TERMS OF SERVICE

Thank you for availing the Services offered by QBE Solutions and/or its subsidiaries and affiliates. Review these Terms & Conditions of our QBE Solutions Accounting service thoroughly. This Agreement is a legal agreement between you and QBE Solutions. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms and conditions. If you do not agree to this Agreement, then you may not use the Services.

General Terms of QBE Solution Agreement

This Agreement describes the terms governing your use of the QBE Solutions which is an Accounting Firm, provided to you on this website, including content, updates, and new releases. It includes by reference.  QBE Solution’s Privacy Statement provided to you in the Services available on the website or provided to you otherwise. 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, etc.

Your Rights to Use the Services

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 QBE Solutions. QBE Solutions 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, QBE Solutions grants to you a personal, limited, non-exclusive, non-transferable right and license to use the Services.You agree not to use, nor permit any third party to use, the Services or content 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, deconstruct, sell, trade or resell the Services
  • Make the Services available on any file-sharing or application hosting service

Payment

For Services offered on a payment or subscription basis, the following terms apply, unless QBE Solutions or its authorized distributors or vendors notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services. You must pay with one of the following:

  • A valid credit card acceptable to QBE Solutions or its authorized distributors or vendors;
  • A valid debit card acceptable to QBE Solutions or its authorized distributors or vendors;
  • Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
  • By another payment option, QBE Solutions or its authorized distributors or vendors provide to you in writing.

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.

Your Personal Information

You can view Privacy Statement provided with the Services of QBE Solutions Accounting Firm and on the website. You agree to the applicable QBE Solutions Privacy Statement, and changes published by QBE Solutions. You agree that QBE Solutions may use and maintain your data according to the QBE Solutions Privacy Statement, as part of the Services. You also give QB Solutions permission to aggregate your non-personally identifiable data which you enter or upload with that of other users of the Services. For example, this means that QBE Solutions may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.

Content

You are responsible for your content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials called “Contents” which is uploaded, posted or stored through your use of the Services. You grant QBE Solutions a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not use the Services for any illegal purpose or in violation of any applicable law or regulation. You are encouraged to archive your Content regularly and frequently.

Additional Terms

QBE Solutions does not give professional advice. Unless specifically included with the Services, QBE Solutions 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. We may tell you about other QB solutions or services. You may be offered other services, products, or promotions by QBE Solutions. Additional terms and conditions and fees may apply. With some QBE Solutions Services you may upload or enter data from your account such as names, addresses and phone numbers, purchases, etc., to the Internet.

Disclaimer of Warranties

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, QBE solutions, its affiliates, and its third-party providers, licensors, distributors or 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 or content in or linked to the services.

QBE solutions is an Accounting Firm 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.

Limitation of Liability and Indemnity

To the maximum extent permitted by applicable law, the entire liability of QBE solutions, 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 months prior to such claim.

We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, 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. Your continued use of the Services indicates your agreement to the changes.

Export 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 will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.

Governing Law

This Agreement shall be governed by, subject to and interpreted in accordance with the laws of the USA, and, any dispute arising out of or relating to this Agreement, or the breach thereof, whether occurring while this Agreement is in effect or thereafter, shall be submitted exclusively to binding arbitration by an arbitrator selected in accordance with such Act and agreed to by the parties. The arbitration proceeding shall take place at Ontario, Canada and shall be conducted in the English language, including notices between the parties. Notices between the parties shall be by personal delivery, facsimile transmission, or certified or registered mail, return receipt requested and shall be deemed given upon receipt at the address of the recipient party or ten (10) days after deposit in the mail. If the notice is to QBE Solutions, it shall be sent to the attention of the Legal Department.

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. The parties hereby 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 QBE Solutions 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 cannot assign or transfer ownership of this Agreement to anyone without the written approval of QBE Solutions. However, QBE Solutions may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by QBE Solutions or (c) a successor by merger.

Additional Terms and Conditions for the QBE Solutions Services

Your use of the Services provided by QBE Solutions is 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.

Trial Version and Beta Features

If you registered for a trial use of the QBE Solutions Service (“Trial Period”), you must decide to purchase a license to the QBE Solutions Service, at the current rate, within the Trial Period in order to retain any Content that you have entered through the QBE Solutions Services, created within the data file, posted or uploaded during the Trial Period. If you do not purchase a license to the QBE Solutions Services by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the QBE Solutions Service during the trial period, if you decide not to purchase the license to the full version of the QBE Solutions Service, you will not be able to access or retrieve any of the data you added or created with the Services during the trial.

Permitted Disclosures and Use of Data

You acknowledge and agree that in order to provide you with access to and use of the QBE Solutions Services, QBE Solutions 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 QBE Solutions to effectuate such replacement. Any other person you identified as an authorized user of the QBE Solutions Services will have access to the account data subject to the access permissions you or the system administrator assigned to them.

Access to Your Financial Institution Services Data

The QBE Solutions Services are designed to allow you to access and download your FI Account Data through the QBE Solutions Services, to allow QBE Solutions to access your financial institution account(s) using your FI Login Data, to allow QBE Solutions to download and use your FI Account Data, and to allow QBE Solutions to aggregate and combine your FI Account Data with other data.

If you lose or forget your username or password, it will be necessary for you to return to the appropriate financial institution if you have any problems with respect to that username or password. You acknowledge and agree that except as set forth this Agreement, QBE Solutions 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 QBE Solutions Service with your financial institutions.

March 2018