We may use analytics such as Google Analytics to track and measure certain metrics associated with https://lendahandaccounting.com.
While we do frequently access QuickBooks Online data, we only store portions of the data that are absolutely necessary for us to provide accounting and bookkeeping services.
When you create an account on our client portal, we collect certain personally identifiable information such as your name, phone number, and email address.
We do not under any circumstances ask for or store any of your usernames or passwords for bank accounts, credit card accounts etc. It is your responsibility to access those accounts and provide requested data when necessary. In the limited circumstance of performing QuickBooks Desktop Conversion services, we may request credentials to access the backup file, for the limited purpose of performing the conversion service.
In situations where we are performing State tax services, we may need to speak with certain agencies on your behalf. We will provide the necessary documentation to allow us to perform in this capacity. Any access to tax accounts should be done via appropriate 3rd party access granting mechanisms. We will not request nor will we accept root user login credentials.
We use Stripe as our payment processor. We do not store your payment method information on our servers. Instead, we use Stripe, which has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry.
Security is a top priority at Lend A Hand Accounting LLC. We force HTTPS for all applications using TLS (SSL), including the website you are currently visiting. For our client portal at https://portal.lendahandaccountingapps.com, we use HSTS to ensure browsers interact with Lend A Hand Accounting LLC only over HTTPS.
All data collected and stored by Lend A Hand Accounting LLC is encrypted at rest with AES-256 level encryption.
We retain data for as long as necessary throughout the duration of your services with Lend A Hand Accounting LLC. You may request that we delete all associated data upon the termination of services.
We do not sell, rent, or otherwise distribute any of the data we collect from our clients.
Lend A Hand Accounting LLC Client Services Agreement
The Lend A Hand Accounting LLC Services Agreement (this “Agreement”) contains the terms and conditions that govern your access to and use of the Selected Services and General Services (as defined below) and is an agreement between Lend A Hand Accounting LLC (also referred to as “LHA,” “we,” “us,” or “our”) and you or the entity you represent (“you” or “your”). This Agreement takes effect when you click an “I Accept” button or check box presented with these terms or, if earlier, when you use any of the Selected Services or General Services (the “Effective Date”). You represent that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. Please see “Definitions” for definitions of certain capitalized terms used in this agreement.
1. Use and Delivery of Selected Services and General Services
1.1 Generally. You may access and use the Selected Services and General Services in accordance with this Agreement. Additional Service Terms apply to individual Selected Services and General Services. You will comply with the terms of this Agreement and all laws, rules, and regulations applicable to your use of Selected Services and General Services.
1.2 Your Account. Before we can provide Selected Services and/or General Services, you must have a LHA account associated with a valid email address and a valid form of payment. Certain General Services may not require a valid form of payment.
2.1 To Selected Services and General Services. We may change or discontinue any or all of the Selected Services and/or General Services or change or remove functionality of any or all of the Selected Services and/or General Services from time to time. We will notify you of any material change or discontinuation of any Selected Services or General Services.
3. Security and Data Privacy
3.1 Generally. We will implement reasonable and appropriate measures to secure Your Content against accidental or unlawful loss, access, or disclosure. We will not access or use Your Content except as necessary to maintain or provide the Selected Services and/or General Services, or as necessary to comply with the law or a binding order of a governmental body. Unless it would violate the law or a binding order of a governmental body, we will give you notice of any legal requirement order referred to in this Section 3.1.
4. Your Responsibilities
4.1 Your Accounts. You are responsible for all activities that occur under your account, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents or End Users), and we and our affiliates are not responsible for unauthorized access to your account.
4.2 Log-In Credentials. LHA log-in credentials generated for your account are for your internal use only and you will not sell, transfer or sublicense them to any other entity or person, except you may disclose your credentials to your agents and subcontractors performing work on your behalf.
5. Fees and Payment
5.1 Service Fees. We calculate and bill fees based on the monthly and one-time Selected Services. Recurring services are automatically billed and charged on a monthly basis. For one-time services, we generate and send you an invoice. Payment is due upon your receipt for all generated invoices.
5.2 Payment Processors. We use Stripe (https://stripe.com) and its affiliates to process Transactions (including subscriptions and invoices).
5.3 Taxes. Each party will be responsible, as required, under applicable law, for identifying and paying all taxes and other governmental fees and charges (any and all penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Agreement.
6. Temporary or Permanent Suspension
6.1 Generally. We may suspend your right to access or use any portion or all of the Selected Services and General Services immediately upon notice to you if we determine:
(a) your use of the Selected Services or General Services (i) poses a security risk to the Selected Services or General Services or any third party, (ii) could adversely impact our systems, the Selected Services or General Services, (iii) could subject us, our affiliates, or any third party to liability, or (iv) could be fraudulent;
you are in breach of this Agreement;
you are in breach of your payment obligations under Section 5; or
you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding.
7. Termination; Term
7.1 Term. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated under this Section 7. Any notice of termination of the Agreement by either party to the other must include a Termination Date that complies with the notice periods in Section 7.2.
