Terms of Service
ECO FINANCIAL TERMS OF SERVICE
Thank you for selecting the Services offered by Eco Financial Inc. and/or its subsidiaries and affiliates (referred to as “Eco Financial”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly, the “Services” is defined in Exhibit A to this Agreement. This Agreement is a legal agreement between you and Eco Financial. By clicking “I Agree,” indicating acceptance electronically, or by, installing, accessing, or using the Services, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Services.
This Agreement describes the terms governing your relationship with Eco Financial Services. It includes by reference:
- Eco Financials’ privacy Statement
- Additional terms and conditions, which may include those from third parties.
- Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, data processing agreements, etc.
You hereby declare that:
- You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:
- You can form a binding contract with Eco Financial;
- You are not a person who is prohibited from receiving the Services under the laws of the United States, or any other applicable jurisdiction; and
- You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including import and export regulations.
- Be sure that you carefully read and fully understand this Agreement.
- You may use ECO Financials products and Services only if you agree to all the terms of the Agreement.
- You are considered to have agreed to all the terms of the Agreement if you check your acceptance of the terms of the Agreement during the creation of your account, or if you otherwise access, copy, or use any Products and Services.
- You do not have the right to access and use the Products and Services if you do not agree to the terms of this Agreement.
- YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Eco Financial. Eco Financial reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Eco Financial grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services. ECO Financial grants you a non-exclusive, non-transferrable, non-sublicensable, and limited license to access and use the Products and Services for your individual personal and/or internal business purposes under the terms, conditions, and limitations set forth in this Agreement and upon payment of all applicable fees. ECO Financial reserves any and all rights not expressly granted to you in this Agreement.
2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give any part of the Services to any third party.
- Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.
- Decompile, disassemble, or reverse engineer the Services.
- Make the Services available on any file-sharing or application hosting service.
2.3 Your account.
- Creating your account. You will be required to register and create an account with us to access certain features of the Products and Services. You will be assigned or will select a username and password through the registration process. By creating an account, you consent to receive e-mail correspondence from ECO Financial regarding your account or your use of the Products and Services.
- Accurate information. By registering or creating an account to use the Products and Services, you represent and warrant that your information is true and accurate to the best of your knowledge. You agree not to submit false information such as name, email, address, or telephone number when registering for an account to use the Products and Services.
- Business Users. You represent and warrant through your registration and your use of the Products and Services that you have the authority of your company to participate and use the Products and Services on its behalf. Thus, you and your company are responsible for all activity occurring under your account.
For Services offered on a payment, percentage or subscription basis, the following terms apply, unless Eco Financial or its third party affiliate notifies you otherwise in writing. Exhibit A shall list the Services you requested and approved and the pricing you have agreed on for the service. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
- Payments will be billed to you in U.S. dollars (plus any and all applicable taxes, including without limitation VAT), as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
- You must pay with one of the following:
- A valid credit card acceptable to Eco Financial;
- A valid debit card acceptable to Eco Financial;
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
- By another payment option Eco Financial provides to you in writing.
- If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
- If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
- Eco Financial will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated under this Agreement.
- Additional cancellation or renewal terms may be provided to you on the website for the Services.
- Billing and Payment Terms. We shall invoice you for the Services and all costs payable hereunder in arrears on a monthly basis and Service Recipient shall remit full payment within five (5) days after the date of such invoice. Any late payment of an amount under this Agreement to be paid by the Service Recipient shall bear simple interest from and including the date such payment is due under this provision until, but excluding, the date of payment, at a rate per annum equal to the rate announced by Citibank, N.A. as its “Base Rate” plus two percent (2%).
- USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
ECO FINANCIAL MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
- THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
- ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
- ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
- DATA PROCESSING AND PRIVACY
Data Processing and Privacy. (a) Eco Financial is the controller of the personal information it processes about you when you use the Services and (b) You acknowledge that Eco Financial will process your personal information as described in our privacy statement when you use our Services.
- CONTENT AND USE OF THE SERVICES
- Responsibility for Content and Use of the Services.
- Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services (“Content”), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant Eco Financial a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Eco Financial is not responsible for any of your Content that you submit through the Services.
- You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages “flaming” others or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
- Except as permitted by Eco Financial in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
- Virus, Trojan horse, worm or other disruptive or harmful software or data; and
- Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.
