Terms & Conditions

Offer terms

*Discount available for the monthly price of QuickBooks Online (“QBO”) and QuickBooks Online Payroll (“Payroll”) is for the first 3 months of service, starting from the date of enrollment, followed by the then-current monthly price. Your account will automatically be charged on a monthly basis until you cancel. If you add or remove services, your service fees will be adjusted accordingly. Sales tax may be applied where applicable. To be eligible for this offer you must be a new QBO customer and sign up for the monthly plan using the “Buy Now” option. This offer can’t be combined with any other QuickBooks offers. Offer available for a limited time only. To cancel your subscription at any time go to Account & Settings in QBO and select “Cancel.”” Your cancellation will become effective at the end of the monthly billing period. You will not receive a pro-rated refund; your access and subscription benefits will continue for the remainder of the billing period. Offer cannot be combined with any other Intuit offer.

Puerto Rico clients: Payroll available through apps froM QuickBooks USA. Separate contract addendum required

Additional Payroll Offer Terms: Each employee you pay is an additional $4/month for Payroll. Service optimized for up to 50 employees. If you file taxes in more than one state, each additional state is $12/month. The discounts do not apply to additional employees and state tax filing fees.

Availability: QuickBooks Online requires a computer with a supported Internet browser (see System Requirements for a list of supported browsers) and an Internet connection (a high-speed connection is recommended). The QuickBooks Online mobile app works with iPhone, iPad, and Android phones and tablets. Devices sold separately; data plan required. Not all features are available on the mobile apps and mobile browser. QuickBooks Online mobile access is included with your QuickBooks plan.

Cancellation policy: There’s no contract or commitment. You’re free to switch plans or cancel any time.

Puerto Rico: Support available from QuickBooks USA are on when availability in accordance to contract addendums.

Mobile apps: The QuickBooks Online mobile and QuickBooks Self-Employed mobile companion apps work with iPhone, iPad, and Android phones and tablets. Devices sold separately; data plan required. Not all features are available on the mobile apps and mobile browser. QuickBooks Online mobile access is included with your QuickBooks Online subscription at no additional cost. Data access is subject to cellular/internet provider network availability and occasional downtime due to system and server maintenance and events beyond your control. Product registration required.

Usage Limits: QuickBooks Online Advanced includes unlimited Chart of Account entry. Simple Start, Essentials and Plus allow up to 250 accounts. QuickBooks Online Advanced includes unlimited Tracked Classes and Locations. QuickBooks Plus includes up to 40 combined tracked classes and tracked locations. Tracked Classes and Locations are not available in Simple Start and Essentials.

QuickBooks Live Bookkeeping Usage Limits: Some basic bookkeeping and services may not be included as part of the service and will be determined by your QuickBooks Live Bookkeeper. You’ll get help based on the information you provide. QuickBooks Live Bookkeeping is designed to do a basic clean up of your books.

100% Accurate Books Guarantee: If your QuickBooks Live Bookkeeper makes an error that requires you to re-open your books for any month, we will correct the error in your books for the month that the error occurred at no additional charge.

Features

  1. QuickBooks Online Advanced includes one license of Smart Reporting powered by Fathom at no additional charge. Fathom supports up to 3,000 active or inactive accounts in the QuickBooks Online chart of accounts, and up to 20 classes for the importing, reporting, and analysis of QuickBooks data. More information here. Fathom terms and conditions. Fathom privacy policy. Fathom support. Fathom’s retail cost for a single company in the United States is $39 per month, as of 1/23/2019.
  2. QuickBooks Online Advanced supports the upload of 1000 transaction lines for invoices at one time. 20% faster based off of internal tests comparing QuickBooks Online regular invoice workflow with QuickBooks Online Advanced multiple invoice workflow.
  3. Priority Care is a part of the Priority Circle program. Membership in Priority Circle and its benefits are available only to U.S. customers who have an active, paid subscription to one of the following products: QuickBooks Desktop Enterprise, QuickBooks Online Advanced, QuickBooks Full Service Payroll, QuickBooks Online Payroll, and Desktop Assisted Payroll. Eligibility criteria may apply to certain products. When customers no longer have an active, paid subscription, they will not be eligible to receive benefits. Terms, conditions, pricing, service and support options are subject to termination or change without notice.
  4. Customer support hours vary by product. QuickBooks Self Employed users have access to 24/7 live chat and email support. QuickBooks Online users can access phone support 6AM to 6PM Monday-Friday and 6AM-3PM Saturday PT.

Terms, conditions, pricing, special features, and service and support options subject to change without notice.

QUICKBOOKS USA and THE BOSS KEEPER TERMS OF SERVICE FOR QUICKBOOKS ONLINE, QUICKBOOKS ONLINE ACCOUNTANT, QUICKBOOKS

ONLINE SELF EMPLOYED, QUICKBOOKS LIVE, AND PAYROLL SERVICES FOR QUICKBOOKS ONLINE, AND TSHEETS BY QUICKBOOKS IN THE UNITED STATES

Thank you for selecting the Services offered by Intuit Inc. and/or its subsidiaries and affiliates (referred to as “QuickBooks USA”, “The Boss Keeper”, “Intuit”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Intuit. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.

  1. GENERAL TERMS
  2. AGREEMENT

This Agreement describes the terms governing your use of the Intuit online services provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference:

  • Intuit’s Privacy Statement provided to you in the Services available on the website or provided to you otherwise.
  • Additional Terms and Conditions, which may include those from third parties.
  • Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, data processing agreements, etc.

You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:

  • You can form a binding contract with Intuit;
  • You are not a person who is prohibited from receiving the Services under the laws of the United States, or any other applicable jurisdiction; and
  • You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including applicable trade regulations.
  1. YOUR RIGHTS TO USE THE SERVICES
    • The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Intuit. Intuit reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations, data limits, and otherwise comply with this Agreement, Intuit grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
    • You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
      • Provide access to or give any part of the Services to any third party.
      • Reproduce, modify, copy, sell, trade, lease, rent, or resell the Services.
      • Decompile, disassemble, or reverse engineer the Services.
      • Make the Services available on any file-sharing or application hosting service.
    • This Services are not intended for use by the United States federal government or other entities utilizing federal appropriated funds to acquire a license to the Services (collectively “Federal Users”). A license for use by Federal Users is not granted and any such usage is prohibited. In the event any Federal User should purport to acquire a license to the Software, such license is hereby nullified and declared void and no contract between Intuit and a Federal User shall result from such purported acquisition. Intuit reserves the right in its sole discretion: (i) to cancel any Services order placed by a Federal User (either directly from Intuit or from any third party) at any time, including but not limited to, after such Software has been provided to the Federal User at issue, and (ii) to restrict such Federal User’s access or use of the Services.
  2. PAYMENT AND TAXES. For Services offered on a payment or subscription basis, the following terms apply if you are the User paying for the Services, unless Intuit or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
    • Payments will be billed to you in U.S. dollars or other currencies which may be made available (plus any and all applicable taxes), and your account will be debited (including any applicable taxes) when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
    • You must pay with one of the following:
      1. A valid credit card acceptable to Intuit;
      2. A valid debit card acceptable to Intuit;
      3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
      4. By another payment option Intuit provides to you in writing.

(c) If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services. (d) If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

  • Intuit will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription are cancelled or terminated under this Agreement.
  • Additional cancellation or renewal terms may be provided to you on the website for the Services.
  1. USE WITH YOUR MOBILE DEVICE

Mobile access to the Services requires an active subscription, internet access, and may not be available for all mobile devices or telecommunication providers. You will need to check the Services website to ensure your mobile device and telecommunications provider is compatible with the Services. Intuit is not obligated to provide a compatible version of the Services for all mobile devices or telecommunication providers, which are subject to change by Intuit at any time with reasonable notice to you. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

INTUIT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

  • THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE

SERVICES AT ANY TIME OR FROM ANY LOCATION;

  • ANY LOSS, DAMAGE, OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND(iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
  1. YOUR PERSONAL INFORMATION. You can view Intuit’s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Intuit Privacy Statement, and any changes published by Intuit. You agree that Intuit may use and maintain your data according to the Intuit Privacy Statement, as part of the Services. You give Intuit permission to combine identifiable and non-identifiable information you enter or upload to the Services with that of other users of the Services and/or other Intuit services. For example, this means that Intuit may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. Intuit is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
    • California Consumer Privacy Act. For the purposes of the California Consumer Privacy Act (“CCPA”), Intuit shall be considered a Business and/or Third Party, as applicable. Where Intuit acts as a Third Party, you represent, warrant and covenant that all Personal Information provided or otherwise made available to Intuit is done so in compliance with applicable law, and that it has provided all necessary and appropriate notices and opt-outs, and otherwise has all necessary and appropriate rights, to enable Intuit to (i) share any and all Personal Information you provided with any Intuit company, including Intuit Inc. and any parent, subsidiary, affiliate, or related company of Intuit Inc. (collectively, the “Intuit Family Companies”), and (ii) use any such Personal Information in connection with any and all Intuit Family Companies’ internal operations and functions, including, but not limited to, improving such Intuit Family Companies’ products and/or services, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes. Notwithstanding the foregoing, the parties agree that the sharing of Personal Information between Intuit Family Companies does not constitute a “sale” of such Personal Information under the CCPA. Capitalized terms in this paragraph have the meanings given those terms under the

CCPA.

  1. CONTENT AND USE OF THE SERVICES
    • Responsibility for Content and Use of the Services

(a) Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored, or otherwise made available through the Services (“Content”), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant Intuit a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Intuit is not responsible for any of your Content or data that you submit through the Services.

  • Restricted Use of the Services.
    • You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following, including but not limited to:
      • Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
      • Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual to the public;
      • Except as permitted by Intuit in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding; (d) Virus, Trojan horse, worm or other disruptive or harmful software or data; and

(e) Any information, software or Content that you do not own or have the right to use which is not legally yours and without permission from the copyright owner or intellectual property rights owners thereof.

  • You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of Intuit or could subject Intuit to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in Intuit’s opinion, is prohibited under this Agreement; (v) any other activity that places Intuit in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an Intuit system or network or to breach Intuit’s security or authentication measures, whether by passive or intrusive techniques. Intuit reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.

You shall have no right, title or interest in and to the Service or Software, which rights of ownership will always be held by Intuit.

You acknowledge that the Service is not intended for permanent storage and agree not to use the Service for general archiving or back-up purposes. You also agree not to store “critical” data on the Service, including without limitation data pertaining to power generation, military or national security, or any function to sustain or rescue the health or well-being of any person.

  • Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Intuit does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Intuit is not responsible.
  • Intuit may freely use feedback you provide. You agree that Intuit may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Intuit a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Intuit in any way.
  • Intuit may monitor your Content. Intuit may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect Intuit or its customers, or operate the Services properly. Intuit, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
  1. ADDITIONAL TERMS
    • Intuit does not give professional advice. Unless specifically included with the Services, Intuit is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
    • We may tell you about other Intuit services. You may be offered other services, products, or promotions by Intuit (“Other Services”). Additional terms and conditions and fees may apply. With some Other Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Intuit permission to use information about your business and experience to help us to provide the Other Services to you and to enhance the Services. You grant Intuit permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Intuit permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
    • Intuit may be required by law to send Communications to you that may pertain to the Services or third party products and the use of information you may submit to us. Additionally, certain third party services you choose may require Communications with third parties who administer these programs. You agree that we and others who administer such services (as applicable), may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites, such as http://www.intuit.com. You consent to receive these Communications electronically. The term “Communications” means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Services or third party services. We may also send Communications to you using the means listed below.
      1. The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities described below. Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Services.
      2. In order to access and retain an electronic record of Communications, you will need: a computer, a monitor, a connection to an Internet service provider, Internet browser software that supports 128-bit encryption, PDF reader, and an email address. As applicable, by selecting the “I Accept” button, you are confirming to us that you have the means to access, and to print or download, Communications. We do not provide ISP services. You must have your own Internet service provider.
      3. If you later decide that you do not want to receive future Communications electronically, please notify us at 18004INTUIT.

If you withdraw your consent to receive Communications electronically, we may terminate your use of the Services.

  1. You agree to notify us promptly of any change in your email address. You can do so by logging into the Client Company Setting tab here at https://qbo.intuit.com/app/settings. By providing us your telephone number (including a wireless/cellular telephone), you consent to receiving calls from Intuit at that number.
  • You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Intuit if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services.

You agree to receive these updates.

  1. DISCLAIMER OF WARRANTIES
    • YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS

DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY

APPLICABLE LAW, INTUIT, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS,

DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL

PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES.

INTUIT AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM

BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

  • INTUIT, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
  1. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OR THE SERVICES AGREEMENT(S) TO THE CONTRARY. THE

ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT

SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO

SUCH CLAIM. SUBJECT TO APPLICABLE LAW, INTUIT, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF

THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B)

DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS

OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET INTUIT SYSTEMS REQUIREMENTS.

THE ABOVE LIMITATIONS APPLY EVEN IF INTUIT AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold Intuit and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Intuit reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Intuit in the defense of any Claims.

  1. We reserve the right to modify this Agreement, in our sole discretion, at any time. Such modifications may be posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.
  2. Intuit may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable Intuit policy, or if you no longer agree to receive electronic communications, or if your use of the Services conflicts with Intuit’s interests or those of another user of the Services. Upon termination, you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Intuit’s rights to any payments due to it. Intuit may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
  3. EXPORT AND TRADE RESTRICTIONS. You acknowledge that the Services, its related website, online services, and other Intuit Services, including the mobile application, delivered by Intuit are subject to restrictions under applicable U.S. export control laws, including US trade embargoes and sanctions and security requirements, and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
  4. GOVERNING LAW. California state law governs this Agreement without regard to its conflict of laws provisions.
  5. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE

RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

WE EACH AGREE THAT ANY AND

ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS

MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT

AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND INTUIT ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN

A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Intuit Inc., in care of our registered agent Corporation Service Company, 2711 Centerville Road, Wilmington, DE 19808. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA’s rules, but if you are unable to pay any of them, Intuit will pay them for you. In addition, Intuit will reimburse all such fees and costs for claims where the claims, as alleged, total less than $75,000 unless the arbitrator determines the claims are frivolous. Likewise, Intuit will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 14 shall survive expiration, termination or rescission of this Agreement.

  1. GENERAL. This Agreement, including the Additional Terms below and all services agreements, attachments, exhibits, and scheduled annexed thereto, is the entire agreement between you and Intuit regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. Any license of Intuit software or purchase of Intuit services and support are made pursuant solely to the terms and conditions of this Agreement. Notwithstanding the content of any purchase order, sales order, sales confirmation, or any other printed or pre-printed document relating to the subject matter herein, the terms and conditions contained in this Agreement shall take precedence over any contract or other document between you and Intuit, and shall be incorporated by reference into any subsequent purchase order, sales order, or contract, and any conflicting, inconsistent, or additional terms and conditions contained therein shall be null and void.If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer ownership of this Agreement to anyone without written approval of Intuit. However, Intuit may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Intuit or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Intuit via an email to: transfer_license@intuit.com.

September 2019

________________________________________________________________________________________________________________

  1. ADDITIONAL TERMS AND CONDITIONS FOR QUICKBOOKS ONLINE, QUICKBOOKS ONLINE ACCOUNTANT,

QUICKBOOKS SELF EMPLOYED, QUICKBOOKS LIVE, PAYROLL SERVICES FOR QUICKBOOKS ONLINE, AND TSHEETS BY QUICKBOOKS SERVICES

Your use of the following Services provided by Intuit are subject to the General Terms of Service above and these Additional Terms and Conditions. These Additional Terms and Conditions will prevail over any conflict or inconsistency with the General Terms of Service.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions as its authorized representative, in which case the terms “you” or “your” will refer to such entity and its affiliates as well as you. If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register, and use or access the Services as an authorized representative.

  1. Each of the following products and services are referred to in this Agreement as a “Service” and together as the “Services”:
    • QuickBooks Online. QuickBooks Online (“QBO”) is an online solution for businesses to perform accounting and business tasks through an online account (each a “QBO Account”). Each QBO Account may only be used to support one business.
    • QuickBooks Online Accountant. QuickBooks Online Accountant (“QBOA”) is an online solution for accountants, bookkeepers and other individuals or entities that provide accounting and other financial services to their clients. If you register for QBOA, you will be able to create and access new and existing QBO Accounts of your clients. QBOA also provides you with professional tools and access to our QuickBooks ProAdvisor Program, which is subject to separate terms and conditions, incorporated here in.
    • QuickBooks Self-Employed Service. QuickBooks Self-Employed Service (“QBSE”) is an online solution for the selfemployed to manage and categorize their personal and business finances through an online account (each a “QBSE Account”). Each QBSE Account may only be used to support one self-employed individual.
    • QuickBooks Live. The QuickBooks Live Bookkeeping is an online add-on service providing assistance with basic setup and bookkeeping for QBO users.
    • The QuickBooks Online Payroll solution including QuickBooks Online Payroll Core, QuickBooks Online Payroll Premium, QuickBooks Online Payroll Elite and any other pre-existing QuickBooks Online Payroll subscription service, including QuickBooks Online Self-Service Payroll and QuickBooks Full Service Payroll, (the “Payroll Service(s)”) are each an online payroll solution for businesses.
    • TSheets by QuickBooks (“TSheets”) is a mobile app or Internet-based service which permits the processing, retrieval, and transmission of transaction data submitted by you through an online account (“TSheets Account”) pursuant to the terms of this Agreement and the TSheets Data Processing Agreement. Each TSheets Account may only be used to support one business.
    • Modification to Services. We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Services or to the Administrator’s (as defined below) email address. Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately, and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.
    • Types of Users. The Services allow the following types of access and user rights: When you initially register for and create an account for a Service, you are, or a party that you authorize is, the administrator (“Administrator”). Administrators may authorize additional individuals to access the Services through the same account (“Additional Users”). The number of Additional Users may be limited based upon the subscription you purchase. Additional Users may include, for example, your employees, accountant, contractors, agents, and clients. You may be referred to in this Agreement as “you”, “your”, or “User” , or you may be referred to specifically in your applicable role as an Additional User or an Administrator. All Users will be required to accept this Agreement before accessing the Services. With respect to each QBO, QBOA, QBSE, or TSheets Account you access, you agree to these terms as an Administrator or an

Additional User, as applicable. As any User of the Services, unless otherwise explicitly stated in this Agreement, all of these terms apply to you each time you access the Services.

  • For Administrators. As an Administrator, the following applies to you: Only Administrators may designate another individual as a replacement Administrator. You agree that Additional Users are Intuit customers, but that you are responsible for your Additional Users’ access to the Services. Depending on the types of access rights you grant to Additional Users, Additional Users may be able to delete, copy, or view the Content and data accessible in your account and add charges to the subscription. As Administrator, you are responsible for the access to the Services you grant to Additional Users. If you choose to close or terminate your access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service. You agree to provide sufficient notice to Additional Users of your desire to terminate access to the Services before taking such actions. A violation of any terms of this Agreement by an Additional User may result in the termination of an Administrator’s or any Additional User’s access to the Services.
  • For Additional Users. As an Additional User, the following applies to you: When you register to access an account for which you are not an Administrator, you understand that you are accessing the Service as an Additional User and you may not have the same level of access or the same rights as an Administrator. Depending on the types of rights you are granted by the Administrator, you may be able to delete, copy, or view other User’s Content and data. Please make sure that you have an agreement with the Administrator about your role and rights. If an Administrator chooses to close or terminate access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service. As an Additional User, you understand that if you violate this Agreement, your access to our Services may be terminated, and we retain the right to also terminate access for any other Users of the same account.
  1. QBO USAGE LIMITS
    • QBO Limits. QBO may limit usage for some features based upon the subscription you purchased. These features may include, without limitation, Chart of Accounts, Classes and Locations, and Users.
      • Chart of Accounts. QBO may limit the manually added accounts (i.e. not system-generated) permitted in the Chart of Accounts based upon your current plan, across QBO Simple Start, Essentials, and Plus. There is currently no usage limit for Chart of Accounts in QBO Advanced. The Chart of Accounts is used to record all transaction activity for assets, liabilities, equity, income, and expenses.
      • Classes and Locations (Combined). QBO may limit the manually added accounts (i.e. not system-generated) permitted in the Classes and Locations based upon your current plan. These Classes and Locations provide the ability to track income and expenses. Class tracking specifies a different class for each detail line of a transaction. Location tracking allows you to assign a location to an entire transaction. Classes and Locations are not available in QBO Simple Start or Essentials plans. The QBO Plus plan limits manually added Classes and Locations. There is currently no usage limit for Classes and Locations in QBO Advanced.
      • System-generated fields. System-generated entries in the Chart of Accounts and Classes and Locations are created by other QBO related offerings, such as Payroll, TSheets, and associated offerings or when migrating from QuickBooks desktop software to QBO, without any action from you. These system-generated fields currently do not count against QBO usage limits for Chart of Accounts and Classes and Locations.
      • Third Party Applications. Third party generated entries in the Chart of Accounts and Classes and Locations may count against QBO usage limits. However, if you are currently at your usage limit, QBO will not prevent additional third partner generated entries in the Chart of Accounts and Classes and Locations (i.e. the fields above the usage limit will be allowed and created). However, once the Third party generate entries puts you over your usage limit you will not be able to manually add new Chart of Accounts and Classes and Locations until you reduce the number of active fields to below the respective limit for each.
      • Billable users included with each subscription currently are as follows: QBO Simple Start – 1 user; QBO Essentials – 3 users; QBO Plus – 5 users; and QBO Advanced – 25 users. The billable users are subject to change upon reasonable notice. Unbilled users are QBOA users you invite to your QBO company, time tracking users, and reports only users. Currently, unbilled users do not count toward your usage limit.
    • Deactivation/ Cancellation When Exceeding Usage Limits. If at any time you exceed the usage limits for the subscription you purchased, we reserve the right to immediately deactivate or suspend your subscription and terminate access to the Services and to your data without notice. If your account is deactivated, you will not be charged further for your subscription, however, you will not be entitled to any proration of fees or refunds for unused subscriptions. We

reserve the right to maintain your data in a read-only format for purposes of reviewing historical activity, which you may have access to view for up to 12-months after deactivation. This is subject to change without notice.

