NFP SmartStart by Chazin & Company
NFP SMARTSTART BY CHAZIN & COMPANY
TERMS AND CONDITIONS
Last Updated: January 10, 2022
This document summarizes the salient points of our Terms and Conditions.
BY PURCHASING SERVICES, OR BY PROVIDING ANY FEEDBACK TO US, YOU AGREE TO BE BOUND BY THE TERMS OF THESE AGREEMENTS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE SERVICES OR PRODUCTS, OR SUBMIT ANY FEEDBACK TO US.
If you have any questions regarding any of these policies or purchases made through our Site, please email us at firstname.lastname@example.org.
1. Pricing; Proration; Taxes
All prices are shown in U.S. dollars (except where otherwise noted) and any taxes or processing charges are additional. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates.
You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees if they are later determined to be payable. NFP SmartStart by Chazin & Company reserves the right to collect such taxes or other fees from you at any time.
Automatic Renewal – Each subscription is an automatically recurring billing cycle that renews monthly or annually, depending on the subscription purchased. The renewal price will be the price as agreed to at the time of initial purchase, inclusive of any discounts and special offers, unless a price increase has been announced.
Price Increases – In the event that the price of one or more subscription options is increased, an announcement will be sent to all affected subscribers at least 30 days in advance of the effective date of the price increase.
Grandfathered Pricing – If you choose to cancel your subscription, and your renewal price at the time of cancellation is lower than the current listed price for your subscription (a “grandfathered” price), the lower renewal price will no longer be available to you. If you choose to renew your subscription after it has been cancelled and your subscription has expired, you will be charged the current listed price for a new subscription. We cannot apply older or grandfathered pricing to your new subscription purchase.
Subscription Limits – If your usage of our services exceeds the number of purchased hours for a subscription period, you will be prompted to purchase additional hours for that period. If you choose not to purchase additional hours, you will be charged an overage fee each period that your usage exceeds the hour limit for your plan.
Only valid credit cards and other payment methods acceptable to us may be used to purchase services or products through the Site. By submitting an order through the Site, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us to charge that card or other payment method for your monthly or annual subscription amount on a monthly or annual basis (including taxes, any amounts described on the Site). When you provide your payment information, you authorize us (or a third-party service provider working on our behalf) to process and store your payment and other related information. If the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter to proceed with your order.
YOU EXPLICITLY ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS AUTOMATICALLY RENEWING UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO OUR SERVICES IN ACCORDANCE WITH THIS AGREEMENT.
If you add subscriptions at any time, the subscription periods for each of those subscriptions will begin on the date of purchase, at which time you will be charged the applicable price, and your payment card or other payment method provided will be charged automatically on an annual or monthly basis depending on the terms of your subscriptions thereafter for those subscriptions, in accordance with this Section 2.
Each monthly subscription will renew monthly on the anniversary of purchase, and every month thereafter, unless cancelled in accordance with Section 3. Each annual subscription will renew annually on the anniversary of purchase, and every year thereafter, unless cancelled in accordance with Section 3.
3. Cancellations & Refunds
You may cancel any or all your subscriptions by logging into your account at https://www.chazinandcompany.com/login/, going to the My Account page, clicking the cancel button, and following the instructions provided. If you cancel any or all your subscriptions, such cancelled subscriptions will terminate at the end of the current subscription period. You will be able to access our services until the end of the current subscription period.
Refunds will not be provided for partial or unused subscription periods.
4. Site Content
Our Site and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, Site marks, logos, slogans and other content contained therein (collectively, the “NFP SmartStart by Chazin & Company Content”) are owned by or licensed to NFP SmartStart by Chazin & Company and are protected under both United States and foreign laws. Any use of our Site or NFP SmartStart by Chazin & Company Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited.
6. Transfer and Processing of Data
NFP SmartStart by Chazin & Company is based in the United States and the information we collect is governed by U.S. law. By accessing or using the services or otherwise providing information to us, you consent to the processing, transfer and storage of information in and to the U.S. and other countries, where you may not have the same rights and protections as you do under local law.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about NFP SmartStart by Chazin & Company or the Service (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the NFP SmartStart by Chazin & Company services at our sole discretion. You understand NFP SmartStart by Chazin & Company may treat Feedback as non-confidential.
