Terms of Service.
Welcome to Lighthouse Accounting Group LLC!
By accessing our website (as a “Visitor”) or subscribing to our Services by opening a Lighthouse Accounting Group LLC account (as a “Member”), you become a client of our Services (collectively, “Client”). As a Client, you are agreeing to the following Terms of Use of our platforms (our “Platform”). Members are subject to additional terms and conditions that apply to your use of Lighthouse Accounting Group’s products, support and services (our “Services”).
Compliance.
Lighthouse Accounting Group LLC provides honest, responsible, and efficient bookkeeping services using sound principles, strict internal controls, and the highest ethical standards. We expect our clients to apply the same high ethical standards when using our Services. In accessing our website platform or engaging our Services you agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations. We reserve the right to investigate complaints or reported violations of our terms and policies and take any action we deem appropriate, including terminating your Member account and reporting any suspected unlawful activity to law enforcement authorities.
Lighthouse Accounting Group LLC assumes no liability for their employer/clients’ employment tax withholding, reporting, payment, and/or filing duties. The employer is ultimately responsible for the deposit and payment of federal tax liabilities and must ensure that all of its federal employment tax duties are met. Even though the employer may forward the tax amounts to Lighthouse Accounting Group LLC to make the tax deposits, the employer is the responsible party. If Lighthouse Accounting Group LLC fails to make the federal tax payments, the IRS may assess penalties and interest on the employer’s account. The employer is liable for all taxes, penalties, and interest due. The employer may also be held personally liable for certain unpaid federal taxes.
Everyone should use EFTPS (Electronic Federal Tax Payment System) and Treasury regulations require electronic payment for payroll taxes over $200,000 in a calendar year. Lighthouse Accounting Group LLC uses the EFTPS to make federal tax payments and California’s “e-Pay” system to make state tax payments for clients through our third-party payroll application Gusto. Employers can confirm that payments are being made on their behalf. Employers should register on the EFTPS system to get their own PIN and use this PIN to periodically verify payments. A red flag should go up if Gusto misses or makes a late payment. When an employer registers on www.eftps.gov they will have online access to their payment history for 16 months. In addition, EFTPS allows employers to make any additional tax payments that Gusto is not making on their behalf such as estimated tax payments. To enroll in the State of California’s “E-Pay” system visit www.edd.ca.gov/Payroll_Taxes.
Lighthouse Accounting Group LLC’ sole liability to Client or any third party hereunder shall be for claims arising out of errors or omissions in the services provided solely by Lighthouse Accounting Group LLC, and the sole remedy shall be to furnish correct advice of deposit, and/or corrected or reversal debit or credit entry, as the case may be; provided that, in each case, the Client advises Lighthouse Accounting Group LLC no later than five business days after the occurrence of such error or omission.
If there are any issues with an account, the IRS will send correspondence to the employer at the address of record. The IRS strongly suggests that the employer does not change their address of record to that of Lighthouse Accounting Group LLC as it may significantly limit the employer’s ability to be informed of tax matters involving their business. All notices received should be reported immediately to Lighthouse Accounting Group LLC.
Lighthouse Accounting Group LLC Support.
Lighthouse Accounting Group LLC provides technical and business support and appropriate staff for the purchased Services during normal business hours (9 am to 5 pm) Monday through Friday. Select support via email: office@lighthouseaccountinggroup.com
Lighthouse Accounting Group LLC makes the Platform available 24 hours a day, 7 days a week, except for any unavailability of the Platform caused by circumstances beyond Lighthouse Accounting Group’s reasonable control, including but not limited to acts of God, acts of government, civil unrest, acts of terrorism, strikes or other labor problems (other than one involving Lighthouse Accounting Group LLC’s employees), Internet service provider failure or delay, non-Lighthouse Accounting Group applications, or denial of service attack.
Lighthouse Accounting Group LLC is responsible for the performance of its personnel (including employees and contractors) and their compliance with Lighthouse Accounting Group’s obligations under the Master Services Agreement.
Data and Documentation.
Member is responsible for the collection, organization, editing, and inputting of all Data necessary to create all files, including but not limited to, master and historical data files through the Platform.
