Effective Date: October 18, 2023
Last Updated: October 18, 2023
Ergedine Pericles, CPA, P.A. provides the Service to you in accordance with and subject to the following Terms of Service (these “Terms”). These Terms are part of the Agreement and set forth the terms and conditions under which you may use the Service in accordance with the Agreement and govern your access to and use of all software, mobile apps, websites and related services provided to you by Ergedine Pericles, CPA, P.A. (collectively, the “Services”).
For the purposes of this Terms reference to “we,” “us,” or “our” is a reference to Ergedine Pericles, CPA, P.A., and any reference to “you,” or “your” is a reference to the party or parties that have engaged us to provide services or visitors to the website. References to “Agreement” mean the engagement letter or other written document describing the scope of services.
1. Proprietary Nature of the Service
The Service and Platform are proprietary to, and valuable trade secrets of Ergedine Pericles, CPA, P.A. You acknowledge the Service contains proprietary content, information, and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, trademark, and service marks, and that you will only use such proprietary content, information, or materials for permitted uses under these Terms.
The Service is entrusted to you only for the purposes set forth in these Terms. You will not reverse engineer, duplicate, translate, modify, copy, printout, disassemble, decompile or otherwise tamper with the Service or any software provided therewith.
The parties acknowledge that any violation of this provision will cause irreparable harm to Ergedine Pericles, CPA, P.A. As a consequence, the parties agree that if you fail to abide by these Terms, Ergedine Pericles, CPA, P.A. will be entitled to specific performance, including immediate issuance of a temporary restraining order or preliminary injunction enforcing these Terms, and to judgment for damages caused by such breach, and to any other remedies provided by law.
2. Consent to Use of Data
Ergedine Pericles, CPA, P.A. uses data for its own internal purposes, including contacting you via email to inform you about updates to the Service and providing you with information relating to transactions that you conduct on the Ergedine Pericles, CPA, P.A.’s website.
Ergedine Pericles, CPA, P.A. may provide data to third parties who process it in accordance with Ergedine Pericles, CPA, P.A.’s instructions in order for Ergedine Pericles, CPA, P.A. to provide Services to you (including processing payments for use of the Service).
3. Content and Linking to Other Websites
The Service may enable access to Ergedine Pericles, CPA, P.A. The application may display, include, or make available content, data, information, applications or materials from third parties, including your data, or provide links to additional third-party websites. By using the Service, you acknowledge and agree that Ergedine Pericles, CPA, P.A. is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect of the third-party websites.
Ergedine Pericles, CPA, P.A. does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any data and materials on the websites. To the extent you choose to access such websites, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws.
Ergedine Pericles, CPA, P.A. reserves the right to change, suspend, remove, or disable access to the Websites at any time without notice. In no event will Ergedine Pericles, CPA, P.A. be liable for the removal of or disabling of access to any such websites. Ergedine Pericles, CPA, P.A. may also impose limits on the use of or access to certain websites, in any case and without notice or liability.
You agree to use the websites at your sole risk and that Ergedine Pericles, CPA, P.A. shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
3.1 Affiliate Partners
You may visit our Affiliate Partners Page to explore affiliate offers and/or click on affiliate links and make a purchase. When you do, we earn a commission at no extra cost to you. Some of the links on blog posts, newsletters, special reports, etc. may also contain affiliate links.
We are not responsible for the content or terms on third-party websites.
In the course of providing services to you, you may request referrals to products or professionals such as attorneys, brokers, or investment advisors. We may identify professional(s) or product(s) for your consideration. However, you are responsible for evaluating, selecting, and retaining any professional or product and determining if the professional or product meets your needs.
You agree that we will not oversee the activities of and have no responsibility for the work product of any professional or the suitability of any product we refer to you or that you separately retain.
We are not responsible for any services we perform that fail to meet the intended outcomes as a result of relying on the services of other professionals or products you may retain.
3.3 Blogs, Newsletters And Similar Communications
We may send newsletters, emails, explanations of technical developments or similar communications to you. These communications are of a general nature and should not be construed as professional advice.