  • If you choose to downgrade to a QBO plan with a lower usage limit, you will not be able to complete the downgrade until your company file is under the new QBO plan’s usage limits. For example, if you try to downgrade from QBO Advanced to QBO Essentials, and you are over your Chart of Accounts limit on QBO Essentials, you will need to remove some fields from your Chart of Accounts before you can complete the downgrade. When you remove or make fields inactive, QBO will maintain the inactive data in a read-only format for purposes of reviewing historical activity.
  • Reactivating Subscriptions. If you cancel your QBO subscription or are deactivated due to nonpayment or because you have exceeded the usage limits for the subscription, you may choose to reactivate your QBO subscription. If you choose to reactivate your QBO subscription you will be required to reduce the Chart of Accounts, Classes and Locations, and/or Billable Users to within the plan’s usage limits in order to reactivate the QBO subscription. When you remove or make fields inactive, QBO will maintain the inactive data in a read-only format for purposes of reviewing historical activity.
    • Payment for Services. The Services are licensed on a monthly or yearly subscription basis to the User that pays for the Service. As the Administrator, you may choose whether you or another User pays for the license. Please review all of the details of the subscription that you purchase; some subscriptions provide access to one Service and others provide access to more than one Service.
    • Subscription Cancellation. The Administrator may notify us if he or she wants to cancel the subscription prior the beginning of the new subscription period. In the event that Intuit is unable to charge a User’s chosen payment method in accordance with this Agreement, we may terminate this Agreement and access to the Services immediately, without notice. If you stop using the Services, Intuit has fulfilled your subscription term. Fees for the Services are not eligible for any proration of unused subscriptions or refunds, even if access to the Services is cancelled or terminated. After your access to the Services is terminated, you may no longer have access to any of the data or Content in the Services. We suggest you retain your own copies of any data or Content that you may need as Intuit is not responsible for providing you with access to your Content or the Services after any cancellation or termination of this Agreement.
  1. TRIAL VERSIONS AND BETA FEATURES.
    • Trial Version. You may be offered a trial version of the Services provided by Intuit and/or its affiliates or trial versions for products or services through independent parties. If you registered for a trial use of the Services or any third party trial services (“Trial Period”), you must decide to purchase a license to the Services within the Trial Period in order to retain access to any Content or data provided or created during the Trial Period. If you do not purchase a license to the Services by the end of the Trial Period, your content will no longer be available to you, and you will be solely responsible for compliance of your tax payment and filing obligations, as applicable to you. To be very clear, after using the Services during the Trial Period, if you decide not to purchase the Services, you will not be able to access or retrieve any of the data or Content you added to or created with the Services during the trial and we will not be responsible for any tax payments and filing obligations.
    • Beta Features. From time to time, Intuit may, at its sole discretion, include new or updated beta features in the Services (“Beta Features”). Beta Features may have associated fees, which will be disclosed to you at the time you choose to use the Beta Features. We understand that your use of any Beta Feature is voluntary. You understand that once you use a Beta Feature, you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the prior non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Feature is at your sole risk.
    • QBO Personal Data. If you are providing data to us that is not personal to you, you agree that you have either provided the owner of such personal data notice or received permission from the owner of such personal data, as required by applicable law, for us to: (a) use or disclose the data in accordance with our Privacy Policy, (b) move the data outside of the country of residence of such owner of the personal data, if applicable, (c) provide the data to Third Party Products that you approve, and (d) otherwise use and disclose the data in accordance with this Agreement. You acknowledge and agree that Intuit may provide data in your account to any Additional Users to which that data is applicable or personal to.

 

  • TSHEETS Personal Data. You represent and warrant to Intuit that:
    • You will provide appropriate notice and have obtained (or will obtain) all consents and rights necessary for us to

Process the Personal Information in accordance with this Agreement and the TSheets Data Processing Agreement and TSheets Data Privacy Statement;

  • If you are providing Personal Information to us that is not personal to you, you agree that you have either provided the Data Subject notice or received permission from the Data Subject and have the appropriate legal basis, as required by applicable law, for us to:
    • use, and/or disclose personal information in accordance with the TSheets Data Processing Agreement;
    • move the data outside of the country of residence of such owner of the personal data, if applicable, pursuant to the TSheets Data Processing Agreement and the TSheets Data Privacy Statement;
    • provide the Personal Information to Third Party Products that you approve; and
    • otherwise use and disclose the Personal Information in accordance with this Agreement and the TSheets Data Processing Agreement.

(c) If there is any discrepancy between this Agreement and the TSheets Data Processing Agreement with respect the collection, use, and/or disclosure of Customer Data (as defined in the Data Processing Agreement), the TSheets Data Processing Agreement will control.

  • Public Content. As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data (“Account Content”) with other Users, other Intuit customers, and other third parties. When sharing any Account Content, you agree not to share any confidential information. If you have the option of accessing another User’s Account Content, you understand and agree that the Account Content is being provided by the User, and not Intuit, for information and guidance purposes only, and Intuit and such User are not responsible in any way for your use the Account Content.
  • Telephone numbers. You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that Intuit may use your telephone number for “multi-factor authentication” (“MFA”), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve Intuit sending text messages containing security codes to your telephone number. You agree to receive these texts from Intuit containing security codes as part of the MFA process. In addition, you agree that Intuit may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services. Additionally, Intuit may use your telephone number to contact you about special offers or other Intuit or third party products or services unless you opt out of such marketing. For the

Product Support and Mobile App Download Programs, Message and Data rates may apply. For help send HELP to 67126 for the Product Support Program; send HELP to 57710 for the QuickBooks Online Mobile App Download Program or 83477 for the QuickBooks Self-Employed Mobile App Download Program. For support contact us at 1-800-488-7330. Supported carriers include AT&T, Verizon Wireless, T-Mobile®, Metro PCS, Sprint, Boost, Virgin Mobile, U.S. Cellular®, and others. Mobile carriers are not liable for delayed or undelivered messages. With MFA, you also agree and consent to us obtaining and using information from your mobile phone service provider, solely for the purposes of verifying your identity and to compare information you have provided to Intuit (such information may include from your mobile phone service provider account record: your name, address, email, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other mobile phone subscriber details).

  1. OTHER PRODUCTS AND SERVICES.
    • Third Party Products. By using these Services, you agree that we may market to you or offer you access to products or services from third parties (“Third Party Products”). If you decide to use or access any Third Party Products, you agree that you are solely responsible for your relationship with the provider of the product. Intuit is not affiliated with Third Party Products and does not endorse or recommend any Third Party Products. You agree that the providers of the Third Party Products, and not Intuit, are solely responsible for their own actions or inactions. Intuit is not liable for any damages, claims or liabilities arising out of or related to any Third Party Products. You agree that you will (a) review and comply with all Third Party Product terms and conditions, and (b) not use the Third Party Product in any manner that would infringe or violate the rights of Intuit or any other party or in furtherance of criminal, fraudulent or other unlawful activity.
    • Data Transfer Service.
      • We may provide you with the opportunity to transfer your data and Content from the Services to certain supported online Third Party Products or other online Intuit services (the “Ancillary Services”) that you sign up for or use in connection with the Services (the “Data Transfer Service”). You may need to be an active subscriber of the Third Party Product or Ancillary Services to use the Data Transfer Service. In order to access a Third Party Product or an Ancillary Service on your behalf to provide the Data Transfer Service, you may need to provide us with your account number, password, security questions and answers, and any other necessary log in information from time to time (“Login Details”). We will maintain your Login Details in encrypted form, and will only use them in connection with the Data

Transfer Service or otherwise at your direction. You hereby represent that you have the authority to provide the Login Details to Intuit and you expressly appoint Intuit as your, or the third party who owns the Login Details’, agent with limited power of attorney to access any Third Party Products or Ancillary Services on your behalf. With respect to each Data Transfer Service, you grant Intuit the right to transfer data to the Third Party Product or Ancillary Service, and to reformat and manipulate the data as reasonably necessary for the data to function with such product or service. After the transfer occurs, the original data and Content will remain in the Services unless we disclose to you otherwise.

  • You agree that you will (a) review and comply with all Third Party Product or Ancillary Service terms and conditions before you access the Data Transfer Service, and (b) not use the Data Transfer Service in any manner that would infringe or violate the rights of Intuit or any other party, or in furtherance of criminal, fraudulent or other unlawful activity. Depending on the Third Party Product or Ancillary Service you choose, you further agree and acknowledge that your data, including your financial or personal information, may be transferred through the Data Transfer Service to another country where security and privacy controls may not be adequate for data protection. We do not guarantee that you will be able to use the Data Transfer Service with any specific products or services. You will only have access to the Data Transfer Services during the period for which you have paid for a subscription. Third Party Products may make changes to their websites, with or without notice to us, that may prevent or delay the overall performance of the Data Transfer Service.
  • Sales Tax Determination and Electronic Filing.

(a) The sales and use tax services offered as a part of QBO shall include the following

  • The setting of tax codes in QBO which shall be the sales tax rates of tax agencies that govern the locations of (i) your company; and (ii) of your customers, based upon your QBO settings (“Tax Locations”);
  • The setting of tax rates for the different types of items and services that you sell in the Tax Locations, based upon your QBO settings (“Tax Rates”). Tax Rates might include, at our discretion, either (i) flag of taxable or nontaxable; or (ii) actual rates of different tax and product categories based upon your QBO settings;
  • Updating Tax Locations and Tax Rates as might be required from time to time, such as when tax rates are changed by a tax agency, or when creating a new customer in a new tax location;
  • Applying the correct Tax Rate and Tax Location to your QBO sales transactions, based upon your QBO settings.

(“SUT Services”).

  • Accuracy & Completeness of Information. SUT Services are based upon information you shall provide, assuming that such information is complete and accurate. You confirm and acknowledge that Intuit does not verify the accuracy, correctness and completeness of information you provide. You confirm and acknowledge that Intuit will not be responsible for any fines or penalties that may be levied as a result of information provided to Intuit which may be inaccurate, incomplete or otherwise untimely.
  • Electronic Filing and Payment of Sales Tax. Through the SUT Services, the amount of sales tax owned shall be calculated based on the Tax Rate, Tax Location and other settings you have selected. You may also pay the sales taxes electronically, and your request will be transmitted to the applicable federal and/or state taxing authority (“Electronic Filing”). You are responsible for verifying the status of your sales tax payment, to confirm that your sales tax payment has been received and accepted by the applicable taxing authority, and if necessary, for filing and paying it outside the SUT Services in the event that the taxing authority rejects your payment (e.g., incorrect bank account number, invalid pin, duplicate payment). You agree to save a copy of your confirmation of payment that Intuit provides to you for your records. By using the SUT Services to prepare and submit your sales taxes, you consent to the disclosure to the applicable tax or revenue authority of all information pertaining to your use of the Electronic Filing. Intuit does not represent that the Electronic Filing will be available at any given time. By using Electronic Filing, you acknowledge that it may not be available and able to transmit data to the taxing authority at all times, and that Intuit is not responsible for any late payments or related penalties charged by a taxing authority.

