Terms of Service

Thanks for taking the time to read all the legal stuff! We hate the formalities as much as you do, but it was all we could do to make the legal department happy. Long story short our “Terms of Service” is really about our policies, how we can create the best experience for you and how you can help us do a better job!

Effective as of October 21, 2016.

THESE TERMS OF SERVICE (“TERMS”) GOVERN YOUR USE OF OUR WEBSITE & SERVICES.

These TERMS set forth the agreement between you and Bookly (Collectively the “Parties”) concerning the respective rights and responsibilities of the Parties arising from your use of the Web Site and Services. Your use of the Web Site constitutes your acceptance of these TERMS. You may not use the Web Site or Services until you review and agree to these TERMS.

Privacy Policy

To read Booklys' full privacy policy, see this Privacy page. The terms of that Policy, and any future amendments to it, are hereby incorporated by reference in its entirety into these Terms of Service.

Services

Bookly offers various Business, Tax & Accounting services through the Web Site (the “Services”). Such services include but are not limited to Entity Formations, Tax Planning, Bookkeeping and Tax Preparation (the “Services”). Bookly reserves the right to add or delete any of its product offerings at any time. bookly.co may, at its option offer a number of other additional services in the future. If additional services are offered, Bookly may in its sole discretion adopt additional rules, regulations or terms of service concerning the additional services.

You understand and agree that Bookly is not a law firm or an attorney, may not perform services performed by an attorney, and is not the substitute for the advice of an attorney.

You understand that the quality of the services provided by Bookly are dependent upon the accuracy of the information provided by you including but not limited to the completeness, spelling, grammar and consistency of names, addresses, descriptions, financial information and the like. You also understand it is your sole responsibility to provide accurate information and you will read all final document(s) before approving, signing, submitting and or returning them to the designated recipients.

Order Information

You agree that your order with Bookly represents that the information supplied by you or your agent to Bookly is accurate and complete. Your order with Bookly also acknowledges that Bookly is relying upon such information in the preparation and completion of each and all orders without any verification by Bookly as to its accuracy or completeness. You agree to hold Bookly and its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents and representatives harmless and defend and indemnify Bookly from and against any claims, causes of action, damages and liability of whatever kind or nature, including but not limited to court costs and reasonable attorney fees if information provided by you or your agent is inaccurate or incomplete. It is your responsibility to inform Bookly of any changes or corrections to your information.

Tax Preparation

The Internal Revenue Service imposes penalties upon taxpayers and preparers for failure to observe due care in reporting for income tax returns. In order to insure an understanding of our mutual responsibilities, we ask all clients for whom returns are prepared to confirm the following arrangements.

Bookly will prepare your federal and state income tax returns from information which you will furnish to us. We will not audit or otherwise verify the data you submit, although it may be necessary to ask you for clarification of some of the information.

It is your responsibility to provide all information required for the preparation of complete and accurate returns. You should retain all original documentation and send only copies of originals, canceled checks, and other information for the basis of income and deductions. These may be necessary to prove the accuracy and completeness of the returns to a taxing authority. You have the final responsibility for the income tax returns; therefore, you should review them carefully before you sign them.

The information you are supplying Bookly needs to be accurate, and complete to the best of your knowledge, and needs to be supported by records as required by law. Our work in connection with preparations of your income tax returns do not include any procedures designed to discover defalcation, or other irregularities, should any exist. We will render such accounting assistance as determined to be necessary for preparation of income tax returns. We will use professional judgment in resolving questions where the law is unclear or where there may be conflict between taxing authorities’ interpretations of the law and other supportable positions. Unless otherwise instructed by you, we will resolve such questions in your favor whenever possible.

Filing & Business License Fees

You understand and agree that the Service does not include filing fees and or business licensing fees. Except as otherwise noted, filing and recording fees include all mandatory or applicable federal, state, county and local administrative fees and may also include publishing, name check, handling processing fees and business licensing.

Service Plan, Billing & Modifications

Our Services are made available on a pay-as-you-go basis and are charged at the start of your elected subscription term (generally monthly or annually). Your subscription will renew automatically based on your plan’s renewal cycle. The Service provides an interface for the account owner to change credit card information (e.g., upon card renewal). The account owner will receive a receipt upon each payment received, or they may obtain a receipt from within the application to be able to track the status of your subscription.

If you choose to upgrade your plan during your elected subscription period, any incremental cost will be prorated over the remaining term of the subscription period and charged to your account. Subsequently, you will be charged the adjusted rate on your next billing cycle. If you are on a monthly billing cycle, you will not see a prorated charge or credit in the current month, but your new billing rate will be reflected on your next monthly bill. Regardless of your billing cycle, there are no refunds or credits for partial months of Service, plan cancellations, plan downgrades, or refunds for unused time if you close your account before the end of your subscription period. No exceptions will be made in order to treat everyone equally and keep our administrative costs low for the ultimate benefit of our customer base.

