Balance Financial Terms of Service

Last Updated January 28, 2014

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Professional Terms & Conditions

Consumer Terms & Conditions

Premium Service Terms & Conditions

 
 

Professional Terms & Conditions

Last Updated January 28, 2014

BALANCE FINANCIAL IS A BRAND  OF TAXACT, INC. THIS AGREEMENT IS BETWEEN YOU AND TAXACT, INC. PLEASE READ THESE PROFESSIONAL TERMS AND CONDITIONS VERY CAREFULLY BEFORE REGISTERING AS A PROFESSIONAL ON OUR SITE.  THESE TERMS AND CONDITIONS ARE AN IMPORTANT PART OF YOUR AGREEMENT WITH TAXACT, INC.  IF YOU WORK FOR AN ORGANIZATION OR ENTITY THAT PROVIDES PERSONAL FINANCIAL SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON BEHALF OF YOURSELF AND THE ENTITY THAT YOU REPRESENT.

These Professional Terms and Conditions ("Terms") define the legal agreement (the "Agreement") between you ("you" or "Pro") and TaxACT, Inc. ("TaxACT"), with respect to your use of the Balance Financial online financial services platform ("Services") to provide personal financial services to individual clients ("Clients").  Capitalized terms shall be defined as set forth within these Terms. 

By registering for a Professional account with Balance Financial, you agree to these Terms, along with the Balance Privacy and Security Policy, which is incorporated herein by reference. In addition, if you access or use our Premium Services (defined below in Premium Service Terms and Conditions), you also agree to the Premium Services Terms and Conditions. Please note that end user use of the Services by your Clients is governed by our Consumer Terms and Conditions. You may not use the Services, or accept these Terms, if (a) you are not of legal age or are not legally competent to form a binding contract with TaxACT; or (b) you are prohibited by law from providing financial services to Clients or otherwise using the Services.

The effective date of these Terms (the "Effective Date") is the date on which you first accept the following terms and conditions by either signing a written purchase order, paying for Pro Services via invoice or credit card, accessing the Services on behalf of a Client, or clicking "I agree" below.

TaxACT may change the Terms, including increasing Fees and changing the general fee structure, from time to time in its sole discretion by posting notice of the change on the Balance Financial website (located at http://www.balancefinancial.com) (the "Site"), provided that if TaxACT makes any material changes, TaxACT will use commercially reasonable efforts to notify you by sending you an e-mail to the last e-mail address you provided to TaxACT.  Any changes to these Terms will be effective immediately for new users of the Services and will be effective thirty (30) days after posting of notice of such changes on the Site for existing users, provided that any material changes shall be effective for existing Pro users upon the earlier of thirty (30) calendar days following posting of notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to you.  TaxACT may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted.  If you do not agree to any change after receiving a notice of such change, you shall stop using the Services and terminate this Agreement as to you and your Clients as described below.  Otherwise, continued use of the Services by you or your Clients constitutes your acceptance of the changes.  Please regularly check the Site to view the then-current Terms.

1.         PROFESSIONALS ONLY: You represent and warrant that you are a financial services professional who provides personal financial services to individual clients on a fee-paying basis. You represent and warrant that you are in good standing with any licensing or certification bodies of which you are a member, and that you are legally permitted to provide your particular financial services to Clients in your jurisdiction, and in each jurisdiction in which your Clients are located.

2.                   CONSUMER SERVICE: Our Services are intended to assist individuals in managing their personal and household finances. Our Services are not intended for use in managing the finances of businesses, professional practices, non-profits, churches or other organizations (collectively, "Organizations").  TaxACT cannot and will not be responsible for acts or omissions related to your use of the Services for Organizations or for providing services to Clients other than for the purpose of personal financial management.

3.                   NO FIDUCIARY RELATIONSHIP; indemnity: Our Services are intended to assist you in managing your Clients' finances. You remain responsible for the quality, accuracy, reliability and timeliness of your services. You acknowledge that the use of our Site and our Services does not create a fiduciary relationship between you and TaxACT or between TaxACT and your Clients. TaxACT assists you, but does not assume responsibility for your delivery of your services. You agree to indemnify, defend, and hold TaxACT harmless from any claims by any third party, including your Clients, arising out of your use of the Services or your breach of this Agreement.

4.                  NO LEGAL, TAX OR FINANCIAL ADVICE: Our Services are for reference only and are not intended to provide legal, tax, or financial advice. TaxACT does not act as a certified financial planner, accountant, lawyer, broker, or tax advisor, and TaxACT does not choose such advisors on behalf of you or your Clients. Each Client's personal financial situation is unique, and any information and advice received via the Service may not be appropriate for an individual Client's situation. Accordingly, before delivering any financial advice to Clients or implementing any financial decisions, you and your Clients should consider obtaining additional information and advice from a lawyer, accountant or other trusted advisers or financial professionals who are fully aware of the Client's individual circumstances.