By using the Electronic Filing Service, you understand and agree that your account will be charged in the amounts owed for the sales tax calculated. In any event where sufficient funds were not unconditionally cleared into Intuit accounts when due, Intuit may immediately do any or all of the following: (i) notify you that it will not be able to file the sales taxes due, (ii) terminate your use of the SUT Services, or (iii) notify the state or other taxing agencies of the discontinuance of the SUT Services hereunder.

  • SUT Services Restrictions and Responsibility for Electronic Filings. You are responsible for payment of all fees and amounts: (a) due for each Electronic Filing, or (b) payable to any tax agency on your behalf, including those arising from or related to Additional Client Users subscriptions. You may have the option of causing an Additional Client User to be liable for any fees and amounts payable, if you: (x) give the Additional Client User access to the SUT Services, and (y) require the Additional Client User to sign into the SUT Services, create a username and password, and agree to this Agreement. Intuit will have no responsibility for requesting that any Additional Client User sign into the SUT Services or agree to this Agreement. You acknowledge and agree that if an Additional Client User does not accept this Agreement or if Intuit is not able to collect amounts from an Additional Client User for any reason, you, as the service provider are responsible for paying Intuit all amounts owed by the Additional Client User. We reserve all rights, including termination of this Agreement for you or any/all Additional Client Users, discontinuation of the SUT Services, in whole or in part in our sole discretion, and avail ourselves of any other available remedy. This Section will, to the extent applicable, survive the termination of this Agreement.
  • Tax Agency Accounts. If any tax agency’s registration process requires an online account to use the SUT Services, we may, with your consent, create an account for you and provide you with that account information. If you have already created an account, you agree to provide us that information or other requested information to facilitate registration or onboarding. If, at any time, we create an account for you or access your existing account using your account information, you must change your login name and password credentials. Intuit will not be responsible for use of or access to your account immediately after we provide you notice of our account set up or access.
  • ACH Credit/Debit Authorization.
    • You acknowledge and agree that: (a) most Electronic Filings will go through the Automated Clearing House (the “ACH”), (b) all Electronic Filings are governed by ACH rules, and (c) your ACH transactions will comply with U.S. law. You can learn more about the ACH at www.nacha.org. You warrant to us everything that we must warrant as an ACH Originator, and you agree to hold harmless, indemnify, and defend Intuit and the bank in connection with all of your ACH transactions, including attorneys’ fees.
    • By using the SUT Service, you authorize us to initiate electronic withdrawals from your bank account to fund the Electronic Payments, as applicable, although under certain circumstances we may use wire drawdown requests or other funding methods (“Debits”). Debits will also be initiated to pay fees for SUT Services, special processing, any sales, use or other taxes payable on SUT Services, and for adjustments to these various amounts.
    • You authorize and direct the institution that holds the demand deposit account used in conjunction with the SUT Services (“Your Account”) to: (a) charge each Electronic Filing and/or Debit to your account and pay that amount to us, and (b) respond to our inquiries regarding your account. You agree that your account is a demand deposit account located in the United States, and that all Electronic Filings will be to accounts located in the United States. (iv) Prior to processing any Electronic Filing, we may verify your account information. The verification process may include sending you texts, voice calls, or automated/pre-recorded voice calls. If you provided your mobile phone number to us, you agree we may send such communications to that number. You agree that as part of the verification process we may: (i) verify your account information by debiting between $0.01 and $1.00 from your account, then crediting the same amount back to your account, and requesting you to verify the amount debited and credited, and/or (ii) verify your account using your login credentials to your financial institution and we may also ask you questions pertaining to your bank balance and/ or recent credit/ debit transactions. You agree to input your login credentials through an online portal provided by Intuit as part of this verification process. Failure to successfully verify the micro debits and/or credits and/or log in to your bank or financial institution within the time specified by Intuit will result in the inability to process Electronic Filings. Intuit will only use this verification process to screen for fraud and will not otherwise debit your account, except for your use of the SUT Services. You hereby grant Intuit a limited power of attorney to initiate the actions in this section as part of the bank verification process. (v) You authorize us to: (a) initiate transactions with your account to collect Electronic Payments and/or pay any fees related to the SUT Services, (b) reinitiate, or initiate a new Debit to your bank account if any Debit is returned for insufficient funds or uncollected funds, (c) credit your account when necessary, at our sole discretion, for any refund or credit amount due to you, and/or (d) to send SUT Service payments electronically or by any other commercially accepted method, to the appropriate financial institution(s) or taxing authority. If Intuit tells you that an account number or other information concerning your Electronic Filings has changed, you must use this corrected information in the future to initiate Electronic Filings.
    • We may: (a) establish security limits on Electronic Filings, such as a maximum number or dollar amount, (b) change security limits from time to time without disclosing such changes, and (c) refuse to process your Electronic Filings if we reasonably believe your account balance is insufficient to cover the amounts due or for any other reason we deem reasonable.
    • This ACH authorization will remain in full force and effect until we receive your written notification of termination in such time and manner as to afford Intuit and the depository financial institution that holds your account a reasonable opportunity to act on your termination notice.
    • If any amount payable by you is dishonored or returned for any reason, such as, but not limited to, nonsufficient funds, account closed, inability to locate account, or reversal by you and/or your bank, Intuit may: a) reverse any corresponding credit issued to Intuit, you, your employees or any other party without liability to you or any other party, (b) reverse Electronic Filings, (c) refuse to perform further Electronic Filings, (d) apply any money currently held by Intuit to any amount owed to Intuit by you, (e) initiate another debit in substitution for the dishonored debit until the debit is honored and to initiate separate debits to cover any NSF fee or dishonored payment fees, (f) charge you a one-time insufficient funds penalty fee for each occurrence, (g) report this information to any and all credit agencies and/or financial institutions, and/or (h) immediately terminate the SUT Service. Intuit may assess and collect interest at the rate of one and one-half percent (1.5%) per month (18% per annum) on any amounts owing and unpaid ten (10) days after demand (or the highest amount permitted by law, if lower). If further collection attempts are required, all collections costs will be charged to you, including but not limited to any costs associated with termination of this Agreement, and attorney fees, where permitted by law. (g) Electronic Signatures. As part of the Electronic Filings, we may require you to provide your electronic signature to certain forms or documents required by Intuit or state/federal tax agencies. Required forms vary depending on your subscription, business, and/or location. Such forms will be made available to you if required. Your signature on these forms may be required to use the SUT Services. By using the SUT Services, you acknowledge that you have read the content of the forms, and hereby authorize us to apply your electronic signature or a rendition of your signature to all required forms. Copies of signed forms will be provided to you. Your signature will be effective as of your acceptance of these terms authorizing application of your signature to all specified form(s). If you revoke your permission for us to use your electronic signature, the SUT Services will terminate.
  • Credit Review. Periodically Intuit may review your use of the SUT Services, your credit status, credit or similar reports on your business and its principals, or other factors, including submitting your information to third parties such as your bank, credit reporting agencies and/or other agencies to validate your identity and/or credit history. Intuit may terminate your use of the SUT Services after such a review.
  • Default or Bankruptcy. If you: (i) default in the payment of any sum of money hereunder, (ii) default in the performance of any other obligations under this Agreement, or (iii) commit an act of Bankruptcy or become the subject of any proceeding under the Bankruptcy Act or become insolvent, or if any substantial portion of your property becomes subject to levy, seizure, assignment, application for sale for or by any creditor or governmental agency, then, in any such event, Intuit, at its option, may, upon written notice thereof, (a) terminate the Agreement, (b) declare all amounts due become immediately due and payable, and/or (c) require you to deposit with Intuit an amount equal to the 12-month average monthly or annual processing charges to prepay for any future processing.
  • No Liability. Intuit will not be liable for any penalty, interest, or other liability that results from inaccurate or incomplete information you supply. In the event that Intuit becomes aware of any tax agency information that is inaccurate, Intuit reserves the right to input the correct information without prior notice to you. Intuit will not be liable in any way if the SUT Services cannot be performed completely or accurately because of anything not reasonably within our control, including problems with the Internet or inaccurate or incomplete information you provide to us. If any Intuit error occurs in performing the SUT Services, our only responsibility will be to make the correct payment or file the correct report and pay any resulting tax interest or penalty. In no event will we be liable for any indirect, special or consequential damages. If these remedies fail of their essential purpose, Intuit’s maximum liability will equal the fees you have paid to Intuit for the applicable Service subscription.
  • YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SUT SERVICES TO ACHIEVE

YOUR INTENDED PURPOSES, FOR THE PROPER USE OF THE SUT SERVICES AND FOR VERIFYING RESULTS

FROM USE OF THE SUT SERVICES. INTUIT AND ITS SUPPLIERS DISCLAIM ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SUT SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SUT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

