Terms and Conditions

1. Agreement and Order of Precedence

These Terms apply together with any written engagement letter, proposal, statement of work, or service agreement you sign with us (an "Engagement Agreement"). If there is any conflict between these Terms and a signed Engagement Agreement, the Engagement Agreement controls for that engagement. Together they form the entire agreement between you and us and supersede any prior discussions or understandings.

2. Scope of Services

Clear Ink Financials provides bookkeeping and accounting support services, which may include monthly bookkeeping, catch-up and clean-up bookkeeping, payroll and tip reporting support, financial statement preparation, accounts payable and receivable support, sales tax and expense tracking, and related reporting. The specific Services, deliverables, and scope for your business are defined in your Engagement Agreement. Any work outside that scope is not included unless agreed in writing and may be subject to additional fees.

3. Not Legal, Tax, Audit, or Investment Advice

Clear Ink Financials is a bookkeeping service provider. We are not a law firm, a CPA firm, an auditor, a tax preparer, or a financial or investment advisor, and nothing we provide constitutes legal, tax, audit, accounting certification, or investment advice. We do not prepare or file tax returns, provide assurance or audit opinions, or represent you before any tax authority unless expressly stated in a separate written agreement. You are responsible for obtaining advice from a qualified CPA, tax professional, or attorney for those matters, and for all filing and compliance obligations.

4. Client Responsibilities

You are responsible for the accuracy, completeness, and legality of all information, records, receipts, statements, and access you provide to us. You agree to:

• Provide complete and accurate financial records and supporting documents on a timely basis;
• Give and maintain the access we need to bank feeds, accounting software, payroll systems, point-of-sale systems, and payment processors;
• Review the reports, reconciliations, and statements we deliver and promptly notify us of any error, omission, or unusual item;
• Keep your own backups of source records and maintain the security of your login credentials; and
• Comply with all laws that apply to your business, including tax, payroll, employment, and sales tax obligations.

You retain full ownership of, and responsibility for, your financial records and business decisions at all times.

5. Reliance on Client Information

Our Services are based on the information, documents, and instructions you provide. We do not audit, verify, or independently investigate the information you give us and are entitled to rely on it as accurate and complete. We are not responsible or liable for any error, loss, penalty, or misstatement that results from information that is inaccurate, incomplete, delayed, altered, or withheld by you or by third parties acting on your behalf.

6. Third-Party Software and Services

Our Services may use or connect to third-party platforms such as accounting software, banks, payroll providers, point-of-sale systems, and payment processors. We do not control and are not responsible for those third parties, including their availability, accuracy, data feeds, fees, security, or changes to their services. Your use of those platforms is governed by their own terms, and any fees or subscriptions for them are your responsibility.

7. No Guarantee of Results

We perform the Services with reasonable professional care and skill. However, we do not guarantee any particular financial, tax, or business outcome, and past results do not guarantee future results. Bookkeeping involves judgment, and reasonable professionals may reach different conclusions.

8. Fees, Invoicing, and Late Payment

Fees, billing frequency, and payment terms are set out in your Engagement Agreement. Unless stated otherwise, invoices are due on receipt. We may charge late fees or interest on overdue amounts to the extent permitted by law, and we may pause or suspend Services, or withhold deliverables, while any invoice remains unpaid. Fees already paid are non-refundable except as required by law or as expressly stated in your Engagement Agreement. You are responsible for any taxes associated with the Services other than taxes on our income.

9. Confidentiality

We treat your non-public financial information as confidential and use it only to provide the Services, except where disclosure is required by law or authorized by you. You agree to keep confidential any non-public information, methods, or materials we share with you. This section survives termination of the engagement.

10. Data, Records, and Security

We take reasonable measures to protect the information in our care, but no method of transmission or storage is completely secure, and we cannot guarantee absolute security. You are responsible for maintaining your own copies of your source records. On termination, we will, on request and after payment of any outstanding fees, return or make available the records you provided; we may retain copies as required by law or our internal record-keeping policies.

11. Disclaimer of Warranties

The Site and the Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Clear Ink Financials disclaims all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Site or Services will be uninterrupted, error-free, or free of harmful components.

12. Limitation of Liability

To the fullest extent permitted by law, Clear Ink Financials, and its owners, employees, and contractors, will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to the Site, the Services, or these Terms, even if advised of the possibility of such damages. To the fullest extent permitted by law, our total aggregate liability for any and all claims arising out of or related to the Services or these Terms will not exceed the total fees you actually paid to us for the Services giving rise to the claim during the [three (3)] months immediately before the event that gave rise to the claim. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless Clear Ink Financials and its owners, employees, and contractors from and against any claims, damages, liabilities, penalties, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) information or instructions you provide; (b) your use of the Site or Services; (c) your breach of these Terms; or (d) your violation of any law or the rights of a third party. This section survives termination.

14. Independent Contractor; No Fiduciary Relationship

Clear Ink Financials is an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship between you and us. We have no authority to bind you or act on your behalf except as expressly authorized in writing.

15. Term, Suspension, and Termination

Either party may terminate an engagement with [thirty (30)] days written notice, unless your Engagement Agreement states otherwise. We may suspend or terminate Services immediately if you fail to pay, fail to provide information we reasonably need, breach these Terms, or if we reasonably believe the engagement involves unlawful activity. On termination, you remain responsible for all fees for Services performed up to the termination date.

16. Website Use and Intellectual Property

The Site and its content, including text, graphics, logos, and design, are owned by or licensed to Clear Ink Financials and are protected by applicable laws. You may not copy, reproduce, republish, or use our content for commercial purposes without our written permission. You agree not to use the Site in any way that is unlawful, harmful, or that interferes with its operation or security.

17. Electronic Communications and Consent

By using the Site or engaging the Services, you consent to receive communications from us electronically, including by email, and you agree that electronic agreements, notices, and records satisfy any legal requirement that such communications be in writing. When you submit a form or provide contact details, you consent to be contacted about your inquiry and your engagement.

18. Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, illness, outages, failures of third-party platforms or the internet, government actions, or other events of force majeure.

19. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of [Your State], without regard to its conflict of laws rules. You agree that any dispute arising out of or related to these Terms or the Services will be brought exclusively in the state or federal courts located in [Your County, Your State], and you consent to the jurisdiction of those courts. Before filing any claim, the parties agree to first attempt in good faith to resolve the dispute informally by contacting each other. Any claim must be brought within [one (1)] year after it arises, to the extent permitted by law.

20. Changes to These Terms

We may update these Terms from time to time. The current version will always be posted on this page with an updated effective date, and your continued use of the Site or Services after changes are posted means you accept the updated Terms.

21. Severability and Waiver

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any provision is not a waiver of our right to do so later.

22. Contact

Questions about these Terms? Please contact Clear Ink Financials or email us at info@clearinkfinancials.com.