Terms of Service

Terms of Service

The following Terms of Service must be approved by the Council before an installation can be scheduled. By using our software and services, you re-affirm these Terms. These Terms may change at any time, with or without notice. This online version of these Terms replaces any and all printed copies of the Terms.

Potential Variances Between Quote and Final Invoice

  • The actual invoice may vary if content or scope is materially different than presented during the initial interview.
  • Setup will complete with the data given at that time. Any data given later may be added using support hours.
  • Cancellation Policy: Down payment is completely refundable if cancellation is made 1 month or more prior to the scheduled starting date. 50% of down payment is refundable if cancellation is made 1 week or more prior to starting date. Down payment will not be refunded if cancellation is made within 1 week of the starting date.
  • Postponing Installation: postponing the installation may increase or decrease the data conversion charges on the invoice depending on how far away from the start of the fiscal year the postponement moves the dates. On top of this adjustment, there are no additional fees for postponing an installation 1 month or more prior to the scheduled starting date. There is a 10% additional fee for postponing 1 week or more prior to starting date. There is a 25% additional fee for postponing within 1 week of the starting date.

Terms of Payment

  • The entire quote, and terms, must be approved before the installation can be scheduled.
  • There are two payment methods available: 1/2 down, 1/2 on 1st day of orientation, or 25% down, 24 equal payments after 1st day of orientation. Payment method must be selected on the quote page and returned to ClerkBooks along with down payment in order to schedule your data conversion.
  • Once the down payment is received, the customer will gain access to the online training videos and cheat sheets.
  • Once the first day of orientation has been completed, an official invoice will be emailed. This invoice will reflect the actual due minus the down payment. If the amount varies from the quote, documentation will be included giving the reason for any discrepancy. The City may discuss with ClerkBooks the validity of the discrepancy before payment is made.
  • If payment is not received according to terms, ClerkBooks reserves the right to uninstall all software and remove associated data files. No refund of down payment will be made.

Standard of Care

  • We endeavor to provide services in good faith based on best practices as defined in GAAP and GASB recommendations as well as State Financial Guidelines and Ethics laws.
  • However, it is the responsibility of the Governing Body to oversee and approve the financials and financial systems in order to catch mistakes and prevent fraud.
  • Therefore, the Governing Body agrees to indemnify and hold harmless the firm and its personnel from any claims, liabilities, costs and expenses relating to our services under this agreement attributable to false or incomplete representations of management, except to the extent determined to have resulted from the intentional or deliberate misconduct of the firm’s personnel.

Software License

  • The customer is not purchasing the rights to the software, the customer is purchasing a license to use the software.
  • Software must be kept current including free updates and paid upgrades as they become available.
  • ClerkBooks can remove access to the software if the license agreement is not honored. The complete license agreement can be found at: https://wp.clerkbooks.com/about-clerkbooks/software-license-agreement/ and may change without notice.

Renewals

  • Renewals will be automatically deducted from your bank account. An invoice will be emailed to you a month before the deduction is made.
  • Renewal prices do not include installation services.
  • Installation services are optional and can be provided and billed by deducting from your support hours or billed separately.
  • Renewal prices shown may change each year based on Federal cost-of-living adjustments and/or addition of new features.

Support and Continuing Education

  • Support is purchased separate from software and is pre-paid in 5, 10, 20 or 40 hour packages.
  • Support prices shown may change each year. Previously purchased packages will not loose value when prices change.
  • Support time is deducted in 5 minute increments from available hours every time a support call is made or an email is answered.
  • Un-used support hours are non-refundable but never expire or loose value.
  • Support can be used for any questions related to software, hardware, accounting, clerical or administrative issues. We help setup networks and online backups, and can transfer files to new computers. We can answer any accounting question. We offer audit support prior to, during and after the audit. We offer grant writing and capital project administration support. We offer both live and webinar based Council training and staff continuing education.
  • Support can be used for any questions related to software, hardware, accounting, clerical or administrative issues. We help setup networks and online backups, and can transfer files to new computers. We can answer any accounting question. We offer audit support prior to, during and after the audit. We offer grant writing and capital project administration support. We offer both live and webinar based Council training and staff continuing education.
  • An available balance of pre-paid support hours are required to continue to use the software and the User Support website.

Governing Body Participation

  • You may participate in the setup, orientation or any support call at any time and may ask ClerkBooks any questions regarding the system or its use at any time. Your questions will deduct from available support hours the same as any questions presented by staff.
  • You are strongly encouraged to watch two 1 hour training videos on using the financials to make decisions, catch mistakes and prevent fraud. These videos are available once the down payment is received.

Cancellation of Agreement

  • Either party may cancel this agreement at any time for any reason upon formal or informal written notice.
  • If the Governing body terminates the agreement, any unused support hours will be forfeited.
  • Cancellation of the Agreement may cause loss of access to portions of the software and data.

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