Member will timely provide the following documents for applicable Services:
Online banking access to checking, savings, credit card, and other necessary accounts;
Cash disbursement reports and bank statements;
Prior year’s tax return(s) for Tax Preparation Members, if applicable;
A detailed list of company assets and liabilities; and
Other documents necessary for Lighthouse Accounting Group LLC to provide Lighthouse Accounting Group’s Services.
Member agrees that all required documents will be uploaded on a periodic basis, but in no event greater than monthly, to enable Lighthouse Accounting Group LLC to provide Member with a current, meaningful, and useful financial statement. Member’s failure to timely upload documents and information may delay and/or impede Lighthouse Accounting Group’s ability to perform the Services. Member’s payment obligations to Lighthouse Accounting Group will not be amended, modified, or excused in any manner whatsoever (including refund, discount, or other financial accommodation) by Member’s failure to comply with its obligations hereunder or by any delay in the performance of the Services by Lighthouse Accounting Group LLC.
If Lighthouse Accounting Group LLC is performing a conversion to QuickBooks Online or Gusto on Member’s behalf, Member must comply with all communicated instructions and requests provided by Lighthouse Accounting Group LLC.
Don’t misuse our Services.
Don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may access our website platform and use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop access to our providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Accuracy of Information.
While we use reasonable efforts to furnish accurate and up-to-date information, we do not warrant that any information contained in or made available through our website platform or Services is accurate, complete, reliable, current, or error-free. We assume no liability or responsibility for any errors or omissions in the content of our Services.
About our Software.
When our Platform or Services requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
As a User, Lighthouse Accounting Group LLC provides you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by Lighthouse Accounting Group LLC as part of the Services. This license is for the sole purpose of enabling you to use the benefit of the Services as provided by Lighthouse Accounting Group LLC, in the manner permitted by certain terms and conditions between the parties. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Some software used in our Services may be offered under an open-source license that we will make available to you. There may be provisions in the open-source license that expressly override some of these terms.
Our Warranties and Disclaimers.
We provide our Services using a commercially reasonable level of skill and care and we hope that you will benefit using them. But there are certain things that we don’t promise about our Services.
THE SERVICES PROVIDED ARE NOT INTENDED TO PROVIDE LEGAL ADVICE NOR SUBSTITUTE FOR SUCH ADVICE FROM A LICENSED PROFESSIONAL. USERS ARE ADVISED NOT TO ACT UPON ANY INFORMATION PROVIDED ON OUR WEBSITE OR THROUGH OUR SERVICES WITHOUT SEEKING PROFESSIONAL ADVICE. ANY INFORMATION PROVIDED ON OUR WEBSITE OR THROUGH OUR SERVICES ARE NOT INTENDED TO BE USED FOR THE PURPOSE OF VIOLATING U.S. FEDERAL, STATE OR LOCAL TAX LAWS.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER LIGHTHOUSE ACCOUNTING GROUP LLC NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services.
WHEN PERMITTED BY LAW, LIGHTHOUSE ACCOUNTING GROUP LLC, AND LIGHTHOUSE ACCOUNTING GROUP’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LIGHTHOUSE ACCOUNTING GROUP LLC, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, LIGHTHOUSE ACCOUNTING GROUP LLC, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Indemnification.
Users will hold harmless and indemnify Lighthouse Accounting Group LLC and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the Services, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.
Privacy Policy.
Lighthouse Accounting Group LLC’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Lighthouse Accounting Group LLC can use such data in accordance with our privacy policies. For further information, see our Privacy Policy.
Warranties and Limitation of Liability.
LIGHTHOUSE ACCOUNTING GROUP LLC REPRESENTS AND WARRANTS THAT THE SERVICES WILL BE PROVIDED IN A PROFESSIONAL MANNER CONSISTENT WITH GENERAL INDUSTRY STANDARDS AND THAT THE SERVICES WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE USER DOCUMENTATION PROVIDED BY LIGHTHOUSE ACCOUNTING GROUP LLC. LIGHTHOUSE ACCOUNTING GROUP LLC DOES NOT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT LIGHTHOUSE ACCOUNTING GROUP LLC WILL CORRECT ALL SERVICE ERRORS. MEMBER ACKNOWLEDGES THAT LIGHTHOUSE ACCOUNTING GROUP LLC DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. THIS SECTION SETS FORTH THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY LIGHTHOUSE ACCOUNTING GROUP LLC (EXPRESS OR IMPLIED) WITH RESPECT TO THIS SUBSCRIPTION AGREEMENT. NEITHER LIGHTHOUSE ACCOUNTING GROUP LLC NOR ANY OF ITS LICENSORS OR OTHER SUPPLIERS WARRANT OR GUARANTEE THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. NEITHER LIGHTHOUSE ACCOUNTING GROUP LLC NOR ANY OF ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ALTERATION, THEFT, OR DESTRUCTION OF MEMBER’S OR ANY USER’S DATA, DATA FILES, OR PROGRAMS. MEMBER’S EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY SHALL BE GOVERNED AND LIMITED BY THIS SUBSCRIPTION AGREEMENT.
