Terms and Conditions
Notification: Please Read these terms carefully before using this website or using the services. This agreement includes :
- A binding arbitration clause that Harms your rights
- A demand for customers outside of the U.S. to shift data into the U.S. If you never agree to restricted by these terms. Please do not use or access the website or the service.
Autofilings.com gives an automated bookkeeping and accounting solution by the use of machine learning and AI. The solution is included in the Autofilings.com website, the Autofilings financial hub, and web-based software services available by the financial hub (collectively, the “Services”). A complete description of Autofiling’s various Services is open in the “Description of Products and Services” available at www.autofilings.com.
This agreement (“Agreement”, “Terms of Service” or “Terms”), mutually with any applicable order form, master services agreement or other Service Document (as defined below), directs your path to and use of the Services also any Content (as defined below) or other products or services that Autofilings offers. By ordering, obtaining or using the Services, you irrevocably agree to be treated by this Agreement, the suitable Service Documents and all other policies, procedures, and rules that Autofilings may advertise in the future. If you do not accept to be restricted by this Agreement or your Service Document, please do not use or access the Services.
Autofilings holds the right to amend, change, add, or eliminate any provision of these Terms. Any changes or changes to these Terms will become effective quickly but will not apply retroactively. Autofilings will post notice of any changes to the Terms of Service on its website and will try to notify you that the Terms have been changed. Though you have to check the Terms of Service yearly for changes, and your proceeded use of the Services following any such modifications constitutes acceptance of those changes to this Agreement.
YOUR USE OF THE SERVICES
You are liable for your use of the Services. By using the Services, you represent and warrant that you are entitled on behalf of your organization to form a necessary contract with Autofilings and that you satisfy all relevant eligibility provisions. If you do not, you must not obtain or use the Services.
The Services to which you subscribe must be further explained in an order form, master services agreement, statement of work, selected service package, partner agreement, invoice, or other written document given to you by Autofilings or one of Autofiling’s favored partners (each, a “Service Document”), which you will be asked to administer or otherwise electronically agree to as a condition to using or entering the Services. To the extent, there is any dispute within the terms of a Service Document and this Agreement, the terms of the Service Document must govern.
FEES & PAYMENT
As payment for the Services, you accept to pay all fees and expenses as defined in your order form or other Service Document (“Fees”). Subject to the payment and invoicing terms described in your Service Document, starting on the earlier of (i) the date on which your order form or other Service Document has been performed by you, or (ii) you otherwise start obtaining or using the Services (the “Effective Date”), all Fees must be automatically withdrawn from your designated bank account by ACH on each applicable payment date (as defined in your order form or other Service Document). You must get an invoice for such Services no less than three (3) days before the date on which Fees are to be withdrawn with the first such invoice being sent on or about the Effective Date, with Fees to be automatically withdrawn from your bank account 3 days after the Effective Date. You are liable for the payment of all sales, use, withholding, VAT, and other same taxes.
You agree to pay all Fees as presented for in your order form or other Service Document, given that in the absence of a Service Document or the event that your Service Document does not define the payment terms, then payment for the Services must be due within 3 days after the receipt of all invoice and you expressly authorize such Fees to be withdrawn from your bank account via ACH on each due date.
In the event, you require any extra products or services, including technology add-ons or services linked to projects outside the scope of services described in your Service Document (each, an “Additional Service”, a complete description of which is available in the “Description of Products and Services” available at our portal. Then such Additional Services will be charged according to the rates given in your order form or other Service Document. Except as otherwise described in any applicable Service Document, Autofilings will not be given or bill you for any Extra Service without your positive consent. Fees for Additional Services will be payable by ACH withdrawal following the terms defined in your order form or other Service Document.
You will acquire a monthly finance charge of 1.5% for any balance that is overdue by 30 days. If you discuss any portion of an invoice, you accept to pay the final portion of the invoice when due and to submit a written argument within 10 days of your receipt of the invoice. Your dispute must involve written documentation to verify the dispute. Your failure to submit a written argument of charges within the period defined herein must be considered to constitute acceptance of all Fees and other charges described in such an invoice.
You hereby signify that you have the right to bind the organization that owns the bank account from which Fees will be withdrawn and to allow the payments and other transactions considered by this Agreement to such a bank account. Except as unless described in your Service Document, by using or getting the services or otherwise conforming to these Terms, you herewith authorize Autofilings orAutofiling’s partner or designee to instate ACH and credit card charges for Services and Additional Services. This bank account and credit card authorization will continue in effect until Autofilings gets notice in writing of your cancellation of such permission in such time as to afford Autofilings and the bank reasonable opportunity to act on such cancellation. Except as otherwise expressly described in this Agreement or your Service Document, all payments are non-refundable and non-creditable. If any collection action is required to collect unpaid balances due, you need to pay Autofiliings for any collection costs acquired, including Autofiling’s attorneys’ fees.
