Contract Terms & Conditions

Last Modified: Aug 16, 2024

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Introduction

 

Terms

This Client Service Agreement (the “Agreement”), including the attachments hereto, which are hereby incorporated by reference, is entered into by and between The Money Council® LLC, a Georgia limited liability company (“The Money Council ®” or “Company”) and the client who purchased a service (hereinafter “Client”), hereinafter referred to together as the “Parties.”

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For other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

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TERM.

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This Agreement shall commence on the Purchase Date (defined below) and last until the Services are complete unless earlier terminated as set forth in Section 7 (the “Term”). The “Effective Date” of this Agreement shall be on such date that the Company receives the following: (1) a purchase notification triggered by the Client, and (2)s required by the any and all fees Company to commence Services pursuant to this Agreement.

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CLIENT RESPONSIBILITIES.

Client agrees to select at least one person (“Representative”) as the final decision maker on Client’s behalf. Company is not responsible nor required to communicate with any parties for Services within 7 day(s) from purchase date related to this Agreement except for Representative.

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Client agrees to respond to communications and requests for approvals and information from Company within forty-eight (48) hours. If the Client does not reply to the Company with specific requests for revisions or approval within forty-eight (48) hours, then Client will be deemed to have approved the communications and requests.

 

Delays in providing requested information to Company may result in significant delays in providing the Services and meeting important deadlines. Client agrees to hold Company harmless for any denials or delays as a result of Client’s delayed communication, miscommunication, or non-communication.

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Other than what is designated in this Service Agreement and the related Appendices, you will assume all management responsibilities, including setting policies or strategic direction and directing or accepting responsibility for your employees' actions.

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Client acknowledges that we will use information provided by you to complete our services, without further verification or investigation regarding this information by us, and that we are entitled to rely on its accuracy and completeness.

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Client is encouraged review adequacy of results and to contact Company for any questions or concerns regarding the Services; however, Client may not prohibit Company’s performance of the Services without a formal notice as stated in Section 7 of this Agreement.

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Client will be responsible for supplying Company with all information, materials, data, and documents necessary to perform the Services. Client represents that all financial information and data furnished to Company and other information is true and accurate and may be relied upon by Company for the purpose of providing the Services described herein. Client agrees to inform Company in writing of any material factual changes in Client’s situation, which may affect the Services Company agrees to provide in this Agreement.

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Client is responsible for reading all paperwork and following all instructions related to the Services carefully.

Client agrees to be actively involved throughout the entire time in which the Services are rendered

Client agrees to pay all invoices in a timely fashion or be subject to late fee payments provided herein.

PAYMENTS.

Subscription Fee. Client shall pay Company over milestones for the Services (hereinafter, the “Subscription Fee”), in such amount and according to the payment schedule as stated above in schedule, attached hereto and incorporated herein (“Payment Schedule”). The payment(s) will be electronically withdrawn by Company from Client’s account using the Credit Card Information submitted for subscription services. All payments are withdrawn using the payment authorization, a 3.5% fee will apply to outstanding fees. Any default in payments may, in Company’s sole discretion, result in the Company terminating Services under this Agreement and demanding immediate payment for Services rendered together with interest on an accelerated basis, such amount to be determined in Company’s sole discretion in good faith. If any payments are not successful due to insufficient funds or incorrect card numbers, Client will be charged a thirty dollar ($35.00) insufficient funds fee and Services will be discontinued until payment is received.

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For the first twelve (12) months of the Monthly Write-Up engagement, starting on the agreed upon start date upon payment of the invoice, we will require a monthly fixed fee defined in the payment schedule, which includes up to 5 billable hours per month.

 

Additional time spent on engagement will be billed at $275 per hour. The Money Council® will revisit this monthly fee every ending - 12 month - term to access the effective cost of this engagement to the firm in which case the monthly fixed fee would be adjusted appropriately and sent via a customized service agreement.