  • Limited Power of Attorney. You hereby grant Intuit a limited power of attorney to initiate any reasonably necessary actions on your behalf in order to provide you with the SUT Services.
  • Data Receipt Service.
    • We may provide you with the opportunity to transfer certain data from a Third Party Product or an Ancillary Service to these Services (the “Data Receipt Service”). You may need to be an active subscriber of the Third Party Product or Ancillary Services to use the Data Receipt Service. In order to access a Third Party Product or an Ancillary Service on your behalf, you may need to provide us with your Login Details. We will maintain your Login Details in encrypted form, and will only use them in connection with the Data Receipt Service or otherwise at your direction. You hereby represent that you have the authority to provide the Login Details to Intuit and you expressly appoint Intuit as your, or the third party who owns the Login Details’, agent with limited power of attorney to access any Third Party Products or Ancillary Services and retrieve data on your behalf. With respect to each Data Receipt Service, you grant Intuit the right to transfer data to the Services, and to reformat and manipulate your data as reasonably necessary for the data to function with the Services. After the transfer occurs, your original data and Content may not remain in the Third Party Product or the Ancillary Services; please review the terms of those products and services to confirm.
    • You agree that you will (i) review and comply with all Third Party Product and Ancillary Service terms and conditions before you access the Data Receipt Services, and (ii) not use the Data Receipt Services in any manner that would infringe or violate the rights of Intuit or any other party, or in furtherance of criminal, fraudulent or other unlawful activity. In the event that any Third Party Product charges for access to data, you agree that you are responsible for any fees due and owing. You agree that the providers of the Third Party Products, and not Intuit, are solely responsible for their own actions or inactions. Intuit is not liable for any damages, claims or liabilities arising out of or related to any Third Party Products.
    • We do not guarantee that you will be able to use the Data Receipt Service with any specific products or services. You will only have access to the Data Receipt Services during the period for which you have paid for a subscription. Third Party Products may make changes to their websites, with or without notice to us, that may prevent or delay aggregation of data or the overall performance of the Data Receipt Service. Your most recent data from a Third Party Product or Ancillary Service may not always be available in the Services. Any data obtained through the Data Receipt Service will be made available in the Services, and will be subject to the terms and conditions of this Agreement, including our Privacy Policy.
  • Third Party Code. The Services use PDF Tron technology (“Third Party Code”), which is subject to the following additional license terms. You agree that you (a) will use the Third Party Code only as an integral component of the Services; (b) will not use the Third Party Code for development, compilation, debugging and similar design-time purposes; (c) will not reverse-compile or decompile, analyze, reverse-engineer, reverse-assemble or disassemble, unlock or otherwise attempt to discover the source code or underlying algorithms of the Third Party Code or attempt to do any of the foregoing in relation to the object code of the Third Party Code; and (iv) will not modify, adapt, translate or create any derivative works of the Third Party Code or merge the Third Party Code into any other software.
  • Service Providers. We may use third parties in the operation of our Services or to perform any of our obligations in this Agreement (each a “Service Provider”). In order for our Service Providers to be able to provide you with certain aspects of the Services, we may share a limited amount of your data or Content with such Service Provider. Our agreements with Service Providers outline the appropriate use and handling of this information and prohibit the Service Provider from using any of your information for purposes unrelated to the Services.
  1. COMMUNICATION SERVICES. We may provide you with the opportunity to communicate with other Users within the Services, or with other third parties through the Services (“Communication Services”). You may choose whether or not you would like to use the Communication Services. You agree that you have received permission to communicate with any third parties who are not Users through the Communication Services, and that such third parties have agreed to Intuit’s use and disclosure of data available in the Communication Services in accordance with this Agreement. Users who you communicate with may have access in the future to the data provided through the Communication Services, and you may not have the ability to restrict that access. Intuit’s systems may extract certain data (e.g., numbers, names, or attachments) from the Communication Services and provide it to you in other parts of the Services
  2. QUICKBOOKS LIVE SERVICES. Subscription services offering online QuickBooks Live bookkeeping services for businesses (the “QuickBooks Live Services”). With QuickBooks Live, Intuit will provide you with virtual access to a team of QuickBooks Live

Bookkeepers (“Live Bookkeeper”). Internet access is required to use the QuickBooks Live Services. If you elect to enroll with QuickBooks Live Services, the following terms apply.

  • The QuickBooks Live Services include but are not limited to an overview of the main features of QBO, setup of customers and vendors, assistance with reports and reporting tools, on-going assistance of best practices and bookkeeping services and tips. These QuickBooks Live Services are only available to QBO users.
    • Setup Support. The Live Bookkeeper may limit the scope of bookkeeping advice, may limit the scope of your particular setup, and/or may require you to follow up after the session with certain tasks to complete your setup. The Live Bookkeeper may note and address inconsistencies in your books to match prior year tax filings. The Live Bookkeeper will not make any assurances or review of prior year bookkeeping accuracies or preparation.
    • Bookkeeping Support. The scope of the bookkeeping services may be limited and some services may not be included as a part of the QuickBooks Live Services, both of which shall be determined by the Live Bookkeeper. If desired services are out of scope of services offered, you may request a refund. The assistance provided to you by the Live Bookkeeper will be based on the information you provide. Some of the bookkeeping services include but are not limited to set up chart of accounts, connect banks, expense type classification, categorization and reconciliation, and import historical data. (c) Service Levels. Service levels and availability will vary based on demand and capacity and are subject to change without notice.
  • General Terms.
    • Pricing and Scope. You understand and agree that you must purchase a separate QuickBooks Live subscription to access the QuickBooks Live Services. Intuit reserves the right to limit the number of sessions and the length of each session between you and the Live Bookkeeper. Please review all of the details of the QuickBooks Live subscription that you purchase; each subscription type is distinct and will provide support to businesses based on their complexity.
    • You understand and agree:
      • Intuit may use a variety of methods (e.g., in-product, widgets, Internet, remote access, online community, chat, e-mail, video, and phone) to provide technical support and customer service in connection with the QuickBooks Live Services.
      • You may be required to provide various contact information, mobile phone number, email address, etc. based on the means we communicate with you. Standard message rates from your provider apply.
      • You may be required to provide information about the preferred accounting method. Where you don’t have a predetermined method of accounting you permit Intuit or the Live Bookkeeper to determine the appropriate accounting method.
      • Intuit may use third party technology to establish a screen share connection to provide the Services. (v) The Live Bookkeeper may use QBOA and/or the Intuit Expert Platform to establish a persistent connection to remotely access, view, and edit your QBO company file for the QuickBooks Live Services. You will have the ability to cancel the persistent connection following the instructions in the product and below.
      • You are required to schedule an appointment for each session. Intuit reserves the right to cancel a session at its sole discretion.
      • You may cancel your live session at any time and may reschedule, however, Intuit may not be able to accommodate multiple rescheduling.
    • Cancellation. To cancel the QuickBooks Live Services and terminate the persistent connection between QBOA and your QBO, go to ‘Account and Settings’ and ‘Billing and Subscription’ and cancel your subscription. Intuit reserves the right to cancel the QuickBooks Live services at any time, at its sole discretion. When you cancel, all future monthly subscription charges will be discontinued. You may cancel at any time. Your cancellation will become effective at the end of the monthly billing period. You will not receive a prorated refund; your access and subscription benefits will continue for the remainder of the billing period.
    • You understand and agree that if you provide incorrect or incomplete information, the advice provided to you may not be accurate. You further understand and agree that the Live Bookkeeper is not able to verify any or all the information you provide, and that if you provide incorrect or incomplete information, the advice provided to you may not be accurate. (e) Intuit will not be liable for any penalty, interest or other liability that results from inaccurate, or incomplete, or outdated information you supply. Intuit will not be liable in any way if the Live Services cannot be performed completely or accurately because of anything not reasonably within our control, including inaccurate or incomplete information you provide to us. If any Intuit error occurs in performing the Live Services, our only responsibility will be to correct the error in QBO for the month the error occurred.

(f) You consent to the session being recorded (including screen visuals) for internal training and agent assessment purposes.

  • Accurate Books Guarantee: If your QuickBooks Live Bookkeeper makes an error that requires you to re-open your books for any month, we will correct the error in your books for the month that the error occurred at no additional charge.
  1. PAYROLL SERVICES. Subscription services offering online payroll solutions for businesses (the “Payroll Services”). If you elect to enroll with any Payroll Services, the following additional terms apply.
      • These terms apply to all Payroll Service users, including Additional Client Users as described below.
      • Additional Client User. You may use Payroll Services for your own business or for the benefit of your clients as

Additional Users (each an “Additional Client User”). If you are using Payroll Services as the agent of your Additional

Client Users, you warrant that you have obtained all necessary and proper rights and authorizations from your client to: (i) act as their agent in authorizing and using Payroll Services on your client’s behalf, and accept all liability arising from using Payroll Services as your client’s agent; and (ii) allow Intuit to provide the Payroll Service.

  • General Terms.

(a) Subscription Payroll Services, Restrictions, and Responsibility for Payment.

  • You must purchase a separate Payroll Service subscription for your own business and each Additional Client User you support. Please review all of the details of the Payroll Service subscription that you purchase; each subscription type is distinct and will provide access to different features.
  • When you enroll in a Payroll Service subscription and pay the applicable fees, Intuit grants you a limited nonexclusive license to use the Payroll Service subscription in the United States. Your use of Payroll Services: (a) is governed by the latest version of the terms and conditions for Payroll Services, and (b) constitutes your acceptance of those terms and conditions. You acknowledge and agree that Intuit cannot represent you in tax matters or, except as authorized by section 7.3, file and pay taxes on your behalf.
  • You are responsible for payment of all fees and amounts: (a) due for each Payroll Service subscription, or (b) payable to any 3rd party on your behalf as agreed by a Payroll Service subscription, including those arising from or related to Additional Client Users subscriptions. You may have the option of causing an Additional Client User to be liable for any fees and amounts payable, if you: (x) give the Additional Client User access to the Payroll Service, and (y) require the Additional Client User to sign into the Payroll Service subscription, create a username and password, and agree to this Agreement. Intuit will have no responsibility for requesting that any Additional Client User sign into the Service or agree to this Agreement. You acknowledge and agree that if an Additional Client User does not accept this Agreement or if Intuit is not able to collect amounts from an Additional Client User for any reason, you, as the service provider are responsible for paying Intuit all amounts owed by the Additional Client User. We reserve all rights, including termination of this Agreement for you or any/all Additional Client Users, discontinuation of Payroll Services, in whole or in part in our sole discretion, and avail ourselves of any other available remedy. This Section will, to the extent applicable, survive the termination of this Agreement. (b) Government Accounts and Use of Payroll Services. If any government agency’s registration process requires an online account to use Payroll Services, we may, with your consent, create an account for you and provide you with that account information. If you have already created an account, you agree to provide us that information or other requested information to facilitate registration or onboarding. If, at any time, we create an account for you or access your existing account using your account information, you must change your login name and password credentials. Intuit will not be responsible for use of or access to your account immediately after we provide you notice of our account set up or access.
  • ACH Credit/Debit Services.
    • Most transactions that are processed by, or otherwise sent to, Intuit (“Transactions”) will go through the

Automated Clearing House (the “ACH”) and you agree that your Transactions will be governed by NACHA Operating Rules (the “ACH Rules”). You can learn more about ACH at www.nacha.org. You hereby accept any liability that you and/or Intuit may incur which is caused by your Transactions. If Intuit tells you that an account number or other information concerning your Transactions has changed, you must use this corrected information in the future to initiate transactions.

