Sundack CPA PLLC
Terms of Service
Last Updated: January 23, 2025
Please read these Terms of Service (“Agreement”) carefully. This Agreement constitutes a binding contract between the user who accepts this Agreement (“Customer”) and Sundack CPA PLLC, a professional limited liability company with its principal office at 425 Broad Hollow Rd, Ste 115 – Melville, NY 11747, (“Sundack CPA”). This Agreement governs your access to the Sundack CPA website at https://sundackcpa.com (“Site”) and the use of services (“Sundack CPA Services”) available through the Site or any associated applications (collectively, the “Services”).
By checking an opt-in box, clicking “I accept,” or otherwise accepting this Agreement on the sign-up page, accessing content on the Site, or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you use the Services on behalf of an entity, partnership, or organization, you represent that you are authorized to bind that entity to this Agreement. If you do not agree to the terms of this Agreement, you may not use the Services.
Sundack CPA reserves the right to change, modify, or update this Agreement or any related policies at any time. If changes are made, Sundack CPA will make reasonable efforts to notify users through the Site or other appropriate channels. Continued use of the Services after updates are posted will constitute your acceptance of the revised Agreement. Please review this Agreement periodically to stay informed of any changes.
ARBITRATION NOTICE
Except for certain disputes described in the Arbitration section, all disputes under this Agreement will be resolved by binding individual arbitration. BY ACCEPTING THIS AGREEMENT, YOU AND SUNDACK CPA WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. SEE THE ARBITRATION SECTION BELOW FOR DETAILS.
1. Services
The Services provided by Sundack CPA may include:
- Bookkeeping, accounting data storage, and processing.
- Financial reporting and analysis.
- Tax preparation and support services, which may involve third-party tax preparers (“Tax Services”).
- Facilitation of communication between Customers and third-party service providers (“Third-Party Providers”) based on Customer instructions.
Sundack CPA grants Customers a limited, non-exclusive, non-transferable, and revocable license to access and use the Services during the term of this Agreement. Sundack CPA retains all rights, title, and interest in and to the Services, including all intellectual property.
Financial Transactions: Sundack CPA does not process financial transactions directly. Customers may use the Services to transmit instructions to Third-Party Providers. Sundack CPA is not responsible for financial transactions or their outcomes.
Errors: Customers must notify Sundack CPA promptly of any errors in the Services. While Sundack CPA will make reasonable efforts to address errors, resolution cannot be guaranteed.
Tax Services: Customers must provide necessary authorizations to enable Sundack CPA or third-party providers to access tax information. Sundack CPA is not liable for errors by third-party tax preparers.
2. Customer Accounts
Customers will be provided with access to a unique account (“Account”). Customers are responsible for:
- Maintaining the confidentiality of their credentials.
- Ensuring the accuracy of information in their Account.
- Assuming responsibility for actions and preferences configured within their Account, even if they result in losses.
3. Limitations on Use
Customers agree not to:
- Use the Services for illegal or unauthorized activities.
- Access restricted areas of the Services without permission.
- Reverse engineer, tamper with, or exploit the Services.
- Transmit harmful or malicious code.
- Misuse the Services in ways that may harm Sundack CPA, its partners, or users.
4. Intellectual Property Rights
All intellectual property in the Services, including trademarks, copyrights, and proprietary information, belongs to Sundack CPA or its licensors. Customers are granted a limited license to use the Services as described but may not copy, distribute, or create derivative works without prior written consent.
5. Customer Data and Privacy
Sundack CPA collects and processes Customer Data to provide and enhance the Services. Customers retain ownership of their data but grant Sundack CPA a license to use it as outlined in this Agreement and the Privacy Policy.
Sundack CPA employs reasonable security measures to protect Customer Data but cannot guarantee complete security. Customers are responsible for backing up their data and securing their devices.
6. Fees and Payments
Customers agree to pay all applicable fees for the Services. Fees are non-refundable unless explicitly stated otherwise. Sundack CPA reserves the right to modify fees with reasonable notice. Customers authorize Sundack CPA to charge stored payment methods for recurring or one-time payments.
7. Indemnification
Customers agree to indemnify and hold Sundack CPA harmless from claims, damages, or liabilities arising from:
- Breaches of this Agreement.
- Violations of laws or third-party agreements.
- Misuse of the Services or Customer Data.
8. Term and Termination
This Agreement begins upon acceptance and continues as specified during account creation. Either party may terminate this Agreement with notice. Upon termination, access to the Services will cease, but obligations such as payment of outstanding fees will survive.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SUNDACK CPA DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. Limitation of Liability
SUNDACK CPA’S LIABILITY FOR DAMAGES ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY THE CUSTOMER IN THE THREE MONTHS PRIOR TO THE CLAIM. SUNDACK CPA IS NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
11. Governing Law and Arbitration
This Agreement is governed by the laws of the State of New York, USA. Any disputes will be resolved exclusively through binding arbitration administered by an agreed-upon arbitration provider. The arbitration will take place in Nassau County, New York, USA, and the arbitrator’s decision will be final.
By agreeing to this Agreement, you waive the right to a trial by jury or participation in a class action.
12. General Provisions
- Entire Agreement: This Agreement and the Privacy Policy constitute the entire agreement.
- Force Majeure: Sundack CPA is not liable for delays caused by events beyond its control.
- Severability: If any provision is invalid, the remaining provisions remain enforceable.
- Assignment: Customers may not assign this Agreement without Sundack CPA’s consent.
For questions or concerns, contact Sundack CPA PLLC