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There are no refunds, chargebacks, nor changes to the Subscription Fee unless agreed to in writing by Client and Company. Company endeavors to ensure that all clients are happy and satisfied with the Services provided. Client acknowledges that Company does not grant any refunds for any Services provided, and Client is encouraged to contact Company for any client service concerns.

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No Chargebacks: Client acknowledges and agrees that no chargebacks shall be allowed for any service rendered or any payment made to Company. In the event that PayPal, Stripe, or any other third-party online payment service grants a refund or chargeback in contravention to these terms and conditions, Client shall take any and all actions and execute all documents deemed necessary by Company to reverse such refund or chargeback. Client also agrees that Client’s signature on this Agreement shall be sufficient documentation to an online payment service needing proof or documentation that the service was rendered pursuant to this Agreement or needing justification for a reversal of a chargeback/refund. Further, in the event of a chargeback, whether authorized or unauthorized by Client after the Services have actually been rendered, Client agrees that Client will provide the outstanding payment to Company within five (5) calendar days of notice. Unpaid balances will accrue interest in the amount of ten (10) percent per month until the outstanding balance is paid.

Fraudulent Chargebacks: Client agrees not to authorize any chargebacks for Services actually rendered by Company and understands that the authorization of a chargeback for Services actually rendered may constitute theft of Services under O.C.G.A. § 16-8-5.

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LATE PAYMENTS

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Any outstanding balances as a result of late payments shall incur interest in the amount of six and one half percent (6.5%) each thirty (30) days that the payment is outstanding, and such interest shall be prorated and accumulated and compounded monthly.

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Client agrees that any outstanding payments, including but not limited to, late fees, service fees, rescheduling fees, no-show fees, expenses, etc., may be withdrawn by Company from Client’s account, in Company’s sole discretion, using the attached Credit Card Authorization Form. In the alternative, and at Company’s sole discretion, Company reserves the right to terminate the Services and/or submit all outstanding balances to a debt collection agency of Company’s choice for all fees past due over thirty (30) days. In the event that one or more payments are past due, Company reserves the right to suspend all Services for Client until such past due payments are made.

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6. EXPENSES – TRAVEL, HOTELS

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(a) Company is not required to travel pursuant to this Agreement and is not responsible for travel expenses and fees associated with the Service that are not expressly included in Client’s Retainer Fee. Client agrees that Client is responsible for any additional fees and expenses incurred or required by Company in performance of the Services, including, but not limited to, fees attributed to schedule changes, filing fees, late fees, processing fees, postage, and any and all third-party fees, and hotel and travel fees for Company outside a 50-mile radius of the metro Atlanta area (Zip Code 30127).

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(b) Company will provide an estimate of additional expenses, and Client must authorize the estimate or provide feedback in a prompt and timely manner. Client shall be responsible for providing payment of expenses upfront; however, if Company pays any expenses in advance, in its sole discretion, Company may provide Client with an expenses invoice for the additional expenses, which shall be due and payable within five (5) business days of submission to Client, or Company may withdraw the additional expenses plus the amount due for the Retainer Fee on Client’s next scheduled payment.

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7. TERMINATION.

(a) Either party may terminate this Agreement upon ninety (90) days prior written notice to the other after six months; however, prior to terminating, Client must give Company written notice of any issue or breach of this Agreement and provide Company with thirty (30) days to rectify the issue or cure the breach. If Company requests information and/or documentation from Client and Client fails to provide substantive communication for more than fourteen (30) days, Company may terminate this Agreement upon fourteen (14) days written notice to Client.

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(b) Effect of Termination. In the event of termination for any reason, no fees or payments made to Company shall be refunded. Client shall pay Company at the regular scheduled intervals outlined in the Payment Schedule in Attachment B up through the effective date of termination. Client shall also be responsible for (i) any and all outstanding fees, outstanding expenses, and outstanding monthly installment payments, (ii) payment to Company for all Services rendered and work performed after the last scheduled Retainer Fee installment payment, prorated daily up through the date of termination, and (iii) any third-party costs incurred by Company which are to be paid by Client according to this Agreement (collectively “Outstanding Fees”)(if applicable). Client agrees that Company may withdraw any and all Outstanding Fees from Client’s account using the Credit Card Authorization Form. Notwithstanding the termination of this Agreement, Sections 5-10 shall survive any termination and shall remain in full force and effect.