Incorporation Orders

If you are not satisfied or would like to provide feedback of your experience with one of our team members please contact our customer service department at 1-800-910-4589.

If you wish to cancel your incorporation order(s) after the payment has been processed by Bookly but before a service completion you may do so at any time, however you should not expect a full refund if any of the services included in your package have been fulfilled. Money paid to Bookly that has already been paid to the state for filing fees or to a third party vendor of Bookly is not refundable. We handle all refund requests on a case by case basis in order to provide the best possible service and experience for all of our clients.

Past Due Balances

If you fail to pay your subscription fee on time, or if your credit card payment information is entered in error or does not go through for processing and you do not update payment information upon our request, your entire service subscription may be suspended or cancelled.

Taxes

Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against and we will invoice you for such Taxes if we believe we have a legal obligation to do so.

Billing Questions

You understand that if you have any billing questions or disputes to a charge to your account, you should call the Bookly Client Care Center immediately at 1-800-910-4589 and allow Bookly to investigate the matter before disputing the matter with your financial institution.

Disputes

In the event of any dispute, billing dispute, claim, or disagreement arising from or relating to the Agreement or the breach thereof, the parties hereto shall first use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and recognizing their mutual interest, attempt to reach a just and equitable solution satisfactory to both parties. If the dispute cannot be settled through direct discussions, the parties agree to mediation administered by the American Arbitration Association under its commercial mediation rules. Fees charged by any mediators, arbitrators, or the AAA shall be shared equally by all parties. IN AGREEING TO ABRITRATION, WE BOTH ACKNOWLEDGE THAT IN THE EVENT OF A DISPUTE OVER FEES, EACH OF US IS GIVING UP THE RIGHT TO HAVE THE DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY AND INSTEAD WE ARE ACCEPTING THE USE OF ARBITRATION FOR RESOLUTIONS.

Abandoned Orders & Service Plans

You understand it is your responsibility to return all communication attempts made by Bookly in effort to complete your order(s). You also understand other than as required by applicable law, you shall forfeit your right to cancel, request a cash refund or obtain store credit for any undelivered order or service after 120 days have elapsed from the purchase date unless Bookly is at fault.

Intellectual Property Rights

Except as expressly set forth in these Terms of Service, nothing contained herein shall be construed as conferring any license or right, by implication or otherwise, under copyright or other intellectual property rights. You agree that this website and Bookly Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

This website may include various product names, business names, logos, slogans and other marks in which Bookly has a registered trademark interest or other protectable interest (collectively "Bookly Marks"). It may also include product names, business names, logos, slogans and other marks in which others have a protectable interest (collectively "Other Marks"). You may not in any way use any Bookly Marks or Other Marks on this website without the prior express written permission of the appropriate owners.

Limitation of Liability

Bookly and its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents and representatives shall not be liable for any injury, claim, liability or damage of any kind resulting from your use of this website, our services or the Bookly Content or related to the User Content. Bookly and its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents and representatives shall not be liable for any special, direct, indirect, incidental or consequential damages of any kind whatsoever, including without limitation, attorney fees, lost profits, goodwill, business interruption, loss of business information or data, loss of opportunity and the like, in any way due to, resulting from, or arising in connection with the use or inability to use this website, our services or the Bookly Content.

Force Majeure

Bookly is not responsible for any delay or failure in performance of the web site or services in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under these Terms of Service.

Governing Law, Jurisdiction and Legal Notice

These Terms of Use will be governed and construed under the laws of the State of Utah, U.S.A., without regard to its choice of law provisions. You agree that any action at law or in equity arising out of or relating to this website, services or the Bookly Content, including these Terms of Service, will be filed only in the state or federal courts located in Utah. You consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

Severability

If any term or provision of these Terms of Service is held to be invalid, void or unenforceable by a court or arbitrator of competent jurisdiction, the remainder of these Terms of Use will not be affected, impaired or invalidated and each remaining term or provision will be valid and enforceable to the fullest extent permitted by law.

Business Credit Reports By Dun & Bradstreet

The D&B® Business Credit Report, which includes periodic alerts furnished by email and is provided for the business’s use only (the “D&B Product”), is provided to you in collaboration with Dun & Bradstreet, Inc. (“D&B”). By purchasing and using the D&B Product and accepting these terms, you are also accepting and agreeing to D&B’s Product License Agreement (http://www.dandb.com/terms-service-phoenix/) and Privacy Policy (http://www.dandb.com/privacy-policy/), which covers your use of the D&B Product.