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Terms & Conditions

Terms and Conditions for Client Engagement with BA Capitol

Effective Date: January 12, 2025

These Terms and Conditions (the “Agreement”) constitute a legally binding agreement between you, the client (“Client” or “You”), and BA Capitol (“we,” “us,” or “our”), a remote bookkeeping firm operating in the United States and Canada. By engaging our services, you agree to comply with and be bound by the following terms and conditions.

1. Scope of Services

BA Capitol will provide bookkeeping and accounting services as outlined in the specific service agreement, which may include, but is not limited to, the following services:

  • Recording financial transactions

  • Preparing financial statements

  • Managing accounts payable and receivable

  • Reconciliations (bank, credit card, etc.)

  • Payroll processing

  • Tax-related services, excluding tax filing (unless explicitly stated)

  • Other financial management tasks as agreed upon in writing

The specific scope of services will be detailed in the Service Agreement between BA Capitol and the Client.

2. Client Responsibilities

As a Client, you agree to the following:

  • Accurate and Complete Information: You will provide accurate, complete, and timely information necessary for BA Capitol to perform the services. This includes but is not limited to financial records, bank statements, receipts, invoices, and any other relevant documents.

  • Timely Communication: You will respond to BA Capitol’s requests for information or clarification in a timely manner to ensure the efficient provision of services.

  • Access to Systems and Documents: You will provide BA Capitol with the necessary access to your business systems, financial software, and records to enable the performance of services.

  • Compliance with Laws: You are responsible for ensuring that your business complies with applicable tax, financial, and other legal regulations.

3. Fees and Payment Terms

  • Fees: The fees for BA Capitol’s services will be outlined in the Service Agreement, which may be billed on an hourly, fixed-fee, or retainer basis, depending on the nature of the services provided.

  • Payment: Payment is due in accordance with the terms specified in the Service Agreement. If no terms are specified, payment is due within 30 days of the invoice date.

  • Late Payment: Late payments may be subject to interest charges or service interruptions, at the discretion of BA Capitol. In the event of non-payment, BA Capitol reserves the right to suspend services until payment is received.

4. Confidentiality and Data Protection

  • Confidentiality: BA Capitol agrees to maintain the confidentiality of all proprietary and sensitive business information provided by the Client. This includes financial data, business operations, and any other confidential materials.

  • Data Protection: BA Capitol takes reasonable steps to ensure the security of your data in accordance with applicable privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada and relevant U.S. privacy regulations.

  • Data Retention: We will retain your data for as long as necessary to fulfill the services and for compliance with legal obligations. You may request deletion of your data in accordance with our Privacy Policy.

5. Limitation of Liability

  • No Liability for Errors: BA Capitol will take reasonable steps to ensure the accuracy of the services provided. However, we are not liable for any errors, omissions, or inaccuracies in the information you provide or for decisions made based on the work performed.

  • Indirect and Consequential Damages: BA Capitol shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits or business interruptions, arising from the use or inability to use our services.

  • Indemnification: The Client agrees to indemnify and hold BA Capitol harmless from any claims, damages, or liabilities arising out of the Client’s failure to provide accurate information, failure to comply with applicable laws, or any actions taken by the Client based on the services rendered.

6. Term and Termination

  • Term: This Agreement will remain in effect until terminated by either party in accordance with the terms outlined here.

  • Termination by Client: You may terminate this Agreement by providing written notice to BA Capitol. Termination will be effective 30 days after receipt of the notice.

  • Termination by BA Capitol: BA Capitol reserves the right to terminate this Agreement at any time for any reason, including but not limited to non-payment, failure to provide required information, or failure to comply with the terms of this Agreement.

  • Effect of Termination: Upon termination, any outstanding fees for services rendered up until the termination date will remain due and payable. BA Capitol will deliver any final work product or reports, as applicable, upon termination.

7. Independent Contractor Status

Both parties acknowledge that BA Capitol is an independent contractor and is not an employee of the Client. Nothing in this Agreement shall be construed to create an employer-employee relationship, joint venture, or partnership between the Client and BA Capitol.

8. Intellectual Property

  • Ownership of Work Product: All work product produced by BA Capitol in the course of providing services (such as financial reports, spreadsheets, and other documents) remains the property of BA Capitol unless otherwise stated in the Service Agreement. Upon payment in full for services rendered, the Client will be granted access to these deliverables.

  • Client Materials: Any documents, financial data, and records provided by the Client remain the property of the Client. BA Capitol will not claim ownership of such materials.

9. Dispute Resolution

  • Negotiation: In the event of any dispute arising under this Agreement, both parties agree to attempt to resolve the matter through good faith negotiations.

  • Arbitration: If a dispute cannot be resolved through negotiation, it shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration body. The arbitration will take place in the jurisdiction where BA Capitol’s principal office is located.

  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which BA Capitol is registered, without regard to its conflict of laws principles.

10. Changes to the Terms and Conditions

BA Capitol reserves the right to update or modify these Terms and Conditions at any time. Clients will be notified of any changes, and the updated version will be effective upon posting on BA Capitol’s website or through direct communication.

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By engaging BA Capitol’s services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. The execution of a separate Service Agreement will be required to formalize the specific scope of work for your business.

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