CONTENT & CLIENT INFORMATION
The Services cover information, text, graphics, sounds, and other material or information given by Autofilings and its licensors (collectively, the “Content”). The Content may be preserved by copyrights, patents, trademarks, trade secrets, or other intellectual property laws.
You agree to promptly provide Autofiling all information necessary for Autofilings to provide the Services as well as any other information as may be requested by Autofilings from time to time (“Client Information”). You are responsible for the Client Information that you update to the Services. For the results and liability related to or connected with your Client Information also your use of any Content you access or obtain through the Services. You acknowledge that Autofilings will rely on the accuracy and authenticity of your Client Information in performing the Services and Autofilings is not obligated, nor does Autofilings intend, to take any steps to individually review, check, validate or unless confirm the exactness or authenticity of your Client Information. You hereby agree to indemnify and hold Autofilings harmless from and against any third-party claims, demands, suits or actions resulting from, arising out of or relating to Services in reliance upon your Client Information.
Autofilings does not claim ownership rights to your Client Information. You shall retain all rights to, and ownership of, your Client Information, but by providing Client Information, you hereby grant Autofilings a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, share, alter, edit, modify, print, translate, incorporate, exhibit, display, and make evolved and collective works using the Client Information for objectives of rendering the Services to you. Additionally, you grant to Autofilings a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, adapt, perform, compile, display, incorporate, modify, and create derivative and collective works utilizing Client Information in a de-identified format for the improvement of the Services and Autofiling’s other products and services (as may exist now or in the future) and for such other lawful purposes as Autofilings sees fit. Autofilings will not be liable for your Client Information. You hereby represent and warrant that you have (i) the right to upload and transmit your Client Information, and (ii) all necessary rights and authority concerning your Client Information to grant to Autofilings the foregoing and to allow Autofilings to perform use your Client Information as contemplated hereunder without violation of any law, rule or regulation or any rights of any third party.
Autofilings is dedicated to ensuring the accessibility, integrity, and security of your Client Information. Autofilings endeavors to ensure the accessibility, integrity, and security of your Client Information with built-in access controls, monitoring, auditing, and tracking features.
To get the Services, you may be required to give some registration or other safety information. The information you provide must be true and comprehensive.
Your account is private to you and you may not share it or provide any other person to utilize your account. You may not use another person’s account. The Services may permit you to store your login credentials in your web browser so that you are automatically logged in every time you enter the Services. If someone other has access to your computer, mobile device, or web browser, the automated log-in feature will enable that person to have access to your account. You will be liable for all losses ensuing from illegal access to the Services from your account. You must notify Autofilings if your registration information modifications or you learn of or have reason to assume any illegal use of your account or any other breach of security.
ACCESS TO THE SERVICES
Subject to your agreement to continuous compliance with this Agreement and all relevant Service Documents, Autofilings gives to you a restricted, non-exclusive, non-assignable, non-transferable license to access and use the Services. Autofilings hold all rights not unless expressly given by this Agreement. Unless otherwise admitted to in an applicable Service Document, you may not: (i) rent, lease or trade the Services to a third party, (ii) give, transfer, disclose, reveal, or make accessible to, or allow use of the Services by, any third party, (iii) copy or modify engineer the Services, (iv) produce derivative works of the Services, (v) switch or modify any Content or notices, (vi) use a bot or other automatic method to collect information or Content on the Services, (vii) begin, trasmit, upload or post to the Services any data that includes any viruses, malicious code, trojan horses or another computer programming that conflicts with or is designed to interfere with or disturb the honesty or performance of the Services (viii) use the Services to infringe any law or any third party’s intellectual property rights, (ix) send advertisements or spam using or by the Services, (x) use any information in the Services to build a competing service, or (xi) license or support any third party with any of the previous limitations.
Autofilings may terminate or modify any aspect of the Services, restrict the time the Services are ready, install bug fixes, updates, patches, and other upgrades to the Services, or modify the authorized use of the Services at autofilings sole option, without earlier notice to you and without acquiring any liability to you. In the event, you are unhappy with any change Autofilings makes to the Services, your only solution is to stop using the Services.
Autofilings rights & ownership
Introduction to the Services is subscription-based and not sold. You will not, by this Agreement or otherwise, acquire any rights whatsoever in the Services and you hereby expressly disclaim any other rights therein. Autofilings will have and hold all right, title, and interest in and to the Services and all intellectual property comprising the Services, as well as any modifications or enhancements made thereto, with the sole exception of any Client Information given to you.