Termination for Convenience. You may terminate this Agreement for any reason by providing us notice and closing your account for all Selected Services for which we provide an account closing mechanism. We may terminate this Agreement for any reason by providing you at least 30 days’ advance notice.
Termination for Cause.
By Either Party. Either party may terminate this Agreement for cause if the other party is in material breach of this Agreement and the material breach remains uncured for a period of 30 days from receipt of notice by the other party. No later than the Termination Date, you will close your account.
By Us. We may also terminate this Agreement immediately upon notice to you (A) for cause if we have the right to suspend under Section 6, (B) if our relationship with a third-party partner who provides software or other technology we use to provide the Selected Services or General Services expires, terminates or requires us to change the way we provide the software or other technology as part of the Services, or (C) in order to comply with the law or requests of governmental entities.
7.3 Effect of Termination. Upon termination, you remain responsible for all fees and charges you have incurred through the Termination Date.
8.1 General. You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any Losses arising out of or relating to any third-party claim concerning: (a) your use of the Selected Services and General Services (including any activities under your LHA account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you; or (c) a dispute between you and any of your contractors or agents. You will reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to any third party subpoena or other compulsory legal order or process associated with third party claims described in (a) through (c) above at our then-current hourly rates.
THE SELECTED SERVICES AND GENERAL SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SELECTED SERVICES AND GENERAL SERVICES, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT SELECTED SERVICES AND GENERAL SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.
10. Limitations of Liability
WE AND OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SELECTED SERVICES AND GENERAL SERVICES, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SELECTED SERVICES OR GENERAL SERVICES, OR, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SELECTED SERVICES OR GENERAL SERVICES FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SELECTED SERVICES OR GENERAL SERVICES; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION 9 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11. No Financial or Investment Advice
The Content is for informational purposes only, you should not construe any such information or other material as legal, tax, investment, financial, or other advice. Nothing contained on our Site constitutes a solicitation, recommendation, endorsement, or offer by LHA or any third party service provider to buy or sell any securities or other financial instruments in this or in in any other jurisdiction in which such solicitation or offer would be unlawful under the securities laws of such jurisdiction. All Content on the LHA Site is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing in the LHA Site constitutes professional and/or financial advice, nor does any information on the LHA Site constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. LHA is not a fiduciary by virtue of any person’s use of or access to the LHA Site or Content. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other Content on the LHA Site before making any decisions based on such information or other Content. In exchange for using the LHA Site, you agree not to hold LHA, its affiliates or any third party service provider liable for any possible claim for damages arising from any decision you make based on information or other Content made available to you through the LHA Site.
12. Modification to the Agreement
We may modify this Agreement (including any Policies) at any time by posting a revised version on the LHA site.
13.1 Assignment. You will not assign or otherwise transfer this Agreement or any of your rights and obligations under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Section 13.1 will be void. We may assign this Agreement without your consent (a) in connection with a merger, acquisition or sale of all or substantially all of our assets, or (b) to any Affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for LHA as a party to this Agreement and LHA is fully released from all of its obligations and duties to perform under this Agreement. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.
13.2 Your Participation. LHA will request you to provide documentation and records from time to time to effectively carry out the delivery of Selected Services and General Services. You agree to provide the requested information within a reasonable time frame.
13.3 Connect Accounts. LHA utilizes 3rd party cloud accounting software to facilitate the delivery of some Selected Services and General Services. LHA will request you to connect and/or reconnect your financial accounts to the 3rd party accounting software, from time to time, when necessary. You agree to promptly connect and/or reconnect financial accounts when requested.
13.4 Entire Agreement. This Agreement incorporates the Policies by reference and is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. We will not be bound by, and specifically object to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control, except that the Service Terms will control over this document.
13.5 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
13.6 Independent Contractors; Non-Exclusive Rights. We and you are independent contractors, and this Agreement will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party, and (b) to assist third party developers or systems integrators who may offer products or services which compete with the other party’s products or services.
13.7 No Waivers. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
13.8 Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.
14. Service Terms
14.1 Bank Feed Categorization
Additional services are required for accounts that are not connected to QBO. A surcharge applies to more than 9 accounts and for more than 100 transactions per month.
14.2 Reconciliation of Accounts
Additional services are required for accounts that are not connected to QBO. You must provide bank, credit card, and POS account statements for each reconciliation period. A surcharge applies to more than 9 accounts and for more than 100 transactions per month.
14.3 Financial Reports
Bank Feed Categorization and Reconciliation of Accounts services are required if you select this service. We will make reasonable efforts to enforce this requirement at the time of service selection. You will answer any outstanding uncategorized income or expense questions upon request. You will also provide Asset & Liability Information upon request. A surcharge applies to custom financial reports created outside of QuickBooks Online.
14.4 Custom Chart of Accounts
You will provide documentation for assets, liabilities, and equity transactions (Balance Sheet) upon request.
14.5 Products & Services Inventory-Setup or Review & Update
You will provide a list of products and services and/or inventory with item cost and sale price, if applicable and upon request.