6.2 Restricted Use of the Services.
You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of Eco Financial or could subject Eco Financial to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in Eco Financial’s opinion, is prohibited under this Agreement; (v) any other activity that places Eco Financial in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an Eco Financial system or network or to breach Eco Financial’s security or authentication measures, whether by passive or intrusive techniques. Eco Financial reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.
6.3 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Eco Financial does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Eco Financial is not responsible.
6.4 Eco Financial may freely use feedback you provide. You agree that Eco Financial may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Eco Financial a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Eco Financial in any way.
6.5 Eco Financial may monitor Content. Eco Financial may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect Eco Financial or its customers, or operate the Services properly. Eco Financial, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
- ADDITIONAL TERMS
7.1 Eco Financial does not give professional advice. Unless specifically included with the Services, Eco Financial is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other Eco Financial Services. You may be offered other services, products, or promotions by Eco Financial (“Eco Financial Services”). Additional terms and conditions and fees may apply. With some Eco Financial Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.
7.3 Communications. Eco Financial may be required by law to send you communications about the Services or third party products. You agree that Eco Financial may send these communications to you via email or by posting them on our websites
7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Eco Financial if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
- DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ECO FINANCIAL, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. ECO FINANCIAL AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 ECO FINANCIAL, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
- LIMITATION OF LIABILITY AND INDEMNITY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF ECO FINANCIAL, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, ECO FINANCIAL, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET ECO FINANCIAL SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF ECO FINANCIAL AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF ECO FINANCIAL, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold Eco Financial and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Eco Financial reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Eco Financial in the defense of any Claims.
- CHANGES.We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.
Eco Financial may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable Eco Financial policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with Eco Financial’s interests or those of another user of the Services. Upon Eco Financial notice that your use of the Services has been terminated you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Eco Financial’s rights to any payments due to it. Eco Financial may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
You may terminate the service by notifying ECO Financial of your wish to terminate the Service through a thirty (30) day’s notice of termination. If your Subscription is monthly the end of Service date shall be the first date after the end of the notice. If you have a fixed fee service, contingency fee service or hourly rate service, we will count the time and hours we have worked and you will be charged on an hourly bases. You should receive a bill within 30 days from the days of notification.
- EXPORT AND TRADE RESTRICTIONS.You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you and your personnel who use the Services are not prohibited from receiving the Services under the laws of the United States, England, Wales, or other applicable jurisdiction. For example, you are not on the U.S. Treasury Department’s list of Specially Designated Nationals or the United Kingdom HM Treasury Financial Sanctions List or are subject to any other similar prohibition. You will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
- GOVERNING LAW AND JURISDICTION. This Agreement will be governed by the laws of the State of Virginia, without regard to its conflicts of law principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of Eco Financial’s or its Suppliers’ intellectual property rights may cause Eco Financial irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that Eco Financial shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect Eco Financial’s rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of Virginia and you agree that you will procure that any third party making a claim against Eco Financial arising out of this Agreement shall bring such claim exclusively in the English courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.
Eco Financial does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. Eco Financial prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.
- LANGUAGE. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
- GENERAL.This Agreement, including the Additional Terms below, is the entire agreement between you and Eco Financial regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of Eco Financial. However, Eco Financial may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Eco Financial or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Eco Financial via an email to: info@ecoFinholdings.com.
ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES
Your use of the Services provided by Eco Financial are subject to the general Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. To the extent of any conflict or inconsistency with the general Terms of Service above, these Additional Terms and Conditions shall prevail.
Eco Financial Online Supplemental Agreement and Terms of Service
Thank you for selecting Eco Financial (“ECO FINANCIAL”). This license agreement in addition to the Eco Financial Terms of Service (the “Agreement”) is a legal agreement between the User, a single legal entity identified in the registration process provided as part of the start-up process (“User”, “you”), and Eco Financial Inc. and/or its subsidiaries and affiliates (“Eco Financial,” “we”, “our” or “us”).
By selecting “ACCEPT,” You indicate that you have read and understood, and assent to be bound by, the terms of this Agreement. If the person selecting “ACCEPT” is an individual working for you (“Agent”), such person is agreeing to the terms and conditions of this Agreement on behalf of you and represents and warrants to Eco Financial that he/she has full power and authority to enter into this Agreement on your behalf.