The Services are Autofiling’s copyrighted property and the Services may not be reproduced, recreated, altered, obtained, or used in any manner contrary to what is allowed by this Agreement or disseminated or distributed to any other person. Autofilings images, trademarks, service marks, logos, icons, and other Content on the Services are Autofiling’s property and may not be used without Autofiling’s former written approval. Trademarks owned by 3rd parties are the property of those respective third parties. Any feedback or advice you give to Autofilings about the Services is voluntary and Autofilings may use such feedback or suggestions in Autofiling’s sole responsibility without obligation or remuneration to you.
USAGE AND LIMITATIONS
Autofilings does not guarantee that the Services will be compatible or operate with your Internet provider’s service plan, your mobile carrier’s service plan, with any particular computer, mobile device, or web browser, or any other part of the hardware, software, tools, or device you use to access the Services. You are liable for giving, maintaining, and assuring the compatibility of all hardware, software, and other system elements needed for your access to and use of the Services. You are responsible for all third party charges and fees, including to your Internet service provider and mobile carrier, in connection with your access and use of the Services and for complying with any agreements, terms of service agreements, and restrictions linked with such third party services.
Autofilings may post links to third-party websites on the Services. If Autofilings does post a link to a third party website, please be aware that Autofilings is not responsible or liable for any Content, advertising, products, or other materials on or accessible from third-party websites or for any privacy or other practices of the third parties operating those websites.
To the most comprehensive allowed under applicable law, Autofiling expressly disclaims all warranties, express, implied or otherwise involving without restrictions, warranties of merchantability, title, non-infringement, suitability, integration, currentness, correctness, and fitness for a special intention. Autofilings dos bot guarantee that the service will be malware or virus-free. Autofilings precisely disclaims any representation that the service will meet your demands that access to or service or use of the service will be constant or error-free, that defects in the services, if any, will be repaired or that results will be timely, accurate, adequate or comprehensive. The services are given as in and as available and autofilings do not guarantee the services’ availability or uptime. Autofilings do not guarantee or represent that use of the services will result in compliance with any relevant laws or regulations and you know that you are solely liable for assuring compliance with any applicable laws and regulations.
LIMITATION OF DAMAGES
To the fullest extent authorized by law, under no situations will Autofiling be liable for lost profits, revenues, financial losses, or indirect, special, consequential, exemplary, or punitive damages to the fullest extent authorized by law, and excepts as otherwise qualified by a service documents, Autofilings total responsibility for any claims under this agreement, including for any proposed guarantees, is limited to the lesser of the amount you paid to autofiling during the 6 months before the event giving the rise to the claim. The Limitation of this section will apply to any theory of liability, whether based on guarantee, contract, statute, tort (including negligence) or otherwise, and whether or not autofiling has been notified of the possibility of any such loss, and even if a remedy set forth herein is seen to have failed of its primary purpose.
You accept to protect, guarantee and hold safe Autofilings and its subsidiaries, members, subcontractors, officers, directors, agents, and employees from and upon any loss, damage, expense or liability arising out of any of your or your agent’s acts or omissions or from your or your agent’s violation or default of this Agreement or any Service Document.
TERM AND TERMINATION OF AGREEMENT
This Agreement is valid until all valid order forms or other Service Documents have expired or otherwise been terminated under the terms described in such order forms or Service Documents (the “Term”), given, though, that notwithstanding anything to the opposite described in any applicable Service Document (or in the absence of a valid Service Document), the following terms must apply:
- Autofilings may terminate this Agreement and any Service Document at any time and for any purpose without prior notice to you, and therefore, Autofiling’s may refuse or discontinue your access to the Services, including for your non-payment of Fees, and in such case, Autofiling’s will have no responsibility to you for failure to give the Services.
- Termination of this Agreement will not affect any benefit or relief to which Autofiling’s is authorized at law or in equity. Upon termination, the client is liable for payment in full for the rest of the then-current term and any prior balance due. Upon termination of this Agreement, you need to terminate all use of the Services and any Content that has been given to you. The terms and conditions in this Agreement that by their nature and context are designed to withstand any termination of this Agreement will remain such termination and will be completely enforceable thereafter.
Confidential Information” indicates any tangible or intangible data presented by a party or their representatives. It can be oral, written, or recorded or even electronic, and although of how it is provided linking to parties, their subcontractors or their affiliates.
Both parties confirm that all Confidential Information is real and confidential and greatly influences the goodwill and the effective and successful conduct the party’s respective businesses and operations and that keeping the confidentiality of the Confidential Information is reasonably important to preserve the legitimate business interests of the parties. Accordingly, as a material incentive to the parties to enrol into this Agreement, both the parties hereby agree to have and receive all such Confidential Information in strict confidence and that neither the parties nor any of its representatives or subcontractors must, at any time, directly or indirectly, disclose, reveal or communicate any Confidential Information to any third party whatsoever, or use, attempt or exploit any Confidential Information for its benefit or the advantage of others. Both parties agree that neither it nor any of its representatives or subcontractors will infringe on the other party’s particular intellectual property or other rights in said Confidential Information, and accepts that nothing herein shall be defined as granting a license or right to use said Confidential Information except for the particular objectives set forth herein.