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(c) Material Breach. Either party may terminate this Service Agreement prior to the end of the 6 month renewal term I 4th either party commits a material breach of the Service Agreement, including non payment by you, by providing ten (10) days' written notice to the other party.

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You agree that if you fail to provide the requested information in a timely manner, do not comply with the Communication Policy section below, or fail to pay for services for this Service Agreement on the agreed upon schedule, such an event is a material breach of this Service Agreement and we may discontinue performing services for you until all outstanding balances are paid and/or withdraw from the Service Agreement upon ten (10) days' written notice delivered to you via email at the email address to which statements are sent.

If our services are suspended due to lack o payment, and we later receive payment from you, along with your request that we resume services, we will provide you with an updated timeline for completion of any past due work. You understand that this may result in significant delays in processing as well as additional fees.

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8. CONFIDENTIAL INFORMATION.

Client understands that all identifying information about Client’s assessment and Client’s financial information (“Client Information”) is kept confidential, except as mandated by law. Company will, at all times during or subsequent to the Term, keep confidential and not divulge, communicate, transfer or use Client Information, except for Company’s own use during the Term of this Agreement to the extent necessary to perform the Services. Please note the following exceptions to confidentiality: (i) cases of potential harm to self or others, (ii) proceedings brought by Client against Company, and (iii) cases involving criminal or fraudulent activity.

Company’s obligations with respect to any portion of the Client Information as set forth above shall not apply when such Client Information (i) was in the public domain at the time it was communicated; (ii) entered the public domain subsequent to the time it was communicated with no fault to Company; (iii) it was in Company’s possession free of any obligation of confidence at the time it was communicated; or (iv) has been independently acquired or developed without violating its obligations under this Agreement or under any federal or state law.

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9. CLIENT ACKNOWLEDGMENTS.

 

Client hereby acknowledges and agrees that Company does not render any legal services to Client. Company’s services are not, and should never be, a substitute for any legal, investment, or tax services. Client acknowledges and agree that Company cannot guarantee the results or effectiveness of any of the Services rendered or to be rendered by Company. Rather, Company shall conduct its operations and provide the Services in a professional manner and in accordance with good industry practice. The Company will use its best efforts and does not promise any particular results.

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Company shall not solicit for employment or hire any The Money Council® employee or contractor who is involved in the performance of this Agreement during the term of this Agreement and for the period of two years following its termination, except as may be agreed to in writing by both parties.

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Any use by Company of The Money Council®, trademark, service mark, or logo in connection with the Services (other than as placed in the report), shall be subject to The Money Council's prior written consent and, at The Money Councill's option.

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GENERAL TERMS

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Force Majeure: Company will not be liable to Client for any failure to comply with any terms of this Agreement to the extent the failure is caused directly or indirectly by acts of nature, weather, fire, government restrictions or other government acts, strike, union disturbance, injunction or other labor problems, riots, terrorism or threats of terrorism, war (whether or not declared), or other causes beyond the control of or without fault on the part of Company (each, a “Force Majeure Event”). If a Force Majeure Event continues for more than a period of thirty (30) days, then upon notice, Company may in its discretion terminate this Agreement.

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Notices: Any notice required or permitted to be given under the terms of this Agreement shall be sufficient if in writing and if sent by electronic mail to the following email addresses: If to Client, at the email address on the first page of this Agreement; and if to Company, supoprt@themoneycouncil.com (or such other address as may be subsequently designated to the Parties in writing).

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Governing Law: This Agreement shall be governed by the laws of the State of Georgia as applied to contracts made and performed entirely therein, exclusive of its choice of law rules.