If you do not agree to the terms of the Agreement, you are not granted any rights whatsoever in the Services. If you are not willing to be bound by these terms and conditions, you should not select “ACCEPT,” and may not access or otherwise use the ECO FINANCIALs.
- SERVICES. Each of the following products and services are referred to in this Agreement as a “Service” and together as the “Services”:
1.1. Eco Financial. Eco Financial (“Eco Financial”) operates an online solution for businesses to perform accounting and business tasks through an online account (each a “Eco Financial”). Each Eco Financial Account may only be used to support one business.
1.2. Modification to Services. We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Services or to the Administrator’s (as defined below) email address. Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately, and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.
- SUBSCRIPTIONS AND USERS
The ECO FINANCIAL is licensed on a monthly or yearly subscription basis, as selected by you or your agent as the user.
- TRIAL VERSION AND BETA FEATURES
If you registered for a trial use of the ECO FINANCIAL (“Trial Period”), you must decide to purchase a license to the ECO FINANCIAL, at the current rate, within the Trial Period in order to retain any Content that you have entered through the ECO FINANCIAL, created within the data file, posted or uploaded during the Trial Period. If you do not purchase a license to the ECO FINANCIAL by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the ECO FINANCIAL during the trial period, if you decide not to purchase the license to the full version of the ECO FINANCIAL, you will not be able to access or retrieve any of the data you added or created with the Services during the trial.
From time to time, Eco Financial may, at its sole discretion, include new and/or updated beta features (“Beta Features”) in the ECO FINANCIAL for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and Eco Financial is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
- PERMITTED DISCLOSURES AND USE OF DATA.
You acknowledge and agree that in order to provide you with access to and use of the ECO FINANCIAL, Eco Financial may provide your access information and account data to (i) your employee or agent who is identified in the registration data as the current system administrator for your account (the “Current Administrator”), and (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by Eco Financial to effectuate such replacement. Any other person You identified as an authorized user of the ECO FINANCIAL will have access to the account data subject to the access permissions you or the system administrator assigned to them. Section 301-7216 of the Internal Revenue Code (Section 7216) specifically governs the use and disclosure of Tax Return Information. Some states may also have additional laws and regulations related to use and disclosure of the same information. We use your Tax Return Information only in accordance with those applicable laws and regulations to prepare and assist in preparing your tax return, to provide services associated with preparing your tax return, and to provide you with other products and services you specifically request or consent to.
We use the information you provide to complete purchases of products and services you request. As permitted by law, we may also use the information you provide to address questions submitted to our customer or technical support systems, to send updates or security alerts, marketing messages, or to provide notification of new products, services, enhancements, and promotions. We may use your information to show you relevant information and offer you related products and services.
Lastly, we also use the information we collect to monitor and investigate fraud, identity theft, and other illegal activity; to respond to subpoenas, court orders, and other legal requests; and to personalize and improve our services.
Unless allowed by applicable law (including Section 7216) and we have your consent, we do not:
- Sell or rent your personal information;
- Use Tax Return Information to market products or services unrelated to tax preparation; or
- Share your personal information with third parties for use in their own business.
Disclosure of Information
The privacy and security of your information is important to us. As indicated below, we may share your information to support the products and services you request, or provide your information to third parties, upon your specific consent, for products and services that may benefit you. For example, we may share your information with:
- IRS and State Revenue Authorities: We disclose Tax Return Information only in accordance with your requests, such as when filing a tax return with the IRS or state revenue authority.
- Public Authorities: TaxSlayer may be required to preserve and disclose personal information including Tax Return Information, and any part thereof, without your consent as provided by law, such as, to respond to lawful requests by authorities, including to meet national security or law enforcement requirements, a subpoena or court order, judicial process or bankruptcy proceedings, or regulatory authorities to protect against fraud and in compliance with the IRS Security Summit. We may also disclose your personal information when we believe disclosure is necessary to protect your rights and safety, or the rights and safety of others. We may disclose your information to federal, state, or local officials to assist in the investigation or prosecution of a crime. As permitted by law, we may disclose your information to the IRS and Information Sharing and Analysis Centers (ISACs) to prevent stolen identity refund fraud (SIRF) and as related to potential cyber security threats.
- Acquiring Businesses: Your information may be disclosed in connection with an actual sale, merger, acquisition, dissolution or transfer of all or a portion of our business or relevant operating unit. We reserve the right to transfer your information as part of the transaction. In such an event, you will be notified via email and/or a prominent notice on our website of any change in ownership, incompatible new uses of your personal information, and choices you may have regarding your personal information.
