Booksmrt

Legal

Terms of Service

Last updated: May 2025

Template notice: This is a starting template — have it reviewed by a lawyer before launch. It does not constitute legal advice and may not be enforceable as written in all jurisdictions.

1. Agreement to terms

These Terms of Service ("Terms") constitute a binding agreement between you ("Client") and Booksmrt ("Booksmrt," "we," "us"). By signing an engagement, creating a client portal account, or making a payment, you agree to be bound by these Terms.

2. Services

Booksmrt provides done-for-you bookkeeping services for online businesses, including but not limited to:

  • Monthly bookkeeping: account reconciliation, transaction categorisation, and financial report delivery.
  • Cleanup projects: correction of historical books, reclassification, and reconciliation of prior periods.
  • Catch-up bookkeeping: reconstruction of records for one or more unprepared periods.
  • Year-end tax packages: compilation of tax-ready financial documents for your accountant or CPA.
  • Integration setup: connection and configuration of accounting software to payment processors and sales platforms.
  • Add-on services: sales tax tracking, inventory management, depreciation scheduling, as quoted separately.

The specific services, deliverables, and timelines for your engagement are defined in your individual service quote and client onboarding checklist. In the event of conflict between these Terms and your engagement quote, the quote prevails.

Booksmrt does not provide tax advice, legal advice, financial planning, or investment advice. Our services are limited to bookkeeping and financial record-keeping. For tax preparation, tax planning, or legal matters, you should engage a licensed CPA, tax professional, or attorney.

3. Pricing and custom quotes

Booksmrt does not publish flat-rate pricing. All engagements are quoted individually based on your transaction volume, number of accounts, platform integrations, cleanup scope, and selected add-on services.

Your quote will specify:

  • A one-time cleanup fee (if applicable), billed upfront before work begins.
  • A monthly retainer, billed on a recurring monthly basis via Stripe.
  • Any separately scoped add-on fees.

All prices in your quote are fixed for the initial engagement term. We will not increase your monthly retainer without providing at least 30 days advance written notice.

4. Billing and payment

4.1 Cleanup fee

If a cleanup project is included in your engagement, the cleanup fee is billed upfront and due before the cleanup phase begins. Work will not commence until the cleanup fee payment is confirmed.

4.2 Monthly retainer

Your monthly retainer is billed on a recurring basis via Stripe. Billing begins on the date your monthly engagement starts (as defined in your engagement quote) and auto-renews monthly until cancelled in accordance with Section 5.

4.3 Failed payments

If a payment fails, Stripe will retry the charge automatically. If payment is not resolved within 7 days of the original due date, we reserve the right to pause services until your account is current. Continued non-payment may result in termination of the engagement.

4.4 Refunds

Monthly retainer payments are non-refundable. Cleanup fees paid for work that has not yet commenced may be refunded upon written request within 5 business days of payment, minus any assessment or onboarding time already invested.

5. Cancellation

Either party may cancel the ongoing monthly engagement with 30 days written notice. You may cancel by emailing us at the address in Section 12 or through the billing portal in your client account.

Upon cancellation:

  • We will complete any in-progress work through the end of the current billing period.
  • Your portal access will remain available for 90 days to retrieve your documents and reports.
  • We will provide a final export of your files upon request.

We reserve the right to terminate the engagement immediately if you are in material breach of these Terms (including non-payment) and have not cured the breach within 7 days of written notice.

6. Client responsibilities

You agree to:

  • Provide accurate, complete, and timely financial documents (bank statements, credit card statements, receipts) as requested.
  • Notify us promptly of material changes to your business that may affect your books (new accounts, new sales channels, changes in revenue structure).
  • Not withhold or misrepresent information that is material to the accuracy of your financial records.
  • Ensure that you have the legal right to share any documents or data you provide to us.
  • Maintain the security of your client portal login credentials.

Booksmrt is not responsible for errors or inaccuracies resulting from incomplete, inaccurate, or late information provided by the client.

7. Not tax or legal advice

Booksmrt provides bookkeeping services — the accurate recording and organisation of your financial transactions. We do not provide:

  • Tax preparation, tax filing, or tax planning services.
  • Legal advice of any kind.
  • Financial planning or investment advice.
  • Audit, attestation, or assurance services.

Nothing in our deliverables should be construed as tax advice. You are responsible for engaging a licensed CPA or tax professional to prepare and file your tax returns and to advise on tax strategy.

8. Intellectual property

You retain ownership of all financial documents, data, and records you provide to us. Reports, financial statements, and other deliverables we prepare for you are yours upon payment. Booksmrt retains ownership of our internal processes, templates, workflows, and software.

9. Limitation of liability

To the maximum extent permitted by applicable law, Booksmrt's total liability to you for any claim arising out of or related to these Terms or our services shall not exceed the total fees paid by you to Booksmrt in the 12 months immediately preceding the claim.

Booksmrt shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or business interruption, even if we have been advised of the possibility of such damages.

These limitations apply to all claims, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Booksmrt has been informed of the possibility of such damage.

10. Indemnification

You agree to indemnify, defend, and hold harmless Booksmrt and its team members from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your breach of these Terms, your misuse of our services, or your provision of inaccurate or incomplete information.

11. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of the State of [State], without regard to conflict-of-law principles. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in [County, State].

[Replace the bracketed state and county with your actual business location before launch — consult a lawyer.]

12. Changes to these Terms

We may update these Terms from time to time. We will notify active clients of material changes by email at least 14 days before they take effect. Continued use of our services after that date constitutes acceptance of the updated Terms.

13. Contact

Questions about these Terms? Contact us at:

christian@booksmrt.co