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Dispute Resolution: If a dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if the dispute is not settled through negotiation, the Parties agree first to try in good faith to settle the dispute by mediation administered by JAMS. If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim arising out of or relating to this contract shall be settled by arbitration administered by JAMS. All disputes shall be heard by a single arbitrator. In the event of any dispute between the Parties concerning the terms and provisions of this Agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees. All mediations and arbitrations shall take place in Cobb County, Georgia.

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Limitation of Liability: In no event shall Company be liable to Client for any indirect, incidental, consequential, special or exemplary damages, including without limitation, business interruption, loss of or unauthorized access to information, damages for loss of profits, or emotional or financial distress, experienced or incurred by Client arising out of the Services provided under this Agreement. The foregoing limitation applies to all causes of action in the aggregate, including without limitation to breach of contract, breach of warranty, negligence, strict liability, and other torts. In no event will Company’s liability on any claim, loss or liability arising out of or connected with this Agreement exceed the amounts paid by Client to Company.

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Indemnification: Client shall defend, indemnify and hold Company, its members, managers, representatives, agents, employees, and independent Clients harmless from any and all claims, actions and proceedings by Client and/or any third parties, and the resulting losses, damages, costs and expenses (including reasonable attorneys’ fees) arising from any claim, action or proceeding based upon or in any way related to (i) Client’s breach or alleged breach of any representation, warranty or covenant in this Agreement, (ii) the acts or omissions of Client or it’s representatives, and/or (iii) Client’s violation of any law, rule, or regulation.

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WARRANTY DISCLAIMERS: COMPANY’S SERVICES PROVIDED TO CLIENT ARE PROVIDED “AS-IS”, “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. COMPANY HEREBY DISCLAIMS ALL EXPRESS, IMPLIED AND ANY STATUTORY WARRANTIES OF MERCHANTABILITY, TITLE, RELIABILITY, COMPLETENESS, ACCURACY, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.

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Severability: The invalidity or unenforceability of any part of this Agreement, for any reason, shall not prejudice or affect the validity or enforceability of the remainder.

Non-Disparagement: Neither the Client nor the Company shall make any oral or written statement about the other party which is intended or reasonably likely to harass, disparage, or reflect unfavorably upon the image or reputation of the other party, or otherwise degrade the other party’s reputation in their respective communities and industries.

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Remedies: It is recognized and acknowledged by Client that in the event of Client’s breach of this Agreement, Company shall have the right to exercise all remedies which may be available at law or in equity.

No Waivers: A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.

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Entire Agreement: This Agreement represents the entire agreement and understanding of the Parties hereto with respect to the subject matter hereof and supersedes all other prior proposals, agreements, understandings, and communications, whether oral or written, if not included or incorporated herein. The Parties hereby acknowledge that they have read this Agreement, understand it, and agree to be bound by its terms and conditions. This Agreement may be executed in two or more counterparts, each of which shall constitute an original, and a faxed, PDF, or other electronically transmitted counterparts shall be deemed an original.

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Fees: Fees are based on our understanding of your business and needs today and remain in effect for a six month period beginning on th starting date specified above for ongoing monthly services. Should material changes to our deliverables, supplied software or process be required or request, a re-contract o the Agreement will be necessary. A new Agreement will be signed for services provided following each 6 month anniversary of the date we start performing ongoing monthly services under this Agreement.

Expedited Requests: Should off-cycle or urgent request be made, an additional expediting charge will apply

Support, Consultations, Planning & Advisory: Should discussions lead to out of scope research, analysis or consultation, an additional charge will apply.

Payment Processing: A 3.5% convenience fee will be added to invoices paid through stripe or PayPal payment processors.

      

COMMUNICATION POLICY.

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A successful working relationship requires a significant commitment by both of our teams, and you agree to make staff available during our ongoing work with you, provide timely responses to questions or authorization requests, and devote the resources necessary to achieve the objectives of the engagement.

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If the information required to provide our services is not delivered in a timely manner, or is incomplete or unusable, we reserve the right to charge additional fees and expenses for services required to correct the problem and/or update your accounting records upon receipt of past-due information. If this occurs, we will contact you to discuss the matter and the anticipated delay in performing our services. We reserve the right to suspend or terminate our work without a refund as outlined in Section 7.

