Terms of Service

Last Updated: 01/01/2025

Welcome to Misty Pacheco Bookkeeping ("we," "us," or "our"). These Terms of Service ("Terms") govern your use of our bookkeeping and related financial services (collectively, the "Services") accessed through our website and engagement channels.

By engaging our services, you agree to be bound by these Terms, which constitute a legally binding agreement between you and Misty Pacheco Bookkeeping. If you disagree with any part of the terms, you must not use our Services.

1. Description of Services

Misty Pacheco Bookkeeping provides professional bookkeeping services, which may include, but are not limited to: a. Transaction classification and recording. b. Bank and credit card reconciliation. c. Generation of financial reports (e.g., Profit & Loss Statements, Balance Sheets). d. Payroll processing and tax filings (if specified in a separate engagement letter).

Disclaimer on Legal/Tax Advice: We are not certified public accountants (CPAs) or legal professionals (unless otherwise stated in a separate written agreement). Our Services are strictly limited to bookkeeping. We do not provide legal, tax planning, or investment advice. You remain solely responsible for the accuracy of your federal income tax filings and compliance with all applicable laws.

2. Client Responsibilities

To ensure the accurate and timely provision of our Services, you agree to:

a. Provide Accurate Information: You must provide all necessary financial documents, access credentials, and information (collectively, "Client Data") accurately, completely, and in a timely manner. b. Timeliness: Respond promptly to all requests for information or clarification from our team. c. Verification: Review all reports and documents we prepare and notify us immediately of any perceived errors or discrepancies. d. Security: Maintain the security and confidentiality of any access credentials we provide to you.

We are not liable for any errors or delays in the Services resulting from the non-delivery, inaccuracy, or incompleteness of Client Data.

3. Fees, Billing, and Payment

a. Pricing: Fees for the Services are specified in a separate written engagement letter or service agreement provided to you prior to service commencement. b. Billing Cycle: Services are billed monthly in advance/arrears, as defined in your agreement. c. Payment: All invoices are due and payable within fifteen (15) days of the invoice date. d. Late Payment: We reserve the right to suspend or terminate Services for accounts that are past due. Any late payments may be subject to a late fee of one point five percent (1.5%) per month, or the maximum amount permitted by law.

4. Confidentiality and Data Security

a. Confidentiality: We agree to maintain the confidentiality of all Client Data and not disclose it to any third party, except as required to perform the Services, with your explicit permission, or as required by law. b. Data Handling: We will use reasonable administrative, physical, and technical safeguards to protect the security and integrity of your data. You acknowledge that no security measures are foolproof.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MISTY PACHECO BOOKKEEPING BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

6. Termination

a. Termination by Client: You may terminate the Services at any time by providing thirty (30) days' written notice to Misty Pacheco Bookkeeping. b. Termination by Us: We may terminate the Services immediately, with or without cause, by providing written notice to you. Grounds for immediate termination include failure to pay fees, breach of these Terms, or failure to provide requested Client Data. c. Survival: Sections 4 (Confidentiality), 5 (Limitation of Liability), 7 (Governing Law), and 8 (Contact Information) shall survive any termination of the Services.

7. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Alabama without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within Geneva and Houston County for the purpose of litigating all such claims or disputes.

8. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect. By continuing to use our Services after those revisions become effective, you agree to be bound by the revised terms.

9. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Misty Pacheco Bookkeeping

Email: mpacheco@mistypachecobookkeeping.com

Phone: 956-601-6355