Modified October 2020
materials uploaded, downloaded, or appearing on the Services (as defined below).
1.1 Provision of Services
In consideration for our Services, for each company of yours that we do the books for, we charge either a yearly, quarterly or monthly retainer fees, 60% is payable before the start of your work and the balance upon receipt of your completed work. If you become more than 15 days delinquent in the payment of our bills, to the extent consistent with our professional responsibilities, we will perform no further services for you unless that delinquency is cured. All amounts unpaid after 45 days are subject to interest at 1% per month, calculated from the invoice date, on the total outstanding amount. If we are required to hire a debt collection company or legal counsel to collect your outstanding balanced owed, we shall have the right to collect from you reasonable costs, necessary disbursements and attorneys’ fees incurred in collecting.
If we increase our billing rates, you will be given at least 30 days written notice. You may choose not to consent to the increased rates and terminate Services as long as any remaining balance is paid in full.
1.3 Money Back Guarantee for Courses.
We offer a 90-day full money-back guarantee. Request must be submitted via email to email@example.com. Request must be submitted before 90 days from the day you receive your first full set of reports.
1.4 Data Storage
User acknowledges that data storage is not guaranteed Destiny Planners and may include the use of Dropbox and Google Drive and User agrees that Destiny Planners may not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that User may incur with respect to the loss or deletion of User Data.
1.5 Use of Destiny Planners Services
1.6 Remote Services
All Services provided are 100% digital and remote. Any documents received will be picked up and dropped off upon completion of the work.
Our responsibility is to assist you in maintaining proper accounting records for your business, but we are not responsible for the validity of the balances on your financial statements, and will make no. Our job is to simply code the financial transactions of the business based on your direction and input. Ultimately it is your responsibility to verify the correctness of the work we perform. We will make no attempt to adjust any data to suit you. It is your responsibility to pay your taxes on time. If we provide reports that contain financial information, these reports are for internal management use only. We have not been requested to discover errors, misrepresentations, fraud, illegal acts, or theft. Therefore, we have not included any procedures designed or intended to discover such acts, and you agree that we have no responsibility to do so. It is also solely your responsibility to maintain adequate backup to substantiate your financial statements in case of audit. For your information, adequate records are required to substantiate the business use of “listed property” (I.e., passenger cars or other property used in transportation, cellular phones, property of the type generally used for entertainment, recreation, or amusement, computers or peripheral equipment), traveling expenses (including meals and lodging away from home), entertainment expenses, and business gifts. No deductions for travel, entertainment, automobile expenses, cellular phone charges, etc., will be allowed unless adequate records, such as a log, are kept. All financials and documents provided should be reviewed by an auditor.
1.8 Third-Party Service Providers
Destiny Planners may from time to time, and depending on the circumstances, use third-party service providers in serving your account. We may also use third-party data companies, such as Dropbox and Google Drive, to store your financial information. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, Destiny Planners will remain responsible for the work provided by any such third-party service providers.
1.9 Account Registration & Termination
You may only have one Destiny Planners account for use of the Services. You may not create or use more than one account, and you may not share your account or any of the Services with others. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. You agree not to exchange personal information (email addresses, phone numbers, home address, etc.) to any other authorized users on the site. Also, Destiny Planners has the right to terminate your account for any reason at our sole discretion without notice and without liability.
1.10 Free Trials
Destiny Planners does not offer free trials.
1.11 Updates and Functionalities
You acknowledge that from time to time Destiny Planners may apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content). Excluding the addition of wholly new products, Destiny Planners shall provide, implement, configure, install, support, and maintain at its own cost any and all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to the Services (collectively, the “Updates”).
1.12 Acceptable Use
1.13 Fair Use Policy
Destiny Planners may suspend your access to the Services for abusive practices that degrade the performance of the Services for you and/or other Users of Destiny Planners.