 

Reasonable communication timeline below:
Unless otherwise specified, communication requests/responses should be received from you within 48 hours. We will consider after 7 business days without requests/correspondence from you as an indication of possible disengagement on your part, and will send one last written attempt to get the information needed to complete our work per the Engagement.

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After 14 business days without requests/correspondence from you, we will consider this a material breach of the Agreement and send a formal notice that we will be off-boarding your account with no refund.

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HARDWARE AND SOFTWARE WARRANTIES

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During the course of the Engagement, we may recommend the purchase, installation of, or use of computer or technological hardware, software, communications, or services by the Client. Warranties, to the extent they exist, are provided only by the manufacturer/developer/vendor of those computer or software products. We will do our best to provide appropriate recommendations when available, but the final decision and responsibility to purchase any computer or software products is at your sole discretion.

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COMPUTER CONSULTING LIMITATIONS

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We have a basic understanding of computer hardware, but our area of expertise is in accounting software recommendations and related integrated applications. We advise that you maintain an ongoing relationship with a qualified IT professional and/or company to ensure that you have assistance available when technology needs arise, including your need to have access to the internet in order to work with the software applications that we will use as a core part of the services we provide to you.

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USE OF THIRD-PARTY SERVICE PROVIDERS

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We may from time to time, and depending on the circumstances, use third-party service providers or stating agencies in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to esecure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, the Company will remain responsible for the work provided by any such third-party service providers.

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As a professional management consulting company, we have established partnership with many technology vendors. As a result, the Company may receive discounts, incentives, commissions or other referral

revenue from our partners through theses links, at no additional cost to you. The Company makes its clients aware of certain complementary businesses that may be o interest to you, but it is up to each Client to decide to enter into a relationship with such other business. You understand that if you elect to utilize the services of any of complementary business introduced to you by the Company, any relationship you establish with such complementary business is separate from your relationship with the Company. IN no even with the Company or its affiliates be held responsible for the acts or omissions of any third-party business you elect to work with, regardless of whether you were introduced to such business by the Company.

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INDEMNIFICATION FOR THIRD-PARTY DATA BREACHES

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1. Client Indemnification: The Client agrees to indemnify, defend, and hold harmless [Your Company Name], its affiliates, and their respective officers, directors, employees, and agents (collectively, the "Indemnified Parties") from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with any third-party data breach, including but not limited to:

   • Any unauthorized access to, or disclosure of, the Client's data or confidential information stored, processed, or transmitted through third-party systems or services used by the Client.

   • Any breach of the Client's obligations under this Agreement relating to data security or privacy.

   • Any failure by the Client to comply with applicable data protection laws, regulations, or industry standards.

2. Company Indemnification: The Money Council, LLC agrees to indemnify, defend, and hold harmless the Client, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with any third-party data breach, limited to:

   • Any unauthorized access to, or disclosure of, data or confidential information caused by the negligence, willful misconduct, or breach of this Agreement by The Money Council, LLC or its subcontractors.

   • Any failure by The Money Council, LLC to comply with applicable data protection laws, regulations, or industry standards.

3. Any unauthorized access to, or disclosure of, data or confidential information caused by the negligence, willful misconduct, or breach of this Agreement by [Your Company Name] or its subcontractors.

4. Any failure by [Your Company Name] to comply with applicable data protection laws, regulations, or industry standards.

5. Exclusions: Neither party shall be liable for any damages or losses resulting from a third-party data breach if such breach is caused by factors outside the reasonable control of the indemnifying party, including but not limited to acts of God, war, terrorism, or natural disasters.

6. Notice of Claim: In the event of a claim for indemnification, the indemnified party shall promptly notify the indemnifying party in writing of any claim or threat of claim. Failure to provide such notice shall not relieve the indemnifying party of its obligations under this clause, except to the extent that the indemnifying party is materially prejudiced by such failure.