- Service Providers: In some cases, your information may be disclosed to our service providers to complete a product purchase, to fulfill a service you request, or to market one of our products or services. Our service providers include companies that use Web analytics software or tools, deliver downloadable products, offer online software applications, or send emails on our behalf. While these relationships may require us to share information, our service providers are strictly prohibited from using your information other than to act on our behalf. For more information about some of our service providers, please click here:
For a complete list of our service providers, please contact us at XXXXXXXX
- Joint Marketing and Custom-Label Partners: We may provide information to individuals or companies with whom we have a joint marketing arrangement and/or that custom-label our Platform. We require all marketing and customlabel partners to have written contracts with us that require them to safeguard your information and prohibits them from selling, retaining, using, or disclosing your information for any purpose other than for performing the contract. We only share Tax Return Information with custom-label partners as permitted between tax preparers under Section 7216.
- PERSONAL INFORMATION.
5.1 The terms “Controller,” “Processor,” “data subject,” “personal data (also referred to as Personal Information in the Agreement)” and “processing” (and “process“) shall have the meanings given in in this Agreement.
5.2 Our Role.
5.2.1 For Eco Financial Online users accessing the Services from the European Economic Area (“EEA”), we are a Controller of the Personal Information you provide through the Services. For US users we are a Controller of PII.
5.3 Personal Information. You represent and warrant to us that:
5.3.1 You will provide appropriate notice and have obtained (or will obtain) all consents and rights necessary for us to Process the Personal Information in accordance with this Agreement and our Privacy Statement.
5.3.2 If you are providing Personal Information to us that is not personal to you, you agree that you have either provided the data subject notice or received permission from the data subject and have the appropriate legal basis, as required by applicable law, for us to: (a) use, and/or disclose the personal information in accordance with our Privacy Statement; (b) move the data outside of the country of residence of such owner of the personal data, if applicable, pursuant to our Privacy Statement, (c) provide the Personal Information to Third Party Products that you approve, and (d) otherwise use and disclose the personal information in accordance with this Agreement; and
5.3.3 If there is any discrepancy between this Agreement and the Eco Financial Privacy Statement with respect the collection, use, and/or disclosure of the personal information, the Privacy Statement will control. You further acknowledge and agree that Eco Financial may provide data in your account to any Additional Users to which that data is applicable or personal to.
5.4 Public Content.
As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data (“Account Content”) with other Users, other Eco Financial customers, and other third parties. When sharing any Account Content, you agree not to share any confidential information. If you have the option of accessing another User’s Account Content, you understand and agree that the Account Content is being provided by the User, and not Eco Financial, for information and guidance purposes only, and Eco Financial and such User are not responsible in any way for your use the Account Content.
5.5 Telephone numbers.
You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that Eco Financial may use your telephone number for “multi-factor authentication” (“MFA”), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve Eco Financial sending text messages containing security codes to your telephone number. You agree to receive these texts from Eco Financial containing security codes as part of the MFA process. In addition, you agree that Eco Financial may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services. Additionally, Eco Financial may use your telephone number to contact you about special offers or other Eco Financial or third party products or services unless you opt out of such marketing. With MFA, you also agree and consent to us obtaining and using information from your mobile phone service provider, solely for the purposes of verifying your identity and to compare information you have provided to Eco Financial (such information may include from your mobile phone service provider account record: your name, address, email, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other mobile phone subscriber details).
- ACCESS TO YOUR FINANCIAL INSTITUTION SERVICES DATA.
6.1. General. In connection with your use of the ECO FINANCIAL and as part of the functionality of certain versions of the ECO FINANCIAL, you may wish to have access to your online account(s) and financial information, including your account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your financial institution(s) (collectively, your “FI Login Data”) and the data made available by your financial institutions(s) with such data, which may include bank balances, transaction activity, credit card charges, debits and deposits, and any messages or notices between you and the financial institution(s) (“FI Account Data”). The ECO FINANCIAL are designed to allow you to access and download your FI Account Data through the ECO FINANCIAL, to allow Eco Financial to access your financial institution account(s) using your FI Login Data, to allow Eco Financial to download and use your FI Account Data, and to allow Eco Financial to aggregate and combine your FI Account Data with other data. If you lose or forget your user name or password, it will be necessary for you to return to the appropriate financial institution if you have any problems with respect to that user name or password.