  • By using the Payroll Service, you authorize Intuit to initiate electronic withdrawals from your bank account to fund your paycheck direct deposits and/or payroll tax payments (“Payroll Service Payments”), although under certain circumstances Intuit may use wire drawdown requests or other funding methods (“Debits”). Debits will also be initiated to pay fees for Payroll Services, for special processing and for adjustments to these various amounts. (iii) Debits and Payroll Service Payments are generally called “Transactions” in the Services Agreement. You authorize Intuit to send Transactions, electronically or by any other commercially accepted method, to the appropriate financial institution or taxing authority. You also authorize and direct the institution which holds your demand deposit account identified when you sign up, or any other account you identify when using the Services in the future (“Your Account”) to charge each Debit to Your Account and pay that amount to Intuit.
  • You are solely responsible for ensuring that, up to five (5) business banking days prior to a scheduled Payment date, you have and will continue to have sufficient funds in your bank account to fund your Payroll Service Payments. Otherwise, there may be additional charges or your payroll may not be processed. Debits will be charged to Your Account on the check date, unless it is on a nonbanking date, at which point debits will be charged to Your Account on the first banking date prior to the check date. After that, no interest or earnings will accrue to you on the referenced funds. Intuit will hold the funds until the Payroll Service Payments are made.
  • You authorize Intuit to initiate a Debit to your bank account to collect Payroll Service Payments and/or pay the Intuit Services fees. You further authorize Intuit to reinitiate, or initiate a new Debit to your bank account if any Debit is returned for insufficient funds or uncollected funds. We may establish certain security limits on Transactions, Payroll Service Payments we will process, such as a maximum number or dollar amount of Transactions. We may change these limits from time to time and may choose not to disclose them. We may refuse to process your Payroll Service Payments if we reasonably believe Your Account balance is insufficient to cover the amounts due or for any other reason we deem reasonable.
  • You must indemnify and defend us against any claims or lawsuits, including attorneys’ fees that arise from or result from your Payroll Service Payments. You authorize and direct the depository financial institution that holds

Your Account and/or your Client Company’s accounts to (x) charge each Debit to Your Account and/or to your Client Company’s accounts and pay that amount to us, and (y) respond to inquiries from us regarding your information and Your Account and/or to your Client Company’s accounts. This authorization will remain in full force and effect until we have received written notification from you of its termination in such time and in such manner as to afford us and the depository financial institution that holds Your Account and/or your Client Company’s accounts a reasonable opportunity to act on it.

  • Bank Verification. Prior to processing any Payroll Service Payment, we may verify Your Account information. The verification process may include sending you texts, voice calls, or automated/pre-recorded voice calls. If you provided your mobile phone number to us, you agree we may send such communications to that number. You agree that as part of the verification process we may: (i) verify Your Account information by debiting between $0.01 and $1.00 from Your Account, then crediting the same amount back to Your Account, and requesting you to verify the amount debited and credited, and/or (ii) verify Your Account using your login credentials to your financial institution and we may also ask you questions pertaining to your bank balance and/ or recent credit/ debit transactions. You agree to input your login credentials through an online portal provided by Intuit as part of this verification process. Failure to successfully verify the micro debits and/or credits and/or log in to your bank or financial institution within the time specified by Intuit will result in the inability to process Payroll Service Payments. Intuit will only use this verification process to screen for fraud and will not otherwise debit Your Account, except for your use of Payroll Services. You hereby grant Intuit a limited power of attorney to initiate the actions in this Section as part of the bank verification process.
  • If a Debit is returned unpaid for any reason, you agree to pay the amount of the Debit immediately upon demand by Intuit, plus interest at the lesser of 18% annually, or the maximum rate allowed by law, plus attorney’s fees and other costs of collecting the Debit amount as allowed by law. In addition, Intuit may cease processing any further Payroll Service Payments for which we have not received good funds. If we are holding funds for you, we may apply such funds to any amount that you owe us. Intuit may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution. You agree to indemnify and hold harmless the bank and Intuit in connection with all ACH transactions associated with this authorization. You also authorize Intuit to credit Your Account when necessary, at our sole discretion, for any refund or credit amount due to you.
  • You authorize us to: (a) initiate transactions with Your Account to collect Payroll Service Payments, as defined below, and/or pay any fees related to Payroll Services, (b) reinitiate, or initiate a new Debit to your bank account if any Debit is returned for insufficient funds or uncollected funds, (c) credit Your Account when necessary, at our sole discretion, for any refund or credit amount due to you, and/or (d) to send Payroll Service Payments, electronically or by any other commercially accepted method, to the appropriate financial institution(s) or taxing authority. If Intuit tells you that an account number or other information concerning your Payroll Service Payments has changed, you must use this corrected information in the future to initiate Payroll Service Payments.
  • This ACH authorization will remain in full force and effect until we receive your written notification of termination in such time and manner as to afford Intuit and the depository financial institution that holds Your Account a reasonable opportunity to act on your termination notice.
  • If any amount payable by you is dishonored or returned for any reason, such as, but not limited to, nonsufficient funds, account closed, inability to locate account, or reversal by you and/or your bank, Intuit may: (a) reverse any corresponding credit issued to Intuit, you, your employees or any other party without liability to you or any other party, (b) reverse Direct Deposits, (c) refuse to perform further Payroll Services, (d) apply any money currently held by Intuit to any amount owed to Intuit by you, (e) initiate another debit in substitution for the dishonored debit until the debit is honored and to initiate separate debits to cover any NSF fee or dishonored payment fees, (f) charge you a one-time insufficient funds penalty fee for each occurrence, (g) report this information to any and all credit agencies and/or financial institutions, and/or (h) immediately terminate this Agreement. Intuit may assess and collect interest at the rate of one and one-half percent (1.5%) per month (18% per annum) on any amounts owing and unpaid ten (10) days after demand. If further collection attempts are required, all collections costs will be charged to you, including but not limited to any costs associated with termination of this Agreement, and attorney fees, where permitted by law.
  • Electronic Signatures. As part of the Services, we may require you to provide your electronic signature to certain forms or documents required by Intuit, state or federal agencies. All forms will be made available to you, including IRS form 8655 Reporting Agent Authorization which is also included as a link here: irs.gov/form8655. The actual forms that you will need to sign will vary depending on your business and location. By using the Services, you acknowledge that you have read the content of the forms, and you hereby authorize Intuit to apply your electronic signature or a rendition of your signature to all required forms. Your signature is effective as of your acceptance to apply your signature to all specified form(s). If you no longer permit us to use your electronic signature, the Service will terminate. We cannot represent you in tax matters or file and pay taxes on your behalf. Your signature on these forms is a requirement to use the Services.
  • Credit Review. You agree that Intuit may request, obtain and use credit reports and other information about you and/or your Client Company from third-party sources. Periodically Intuit may review your and/or your Client Company’s use of Services, your credit status, credit or similar reports on your business and its principals, or other factors, periodically, including submitting your and/or your Client Company’s information to third parties such as banks, credit reporting agencies and/or other agencies used to validate your identity and/or credit history and/or reviewing credit or similar reports on your and/or your Client Company’s business and its principals provided by these third parties. Intuit may terminate your use of any Services after such a review.
  • If you: (i) default in the payment of any sum of money hereunder, (ii) default in the performance of any other obligations under this Agreement, or (iii) commit an act of Bankruptcy or become the subject of any proceeding under the Bankruptcy Act or become insolvent, or if any substantial portion of your property becomes subject to levy, seizure, assignment, application for sale for or by any creditor or governmental agency, then, in any such event, Intuit, at its option, may, upon written notice thereof, (a) terminate the Agreement, (b) declare all amounts due become immediately due and payable, and/or (c) require you to deposit with Intuit an amount equal to the 12 month average monthly or annual processing charges to prepay for any future processing.
  • Notwithstanding Section 10.14, Intuit will not be liable for any penalty, interest or other liability that results from inaccurate or incomplete information you supply. In the event that Intuit becomes aware of any tax agency information that is inaccurate, Intuit reserves the right to input the correct information. Intuit will not be liable in any way if Payroll Services cannot be performed completely or accurately because of anything not reasonably within our control, including problems with the Internet or inaccurate or incomplete information you provide to us. If any Intuit error occurs in performing Payroll Services, our only responsibility will be to make the correct payment or file the correct report and pay any resulting tax interest or penalty. In no event will we be liable for any indirect, special or consequential damages. If these remedies fail of their essential purpose, Intuit’s maximum liability will equal the fees you have paid to Intuit for the applicable Service subscription.
  • YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE PAYROLL SERVICE TO ACHIEVE

YOUR INTENDED PURPOSES, FOR THE PROPER INSTALLATION AND USE OF THE PAYROLL SERVICE AND

FOR VERIFYING RESULTS FROM USE OF THE PAYROLL SERVICE. INTUIT AND ITS SUPPLIERS DISCLAIM ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE PAYROLL SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PAYROLL SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

10.3. Electronic Filing and Payment of Payroll Tax Service. In order to access the electronic filing and payment of payroll tax service, you must have a current subscription to a Payroll Service subscription offering electronic filing and payment of payroll taxes.

  • If you choose to file and/or pay your payroll taxes electronically, your payroll tax and payment information will be forwarded to Intuit’s Electronic Filing Center where Intuit will convert the information to a standardized format and transmit it to the applicable federal and/or state taxing authority (“Payroll Tax Transaction”). You are responsible for verifying the status of your Payroll Tax Transaction including receipt and acceptance by the applicable taxing authority, and if necessary, for filing and paying your payroll taxes manually in the event the taxing authority rejects your Payroll Tax Transaction for any reason. By using Payroll Services, you consent to the disclosure of all information pertaining to your

Payroll Tax Transaction to the IRS or any other tax/revenue authority. Using the system to prepare and submit your Payroll Tax Transaction to state taxing authorities is subject to availability.

  • You agree to print and save a copy of your Payroll Tax Transaction for your records. Except to the extent required by law, Intuit has no obligation to store, maintain or provide to you any information you provide to Intuit.
  • You authorize Intuit and its agents (if applicable) to: (i) send Payroll Tax Transactions, electronically or by any other commercially accepted method, to the appropriate financial institution or taxing authority, and (ii) enroll you with the appropriate taxing authorities for the purposes of e-filing and e-payment at our discretion. This authorization remains in effect until you notify Intuit that this authorization is revoked.

10.4. Direct Deposit. In order to access the Direct Deposit service, you must have a current subscription to a Payroll Service subscription offering Direct Deposit services. Direct Deposit is defined as deposit of money by you into a payroll payee’s bank account.

  • Direct Deposit services will begin after Intuit receives and processes any information we request as part of your enrollment, including any credit or banking information. The information you provide must be accurate and complete, to begin performing Payroll Services for you.
  • Use and Restrictions.

(i) You or your Client Company, as appropriate, may send us requests to process and send direct deposit payments (“Direct Deposit”) to your employees or contractors for their work during an applicable work period (“Payroll Payments”) or you may request electronic payment of payroll taxes. When you request Payroll Payments you will receive confirmation when the request is received. However, we do not verify your payroll information including but not limited to time entries, pay rates, or employee banking details, and a confirmation does not mean that your submission of Payroll Payments was error-free. If errors are detected later, we may be unable to complete the submission of your Payroll Payments. We will make reasonable efforts to tell you if we cannot complete your Payroll Payments. Payroll Payments taking place after certain processing deadlines may be considered to occur on the next business day. Special processing fees may apply to some Payroll Payments, and optional special processing requests may be available as part of the Direct Deposit service for an additional charge. (ii) Intuit reserves the right to delay or decline processing Direct Deposit transactions (i) that significantly differ, in our sole opinion, from typical Payment activity or volume of Payment transactions, (ii) for which sufficient funds are not available in the Payment account, (iii) that are otherwise in violation of these Terms or any Services Agreement (s) or the ACH rules (referenced below), or (iv) that, in our sole opinion, may pose a risk of loss to us.

