BottomLine Consulting, LLC Terms and Conditions effective August 1, 2018

Privacy Policy

No personal data (phone numbers) and consent will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Fees and Payment Terms

Unless otherwise specified, client will be responsible for any out of pocket expenses should they occur. Telephone/email/internet support is billed in 1/4 hour increments with a $20 minimum. Invoices will be delivered via email. Each invoice must be paid in full by fourteen (14) days of receipt or prior the next consulting meeting, whichever comes first. Client shall supply BottomLine Consulting with access to a credit card and/or bank account for payment purposes, if necessary. Client shall authorize BottomLine Consulting to charge your credit card and/or bank account on file automatically if payment is not remitted within forty-five (45) days upon receipt of the invoice.

For project work which may include, but is not limited to, cleanup and past period re-creation, an up-front retainer of $500 is required. We will apply our time worked against that retainer and send invoices monthly via email detailing the amount of the retainer used and how much remains. If the retainer is depleted before work is complete, a new invoice for retainer will be presented and due in full before further work proceeds. If a retainer balance remains at the completion of the project, the balance will be refunded to you within 30 days.

We reserve the right to suspend or terminate our work. If our work is suspended or terminated, you agree that we will not be liable for and hereby disclaim all liability for your failure to meet government and any other deadlines to other parties, for any damages, penalties, liabilities or interest that may be assessed against you resulting from your failure to meet such deadlines, and for any other damages, (including but not limited to consequential, indirect, lost profits, or punitive damages) incurred as a result of the suspension and/or termination of our work.

Hardware and Software Warranties

During the course of the engagement, BottomLine Consulting 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 computer products. BottomLine Consulting makes no representations as to the technical capabilities or functional capabilities of Intuit financial software. BottomLine Consulting will not be held liable for the performance/contracts between Client and any third-party computer or technological hardware, software, or communications. All system capabilities and functionality are documented and related to Intuit Inc.

Term of Agreement

Unless otherwise specified, engagement will continue until a subsequent letter has been issued, your services with us have been revised, or our business relationship has terminated. Services may be terminated within thirty (30) days of written notification to the contact information as specified herein and any outstanding balance is due upon receipt of written notification.

Expectations of Availability

BottomLine Consulting is an independent service-based company. We will respond as soon as possible to email and voicemail requests; however, we do have other client appointments scheduled daily. To ensure proper attention, we suggest setting an appointment to review any training, questions, or further discussions around service needs and with no less than forty-eight (48) hours notice.

Limitations

Our goal is to provide you with the most accurate reporting on your financials based on the information received. We at this time do not offer to audit or verify the data you submit, nor review or audit of your financial information. We will make no attempt to adjust the records to reflect Generally Accepted Accounting Principles (GAAP) nor to reflect proper tax record keeping, nor at any time provide legal services of any type. We have not been requested to discover errors, misrepresentations, fraud, illegal acts, or theft. Therefore, we have not included any procedures designed or intended to discover such acts, and you agree we have no responsibility to do so.

Email Disclosure

In connection with this engagement, we may communicate with you or others via email transmission. As emails can be intercepted and read, disclosed, or otherwise used or communicated by an unintended third party, or may not be delivered to each of the parties to whom they are directed and only to such parties, we cannot guarantee or warrant that emails from us will be properly delivered and read only by the addressee. Therefore, we specifically disclaim and waive any liability or responsibility whatsoever for interception or unintentional disclosure of emails transmitted by us in connection with the performance of this engagement. In that regard, you agree that we shall have no liability for any loss or damage, Monetary or otherwise, to any person or entity resulting from the use of emails transmissions, including any consequential, incidental, direct, indirect, or special damages, such as loss of revenues or anticipated profits, or disclosure or communication of confidential or proprietary information.

Services Outside the Scope of this Letter

You may request that we perform additional services at a future date not contemplated in this engagement letter. If this occurs, we will communicate with you regarding the scope and estimated cost of these additional services. All additional services and agreements shall be incorporated in entirety herein.

Written Notice/Written Receipt

All written notice specified herein shall be sent and received as follows by United Stated Postal Service, First Class:

As to BottomLine:
BottomLine Consulting, Inc.
6851 S. Holly Circle, Suite 160
Centennial, CO 80112

Severability

If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.

Attorneys’ Fees and Costs

The prevailing party disputing this Engagement Letter and Agreement shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement.

Disputes

Any dispute as to this Engagement and the agreements therein shall be submitted in writing as specified above in Written Notice with seven (7) days of notice/realization of said dispute.

Choice of Law

This Engagement Letter and Agreement shall be governed by the laws of the state of Colorado.

Proprietary/Confidential Information Protected

It is understood and agreed to that the Client and/or BottomLine Consulting may provide certain information that is and must be kept confidential. To ensure the protection of such information, and to preserve any confidentiality necessary under patent and/or trade secret laws, it is agreed that

1. The Confidential Information that may be disclosed can be described as and includes:

Invention description(s), technical and business information relating to proprietary ideas and inventions, ideas, patentable ideas, trade secrets, drawings and/or illustrations, patent searches, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.

2. The Client agrees not to disclose the confidential information obtained from BottomLine Consulting to anyone unless required to do so by law.

Other Terms and Conditions

If you hire one of BottomLine Consulting’s employees at any point during our engagement and for a period of 6 months after our engagement is deemed complete, you agree to pay BottomLine Consulting 20% of the employee’s new salary as a finder’s fee before the employee’s first day of work.

We reserve the right to withdraw from this engagement without completing the work if you fail to comply with the terms of this engagement letter or as we determine professional standards require. Written Notice of withdrawal shall be sent as directed as defined herein and all outstanding payments shall be due upon receipt as specified herein.

We appreciate the opportunity to be of service to you. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign this copy and return it to us.