14.6 Class-Setup or Review & Update
You will provide a list of classes and/or locations to add, edit or inactivate. If transactions need to be updated with new classes/locations a surcharge applies. Classes & locations are not available in the Essentials version. There is a maximum number of classes & locations combined allowed in the Plus version of 40. There is no limit to the number of classes & locations you can have in the Advanced version. A surcharge applies for more than 40 classes.
14.7 Accounts Receivable Clean-Up
You will provide a list of customers with outstanding balances that will not be paid with reasons upon request. A surcharge applies for more than 100 transactions.
14.8 Accounts Payable Clean-Up
You will provide a list of vendors with outstanding balances that will not be paid with reasons. A surcharge applies for more than 100 transactions.
14.9 Customer Deposit/Retainer Record Trust Account Creation
You will provide Customer deposit details, which may include a copy of a contract, estimate or quote. Alternatively, you will provide Trust account details. A surcharge applies to more than 5 deposit accounts or more than 1 trust account.
14.11 Customer Invoicing Plus Billable Time & Materials
You will provide customer, product, service, price, discount, payment, tax and sales information, plus time and material details, which can be done by identifying time and expenses in QBO by Customer, and providing markup % rate. All income/deposits and expenses must be entered into QBO. A surcharge applies for more than 10 invoices per month.
14.12 Vendor Setup Update & 1099 Preparation and E-Filing of annual 1099s
You will provide vendor details including completed vendor W-9 forms. You will pay the QuickBooks Online E-filing fees of $14.99+$3.99 EA. Paper 1099 forms are not provided. A surcharge applies to more than 50 vendors.
14.13 Customer Project Setup
You will provided complete project information. All income/deposits and expenses must be entered into QBO prior to service delivery. A surcharge applies to more than 5 projects.
14.14 Sales Receipts
You will provide customer, product, service, price, discount, payment, tax and sales information. A surcharge applies to more than 100 sales receipts.
14.15 Entering Point-Of-Sale (POS) or Booking Data
You will provide Excel csv download of data from each external booking or POS system. The data must include gross taxable and non-taxable sales, sales tax collected by city and state, credits, refunds, deposits, discounts, merchant processing fees, payment amounts, payment types and payment dates. A surcharge applies for more than 5 external POS or booking systems.
14.16 State B&O Tax Return – Monthly, Quarterly, Annually
You will sign state specific authorization forms and provide online tax account access for all applicable states. You will provide sales and tax information for service delivery. A surcharge applies for more than 4 State filings, or more than 1,000 sales transactions per month. City tax filings not included.
14.17 Good-Bookkeeping Audit & Cleanup
You will provide account statements and any other requested information for the audit period, including purchase receipts, check copies and data from bank accounts, credit card accounts and third-party applications. The audit period is limited to 12 months unless an additional service fee is paid. You will answer income and expense related questions. A surcharge applies to more than 9 accounts. Auditing of tax returns, quarterly filings, and payroll is not included with this service.
14.18 QuickBooks Online Full Service Payroll for 1-10 Employees
You will sign Confidential Tax Information Authorization form and provide employee hours, pay rates, salaries, deductions and owner draw information each pay period. This Selected Service does not include EFTPS (payroll tax) payment to the IRS. You will subscribe to QuickBooks Online with Full Service Payroll prior to service delivery. See Intuit for current rates. A surcharge applies for more than 10 employees.
14.19 Owner Salary Posting No EFTPS Payment
You will sign Confidential Tax Information Authorization form and provide salary and draw information. This Selected Service does not include EFTPS payment to the IRS. A surcharge applies for more than one owner.
14.20 Payroll Journal Entry Expense Recording
You will provide owner salary/draw and/or employee(s) pay information. A surcharge applies to more than 5 journal entries.
14.21 Advanced ProAdvisor Bookkeeping Support
Up to 2 hours of support services are provided during regular business hours and this service requires a QBO Accountant invitation. Monthly and one-time bookkeeping services are not included. A surcharge applies for more than 1 hour of support per month
14.22 Bookkeeper Backup and Accounting Support
Up to 2 hours of Bookkeeper accounting Support services are provided to an in-house Bookkeeper to advise them how to do specific bookkeeping tasks using QuickBooks Online during regular business hours and this service requires a QBO Accountant invitation. A surcharge applies to more than 2 hours of support per month. This service does not include accounting services
14.23 Managed QuickBooks Subscriptions
Our firm will manage and pay your QuickBooks Online Subscription under our Firm account and bill you with your monthly accounting services. The price is per subscription.
15.1 Selected Services. Selected Services are accounting and bookkeeping services you select from the client portal at https://portal.lendahandaccountingapps.com .
15.2 General Services. General Services are any services provided by Lend A Hand Accounting LLC that do not fall within the above definition of Selected Services. An example of a General Service is the Good-Bookkeeping Score application.
15.3 Specific services and terms are delineated in the “Service Terms” section.
15.4 “LHA Site” means “https://lendahandaccounting.com” or “https://portal.lendahandaccountingapps.com” and any successor or related site designated by us, as may be updated by us, from time to time.
Last updated November 14, 2019.