paid within 30 days. The interest rate is 4% of the gross total and late fees are subject to change. Any accounts not paid within 90 days will be sent to collections and additional fees may apply along with a potential adverse effect on your credit rating.

Client may cancel services at any time. If needed, Client may request a hold on services. In the event that the Client requests a hold and then wishes to continue services at a later date, a new setup fees will be assessed and determined based on the duration of time and quantity of corrective entries.

The Company offers the ability for Clients to manage their own subscriptions through a Client portal and Logisits allows the Client to upgrade/ downgrade/cancel services at any time within the portal. Services canceled mid-billing cycle will not receive a refund for the period outstanding. It is company policy that no refunds will be given for any client canceled services. No refunds will be given on services not used in previous months.

Client acknowledges and agrees that we are not required to continue work in the event of failure to pay on a timely basis for services rendered as required by the Agreement letter. Client further acknowledges and agrees that in the event work is stopped due to past due billings in excess of 30 days, The Company shall not be liable for any damages that occur as a result of ceasing to render services.

All disputes under these Terms of Service shall be settled by arbitration before a single arbitrator pursuant to the commercial law rules of the American Arbitration Association. Arbitration may be commenced only after attempts at mediation have failed. Any award rendered by the arbitrator shall be conclusive and binding upon the parties hereto.

This provision for arbitration shall be specifically enforceable by the parties and the decision of the arbitrator in accordance herewith shall be final and binding without right of appeal. All parties shall share the costs of the arbitration proceeding equally. The Company reserves the right to increase service costs and revise this contract at any time if they deem necessary.

Waiver

The waiver by either party of a breach of or a default under any provision of this Agreement shall not be effective unless in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of these Terms of Service, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.

Approvals

We are pleased to have you as a client. By completing the checkout process or by being a client of The Company, you are agreeing to the Terms and Conditions outlined.

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