You acknowledge and agree that except as set forth this Agreement, Eco Financial has no control over your FI Login Data and no control over the access to your FI Account Data, does not guarantee that you will be able to use the ECO FINANCIAL with your financial institution(s), and will have no liability whatsoever for any actions or inactions on the part of the financial institution(s) resulting in your inability to use the ECO FINANCIAL to access your accounts, obtain data, download transactions, or otherwise use or access your FI Account Data.
6.2 Collection of FI Login Data and FI Account Data. By agreeing to these terms and conditions, you:
6.2.1 acknowledge that in accessing your financial institution account(s) through the ECO FINANCIAL, your FI Login Data and FI Account Data may be collected, converted, stored in encrypted form and used by Eco Financial in the United States for the purpose of providing the ECO FINANCIAL;
6.2.2 authorize Eco Financial to (i) collect and store in encrypted form your FI Login Data, (ii) access the financial institution(s)’ websites using your FI Login Data, from time to time; (iii) download and store your FI Account Data; (iv) reformat and manipulate your FI Account Data; (v) create and provide hypertext links to your financial institution(s) FI Account Data; (vi) enhance the type of data and services we can provide to you in the future, and (vii) take such other actions as are reasonably necessary to perform the actions described in this Agreement as it relates to your use of the \ ECO FINANCIAL;
6.2.3 hereby represent that the financial institution(s)’ account(s) and FI Login Data belong to you, you have the right to use the FI Login Data and FI Account Data as set out above and that you have the authority to appoint, and hereby expressly do appoint, Eco Financial as your agent with all necessary power and authority to use your FI Login Data and to access and retrieve your FI Account Data, as described above, on your behalf;
6.2.4 acknowledge that Eco Financial does not review your FI Account Data and agree that Eco Financial is not responsible for its completeness or accuracy;
6.2.5 acknowledge that any transactions or informational activities performed at any financial institution(s)’ website are not made through the ECO FINANCIAL and Eco Financial assumes no responsibility for any such transactions or activities; and
6.2.6 acknowledge that you are solely responsible for any charges, fees or costs associated with your financial institution account(s) when accessed through the ECO FINANCIAL by you or by Eco Financial.
6.3. Information from Financial Institutions’ Websites. You acknowledge that (i) some financial institution(s) may not permit Eco Financial or other third parties to have access to FI Login Data or to allow the ECO FINANCIAL to access your FI Account Data; (ii) financial institution(s) may make changes to their websites, with or without notice to you or Eco Financial, that may affect the overall performance of the ECO FINANCIAL and prevent or delay aggregation of data from such websites; and (iii) the ECO FINANCIAL refreshes your ECO FINANCIAL account data by collecting the FI Account Data automatically or manually (depending on your financial institution(s) or any changes by you that may require an update), so your most recent transactions may not always be reflected in the account balances or other account information presented to you by Eco Financial through the ECO FINANCIALs. If you see a discrepancy in your ECO FINANCIAL account data as compared to your FI Account Data, and in any case before making any transactions or decisions based on such account data presented in the ECO FINANCIALs, you should check the last refresh date for your financial institution account(s) and confirm the accuracy of the ECO FINANCIAL account data against your FI Account Data and manually update such data as necessary.
- ONLINE DATA TRANSFER (NOT APPLICABLE TO VERSIONS THAT DO NOT INCLUDE ACCESS TO THE ONLINE DATA TRANSFER FEATURE).
- ECO FINANCIAL USE, STORAGE AND ACCESS.
Eco Financial shall have the right, in its sole discretion and with reasonable notice posted on the ECO FINANCIAL site and/or sent to you at the Current Administrator’s email address provided in the Registration Data, to revise, update, or otherwise modify the ECO FINANCIAL and establish or change limits concerning use of the ECO FINANCIAL, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the ECO FINANCIAL at any time, and (ii) the number of times (and the maximum duration for which) you may access the ECO FINANCIAL in a given period of time. Eco Financial reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the ECO FINANCIAL to which such changes relate. Your continued use of the ECO FINANCIAL will constitute your acceptance of and agreement to such changes. Eco Financial may, from time to time, perform maintenance upon the ECO FINANCIAL resulting in interrupted service, delays or errors in the ECO FINANCIAL. Eco Financial will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
Upon cancellation you will be able to access the ECO FINANCIAL only through the end of the subscription term, as specified in the product or product program pages. After the subscription term ends, you will not have any access to the ECO FINANCIAL. There are no refunds upon cancellation. Please follow product instructions to cancel your account.