7. Control of Defense: The indemnifying party shall have the right to control the defense and settlement of any claim for which it is obligated to indemnify the other party, provided that such settlement does not impose any material obligation on the indemnified party without its prior written consent.

8. Limitation of Liability: The indemnification obligations set forth in this clause are subject to any limitations of liability set forth elsewhere in this Agreement.

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CONFIDENTIALITY

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Confidential information means non-public information marked. "confidential" or "proprietary" or that otherwise should be understood by a reasonable person to be confidential in nature, provided by a party or on its behalf. All terms o this agreement, including but not limited to fee an expense structure, are considered Confidential information. Confidential information does not include any information which (I) is rightfully known to the recipient prior to its disclosure. (ii) is released to any other person or entity (including governmental agencies) without restriction; (iii) is independently developed by recipient without use of or reliance on Confidential Information; or (iv) is or later becomes publicly available without violation o this agreement or may be lawfully obtained by a party from a non-party. Each party will protect th confidentiality of Confidential information for any purpose other than to perform this agreement, or as required by applicable law, statute, rule, regulation or professional standard without the other party's prior consent, except that the Company may disclose Confidential Information of Client to The Money Council affiliates, employees, agents, consultants and legal advisors ("Authorized Parties"), who in each case: (I) have a substantive need ot know such Confidential Information in connection with the relationship between the parties hereto: and (ii) have been advised o 4th confidential and proprietary nature of such Confidential Information.

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WORKING PAPER ACCESS REQUEST BY REGULATORS AND OTHERS

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State, federal, and foreign regulators may request access to or copies of certain work papers pursuant to applicable legal or regulatory requirements. Requests may also come in th form o peer review, ethics investigations, or in the sale of the accounting practice. If requested, access to such work papers may be provided under the supervision of firm personnel. Regulators may request copies of selected work papers to distribute the copies or information contained therein to others, including other governmental agencies.

Similar, we may receive a summons or subpoena that our counsel determines requires us to either produce documentation its related to this engagement and/or to provide testimony about this engagement.

If we receive a request for copies of selected work papers, or a summons or subpoena, provided that we are not prohibited from doing so by law or regulations, we agree to inform you of such request as soon as practicable.

You may, within the time permitted to our firm to respond to any request, initiate such legal action as you deem appropriate at your own expense to limit disclosure of information. If you take no action within the time permitted for us to respond, or if your action does not result in a judicial order protecting us from supplying requested information, we may construe your inaction or failure as consent to comply with the request.

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OTHER INCOME, LOSSES, AND EXPENSES

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If you realized income, loss, or expense from a business or suplemental income or loss, the reporting requirements of federal and state income tax authorities apply to such income, loss, or expense. You are responsible for complying with all applicable laws and regulations pertaining to such operations, including the classification of workers as employees or independent contractors and related payroll tax and withholding requirements.

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ACCOUNTANT - CLIENT PRIVILEGE

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Internal Revenue Code § 7525, Confidentiality Privileges Related to Taxpayer Communications, provide a limited confidentiality privilege covering certain tax advice embodied in taxpayer communications with federally authorized tax practitioners in certain limited situations.

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This privilege is limited in several important respects. For example, this privilege does not apply to your records, which you are required to remain in support of your tax return. In addition, the privilege does not apply to state tax issues, state tax proceedings, private civil litigation proceedings, or criminal proceedings. While we will cooperate with you with respect to the privilege, asserting the privilege is your responsibility.

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There may be state law privileges that apply as well. Inadvertent disclosure of otherwise privileged information may result in a waiver of the privilege.

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The parties have hereunto caused this Agreement to be duly executed by their duly authorized representatives as of the date first above written.​

 

Changes to Our Client Terms & Conditions

 

It is our policy to post any changes we make to our privacy policy on this page.  The date the client's terms and conditions were last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

 

Contact Information

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To ask questions or comment about this privacy policy and our privacy practices, contact us at:

support@themoneycouncil.com