LIGHTHOUSE ACCOUNTING GROUP LLC AND ANY LICENSOR OR OTHER SUPPLIER OF LIGHTHOUSE ACCOUNTING GROUP LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, PROFITS, DATA, OR USE OF ANY SERVICE, INCURRED BY MEMBER, AS A MEMBER, OR ANY THIRD PARTY IN CONNECTION WITH THIS SUBSCRIPTION AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM (INCLUDING NEGLIGENCE), EVEN IF FORESEEABLE OR THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEMBER’S AGGREGATE LIABILITY FOR DAMAGES UNDER THIS SUBSCRIPTION AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM (INCLUDING NEGLIGENCE), SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY THE MEMBER UNDER THIS SUBSCRIPTION AGREEMENT TO LIGHTHOUSE ACCOUNTING GROUP LLC DURING THE THREE (3) MONTHS PRECEDING THE DATE THAT THE CLAIM AROSE.
Indemnification.
If a third party makes a claim against Lighthouse Accounting Group LLC that Member’s Data or User’s Data or use of the License causes financial damage or injury to such third party, or infringes any patent, copyright or trademark, or misappropriates any trade secret, Member shall defend Lighthouse Accounting Group LLC and its directors, officers and employees against the claim at Member’s expense and Member shall pay all losses, damages, and expenses (including reasonable attorneys’ fees) finally awarded against such parties or agreed to in a written settlement agreement signed by Lighthouse Accounting Group LLC, to the extent arising from the claim.
As conditions for indemnification, a party seeking indemnification under this section shall (a) promptly notify the other party of the claim, (b) give the other party sole control of the defense and settlement of the claim, and (c) provide the other party’s out-of-pocket expenses, assistance, information and authority reasonably requested by the other party in the defense and settlement of the claim.
Discontinuation of Services.
This Subscription Agreement shall continue for the time period set forth in the Fee Schedule or the Pricing Plan which Member accepts when Member purchases a Subscription (the “Term”). At the end of the Term, the term of Member’s License for Lighthouse Accounting Group LLC’s Services will automatically renew for an additional Term. The pricing during any Renewal Term will be the same as the previous Term unless Lighthouse Accounting Group LLC provides written notice to Member of a price increase at least fifteen (15) days prior to the end of the Term or any Renewal Term, in which case the price increase will be effective upon renewal. This Subscription Agreement may be terminated by either Lighthouse Accounting Group LLC or Member on thirty (30) days written notice sent via emails, facsimile, or regular mail. Upon termination, any prepaid retainer or other fees will not be refundable.
If Member purchase Services on retainer, Member will have the rights to Services set forth in the Fee Schedule and in Lighthouse Accounting Group LLC’s Member Terms and Conditions for a period of one (1) year. Retainers are non-refundable. At the end of that one-year Term, all fees shall be deemed earned regardless of how many Services Member uses during that Term. If Member chooses to continue receiving Services on retainer, Member must execute a new agreement with Lighthouse Accounting Group LLC and pay a new retainer.
In the event that this Subscription Agreement is terminated by either Lighthouse Accounting Group LLC or Member, the parties agree that under no circumstances will Lighthouse Accounting Group LLC be required to provide transition services to Member beyond the value of any remaining retainer or other sums paid to or held by Lighthouse Accounting Group LLC unless Member enters into a separate written engagement letter with Lighthouse Accounting Group LLC for such transition services.