8. Limited Warranty
All services or products made available through the site are provided “as is.” We cannot guarantee and do not promise any specific results from the use of services or products. We do not represent that our site is free of viruses or other harmful components; therefore, you should exercise caution in the use and downloading of any content or materials and use industry-recognized software to detect and disinfect viruses.
9. Limited Liability
NFP SmartStart by Chazin & Company services are not designed to detect or disclose fraud. Similarly, in performing our services we will be aware of the possibility that illegal acts may have occurred. However, it should be recognized that our services provide no assurance that illegal acts generally will be detected. We will inform you with respect to errors and fraud or illegal acts that come to our attention during the course of performing our services unless clearly inconsequential. If we have to consult with counsel regarding any illegal acts we identify, additional fees incurred may be billed to the Organization. You agree to cooperate fully with any procedures we deem necessary to perform with respect to these matters.
We agree to take reasonable steps to protect your confidential information and to use the confidential information only in connection with performing the NFP SmartStart by Chazin & Company services.
NFP SmartStart by Chazin & Company will not be liable to you for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if NFP SmartStart by Chazin & Company has been advised of the possibility of such damages. NFP SmartStart by Chazin & Company shall have no liability of any kind for the use of or inability to use the services or products that the site is intended to access, or for any loss of data. In no event shall the aggregate liability of the NFP SmartStart by Chazin & Company parties exceed the amount paid by you to NFP SmartStart by Chazin & Company in the twelve (12) months preceding the event giving rise to any applicable claim.
In conjunction with providing these services, we may use third party software or templates created by NFP SmartStart by Chazin & Company for use on third party software. Management expressly agrees that the Organization has obtained no rights to use such software or templates and that NFP SmartStart by Chazin & Company use of the Organization’s data in those applications is not deemed to be hosting, maintaining custody, providing business continuity, or disaster recovery services.
10. Management’s Responsibility
For all services we perform in connection with a subscription, you are responsible for designating a competent and trusted employee or representative to oversee the services, make any management decisions, perform any management functions related to the services, evaluate the adequacy of the services, retain relevant copies supporting your books and records and accept overall responsibility for the results of the services.
You are expected to retain anything you upload to a NFP SmartStart by Chazin & Company portal and are responsible for downloading and retaining anything we upload in a timely manner. Portals are only meant as a method of transferring data, are not intended for the storage of client information, and may be deleted at any time. You are expected to maintain control over your accounting systems to include the licensing of applications and the hosting of said applications and data. We do not provide electronic security or backup services for any of your data records. Giving us access to your accounting system does not make us hosts of information contained within.
11. Non-Solicitation of Chazin & Company Employees
We value our clients as well as our employees. We have spent a great deal of time and resources to locate, train, and retain our employees. We respectfully request that you do not solicit our employees to work for you. You agree that you will not, during the term of this agreement, or within two years of this agreement’s termination date, hire any current or recent (within the last six months) employees of Chazin & Company. If you do hire any current or recent (within the last six months) employees of Chazin & Company during the term of this agreement, or within two years of this agreement’s termination date, you will be liable for a finder’s fee equal to forty-five thousand dollars ($45,000.)
NFP SmartStart by Chazin & Company may terminate this Agreement at any time, with or without cause, immediately upon notice to you. NFP SmartStart by Chazin & Company may also discontinue the Service at any time, in which case this Agreement shall terminate automatically without notice. You may terminate this Agreement by ceasing use of the Service and cancelling any account you may have with us. The Cancellations and Refunds policy in section 3 will be in effect.
13. Governing Law and Venue
These Terms and Conditions and your access to and use of our Site will be governed by and construed and enforced in accordance with the laws of Maryland, without regard to conflict of law, rules or principles (whether of Maryland or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Maryland and the United States, respectively, sitting in Montgomery County, Maryland.
We reserve the right to change or modify the current Terms and Conditions with no prior notice.