Terms of Service

This page includes our legal Terms of Service (the first section below), and then an important How We Work guidelines document, which outlines a lot of important expectations of our partnership with our clients. Please read this page in its entirety, and please note we reserve the right to update this page from time to time


Terms of Service

SYSTEM SIX BOOKKEEPING, LLC

GENERAL TERMS AND CONDITIONS

These general terms and conditions (the “Terms”) are a legal agreement between You (“You” or “Your”) and System Six Bookkeeping, LLC (“System Six”). You and System Six are each a “Party” and collectively referred to as the “Parties.” These Terms govern the services provided by System Six, which may include, but are not limited to, managed accounting, finance, and consulting services (the “Services”) as detailed in a mutually executed sales proposal (“Proposal”) and any applicable addenda. The Proposal, these Terms and any applicable addenda collectively constitute the “Agreement.” In the event of conflict between the Proposal, these Terms, and any applicable addenda, the Proposal shall prevail.

Please read these Terms carefully. By entering into a Proposal or accessing and using System Six services, You indicate Your acceptance of these Terms as published by System Six. System Six reserves the right to update the Terms at any time with 30 days notice. Please review the Terms regularly to ensure You are aware of any changes. Your continued use of the Services after changes have been made to the Terms indicates Your agreement to be legally bound by the updated Terms. If You do not accept these Terms, please do not use the Services.

PRICING AND PAYMENT TERMS

Pricing. Subject to these Terms, You shall pay System Six the fees outlined in the Proposal (the “Pricing”). System Six reserves the right to adjust the Pricing at any time in its sole discretion with at least 30 days notice. Pricing is increased at least annually, and additionally as needed for scope, volume, or any other reasons. System Six shall provide notice of any such adjustments to You, and such adjustments shall become effective upon the date specified in the notice. We are happy of course to discuss all price increases, but reserve the right for them to go into effect with 30 days notice.

Fixed Fee Recurring Payment Terms. If System Six performs Services on a fixed-fee recurring basis, the Pricing and payment schedule will be outlined in the Proposal. You agree that System Six will have the right and authorization to initiate payment for the fee from your designated bank or credit account by an electronic funds transfer (“EFT”). You acknowledge and agree that you will be charged the amount indicated on the Proposal or as subsequently adjusted for each billing period. You agree that no prior notification will be provided to You for each scheduled payment. Additionally, You may be responsible for credit card transaction fees, where permitted by law, but you will be informed of such responsibility.

Hourly Time and Materials Payment Terms. Hourly Time and Materials Services will be invoiced monthly in arrears at the agreed upon Pricing in the Proposal. Invoices are due upon receipt. Any invoices that are unpaid ten (10) days from the date of invoice receipt will be automatically processed for payment. You agree that System Six will have the right and authorization to initiate payment for the invoices from your designated bank or credit account by an electronic funds transfer (“EFT”). You acknowledge and agree that you will be charged the amount indicated on the invoices for each billing period. You agree that no prior notification will be provided to You for each scheduled payment beyond what is mentioned in the distribution of the invoice. Additionally, You may be responsible for credit card transaction fees, where permitted by law, but we will notify you of such responsibility.

Reimbursement. If noted in a Proposal, You shall reimburse System Six for all actual, documented, and reasonable expenses incurred in connection with the performance of the Services, such as but not limited to third party services, fees or travel expenses.

Late Fees, Suspension, Collections. Invoices that remain unpaid twenty (20) days from the date of invoice will be considered past due and subject to an interest rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. You shall also reimburse System Six for all costs incurred in collecting any late payments, including, without limitation, attorney’s fees, court costs, and collection agency fees. If You fail to pay any amount when due under the Agreement, System Six may (a) suspend the performance of Services or (b) terminate the Agreement pursuant to these Terms.

Taxes. Each party will be responsible for its own taxes related to this Agreement. This means that neither party is responsible for the other’s taxes, including income or payroll taxes, unless the law requires otherwise.

TERM AND TERMINATION

Term. The term of the Agreement shall commence upon execution of the Proposal by the Parties and shall continue until terminated in accordance with these Terms. You may cancel this Agreement at any time with 30 days written notice.

Termination. System Six may immediately terminate the Agreement if You (a) fail to timely make any payment due (b) materially breach the Agreement and fail to cure within five (5) days of written notice of such breach, or (c) become insolvent or subject to bankruptcy proceedings.

Effect of Termination. Upon termination of the Agreement, System Six shall cease performing Services for You and You will pay System Six for all work completed and for any work in progress. System Six shall promptly deliver (a) all of Your property, (b) any deliverables (complete or incomplete) for which You have paid, and (c) reasonable cooperation and assistance, as requested, in transitioning services to another vendor or in-house resources during the period between when notice is provided and termination goes into effect.

System Six reserves the right, at its sole discretion, to charge a termination fee for offboarding your account. This fee will be equivalent to the average monthly fee you paid in the three (3) months prior to the termination effective date (the “Termination Fee”).

