Terms of Service - Fractional Bookkeeping
Thank you for purchasing our services at Maher & Associates LLC (DBA Turning Point HCM). You are accepting the practices described in this agreement.
This agreement is made effective on your purchase date and between You the “Client” and Maher & Associates, LLC, “Company”. In this agreement, the party who is contracting to receive services shall be referred to as “Client,” and the party who will be providing the services shall be referred to as “Company”. Therefore, the parties agree:
Client would like to contract with Maher & Associates, LLC to Manage or Provide Fractional Bookkeeping Services as agreed to and documented in the attached General Scope of Services and as indicated below in the SCOPE OF SERVICES.
1. Payment Method and Authorization
We have chosen to pay for our services to Maher & Associates, LLC by either online bill pay backed up by EFT or CC (there will be a 4% service charge for CC). These services are provided on a pay-as-you-go basis with no long-term contracts, no minimums, and no startup fees. Services will be charged weekly based on actual hours utilized.
Before beginning the assignment, we will authorize the fees stated below or an agreed-upon amount according to the attached scope of services and EFT/CC AUTHORIZATION FORM. Maher & Associates, LLC may terminate with 30 days’ notice.
2. Billing and Payment Terms
All payments and notices are to be made directly through the use of online payment through your invoice. Invoices will be issued weekly for hours worked in the preceding week. Payments are due 5 days from the invoice date. If invoices are not paid by the 10th day, the Client authorizes Maher & Associates, LLC to charge their credit card or EFT or process the bill pay for the amount of the invoice.
For any overdue invoices, after 7 days a 5% late fee per every 7 days will begin to accrue to your invoice. Refund of fees for any reason is only considered by Maher & Associates, LLC within 30 days of any sent invoice.
3. Confidentiality and Data Security
Maher & Associates, LLC and their team agree to keep confidential and not to divulge any confidential matters discussed or obtained from Client. Client acknowledges that providing access to accounting systems, bank accounts, and financial records is necessary for service delivery, and agrees that Maher & Associates, LLC will handle all financial data in accordance with industry-standard security practices and applicable privacy laws.
Maher & Associates, LLC will:
- Maintain secure access to Client’s accounting systems and financial data
- Use Client login credentials solely for service delivery purposes
- Not share Client financial information with unauthorized parties
- Safeguard all confidential information and use it only for the noted services
4. Indemnification
Client agrees to indemnify, defend and hold harmless Maher & Associates, LLC from and against any and all claims, actions, losses, or liabilities (including attorneys’ fees and fees for defense) arising out of, relating to, or resulting from the performance of bookkeeping services by either Maher & Associates, LLC or their Consultants pursuant to this agreement, (except to the extent that such claim, action, loss, or liability was due to the sole negligence or misconduct of Maher & Associates, LLC or such Consultants) or Client breach or failure to perform any agreement, condition or provisions contained herein.
5. Authorization to Charge Payment Method
I authorize Maher & Associates, LLC to charge my EFT/CC as indicated above for services and products. I also authorize Maher & Associates, LLC to charge my EFT/CC if I have chosen to pay by invoice and my invoice is overdue by 10 days or more with the late fees applying.
Should my EFT/CC expire or be declined I will promptly provide Company with new information. By signing the order form, I authorize the company to update the expiration date or to change the EFT account information by my verbal authorization. My signature below authorizes all charges and changes.
This authorization also allows the Company to charge my EFT/CC for any future services authorized verbally or in writing including such things as additional bookkeeping hours, projects, catch-up work, system conversions, additional reports, training, or software.
6. Safeguarding Confidential Information
Company will safeguard the above confidential information and use it only for the above-noted purpose; it will not be released to any unauthorized parties. All financial data, banking information, and confidential business records will be treated with strict confidentiality.
7. Non-Solicitation
Client agrees that at all times while Client is employing the services of Company and for twelve months thereafter, Client will not, directly or indirectly solicit, divert, hire, retain (including as a consultant) or encourage to leave the employment of Company and any employee of Company, or hire and retain (including as a consultant) any former employee of Company who has left the employment of Company within 12 months prior to such hiring or retention.