You acknowledge that the rights granted to you under this Agreement are non-exclusive and that nothing in this Agreement will be interpreted or construed to prohibit or in any way restrict Destiny Planners’ right to license, sell, or otherwise make available the Services to any third party or perform any services for any third party.
2. Ownership and Confidentiality
2.1 Ownership Rights
As between the parties, Destiny Planners exclusively owns and reserves all right, title and interest in and to the Destiny Planners, Destiny Planners Properties and Destiny Planners’ Confidential Information. As between the parties, User exclusively owns and reserves all right, title and interest in and to the user data, user applications and user’s Confidential Information.
(a) Definition. “Confidential Information” means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. “Confidential Information” does not include any information which: (i) is publicly available through no fault of receiving party; (ii) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; (iii) was properly disclosed to receiving party, without restriction, by another person without violation of disclosing party’s rights; or (iv) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.
(b) Use and Disclosure. Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party’s prior written consent, except as otherwise permitted hereunder. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section. Either party may disclose the Confidential Information of the other party as required by law, upon prior written notice to the other party (where allowed by law); provided that such party will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law.
DESTINY PLANNERS HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES, OR SOFTWARE. DDESTINY PLANNERS’ SERVICES AND PROPERTIES ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT SUCH DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
4. Exclusion of Damages; Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL DESTINY PLANNERS BE LIABLE TO USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF DESTINY PLANNERS HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL DESTINY PLANNERS BE LIABLE TO USER FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY USER DURING THE TWELVE MONTHS PRECEDING THE INCIDENT OR CLAIM. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. THE DESTINY PLANNERS IS NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. NEITHER DESTINY PLANNERS NOR ITS REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS (AND USER WILL HOLD DESTINY PLANNERS HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE THE DESTINY PLANNERS TO CONTACT EMERGENCY SERVICES.
You may cancel at any time; however, unless Destiny Planners is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from you of an actual breach, identifying specifically the nature of the breach, you are not entitled to any refunds. If you cancel the Service before the end of your current paid-up subscription period, your cancellation will take effect immediately and you will not be charged again.
6. Indemnification; Disputes
6.1 Indemnification by User
User will defend, indemnify and hold Destiny Planners harmless against any actual or threatened claim, loss, liability, proceeding, third-party discovery demand, governmental investigation or enforcement action (“Claim”) arising out of or relating to user’s activities under this Agreement or user’s acts or omissions in connection with the provision of the User Application, including without limitation, any intellectual property claims.
6.2 Governing Law
This Agreement will be governed by the laws of Trinidad and Tobago.
User will not assign or otherwise transfer this Agreement, in whole or in part, without Destiny Planners’ prior written consent. Any attempted assignment, delegation, or transfer in violation hereof will be null and void.
7.2 Amendment; Waiver
No modification to this Agreement, nor any waiver of any rights, will be effective unless consented to in a writing signed by both parties. Any waiver of any breach or default by either party will not constitute a waiver of any other right or any subsequent breach or default. Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
Each party is an independent contractor in the performance of each and every part of this Agreement. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses arising in connection therewith and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of this Agreement. User does not have the authority to commit Destiny Planners in any way and will not attempt to do so or imply that it has the right to do so.
In the event that any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be limited or eliminated to the minimum extent necessary to render such provision enforceable and, in any event, the remainder of this Agreement will continue in full force and effect.
Any notice required or permitted to be given hereunder will be given in writing to the receiving party by personal delivery, certified mail, return receipt requested, or by overnight delivery. Destiny Planners may use User’s current address, as provided by User in connection with billing and payment activities. Destiny Planners’ current address may be found on its website.
7.6 Other Terms
This Agreement supersedes all prior and contemporaneous proposals, statements, sales materials or presentations and agreements, oral and written. No oral or written information or advice given by Destiny Planners, its agents or employees will create a warranty or in any way increase the scope of the warranties in this Agreement. There will be no force or effect to any different terms of any related purchase order or similar form even if signed by the parties after the date hereof.