We may not send all such communications to you. These communications do not constitute a client relationship with you, nor do they constitute advice or an undertaking on our part to monitor issues for you.
4. Electronic Data Communication And Storage
In the interest of facilitating our services to you, we may send data over the Internet, temporarily store electronic data via computer software applications hosted remotely on the Internet, or utilize cloud-based storage. Your confidential electronic data may be transmitted or stored using these methods. In using these data communication and storage methods, our firm employs measures designed to maintain data security. We use reasonable efforts to keep such communications and electronic data secure in accordance with our obligations under applicable laws, regulations, and professional standards.
You recognize and accept that we have no control over the unauthorized interception or breach of any communications or electronic data once it has been transmitted or if it has been subject to unauthorized access while stored, notwithstanding all reasonable security measures employed by us. You consent to our use of these electronic devices and applications during this engagement.
4.1 Client Portal
To enhance our services to you, we will utilize TaxDome, LLC and/or Negotiation Technologies, LLC a collaborative, virtual workspace in a protected, online environment. TaxDome, LLC and/or Negotiation Technologies, LLC permits real-time collaboration across geographic boundaries and time zones and allows Ergedine Pericles, CPA, P.A. and you to share data, engagement information, knowledge, and deliverables in a protected environment.
In order to use TaxDome, LLC and/or Negotiation Technologies, LLC you may be required by the provider of TaxDome, LLC and/or Negotiation Technologies, LLC to execute a client portal agreement and agree to be bound by the terms, conditions and limitations of such agreement. You agree that we have no responsibility for the activities of TaxDome, LLC and/or Negotiation Technologies, LLC, and agree to indemnify and hold us harmless with respect to any and all claims arising from or related to the operation of TaxDome, LLC and/or Negotiation Technologies, LLC.
Ergedine Pericles, CPA, P.A. is not a host for any of your information. You are responsible for maintaining your own copy of this information. We do not provide back-up services for any of your data or records, including information we provide to you. Portals are utilized solely as a method of transferring data and are not intended for the storage of your information. Information on a portal may be deleted by Ergedine Pericles, CPA, P.A.
If you decide to transmit your confidential information to us in a manner other than a secure portal, you accept responsibility for any and all unauthorized access to your confidential information.
4.2 Payments Processing
Our firm’s practice requires payment of the retainer upon execution of an Engagement letter. In order to pay for the services our firm will provide, you will be required to enter your first name, last name, email, phone number, billing address, credit card number, credit card expiry date, and card security code (CVC).
All payments are made using a secure https:// connection, and payment processing is handled through the “Third-Party Payment Processor” QuickBooks Payments, Stripe or Authorize.net., though this is subject to change without notice. The Third-Party Payment Processor currently accepts certain credit cards as payment options but these are subject to change without notice. Once transactions are accepted by the Third-Party Payment Processor, they are processed in accordance with their program rules and procedures and Terms of Service. Ergedine Pericles, CPA, P.A. and the Third-Party Payment Processor are unaffiliated companies and Ergedine Pericles, CPA, P.A. has no influence on the operations of the Third-Party Payment Processor.
Ergedine Pericles, CPA, P.A. shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of the Third-Party Payment Processor.
All Billing Information is collected by the Third-Party Payment Processor, on their own secured servers. Ergedine Pericles, CPA, P.A. does not have access to any credit card information, nor can it be responsible for any breach of information caused by faulty programming or malicious users on the servers of the Third-Party Payment Processor. Non-financial information will, however, be available to Ergedine Pericles, CPA, P.A. for invoice-making and record-keeping purposes.
4.3 Electronic Signatures And Counterparts
Each party hereto agrees that any electronic signature is intended to authenticate a written signature, shall be valid, and shall have the same force and effect as a manual signature. For purposes hereof, “electronic signature” includes, but is not limited to, a scanned copy of a manual signature, an electronic copy of a manual signature affixed to a document, a signature incorporated into a document utilizing touchscreen capabilities, or a digital signature. Documents may be executed in one or more counterparts, each of which shall be considered an original instrument, but all of which shall be considered one and the same agreement.
