Terms of Service

Agreement to These Terms

These Terms of Service ("Terms") form a legally binding agreement between you ("Client," "you") and SmartBooks Pro, LLC ("Company," "we," "us"), a Florida limited liability company.

By submitting our questionnaire, making a payment, or signing a service agreement, you confirm that you have read, understood, and agreed to these Terms. If you are acting on behalf of a business entity, you represent that you are authorized to bind that entity to this agreement.

Services We Provide

SmartBooks Pro provides professional bookkeeping and financial reporting services, which may include:

• Monthly bookkeeping and bank reconciliation
• Profit & Loss statements and balance sheets
• Accounts Payable (AP) and Accounts Receivable (AR) management
• QuickBooks Online setup, migration, and ongoing management
• Job costing and project-level financial tracking
• Cash flow analysis and forecasting
• Payroll coordination (as an add-on service)
• Books catch-up and clean-up services (one-time)

The specific services included in your engagement are determined by the plan you select and any written agreements between the parties.

Your Responsibilities as a Client

To enable us to deliver accurate and timely financial records, you agree to:

• Provide complete, accurate, and legible financial information, including bank statements, receipts, invoices, and supporting documents
• Grant read-only bank feed access through QuickBooks Online where applicable
• Respond to our requests for information or clarification within 5 business days
• Notify us promptly of material changes to your business (new accounts, entity changes, significant volume increases)
• Maintain an active, paid QuickBooks Online subscription where required by your plan
• Not provide information you know to be false, incomplete, or misleading

We are not responsible for errors in your financial records arising from inaccurate, incomplete, or untimely information you provide. We reserve the right to pause services if required information is not received within a reasonable time.

Fees and Payment

Monthly subscriptions are invoiced at the beginning of each billing cycle and are due within 10 days of the invoice date. We accept payment via QuickBooks Payments.

One-time services (catch-up bookkeeping, QuickBooks setup, cleanup) are invoiced in advance and are due before work begins.

Payroll add-on fees are billed monthly alongside your base plan and are priced based on the number of employees.

Late payments are subject to a 1.5% monthly late fee on any unpaid balance after the due date. We reserve the right to suspend services for accounts more than 15 days past due.

All fees are listed in US Dollars. We reserve the right to adjust pricing with 60 days' written notice. Continued use of services after the effective date of a price change constitutes acceptance of the new pricing.

Cancellation and Refund Policy

Cancellation by you: You may cancel your subscription at any time by providing 30 days' written notice to smartbooksprollc@gmail.com. Services and billing continue through the end of the notice period. Cancellation takes effect at the conclusion of the current billing cycle following the notice period.

Cancellation by us: We may terminate your subscription with 30 days' written notice for any reason. We may terminate immediately and without notice in cases of:

• Non-payment of fees past 30 days due
• Provision of fraudulent or materially false information
• Abusive, threatening, or harassing conduct toward our team
• Any activity that is illegal or violates these Terms

Refund policy: Monthly subscription fees are non-refundable once a billing cycle has commenced. One-time service fees for work already completed are non-refundable. If we terminate services without cause before completing a one-time project, we will refund any pre-paid fees for work not yet performed.

Confidentiality

We treat your financial and business information with the highest degree of confidentiality. We will not disclose your data to any third party except:

• As required by applicable law, regulation, or court order
• To our authorized technology service providers (e.g., Intuit/QuickBooks Online) that are necessary to perform our services — these providers are bound by their own confidentiality obligations
• With your prior explicit written consent

Our confidentiality obligations survive the termination of this agreement for a period of 5 years.

You agree to keep confidential any proprietary information, processes, or methodologies we share with you in the course of our engagement.

Your Data and Intellectual Property

Your data belongs to you. All financial records, source documents, and data you provide to us remain your property at all times. We claim no ownership over your business's financial information.

Work product. Financial reports, reconciliations, and analyses we prepare on your behalf become your property upon receipt of full payment for the applicable period.

Our property. Our website content, branding, templates, workflows, and proprietary methodologies are owned by SmartBooks Pro, LLC. You may not reproduce, distribute, or create derivative works from our materials without written permission.

QuickBooks access. You grant us access to your QuickBooks Online account solely to perform the agreed-upon services. We will not access your account for any other purpose.

Important Disclaimers

Our services are based on the information you provide. The accuracy of your financial records depends on the completeness and accuracy of that information. We are not responsible for undisclosed transactions, omitted accounts, or information withheld by you or your bank.

We make no guarantee that our services will detect fraud, embezzlement, or other financial irregularities. If you suspect fraud, contact a forensic accountant and law enforcement.

Services are provided "as is" without warranty of any kind, express or implied, beyond what is expressly stated in this agreement.

Limitation of Liability

To the maximum extent permitted by applicable law, our total liability to you for any claim arising out of or relating to our services is limited to the total fees you paid to us in the 90 days preceding the event giving rise to the claim.

We are not liable for:

• Indirect, incidental, consequential, special, or punitive damages
• Lost profits or lost business opportunities
• Tax penalties, interest, or liabilities arising from your own financial decisions or omissions
• Losses resulting from inaccurate or incomplete information you provided
• Third-party service disruptions (including QuickBooks Online outages or payment processor failures)
• Unauthorized access to your financial data resulting from compromised credentials on your end

Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

Informal resolution: Before pursuing formal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation for at least 30 days after written notice of the dispute.

Binding arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Miami-Dade County, Florida. Each party bears its own legal fees unless the arbitrator awards otherwise.

You waive any right to participate in a class action lawsuit or class-wide arbitration against SmartBooks Pro, LLC.

Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. We will notify active clients of material changes by email at least 30 days before the new terms take effect.

The current version of these Terms will always be available at smartbooksprous.com/terms.html. Continued use of our services after the effective date of updated Terms constitutes your acceptance.

If you do not agree to updated Terms, you may cancel your subscription as described in Section 5.

Contact Us

Questions about these Terms? We're here to help — reach out before engaging and we'll clarify anything.

Note: These Terms were drafted in plain language for clarity. SmartBooks Pro recommends that clients with complex legal questions consult an independent attorney.