INTELLECTUAL PROPERTY

Ownership of Proprietary Information & Systems. You retain all right, title, and interest in and to Your data, financial records, books, and Your-specific output/deliverables created in connection with the Services. System Six shall retain exclusive ownership of all other work product, including any intellectual property rights therein, generated during the term of the Agreement. For example, if System Six builds an automation on its systems to produce a certain spreadsheet sent to the You, the data and the output belong to You, but the automation System Six built to create the work product belongs to System Six. To the extent permitted by applicable law, such work product shall be deemed “work made for hire” for System Six under 17 U.S.C. §101 (or the equivalent local law). In the event that any portion of the work product does not qualify as “work made for hire” under applicable law, You hereby irrevocably assign, without additional consideration, all worldwide rights, title, and interest in and to such work product, including any associated intellectual property rights, to System Six.

CONFIDENTIAL INFORMATION

System Six will not share any confidential information or trade secrets belonging to You unless it is necessary to perform the Services under this Agreement. This confidential information includes Confidential Information about Your business, products, customers, financial data, or any other sensitive information You share with us during our work together (collectively “Confidential Information”).

However, Confidential Information does not include information that:

  • Is already public knowledge or becomes public through no fault of System Six.
  • Is legally obtained from another source without any obligation to keep it confidential.
  • System Six already knew about before You shared it, and can prove it.
  • You’ve given System Six written permission to disclose.
  • System Six is required to disclose by law, court order, or government authority.

System Six will keep all Your Confidential Information safe and won’t share it with anyone else or use it for any other purpose without Your written permission, unless the law requires us to do so. These confidentiality obligations will continue even after this Agreement ends.

INDEMNIFICATION

You shall defend, indemnify, and hold System Six, its employees, officers, and directors harmless from any third-party claims, suits, proceedings, losses, or damages (including reasonable attorneys’ fees) (“Claims”) arising from (i) Your breach of any obligation under the Agreement; (ii) Your failure or alleged failure to comply with any applicable law, rule, regulation, or guideline in the performance of Your duties and obligations under the Agreement; or (iii) Your gross negligence, willful misconduct, or fraud in the performance of Your duties and obligations under the Agreement.

DISCLAIMERS AND LIMITATION OF LIABILITY

No Assurances. System Six provides managed accounting and financial operations services based on the data and information provided by You.

Data and Security. System Six uses commercially reasonable efforts to store all Your identifiers, accounts and passwords.

Disclaimer. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THE AGREEMENT, EACH PARTY HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitations of Liability. Excluding a Parties indemnity obligations, in no event shall either party be liable to the other party for any incidental, consequential, indirect, special, exemplary or punitive damages.

MISCELLANEOUS

Relationship of the Parties. The Parties operate independently under this Agreement, without establishing any agency or similar relationship.

Non-Hiring. During the term of this Agreement and for one (1) year afterward, You agree not to directly or indirectly hire or engage any current employee, consultant, or contractor of System Six.

Marketing. You agree that System Six may publicly refer to You as a customer and may use Your logo, feedback, or testimonials for marketing purposes.

Severability. If any part of the Agreement is found to be invalid, illegal, or unenforceable in any jurisdiction, it won’t affect the validity or enforceability of the rest of the Agreement.

Waiver. If either party waives a breach or default under any provision of the Agreement, it is only considered waived if done so in writing.

Notices. Any notice required or permitted to be given under this Agreement by You to System Six shall be in writing.

Assignment. You understand that System Six may transfer its rights and duties under this Agreement to a third party without needing Your approval.

Attorneys’ Fees. If there’s a legal dispute between the Parties about this Agreement, the prevailing Party will be entitled to recover reasonable legal fees and court costs.

Governing Law. This Agreement shall be construed in accordance with and exclusively governed by the laws of the Commonwealth of Virginia.

Amendment. System Six reserves the right to unilaterally amend or modify any provision of this Agreement.

Entire Agreement. This Agreement constitutes the entire Agreement between the Parties.

HOW WE WORK – EXPECTATIONS & COMMITMENTS

Communication Response Time

We aim to respond to all communications within one business day.

Client Responsibilities

Our ability to deliver timely, accurate work depends on your participation.

Hourly Billed Services

Some tasks fall outside the scope of fixed-fee agreements and are billed hourly.

HR & Payroll-Related Services

We offer payroll support, but do not directly manage HR functions.

Payroll Requirements

To ensure accurate and compliant payroll processing, we require use of a payroll platform that supports employee self-service.

Cash Management

We can facilitate payments through trusted third-party platforms, but we do not move funds independently or outside of approved systems.

State & Local Filing Support

You and your tax preparing CPA are responsible for identifying your tax obligations related to state and local nexus.

Use of Technology and AI-Assisted Tools

In providing the Services, we may use technology tools, including those with artificial intelligence or machine-learning functionality, to support our work.