5. Consent to Electronic Communications
By registering to use the Service or Platform, or by sending emails, faxes, push notifications, or text or voice messages, you are communicating with us electronically. And in doing so, you expressly consent to receive communications from us electronically via email, fax, push notification, or voice or text message, whether pre-recorded or auto-dialed. We will communicate with you by the aforementioned Digital Means, or by posting notices on the Services or Platform.
You agree that all agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing. For the Services and Platform that integrate with mobile functionality, your carrier’s normal messaging; data, and other rates and fees will still apply.
6. No Rights Granted; Non-assignability
These Terms do not constitute a grant or an intention or commitment to grant any right, title, or interest in the Service or Ergedine Pericles, CPA, P.A.’s trade secrets to you. You may not sell or transfer any portion of the Service to any third party. You shall not identify the Service as coming from any source other than Ergedine Pericles, CPA, P.A. These Terms are exclusive and personal to you. You shall not assign or otherwise transfer any rights or obligations under these Terms.
7. Suggestions and Feedback
Ergedine Pericles, CPA, P.A. welcomes feedback or inquiries about the Service. If you elect to provide any feedback or comments of any nature to Ergedine Pericles, CPA, P.A., all feedback and comments shall be the sole and exclusive property of Ergedine Pericles, CPA, P.A., and Ergedine Pericles, CPA, P.A. shall have the right to use such feedback in any manner and for any purpose in its exclusive discretion without remuneration, compensation, or attribution to you. Ergedine Pericles, CPA, P.A. is under no obligation, however, to use such feedback.
8. Proprietary Information
You acknowledge that proprietary information, documents, materials, management techniques and other intellectual property are a material source of the services We perform and were developed prior to our association with you. Any new forms, software, documents or intellectual property We develop during this engagement for your use shall belong to us, and you shall have the limited right to use them solely within your business. All reports, templates, manuals, forms, checklists, questionnaires, letters, agreements, and other documents which we make available to you are confidential and proprietary to us. Neither you nor any of your agents will copy, electronically store, reproduce, or make available to anyone other than your personnel, any such documents. This provision will apply to all materials whether in digital, “hard copy” format, or other medium.
9. Intellectual Property Rights
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on https://ergedinepericlescpa.com are the registered and/or unregistered Trademarks of Ergedine Pericles, CPA, P.A., or such other third party that may own the displayed Trademarks.
Nothing contained on this Website or in these terms of service grants to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Website without the written permission of Ergedine Pericles, CPA, P.A. or such other third party that may own the displayed Trademarks.
9.2 Site contents and copyright
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Website (“Website Content”) are all subject to patent, copyright, trademark, and other intellectual property protection.
Website Content may not be copied for commercial use or redistribution, nor may Website Content be modified, processed, or reposted to other websites.
Access to and uses of this Website are solely for your purchase of our services or for personal use, information, education, and communication with Ergedine Pericles, CPA, P.A., or https://ergedinepericlescpa.com.
You may download, copy or print the Website Content of this Website for your personal non-commercial use only.
No right, title, or interest in any of the Website Content of this Website is transferred to you as a result of any downloading, copying, printing, or use of this Website.
All rights not expressly granted to you by these Terms are reserved by Ergedine Pericles, CPA, P.A.
9.3 Identification of agent to receive notification of claimed copyright or trademark infringement
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to the Service and is accessible in a way that constitutes copyright or trademark infringement, please contact Ergedine Pericles, CPA, P.A. by email at firstname.lastname@example.org.
10. Contact Information
For inquiries and questions, you can reach us at:
Mailing Address: Ergedine Pericles, CPA, P.A.
14681 Biscayne Blvd #215
North Miami, FL 33181
11. Changes to the Terms
Ergedine Pericles, CPA, P.A. reserves the right to update or modify these Terms at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms as modified. For this reason, we encourage you to review the Terms Policy each time you use this Website.
If you believe that our website has collected incorrect information or if you would like to dispute any information, please contact us using the following address:
Ergedine Pericles, CPA, P.A.
14681 Biscayne Blvd #215
North Miami, FL 33181