- THIRD PARTY PRODUCTS AND SERVICES.
Eco Financial may tell you about third party products or services, including via the Service. Eco Financial may offer products and services on behalf of third parties who are not affiliated with Eco Financial (“Third Party Products”) and/or provide access or links to third party websites (“Third Party Sites”). If you decide to use any Third Party Products or access any Third Party Sites, you are solely responsible for your selection, review of separate product terms, website terms and privacy policies. . Eco Financial is not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or associated with Eco Financial in any way. You agree that the third parties, and not Eco Financial, are solely responsible for the Third Party Product’s performance (including technical support), the content on their websites and their use or disclosure of your data. Eco Financial will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third Party Sites.
You agree that you will (i) comply with all applicable laws, regulation and ordinances; (ii) not use the Third Party Products in any manner that would infringe or violate the rights of Eco Financial or any other party; and (iii) not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.
- ACCOUNT INFORMATION SERVICES
12.1 Users of the ECO FINANCIALO Services may opt to use Account Information Services to automatically import transaction and other information (“transaction information”) into the relevant ECO FINANCIALO Account as an alternative to you manually entering this transaction information.
12.2 The Account Information Services as described in section 11.3 below are provided to you by Eco Financial Limited, 1 Cathedral Piazza, London, SW1E 5BP, United Kingdom. Eco Financial Limited is registered with the Financial Conduct Authority under the Payment Service Regulations
12.3 Account Information Services allows you to connect certain bank or other payment accounts you hold (“account”) with your ECO FINANCIALO Account to automatically import transaction information from that account. You can choose whether to connect with your bank account using the direct feed option or the web feed option.
(a) For the direct feed option, you will be required to complete either a customer authority form or follow your bank’s authentication process which instructs your bank (or other financial institution) to share transaction information with Eco Financial Limited. Your bank (or other financial institution) may request that you authorise this by completing its own authority as well or instead. Once authorised, your bank will provide Eco Financial Limited with transaction information. You hereby acknowledge that Eco Financial Limited will receive this information more than four times a day.
(b) For the web feed option we will request your online banking security credentials. Once we connect to your bank, our product downloads your transaction information automatically and securely. Each time you sign-in to your ECO FINANCIALO Account, we will use your stored online banking credentials to connect to your bank and download your transaction information so that you have the latest information. You may be required to submit additional credentials, such as from multi-factor authentication devices.
We will process the transaction information obtained from your bank and present this to you via your ECO FINANCIALO Account and, where relevant, any Additional Users that have been granted access to your ECO FINANCIALO Account in accordance with clause 19 or, if you have granted your accountant access to your ECO FINANCIALO Account via ECO FINANCIALOA, your accountant or financial advisor.
12.4 If you have a complaint relating to the Account Information Services you can contact us by telephone on XXXXXXXXX
12.5 If your complaint relates to Account Information Services and we do not resolve it to your satisfaction, you may be able to refer it to the ECO Financial. You can contact the ECO Financial by telephone on: XXXXXXXX on Monday to Friday, 8am to 8pm and on Saturday 9am to 1pm; or by email: XXXXXXXXXXX.
12.6 Eco Financial can, at its own discretion, block your account in case of any risk or event that can affect the security of your credentials or of your account content, it being specified that you will be informed as soon as possible in case such action has been taken.
12.7 In the event of any conflict with any other provision of this Agreement, the provisions of this Section 11 shall prevail as regards the provision of the regulated activity of Account Information Services.
12.8 The Agreement related to the provision of Account Information Services is entered into for an indefinite period of time. It shall enter into force as from the time you agree to it.
Governing Law and Arbitration. The validity, construction and performance of this Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia. All disputes, controversies or claims in connection with this Agreement or breach thereof, shall be finally settled in the Courts of Fairfax County.
PRODUCTS AND SERVICES FORM
The following Services have been ordered by you:
COMPENSATION< PRICING AND PAYMENT
Please choose one option:
We will charge you am hourly rate for our services, as well as for any out-of-pocket expenses we incur on your behalf (such as filing fees, charges, copying costs, postage, and related expenses). Our hourly fees are based on a variety of factors, including but not limited to: the time spent, the novelty and difficulty of the questions involved, the experience of the Service Provider rendering the services, and time limitations imposed by you or by the circumstances of the matter.