  • You represent and warrant to Intuit that you will comply with all ACH Rules as the same may be amended from time to time. Without limiting the generality of the foregoing, you agree, represent, and warrant that (a) you have received authorization from each person or entity to allow you to make Payroll Service Payments to them and to make any necessary adjustments to their account, as appropriate, (b) at the time any Payment is made you have no actual knowledge that the authorization has been revoked or terminated, (c) your Payroll Service Payments comply with the laws that apply to them, (d) that you have authorization to make withdrawals to Your Account, (e) that all the information you provided to enter into the Agreement is true and correct, (f) that Intuit shall have the right to audit your compliance with these Terms, any Services Agreement(s), and the ACH Rules, and that Intuit may terminate these Terms or any Services Agreement(s) for noncompliance with the same. You warrant everything that we must warrant as an ACH Originator, and you accept any liability you or we may incur which is caused by your payment transactions. In case of any reversing entry for a paycheck Direct Deposit, you will tell the affected person before the entry is sent. You are responsible for maintaining employee authorizations, record retention, and any additional ACH Rules.
  • The Direct Deposit Services will begin after we receive and process all the information, including any credit card or bank account information, requested by the sign up form. Processing your and your Client Company’s information may include validating information such as a PIN, submitting sign up information to third parties such as a bank, credit reporting agencies and/or other agencies we may use to validate the identity and/or credit history of the individual making payment. We may also receive and review credit or similar reports on your business and its principals and on your Client Company provided by such third parties. Therefore, the information you provide to us must be accurate and complete or direct deposits may not be made, and we will be unable to perform the Direct Deposit Services for you or your Client Company.
  • You may use Direct Deposit only for payroll direct deposits. You may fund your paychecks to your employees and contractors, and to your Client Company’s employees and contractors, as authorized by these Terms or any Services Agreement(s) by initiating electronic withdrawals within the Services from Your Account or from the demand deposit account you or your Client Company identified for your client’s Direct Deposit Services. You and/ or your Client Company may identify other financial institutions in the future to fund the Direct Deposit Payments to your employees and contractors. Under certain circumstances we may use Debits to fund your and/or your Client Company’s payroll direct deposits. Debits may also be initiated to pay servicing fees, e.g. NSF’s and reversals.

When you send Payroll Service Payments over the Internet you will receive confirmation that the Payroll Service Payments were sent. However, a confirmation does not mean that your submission of Payroll Service Payments was error-free. If errors are detected later, we may be unable to complete the submission of your Payroll Service Payments. We will make reasonable efforts to tell you if we cannot complete your Payroll Service Payments. Payroll Service Payments taking place after certain processing deadlines may be considered to occur on the next business day.

  • Direct Deposit service does not include: (a) furnishing paychecks or notice of deductions or direct deposit to employees, or (b) processing of non-tax-related withholdings, including but not limited to: wage garnishments, retirement account contributions, or insurance premiums.
  • For certain jurisdictions, the Service may not: (a) include processing of local taxes or taxes not deducted as part of payroll, or (b) be available to employers with employees in certain states.
  • There may be restrictions on the number of employees for whom payroll can be processed.
  • User Responsibilities. Debits will be charged to Your Account up to five (5) business banking days before the pay date of the applicable payroll and you must have sufficient funds in Your Account to fulfill your Payroll Payments on that date. After that, no interest or earnings will accrue to you and Intuit will hold the money until the Payroll Payments are made. Once your Payroll Payments are complete and submitted you may cancel them until we send them to the ACH network. You are responsible for verifying that all Payroll Payments have been received and are accurate. You must keep any payroll, tax or other records you need for reference, even though we may have information about the Payroll Payments in our files.
  • Same Day Direct Deposit You must send Intuit a request for a Payroll Payment before 7AM PST for same day direct deposit. Payroll processed before 7AM PST shall arrive the same business day (excluding weekends and holidays).

Requires setup of direct deposit and bank verification. Same-Day direct deposit may be subject to eligibility criteria.

Deposit delays may vary because of third party delays, risk reviews, or issues beyond Intuit’s control.

  • Representations and Warranties. You represent and warrant to Intuit that: (i) you have received authorization from each person or entity to allow you to make Payroll Payments and/or any necessary adjustments to their account, as appropriate, (ii) at the time any Payroll Payment is made you have no knowledge that the authorization has been revoked or terminated, and (iii) your Payroll Payments comply with applicable laws. In case of any reversing entry for a paycheck direct deposit, you will tell the affected person before the entry is sent. You are responsible for maintaining employee authorizations, record retention, and any additional rules specified by the ACH.
    • Auto Payroll. Automatic payroll is available if setup for employees and the company are complete, all employees are salaried employees, all employees are set up on direct deposit, bank verification, e-services is enabled, all employees are located in the same state and the company is not a multi-state company, and the account has not been on hold in the last 6 months. Your account must have sufficient funds in your account to fulfill your Payroll Payments on the specified date.
    • QuickBooks Workforce. If you are a current customer of the Payroll Services, you may choose to provide your employees with access to an online employee website called QuickBooks Workforce. Your employees may be able to provide you their information, including information relating to their W-4’s and payroll payment preferences (i.e. direct deposit, paycheck). Additionally, you may have the option to furnish your employee(s) with their W-2 in an electronic format in lieu of a paper format through the QuickBooks Workforce services. If you elect to furnish electronic W-2s, you must notify your employee(s) of the option to receive electronic W-2s in a manner that allows the employee(s) to link to an electronic consent that demonstrates that the employee(s) can access the W-2s electronically. You must also consent (electronically) to these terms pertaining to the Payroll Services. You may choose to terminate your participation (and your employee(s)) at any time. If you choose to furnish electronic W-2s and your employee(s) choose to participate in the Services, the following also applies:
  • Change in Hardware. You must provide notice to your employee(s) prior to changing any hardware or software needed to access W-2s through Workforce. The notice must: (i) describe the revised hardware and/or software required to access W-2s, (ii) inform your employee(s) that a new consent to receive W-2s in the revised electronic format will be provided, and (iii) be agreed to by the employee in order to continue electronic delivery/receipt of W-2s.
  • Change in Preference. In the event your employee(s) change their preference to receive W-2s from electronic to paper format, you must provide email or paper confirmation regarding the employee(s) changed preference. This notice must include the date by which the employee(s) will begin receiving paper format again.
  • Change Due to Termination/to Contact Information. You must send email or paper notification to your employee(s) of: (i) the termination of your use of Workforce for any employee(s) whose employment has been terminated, and (ii) any changes to your contact information by which the employee(s) could contact you about their W-2.
  • Notice that W-2 is Available/Modified. You must notify your employee(s): (i) when the electronic W-2 is available, and (ii) within 30-days of any corrected/modified W-2s. Notices regarding corrected/modified W-2s should include advice to the employee(s) to use Payroll Services website to access, print, and retain the corrected/modified W-2 form.
    • W-2 Transfer Option. When you sign up for the Services, you may have the option of sending W-2 information to TurboTax® software or services for the benefit of your employees, as long as you are an active subscriber. This means that W-2 data will be transmitted via an encrypted, secure connection to the TurboTax® servers for automatic download into TurboTax® if your employees elect to use the tax filing software or services and choose to import their W-2 data automatically. You will have the option of turning off this functionality through the Services. If you turn the functionality off, your employees will not have the ability to download their W-2 data electronically into TurboTax® software or services.
    • Payroll Tax Payment Services. Intuit Payroll Services, LLC in cooperation with Paycycle provides a Payroll Service Payments service through QuickBooks Online Payroll, availability depending on your Payroll Services subscription, including related tax filings and preparation of W-2s. You may only use the Payroll Services for Payroll Service Payments and related tax filings, and W-2s, as applicable to your Payroll Services subscription.
    • QuickBooks Online Payroll Setup Services. In order to access onboarding services, you must have a current subscription to QuickBooks Online Full Service Payroll (“FSP”) or QuickBooks Online Payroll Elite (“Elite”).

(a) Setup Information. To enable you to more rapidly begin utilizing FSP or Elite you agree to provide Intuit with all information necessary to enable Intuit to establish your FSP or Elite subscription (collectively “Setup Payroll Services”). (b) Intuit will suggest the most accurate and rapid method for completing your Setup Payroll Services from the following options:

  • Providing Intuit (by email, fax or other electronic means as instructed by Intuit) with true, correct, and complete business information (including but not limited to, payroll, EIN, tax and employee information), and any other payroll setup information, completed forms, or other data necessary for the Setup Service;
  • Participating in calls with your existing payroll service provider and an Intuit representative to obtain necessary Setup Information;
  • Providing uninterrupted access to your QuickBooks or non-Intuit financial management software data files, either via upload to Intuit’s FTP site in accordance with Intuit’s instructions or via remote desktop connection access; and
  • Responding to Intuit communications and requests for information, and reviewing information provided or prepared by Intuit promptly and reasonably in advance of and during the Setup Service process, notifying Intuit of any errors.
  • Representations, Grant of Rights to Intuit. You hereby represent and warrant that you: (a) are the legal owner of the Setup Information, (b) you are responsible for obtaining the proper documentation (including Power of Attorney, Form 8655 Reporting Agent Authorization, and/or Third Party Administrator) to authorize Intuit as your reporting agent and to enable Intuit to enroll you in e-services, (c) have the necessary rights to grant us the authorizations to act on behalf of you or your business, (d) hereby authorize government agencies to disclose your confidential information to us, (e) agree to provide true and accurate information and to review your registration information prior to registering with the government, (f) as the business owner, remain solely liable for compliance with applicable laws and regulations regarding your business, and (g) are responsible for ensuring that the grant of these rights is permissible under the terms of any applicable agreements.
  • Taxpayer ID Numbers. You agree and acknowledge that Intuit will not be able to complete Setup Service for any tax jurisdiction until you have applied for and received an agency account ID(s) as part of enrollment with the appropriate payroll taxing authority in the applicable jurisdiction(s) (“Account ID(s)”).
  • Information Verification. Intuit will reasonably ensure the accuracy of information received, but cannot ensure that the source files used, information provided by other service providers or company personnel are accurate. Accordingly, Intuit may require you to verify the accuracy of all the information before commencing use of FSP or Elite.
  • Completion of Setup Payroll Services. After you have verified your information, Intuit will assist you in the steps necessary to commence use of FSP or Elite. At that time the Setup Payroll Services will be complete.
  • No Obligation to Provide Payroll Services. Intuit reserves the right to refuse to provide Setup Service to you and, in such instances, will refund any fees you paid to Intuit for Setup Service.
    • Workers’ Compensation Pay-As-You-Go Service. You may be offered Workers’ Compensation Pay-As-You-Go service provided by third parties such as an insurance carrier or its service provider. To determine your eligibility for third party service plans, Intuit may share a limited amount of your information, such as FEIN, with participating third parties, if you agree. The third parties’ use of your information will be solely in connection with the Pay-As-You-Go service or workers’ compensation insurance. No employee or payroll information will be shared with the third party, until you provide us or the third party your authorization to share your data. Additional fees and terms may apply to the third party service.
    • Health Benefits Service. You may be offered Health Benefits service provided by third parties such as an insurance carrier or its service provider. To determine your eligibility for third party service plans, Intuit may share a limited amount of your information, such as FEIN, with participating third parties, if you agree. The third parties’ use of your information will be solely in connection with the Health Benefits service or health insurance. No employee or payroll information will be shared with the third party, until you provide us or the third party your authorization to share your data. Additional fees and terms may apply to the third party service.
    • 401(k) Service. You may be offered 401(k) and related plan services provided by third parties. To determine your eligibility for third party service plans, Intuit may share a limited amount of your information, such as FEIN, with participating third parties, if you agree. The third parties’ use of your information will be solely in connection with the 401 (k) or related service. No employee or payroll information will be shared with the third party, until you provide us or the third party your authorization to share your data. Additional fees and terms may apply to the third party service.
    • Limited Power of Attorney. You hereby grant Intuit a limited power of attorney to initiate any reasonably necessary actions on your behalf, as described in this Section 8, in order to provide you with the Electronic Filing and Payment of Payroll Taxes, Direct Deposit, ACH Debit services, and the Payroll Services, as applicable.
    • HR Services offered within Payroll Services. If you elect to enroll in any of the subscription services within Payroll Services that offer access to the HR Support Center, as available within your product (the “HR Services”), in addition to the terms set forth above, the following additional terms will also apply:

(a) The HR Services are powered by Mammoth, Inc., a third party service provider (“Mammoth”) and are subject to Mammoth’s TERMS OF SERVICE. You agree that your information and any information that you are providing, will be shared with Mammoth to provide the HR Services to you and such disclosure and use is subject to Mammoth’s PRIVACY POLICY. All information, documentation and tools provided as part of the HR Services are provided by Mammoth, are intended for informational purposes only, do not constitute legal, accounting or tax advice, and do not create an attorneyclient relationship. Requirements may vary state-by-state and exceptions may apply. The content and information provided does not encompass all applicable requirements, law or regulations that may exist or apply. The HR Services may include live assistance by a Mammoth advisor (“HR Pro”). By utilizing this assistance, you agree that the HR Pro may access and review your information to answer your HR related questions. Any assistance provided to you within the HR Services will be based on information you provide. You understand and agree that if you provide incorrect or incomplete information, the advice provided to you may not be accurate or complete. If you are seeking legal advice, you are encouraged to consult an attorney.

10.15. GUARANTEES

(a) Tax Penalty Free Guarantee. Intuit works to ensure the accuracy of the payroll tax calculations through the Payroll Services. If you are a registered user of Elite and you receive a federal, state, or local payroll tax penalty or interest from an error affecting your tax calculation accuracy made while using Elite, Intuit will help you resolve it with the corresponding tax agency, and will cover the penalty and interest, up to $25,000. You are required to: (a) complete the onboarding expert review provided by Intuit with the Payroll Services for Elite before incurring a charge that is covered by this Tax-Penalty Free Guarantee; (b) sign up for e-services; and (c) submit the payroll tax notice to Intuit at

TaxNoticeResolution@intuit.com no later than 15 days after the date printed on the notice of your first notice. Intuit will not pay fees due to willful or fraudulent omission or inclusion of information inputted by you to the Payroll Services. Intuit will pay you in the amount of the IRS or state penalty and/or interest paid by you to the IRS or state. You are responsible for paying any additional tax liability you may owe and providing any other information Intuit reasonably requests to validate your claim.

10.16. Customer Support. We provide customer support to help you set up your Payroll Services correctly and run the Payroll Services. If you select the “Client Retail Services,” we also provide support directly to your Client Company. If you select the “Accountant Wholesale Services,” we do not provide support directly to your Client Company; however, we will answer your questions about your Client Company’s payrolls, as well as your questions about your own payroll. Free live support may be available by telephone or online, according to our standard practices.

10.17. Additional Paid Services. There are additional supplemental services that are available. Additional fees and requirements may apply. These services include but are not limited to support services for tax notices, corrections, amendments, W2C/1099, entity change, Third Party sick pay, cancellations and year-end filings, and reactivations.

  1. TSHEETS SERVICES. If you elect to enroll with TSheets, or QuickBooks Online Payroll Premium or Elite, the following additional terms apply.
    • General Terms.
      • Subscription, Restrictions, and Responsibility for Payment.
        • When you enroll in a TSheets, or QuickBooks Online Payroll Premium or Elite, subscription and pay the applicable fees, Intuit grants you a limited non-exclusive license to use the TSheets subscription in the United States. Your use of TSheets: (a) is governed by the latest version of these terms and conditions for TSheets, and (b) constitutes your acceptance of those terms and conditions.
        • You are responsible for payment of all fees and amounts due for each TSheets subscription. We reserve all rights, including termination of this Agreement for you, discontinuation of TSheets, in whole or in part in our sole discretion, and avail ourselves of any other available remedy. This Section will, to the extent applicable, survive the termination of this Agreement.
      • Data Processing and Privacy.
        • If you use TSheets, Intuit will be the Controller of Account Data, and you will be the Controller of the Personal Data and Customer Data that we Process on your behalf and we will process that Personal Information as a Processor in accordance with our TSheets Data Processing Agreement.
        • The terms above in section 10.1 (a), “Account Data,” “Controller,” “Customer Data,” “Processor,” “Data Subject,” “Personal data” (also referred to as Personal Information in the Agreement) and “Processing” (and “Process”) referenced herein shall have the meanings given in the TSheets Data Processing Agreement.
      • You acknowledge that TSheets is not a payroll system and you agree to take full responsibility to validate the accuracy of data produced by TSheets when used by you, should you use it for your own payroll or billing purposes.
      • You accept sole responsibility for ensuring compliance with state and federal labor laws and reporting and hold Intuit harmless and indemnifies Intuit from any and all payroll, tax and labor compliance liabilities.
      • Certain features of TSheets, including multiplying hours tracked by a monetary figure supplied by you, are provided for convenience and your reference only and do not and will not reflect the actual calculation of any payment payable by you to any person or entity and can never be relied on as such and are not warranted or guaranteed by Intuit to be a payroll calculation or any other payment calculation.
      • Tax Exempt Orders for TSheets: Intuit must receive a copy of your certificate to ship without tax; otherwise the appropriate tax rate will apply to your order. Intuit reserves the right to correct tax rates and/or collect the sales/use tax based upon when the product is shipped as required by law. The exemption certificate must be for the same state as the Shipping Address on your order and be listed with your business name. Once the details of your order are finalized and we proceed with processing, you will receive an e-mail from us or our tax exempt verification partner with instructions to file your exemption certificate with us.
      • For any additional product and services information, please visit: tsheets.com
      • All Intuit TSheets by QuickBooks Services are COTS or “Commercial-Off-The-Shelf Software” items.
      • All Intuit TSheets by QuickBooks Services are intended solely for use as defined in this Agreement, and in the Intuit

Privacy Statement, incorporated herein by reference, solely as a time record keeping product by small business owners. Any other use of the product will not be in accordance with its intended design. All use of the product requires that any public disclosures, communication, characterizations, references to product name or uses of the product, references to Intuit, collection of data, or releases of information of any kind pertaining to the purchase or license of the product, are expressly prohibited and require prior written consent from Intuit.

  1. QBSE ELECTRONIC FILING AND PAYMENT OF ESTIMATED TAXES. For QBSE Intuit may provide you with an estimate of the taxes you owe for a calendar quarter. You acknowledge that this amount is an estimate and may not be a sufficient amount. You may select to have Intuit submit your request to pay your estimated quarterly taxes electronically, and your request will be transmitted to the applicable federal and/or state taxing authority (the “Electronic Filing Services”). You are responsible for verifying the status of your estimated tax payment, to confirm that your estimated tax payment has been received and accepted by the applicable taxing authority, and if necessary, for filing and paying it manually in the event that the taxing authority rejects your payment (e.g., incorrect bank account number, invalid pin, duplicate payment). You agree to save a copy of your confirmation of payment that Intuit provides to you for your records. By using this system to prepare and submit your estimated taxes, you consent to the disclosure to the IRS and any other tax or revenue authority of all information pertaining to your use of the Electronic Filing Services. Intuit does not represent that the Electronic Filing Service will be available at any given time. By using the Electronic Filing Service, you acknowledge that it may not be available and able to transmit data to the taxing authority, and that Intuit is not responsible for any late payments or related penalties charged by a taxing authority.
  2. INSURANCE INFORMATION AND OFFERINGS AND INTUIT INSURANCE SERVICES FOR QBSE. As a customer of

QBSE, at your discretion you may apply for health insurance benefits offered by Stride Health, Inc. (“Stride”), an authorized insurance broker (License # 17110854), and participating insurance carriers. You authorize Intuit Insurance Services, Inc. (License # 0H27264), a licensed insurance agency, owned and operated by Intuit Inc. to share your contact and other requested information with Stride and participating insurance carriers in connection with identifying and obtaining insurance offerings/services. You also agree that Stride and participating insurance carriers in connection with identifying and obtaining insurance offerings/services may share your contact and other information with Intuit Insurance Services. Intuit Insurance Services is paid a royalty fee by Stride in connection with your purchase of any of the insurance services. All other trademarks and logos used herein are registered trademarks of their respective owners and are used with permission. Insurance information and/or services are provided to you by Intuit Insurance Services, Stride Health, and other participating insurance carriers.

  1. NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. NEITHER INTUIT NOR THE SERVICES IS INTENDED TO

PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. INTUIT IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The

Services are intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

  1. QBSE ONLINE NOTIFICATION AND DISCLAIMER
    • Intuit will provide you with account-related notifications due to inaction on the account, confirmation of information and reminders to categorize your transactions. These notifications will be sent to the email address you have provided as your primary email address when you register for QBSE. Anyone with access to your email will be able to view the content of these notifications.
    • You understand and agree that any notifications provided to you through QBSE may be delayed or prevented by a variety of factors. Intuit does its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that Intuit shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you based on reliance on a notification.
  2. APPLE REQUIREMENTS. If you downloaded the Services from the Apple iTunes Store the following apply:
    • Acknowledgement: You acknowledge that this Agreement is between you and Intuit only, and not with Apple, and Intuit, not Apple, is solely responsible for the Services and the content thereof.
    • Scope of License: The license granted to you for the Services is a limited, non-transferable license to use the Services on an iOS product that you own or control and as permitted by the Usage Rules set forth in the Apple iTunes App Store Terms of Service.
    • Maintenance and Support: Intuit and not Apple is solely responsible for providing any maintenance and support services with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
    • Warranty: Intuit is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services in the Apple iTunes App Store to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Intuit’s sole responsibility, as between Intuit and Apple.
    • Product Claims: Intuit, not Apple, is responsible for addressing any user or third party claims relating to the Services or the user’s possession and/or use of the Services, including, but not limited to: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
    • Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
    • Legal Compliance: You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
    • Developer Contact Info: Direct any questions, complaints or claims to: Intuit Inc, 2632 Marine Way, Mountain View, CA 94043.
    • Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.

September 2019

 

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