If you demand Autofiling’s to give Services to another legal entity that you have, is under common ownership, or is differently connected with you (an “Affiliated Entity”), you declare and agree that you accept to this Agreement both on your behalf and as an authorized agent for the Affiliated Entity. You hereby agree to reimburse and hold safe Autofiling’s upon any claims made by the Affiliated Entity.
USE OF SUBCONTRACTORS; ASSIGNMENT; LOCATIONS
You expressly accept and agree that Autofilings reserves the right to give the services from locations, and/or by use of subcontractors and worldwide. You further accept and agree that Autofiling may assign its rights and responsibilities hereunder without your permission. You may only assign your rights and duties hereunder as part of an alliance or sale of much all of your assets, and in such a case, you must give prompt written notice to Autofilings.
Except as otherwise given in your Service Document, during the Term and for 1 year thereafter (the “Restricted Period”), you will not, without Autofiling’s prior written approval, either directly or indirectly, on your behalf or in the service or on behalf of others, hire any employee or contractor who was reserved by Autofilings at any time during the 1 year before termination or expiration of the Term (“Restricted Personnel”). You confirm that your hiring or engagement of any Restricted Personnel is expected to create irreparable harm to Autofiling’s that would be hard or difficult to determine or prove. Accordingly, you accept that any violation of this section shall bind you to pay Autofilings on demand, as liquidated damages, an amount equal to Restricted Personnel’s annual salary or fees paid by Autofiling’s at the termination of Restricted Personnel’s engagement with Autofilings. You accept that this section does not give for unreasonably high liquidated losses.
Notwithstanding the preceding, nothing herein will hinder you from hiring anyone who answers to a bona fide general advertisement for employment.
GOVERNING LAW AND JURISDICTION.
This Agreement will be administered by the laws of India, without respect to its conflicts of law principles. Notwithstanding the former, you accept that your breach (or an apprehension of breach) of any provisions of this Agreement, or any violation (or apprehension of infringement) of Autofiling’s or its Suppliers’ intellectual property rights may create Autofilings irreparable harm for which recovery of money damages would be small. Accordingly, you agree that Autofilings must be allowed, in addition to any other support available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any change (whether equitable or otherwise) to stop or limit any such breach or apprehended breach by you or otherwise to defend Autofiling’s rights under this Agreement. The parties thus submit to the exclusive jurisdiction of the courts of NCT Delhi, India and you accept that you will get that any third party claiming Autofilings arising out of this Agreement must bring such claim only in the Indian courts and subject to the limitations and omissions of responsibilities given for in this Agreement.
Autofilings does not describe that the Services and/or content within the Services are relevant or available for use in all jurisdictions or countries. Autofilings prohibits obtaining content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws about your use and access to the Services in your jurisdiction.
During the Term, you thus give Autofilings a license to apply your (or your company’s) name and logo on its website and other marketing elements to recognize that Autofilings is a service provider to you.
The auto-filling is and must live an independent contractor concerning all performance rendered under this Agreement. The provisions hereof are not expected to produce any partnership, joint venture, agency, or employment relationship among the parties or within a party and the employees, agents, or self-governing contractors of the other party. Except for payment commitments, neither party will be kept liable for any delay or omission in performance under this Agreement to the extent that such stay or omission is caused by fire, flood, explosion, war, terrorism, revolution, prohibition, government regulation, civil or military authority, act of God, or other related causes beyond its power. This Agreement controls the relationship between Autofilings and you. This Agreement does not form any third-party beneficiary rights. Autofiling’s failure to enforce the provisions of this Agreement does not constitute a waiver of Autofiling’s right to enforce them. If any term or provision of this Agreement is held to be invalid or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and the invalid or unenforceable term or requirement will not be viewed to be part of this Agreement. In the event of a dispute between this Agreement and any added policies, schemes, disclaimers, guidelines, laws, terms, or conditions of a specific application, the extra policies, procedures, disclaimers, guidelines, rules, terms, or conditions of a particular application will check.
Autofilings has made a free 14-day trial available to allow you to experience the product before purchase, and completely settle yourself as to its appropriateness for your business. During this period and thereafter, all likely assistance is made available to you, including free online training and professional support. But, if you are not satisfied with the product for any reason, there is no refund. We do not refund the amount that you have already paid as we are already offering a 14 days test period for you to assess the app.