By using varstan.com (“this Website”, “we”, “us”), you agree to all terms below. If you do not agree with these terms, do not use this Website. You agree that this Website may modify these Terms of Use and Privacy Policy at any time and you agree to be bound by all changes that this Website may reasonably make hereto.
Definitions
“You” refers to you as a user of this Website, any party authorized to act on your behalf, your company, partner, or any party you are representing or acting on behalf of, on this Website.
Representations
You represent that you are at least 18 years old and have provided and will continue to provide accurate and correct information to this Website. You represent that you have full authority to enter into this agreement and perform its terms. You warrant that each action you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of any third parties. By using this Website you agree to our Terms as outlined below. If you do not agree to these Terms, you are not authorized to use this Website. By using this Website’s services, you are agreeing to be bound by these Terms.
Services
This Website offers professional US bookkeeping service services to small and medium sized businesses worldwide, over email, instant messaging, and phone. This Website charges fees for these services. These fees may change at any time at this Website’s management sole discretion.
Payments
You agree that you will pay for using this Website services. You authorize this Website and the legal entity which owns this Website’s label to charge you any services purchased on this Website for the period of the minimum duration of your subscription, which is one year. You are solely responsible to maintain your account with this Website in good standing, which includes but is not limited to timely payments of all dues, fees, taxes and other applicable charges. You agree to pay for our services rendered for a minimum period of 1 year and until your account is terminated under the Termination conditions noted below. However you have the option to terminate your subscription within the first 30 days from your sign up date.
Termination
Our services are binding for the entire duration of your subscription period, which is one year. You can terminate your subscription within a grace period of 30 days from the date you signed up. You may not cancel your subscription after the 30 days grace period had passed. If you decide to do so we may seek redemption to the amount of your remaining subscription. You may terminate your subscription at the end of the subscription period only. If you do not terminate your subscription at the end of the subscription period, plus a grace period of 30 days, your subscription renews for a period of 1 year under the conditions mentioned here. If for some reason you are unhappy with our service, you can request an earlier termination. Granting earlier termination requests is entirely at this Website’s management discretion. All termination requests must be sent to us in writing over email or using the contact us form. Upon termination, your right to use this Website’s services will immediately cease. We agree to terminate your service effective upon the receipt of your written notice of termination but no later than 30 days from your initial sign up date or before a year has passed from your sign up date.
Content
Although this Website strives to update and keep accurate as much as possible the content contained on this Website, errors and/or omissions may occur. The content contained in this Website or which may be downloaded from this Website is provided “as is” and “as available”. As such, this Website makes no warranty or representation regarding the quality, accuracy, completeness or up-time and availability of such content and expressly disclaims liability for errors and/or omissions in said content. this Website may fix and correct typographical and unintentional errors at any time. If you have any concerns with the content on this Website, please contact us.
Communications
All messages, responses, and other communication between you and this Website, including but not limited to e-mails, voicemails, and webpages are confidential and/or subject to copyrights. You agree to take all reasonable steps to protect this confidential information and shall not copy, distribute, share, or make public, any information from this Website without prior written permission from this Website.
Requirements
The services we provide comes with several requirements to which you agree by signing up to one or more of our Plans and accepting these Terms of Service. These requirements will be clearly outlined to you in a document when you sign up. These are non-negotiable and violation of any of the requirements may result in incurring additional charges and cancelling your support plan.
Limitation of Liability
This Website shall not be liable under any circumstances to you or any other person for indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including but not limited to negligence), breach of warranties, either expressed or implied. In the event that any state/province/country does not permit this broad exclusion or limitation on liability for damages as contained herein, or if the broad exclusion is invalidated in whole or in part for any reason, this Website’s liability is limited to the full extent that is permitted by law. You agree that in no event shall this Website’s maximum aggregate liability exceed one hundred US dollars ($100 USD).
Indemnification
You agree to defend, indemnify and hold harmless this Website and its owners, operators, parents, subsidiaries, successors, assigns, attorneys, contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable legal fees, resulting from any third party claim, action, proceeding or demand related to your use (including your agents, affiliates, or anyone acting on your behalf) of this Website.
Force Majeure
this Website is not liable for failure to perform its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, internet or telephone service.
Venue and Choice of Law
This agreement is subject to the laws of Massachusetts, United States of America. You agree to waive questions of jurisdiction and all disputes brought by you shall be in the courts of Massachusetts. Prior to resorting to litigation, you agree to attempt to resolve any dispute by binding arbitration in accordance with the laws of Massachusetts. The place of arbitration shall be Massachusetts. The language of the arbitration shall be English.
Severability
If any provision of this agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of this agreement shall not in any way be affected or impaired thereby. this Website will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of this Website as reflected in the original provision.
Binding Effect
This agreement is binding on you, your heirs, successors and assigns, partners, agents, parent corporations, subsidiaries, affiliates, employees.
Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Miscellaneous
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of VarStan to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and VarStan and govern your use of the Service, superceding any prior agreements between you and VarStan (including, but not limited to, any prior versions of the Terms of Service).