Understanding Our Terms and Conditions

Effective Date: 3/16/2026

These Terms and Conditions ("Agreement") govern the bookkeeping services provided by DataFloFlex ("Bookkeeper," "we," or "us") to the client ("Client," "you"). By engaging our services or using our website hosted by IONOS, you agree to these terms.

1. Scope of Services

We provide remote bookkeeping services as outlined in your specific engagement letter or service plan. These may include:

• Recording and classifying financial transactions in QuickBooks Online.
• Bank and credit card reconciliations.
• Preparation of monthly financial statements (Balance Sheet, P&L).
• Exclusion: Unless explicitly stated, our services do not include tax preparation, auditing, or forensic accounting.

2. Client Responsibilities

To perform our duties, you agree to:

• Provide timely access to your QuickBooks Online account and relevant financial institutions.
• Ensure all data, receipts, and documentation provided are accurate and complete.
• Maintain your own internal controls and final responsibility for all business decisions.

3. Fees and Payment

• Billing: Services are billed on a [Monthly/Fixed/Hourly] basis.
• QuickBooks Subscription: Unless otherwise agreed, you are responsible for maintaining and paying for your own QuickBooks Online subscription.
• Late Payments: Invoices are due within 7 days. Late payments may result in a 5% late fee penalty. 

4. Software and Hosting

• Third-Party Platforms: You acknowledge that our services rely on Intuit QuickBooks Online for data processing and IONOS for website hosting. We are not liable for service interruptions, data loss, or security breaches caused by these third-party providers.
• Access Security: You are responsible for maintaining the security of your own login credentials.

5. Term and Termination

• Either party may terminate this Agreement with a 30 day written notice.
• Upon termination, we will provide you with a final export of data as required, provided all outstanding invoices are paid in full.

6. Limitation of Liability

• General Limitation: To the maximum extent permitted by law, DataFloFlex shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, tax penalties, or business interruption.
• Financial Accuracy: While we strive for 100% accuracy, our services are dependent on the data provided by the Client. We are not responsible for errors, omissions, or penalties resulting from inaccurate, incomplete, or late information provided by the Client or for the failure of third-party software (e.g., QuickBooks Online).
• Maximum Liability: Our total aggregate liability for any and all claims arising out of this Agreement—whether in contract, tort, or otherwise—is strictly limited to the total fees paid by the Client to DataFloFlex during the three (3) months immediately preceding the event giving rise to the claim.
• Review Period: The Client is responsible for reviewing all financial reports and reconciliations provided. Any discrepancies must be reported to DataFloFlex within 15 days of delivery; otherwise, the reports shall be deemed accepted and accurate.

7. Confidentiality

• We agree to hold all Client information as proprietary and confidential, as further detailed in our [Privacy Policy].

8. Force Majeure

• Excuse of Performance: Neither party is liable for failure or delay in performing obligations (excluding payment) caused by events beyond their reasonable control.
• Force Majeure Events: These include natural disasters (fires, floods), infrastructure failures (internet, power, cyberattacks), major third-party service outages (e.g., Intuit QuickBooks or IONOS), and public emergencies like pandemics or war.
• Notification and Mitigation: The impacted party must notify the other party within 7 business days and make reasonable efforts to mitigate the disruption. 
• Resumption and Termination: Obligations are suspended during the event. If the event lasts longer than 90 days, either party may terminate with written notice.

9. Dispute Resolution

• Informal Resolution: In the event of any controversy, claim, or dispute arising out of or relating to this Agreement, the parties agree to first attempt to resolve the matter through good-faith direct negotiations. Either party may initiate this process by sending a written "Notice of Dispute."
• Mandatory Mediation: If the dispute is not resolved through informal talks within 30 days of the Notice of Dispute, the parties agree to attempt to resolve the matter through formal mediation before a mutually agreed-upon mediator. The costs of the mediator shall be shared equally by both parties.
• Binding Arbitration: If mediation fails to resolve the dispute within 60 days, the matter shall be settled by binding arbitration in Plano, Collin County, Texas. The prevailing party in any such arbitration or subsequent legal action shall be entitled to recover reasonable attorney’s fees and court costs.
• Waiver of Class Action: The Client agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
• Governing Law: This Agreement and any disputes arising from it shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.