Client understands the cost that Company incurs to recruit, select and train employees. Client agrees that if they violate this portion of the contract by hiring or contracting any Turning Point HCM employees either as an employee or contractor within 12 months of Turning Point HCM providing any services to Client, Client will pay a recruiting fee of $45,000 immediately via check or credit card.
8. Service Billing (Pay-As-You-Go Model)
The Client agreement to the service(s) includes a month-to-month ongoing payment plan with no long-term commitment. Client service(s) will be billed weekly based on hours utilized at the agreed-upon hourly rate ($125/hour). Charges will continue on a weekly basis unless cancelled in accordance with Company cancellation policy below.
Company reserves the right to change our pricing. In the event of a price change, Company will attempt to notify Client in advance of the change by sending an email to the address Client has provided on the purchase form, or any updated contact information Company receives during services.
If Client does not cancel services, the services will continue at the price in effect at the time of each subsequent billing period, and Client authorizes Company to charge the payment method on file for these amounts.
9. Cancellation Policy
This agreement operates on a month-to-month basis with no minimum service commitment. Client may cancel the services at any time. Client must provide Company in writing (email is acceptable) thirty (30) days’ notice of cancellation. The cancellation will be effective at the end of the billing period in which notice was provided.
No refunds will be issued for work already completed or hours already utilized in the current or preceding billing cycles.
10. Accounting System Access and Integration
Client agrees to provide Maher & Associates, LLC with necessary access credentials and permissions to Client’s accounting system(s) (including but not limited to QuickBooks Online, Xero, or other platforms), bank accounts, credit card accounts, and payment processing systems necessary to perform daily reconciliations and bookkeeping services.
Client retains full ownership and control of all data and financial records. Maher & Associates, LLC will use this access solely for the purposes of delivering contracted services and will not access, modify, or use Client data for any other purpose.
11. Work Under Accountant Direction
Client acknowledges that Maher & Associates, LLC provides tactical bookkeeping services and will work in coordination with Client’s existing accountant or CPA firm. Maher & Associates, LLC’s role is to maintain accurate daily books and provide clean, reconciled financial data to Client and Client’s accountant.
Maher & Associates, LLC is not providing tax advice, financial planning, or strategic accounting guidance. Any such services remain the responsibility of Client’s accountant or external advisors.
12. Amendments to Agreement
Company may amend this agreement. Any amendment will be effective thirty (30) days following Company’s notice to Client of the amendment to this agreement. Company will attempt to notify Client in advance of the change by sending an email to the address Client has provided on the purchase form, or any updated contact information Company receives during services.
If Client does not agree to any change to this agreement, Client must cancel the contract prior to the effective date of the amendment.
13. Disclaimer and Limitation of Liability
To the fullest extent permitted by law, Company disclaims all warranties, express or implied, including without limitation warranties of merchantability or fitness for a particular purpose or for no infringement.
TO THE FULLEST EXTENT PERMITTED BY LAW:
(a) Company will not be liable for any consequential, special, indirect, exemplary or punitive damages (including without limitation loss of profits, revenue, interest, goodwill, loss or corruption of data or for any loss or interruption to customer’s business) whether in contract, tort (including without limitation negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
(b) Each party’s aggregate liability to the other is limited to amounts paid or payable to Company.
(c) Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including without limitation acts of God, government, terrorism, natural disaster, labor conditions, and power failures.
14. Applicable Law
This Agreement shall be governed by the laws of the State of New York, the Company’s state of business registration. In the event that any disagreements arise, all litigation must occur in the Company’s county and state of business, Suffolk County, New York, USA.
Scope of Services – Fractional Bookkeeping
Daily Bookkeeping Services
What’s Included:
- Daily bank account reconciliations
- Daily credit card reconciliations
- Full general ledger account reconciliations
- Bill payment processing (per Client direction)
- Expense categorization and GL coding
- Month-end close support
- Financial data accuracy verification
- System maintenance and cleanup as needed
What’s Not Included:
- Tax preparation or tax advisory
- Financial forecasting or strategic planning
- CFO-level services
- Payroll processing (coordination with Client or payroll provider)
- Audit preparation (provided to Client’s accountant)
Billing:
- $125/hour, billed weekly for actual hours utilized
- No minimums, no long-term contracts
- Flexible hours based on Client needs
- Billed to the minute