Lighthouse Accounting Group LLC reserves the right to suspend Services if Member fails to pay any amounts due to Lighthouse Accounting Group LLC under this Subscription Agreement when due and owing, but only after Bookkeeper notifies Member of such failure in writing and such failure continues for five (5) days. Suspension of Services shall not release Member of Member’s payment obligations hereunder. Member agrees that Lighthouse Accounting Group LLC shall not be liable to Member or to any third party for any liabilities, claims or expenses arising from or relating to suspension of Services resulting from Member’s nonpayment.
Lighthouse Accounting Group LLC reserves the right to suspend or terminate Services if Bookkeeper reasonably concludes that (i) Member’s or a User’s use of the Services is causing immediate and ongoing harm to Lighthouse Accounting Group LLC or others; or (ii) Member becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. In the event of suspension or termination of Services due to such circumstances, Bookkeeper shall immediately notify Member of the discontinuance of Services and the parties shall promptly attempt to resolve the harm. In such case, Lighthouse Accounting Group LLC shall not be liable to Member or to any third party for any liabilities, claims, or expenses arising from or relating to such discontinuance of Services.
Upon discontinuation of Lighthouse Accounting Group LLC’s Services, all Fees paid by Member are not refundable and Lighthouse Accounting Group LLC is released from any liability for use of any of Member’s logins to operational software accessing Member’s financial records and accounts provided to Lighthouse Accounting Group LLC by Member in connection with Member’s use of Lighthouse Accounting Group LLC’s Services.
Member is responsible to terminate, deactivate, or change credentials of all Member’s logins to Lighthouse Accounting Group LLC’s Platform and any access to third-party services and systems upon discontinuation of Lighthouse Accounting Group LLC’s Services or the termination or discontinuance of any User.
Disclaimers.
If the information provided to Lighthouse Accounting Group LLC in connection with Lighthouse Accounting Group LLC’s Services appears unusual or out of the ordinary, Lighthouse Accounting Group LLC may, but is not required to, call such situation to Member’s attention. Lighthouse Accounting Group LLC is not responsible for the discovery of any errors, irregularities, or fraud committed by Member or others with whom Member conducts business. Although Lighthouse Accounting Group LLC will exercise reasonable care in the preparation of all materials, the information, and Data Lighthouse Accounting Group LLC compiles is based upon the Data and information submitted by Member and Lighthouse Accounting Group LLC does not guarantee the accuracy of such information. Lighthouse Accounting Group LLC shall not be responsible for any errors or oversights in Member’s reporting through Lighthouse Accounting Group LLC’s Services. Reports and information compiled by Lighthouse Accounting Group LLC are prepared exclusively for Member’s use and not for the use of any third party.
Lighthouse Accounting Group LLC does not assume any responsibility for actions of Member or any User and Member does not assume any responsibility for actions of Lighthouse Accounting Group LLC.
Member is responsible for ensuring that any of Member’s Users using the Services have the requisite training from Lighthouse Accounting Group LLC to properly use the Services.
Fees and Payment.
Member agrees to pay all Fees due hereunder pursuant to the Fee Schedule provided by Lighthouse Accounting Group LLC. All payment of Fees is due and payable upon receipt of by Member of an invoice.
If Member executes an annual retainer, all fees are due and payable in advance upon receipt by Member of an invoice. For all other Services, a minimum deposit of the first month’s fees and any related setup fees or expenses shall be paid to Lighthouse Accounting Group LLC upon Effective Date to commence Services on Member’s behalf. Thereafter, Services will be billed on a monthly basis to Member’s credit card, debit card, or electronic check profile provided to Lighthouse Accounting Group LLC. If Member needs to edit or to modify Member’s payment method, Member should contact office@lighthouseaccountinggroup.com. Other forms of payment accepted include cash & check.
All rendered Services received by Member are considered completed and delivered after 45 days of payment from Member and may not be disputed unless Lighthouse Accounting Group LLC receives written notice from Member disputing delivery of Lighthouse Accounting Group LLC’s Services within 45 days after such payment.
Dispute Resolution.
The parties agree that any unresolved controversy or claim arising out of this Subscription Agreement or related Services shall be settled by arbitration administered by the American Arbitration Association, in accordance with the applicable Commercial Arbitration Rules. The arbitrator’s award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of California.
About these Terms.
We reserve the right to amend our Terms of Use at any time and you agree to be bound to such changes.
For information about how to contact Lighthouse Accounting Group LLC, please visit our contact page.
Last updated August 30, 2021