These rates are typically adjusted annually. Presently, our XXXXXX hourly rates range from $[amount] to $[amount]; our XXXX’ hourly rates range from $[amount] to $[amount];.
You agree to pay to ECO Financial an initial advanced deposit of $[initial deposit amount], which will be payable by [deadline for payment].
In the event of [XXXXXXXXXXXXX], the parties agree that the Firm shall receive a percentage of your gross recovery/ tax return/ grant apprval, depending on the stage at which we achieve our agreed upon service. Gross recovery means the total of all amounts received by XXXXXXXX. Specifically, Eco Financial shall receive: [percentage of gross recovery owed at each phase (e.g., “33 1/3 percent of any gross recovery of XXXXXXX”).].
We shall received an amount equal to $XXXXXXX for the Service. It shall be paid on XXXXX.
ECO FINANCIAL is licensed on a monthly or yearly subscription basis, as selected by you or your agent as the user.
Your Monthly Subscription shall be $XXXX
Your Yearly Subscription shall be $XXXXX
Subject to the terms and conditions of this AGREEMENT, your Services may be for a monthly / yearly subscription. The monthly subscription fee paid by the subscriber shall be the price for the Services stated above. The monthly subscription fee DOES NOT include any consultation for any addition matter not stated in the services list. Any addition request or consultation will be billed separately. Payment may be rendered by way of credit card exclusively and is due no later than the fifth (5th) business day of the month. The Subscription shall continue until terminated by either party for the next month or year accordingly.
CREDIT CARD / ACH PAYMENT AUTHORIZATION
Check One (1) and Enter Your Details
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☐ – Recurring Charge – You authorize regularly scheduled charges to your credit card or bank account. You will be charged the amount indicated below each billing period. A receipt for each payment will be provided to you and the charge will appear on your credit card or bank statement. You agree that no prior notification will be provided unless the date or amount changes, in which case you will receive notice from us at least 10 days prior to the payment being collected.
I, _______________________, authorize _________________________ to charge my
(Full Name) (Merchant’s Name)
Credit Card or Bank Account below for $________________ on the ______________
(Amount $) (day)
of each ________________.
(week, month, etc.)
This payment is for ________________________________.
(Description of Goods/Services)
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☒ – One (1) Time Charge – Sign and complete this form to authorize the merchant below to make a one-time charge to your credit card or bank account listed below.
By signing this form, you give us permission to debit your account for the amount indicated on or after the indicated date. This is permission for a single transaction only, and does not provide authorization for any additional unrelated debits or credits to your account.
I, _______________________, authorize _________________________ to charge my
(Full Name) (Merchant’s Name)
credit card or bank account indicated below for $_______________ on ____________.
(Amount $) (Date)
This payment is for ________________________________.
(Description of Goods/Services)
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Billing Address ___________________________ Phone # ______________________
City, State, Zip ___________________________ Email ________________________
Bank (ACH) Credit Card
☐ Checking ☐ Savings
Name on Acct _______________
Bank Name _______________
Account Number _______________
Routing Number _______________
☐ Visa ☐ MasterCard
☐ Amex ☐ Discover
Cardholder Name _______________
Account Number _______________
Exp. Date _______ / _______
I understand that this authorization will remain in effect until I cancel it in writing, and I agree to notify the merchant in writing of any changes in my account information or termination of this authorization at least 15 days prior to the next billing date. If the above noted payment dates fall on a weekend or holiday, I understand that the payments may be executed on the next business day. For ACH debits to my checking/savings account, I understand that because these are electronic transactions, these funds may be withdrawn from my account as soon as the above noted periodic transaction dates. In the case of an ACH Transaction being rejected for Non-Sufficient Funds (NSF) I understand that the merchant may at its discretion attempt to process the charge again within 30 days, and agree to an additional $_____ charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized recurring payment. I acknowledge that the origination of ACH transactions to my account must comply with the provisions of U.S. law. I certify that I am an authorized user of this credit card/bank account and will not dispute these scheduled transactions with my bank or credit card company; so long as the transactions correspond to the terms indicated in this authorization form.
AUTHORIZED SIGNATURE ___________________________ DATE _____________
PRINT NAME ___________________________