Terms and Conditions
1. General. These Terms and Conditions (the "Agreement") set forth the terms and conditions that apply to your use of the PABA Support Plan ("Plan"). So long as you have a valid subscription, the Plan includes 10% discounts on hourly bookkeeping rates. Service is not available for questions on QuickBooks for Macintosh.
Plan coverage is non-transferable and is valid for the Plan member only. Resale or transfer of membership rights in the Plan is strictly prohibited, and will constitute grounds for termination or non-renewal of Plan membership. During the Term, Plan members will receive support for an unlimited number of incidents.
For purposes of this Agreement, "incident" means (a) a single question on a specific bookkeeping topic (b) a product usage question that involves a single topic on a QuickBooks Product. PABA reserves the right to limit each support contact to 15 minutes and one incident.
PABA may also limit or terminate Plan support, or may elect not to renew Plan membership to any Plan member who uses the services in an irregular, excessive, abusive, or fraudulent manner, as determined by PABA in its sole discretion, or if PABA is unable to receive payment from your credit card company or from your checking account via ACH debit. PABA shall have the right to change or add to the terms of the Plan at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Plan (including but not limited to Internet-based services, pricing, technical support options, and other support-related policies) upon notice by any means PABA determines in its discretion to be reasonable, including sending you an email notification or posting information concerning any such change, addition, deletion, discontinuance or conditions in the Plan or on any PABA sponsored web site.
The Plan is not available to accountants, VARS, QuickBooks Professional Advisors or other parties using PABA Support Plan on behalf of multiple clients.
2. Support Availability. Support availability may occasionally deviate from published hours due to downtime for systems and server maintenance, company events, observed U.S. holidays, and events beyond PABA's control. Plan members may go to PABA Online Web site, complete the contact request form or email in order to talk to a support representative. If a toll-free phone number is provided, it can only be used by Plan members within the United States. PABA will not be responsible for long-distance telephone or internet charges incurred in connection with the use of the Plan.
3. Response Time Goal. PABA will attempt to respond to the member within then-current published response times, if any, subject to variations due to downtime for systems and server maintenance, company events, observed U.S. holidays, and events beyond PABA's control.
This Section 3 shall not be deemed a representation or warranty on PABA's behalf regarding the time within which a resolution, if any, may be available for any particular incident. No remedy is available for PABA's failure to meet the published response time goal.
4. Support Topic Limitations. Inquiries are limited to the following:
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General bookkeeping questions
General bookkeeping questions•QuickBooks product assistance, features and basic functionality
QuickBooks product assistance, features and basic functionalityThe Plan does not cover application consulting or training.The Plan does not cover questions on advanced accounting practices,or tax related questions.
Current QuickBooks Product Support. Plan support is available for currently supported U.S. versions of Windows based QuickBooks Pro, Premier , and Simple Start Accounting Software. We do not support Macintosh QuickBooks products. Support availability for any particular version of QuickBooks is subject to change at any time without notice.
Terms and Conditions
5. Term.
Monthly: Coverage begins on the date of purchase of the Support Plan. After the initial 30-days ("Term"), the Plan shall automatically renew for additional 30-day periods until either party delivers written notice of their intention not to renew the Agreement. Thirty (30) days after the initial Term, member is resonsible for logging into the member page and paying the monthly Plan fee for service to continue and member to receive uninterupted plan benefits.
You are responsible for making your monthly support plan payment, PABA does not retian your credit card or bank information . The Plan member may terminate this Plan by delivering written notice (5) days prior to the next payment date. If your Plan is terminated due to PABA being unable to receive payment from your credit card and you request reinstatement of your existing plan, PABA, in its sole discretion, may choose to reinstate your Plan provided you resubmit accurate credit card information and permit PABA to receive immediate payment for each month of missed payments in addition to the next monthly payment due.
6. Non-Renewal Policy. If a Plan member's use of support exceeds reasonable use of the Plan, as determined by PABA in its sole discretion, PABA may choose not to renew a Plan member's subscription at any time. If PABA chooses not to renew a Plan on the basis of unreasonable usage, such determination shall not be deemed to preclude you from purchasing support from PABA on a pay-as-you-go basis or under a limited incident plan, if available.
7. Miscellaneous. This Agreement (and any additional terms and conditions with which PABA supplements this agreement) is a complete statement of the agreement between you and PABA, and sets forth the entire liability of PABA and its Suppliers and your exclusive remedy with respect to the Plan. No other parties are authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on PABA. Any waiver of the terms herein by PABA must be in a writing signed by an authorized officer of PABA and expressly referencing the applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will be governed by California law as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Sonoma County, California. Headings are included for convenience only, and shall not be considered in interpreting this Agreement.
8. Privacy Practices. PABA may contact Support Plan customers by mail, phone, fax, or e-mail to confirm that their orders have been processed, to alert them about service-related issues, to notify them about changes to the support plan, to notify them when their plan is about to expire, to inform them of special offers that may interest them, and to measure their satisfaction with the PABA Support Plan. Pamela A Brewer and Associates does not share your information with outside companies for their promotional use.
9. Refund Policy.
Monthly Support Plan: A Plan member may cancel Support Plan during the first 30 days from the date of purchase and obtain a refund. The full Support Plan fee paid, less a $10 cancellation charge, will be refunded if the Plan member has made no use of the Plan support during the 30-day period. If the Plan member has used the Plan support during the 30-day period, Plan member will be liable for the full support fee plus a$10 cancellation charge. After the first 30 days, no refunds will be given.
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10. Termination. Your rights under this Agreement may be terminated by PABA immediately and without notice if you fail to comply with any term or condition of this Agreement. Any termination of this Agreement shall not affect PABA's rights hereunder.
11. Disclaimer of Warranties. PABA SUPPORT SERVICES ARE PROVIDED "AS IS." PABA HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, REGARDING THE SERVICES OR ANY RELATED MATERIALS, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, ACCURACY AND NON-INFRINGEMENT.
12. Limitation of Liability. THE ENTIRE LIABILITY OF PABA AND ITS SUPPLIERS FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PLAN DURING THE TERM IN WHICH ANY CLAIM ARISES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PABA AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF PABA OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DOES PABA ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN THE VERIFIED PLAN MEMBER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PABA AND YOU. PABA WOULD NOT BE ABLE TO HAVE PROVIDED THE SUPPORT SERVICES WITHOUT SUCH LIMITATIONS.
PAB-A Small Business Solutions