5.                  CREATING YOUR PRO ACCOUNT; USERS: Upon accessing the Services for the first time, you will be asked to create an account ("Pro Account") on the Services. Balance Financial will provide you with one or more unique usernames and passwords for the purpose of accessing your Pro Account. We may require you to designate at least one user as an administrative user ("Administrator"). Administrators are responsible for payment of all Fees associated with your Pro Account. Administrators also have the ability to add and remove Pros, Guests and Clients, the ability to determine which Pros and Guests can access which Client Accounts within the Pro Account and under which access privileges (Read-Only or Full Access, as defined below)  and the ability to change the Pro Account package and payment method, etc. Normal users of your Pro Account include the ability to access and manage active Client Accounts, but do not include Administrator rights. You are responsible for maintaining the confidentiality of your username(s) and password(s). You are solely responsible for all actions that are taken on the Site using your username(s). Additional rules regarding usernames and passwords may be found in the Privacy and Security Policy. 
6.         CLIENT ACCOUNTS AND INVITATIONS:  The Services are designed to assist Pros in working with individuals to manage their personal finances. Each individual has an account ("Client Account"), which may include links to such individual's other accounts at financial service providers such as banks, lenders, credit card companies, credit unions, brokerage firms etc.    By adding an individual to your contact list in the Account Access section of your Profile, you are inviting that person to create a Client Account. The Administrator for your Pro Account is responsible for paying the fees associated with each new Client Account created under your Pro Account (although your Administrator may change this setting and require that your Clients pay TaxACT directly in order to access their Client Account). In addition, other Balance Financial users (including Clients working with other Pros) may invite Pros such as yourself to work with them to help manage their personal finances.  In each case (i.e. an individual accepts an invitation from you, or you accept an invitation from an individual) the person becomes your Client for purposes of the Services and their Client Account is linked to your username in your Pro Account. The Administrator of your Pro Account is responsible for determining which specific Clients you may access. If you require additional documentation (i.e. an engagement letter, contract, fee schedule or other document) in order for an individual to work with you as a Client, you are solely responsible for creating, drafting, negotiating and executing such documentation with Clients that you are introduced to via the Services. You agree to indemnify, defend and hold TaxACT harmless from any claims of Clients that are referred to you via the Services.

7.         READ-ONLY OR FULL ACCESS TO CLIENT ACCOUNTS: The Client and the Administrator of your Pro Account may select whether a particular Pro is granted solely (A) the right to view a particular Client Account without the ability to manage or make changes to it ("Read-only Access"), or (B) the right to view, modify and manage a particular Client Account ("Full Access"). In the case of Client Accounts where a Pro has been granted Full Access by the Client, such Pro may act as the Client's agent, including the ability to modify the Client Account information, make requests related to the Client Account and issue instructions regarding the Client Account (including but not limited to directing that a copy of all correspondence from Balance Financial to the Client Account be sent to such Pro). Subject to the ultimate authority of the Client to determine who shall have access to their Client Account and to terminate access by any Pro (including any Administrator) at any time, TaxACT may respond to such Pro's requests related to Full Access Client Accounts and to follow such Pro's reasonable instructions regarding such accounts. You and the Administrator of your Pro Account are jointly and severally responsible for any acts and omissions related to Full Access Client Accounts, and you both agree to indemnify, defend and hold TaxACT harmless from any claims by any Client or third party.

8.                   INVITING GUESTS OR PROS: In addition to inviting Clients, the Site is designed to allow you and your Clients to invite third parties, such as friends and family of the Client (each, a "Guest"), as well as other Pros to help manage Client Accounts.  By adding a Guest or Pro to your contact list in the Account Access section of your Profile, you are authorizing such Guest or Pro to access a particular Client Account. You may designate whether such Guests or other Pros have Full Access or only Read-only Access, subject always to the Client's right to remove any Guest or Pro (including you) from their Client Account at any time. Subject to payment of the applicable Fees and compliance with these Terms, Pros who have been invited to the Service for purpose of assisting with a particular Client Account may upgrade to a Financial Team Pro Account at any time in order to offer a branded portal to Clients, assign an Administrator with the ability to add and remove Pros, and otherwise take advantage of the full capabilities of the Site to offer Services to Clients. 

9.                   DESCRIPTION OF PRO SERVICES; START DATE FOR PRO SERVICES: TaxACT will provide the Pro Services as described on the Site (each, a "Service Level Package") or for a customized service level package as requested by you and accepted by TaxACT (a "Custom Service Level Package"). If your package includes bookkeeping, bill pay, or Client Account reporting, then our Premium Services Terms and Conditions will apply and are incorporated herein by reference. TaxACT will begin providing the Services on the date that you register and create your Pro Account.

10.                   FEES AND PAYMENT:  The applicable fees ("Fees") for Service Level Package and Custom Service Level Packages are as posted on the Site or as separately agreed to in writing by you and TaxACT. As state above, you are responsible for paying the fees associated with each new Client Account created under your Pro Account (although you may change this setting and require that your Clients pay TaxACT directly in order to access their Client Account).  TaxACT reserves the right to modify Fees upon thirty (30) days prior written notice to you. If you do not agree with the modified Fees, you may terminate your use of the Services. Unless TaxACT agrees to another payment method in advance and in writing, you agree to pay all Fees monthly via a valid credit card number (or other electronic payment means acceptable to TaxACT) ("Billing Account"). Each month during the Term, the total Fee for Services and any other applicable Fees or charges will be calculated and billed in advance to you. All Fees are non-refundable. To the maximum extent permitted by law, Fees are exclusive of taxes (other than taxes on TaxACT's net income) and you are responsible for payment of any such taxes in your jurisdiction. You hereby authorize TaxACT to charge your Billing Account for the total amount due.  You may also contact TaxACT and request a change or cancellation to your Service Level Package or Custom Service Level Package, provided that such change shall be effective in the calendar month immediately following the month in which such change is requested, and in the case of a change to a Custom Service level Package, is agreed to by TaxACT.  TaxACT reserves the right to block access (i.e. suspend) or terminate your Pro Account if charges to your Billing Account are rejected and full payment of all Fees is not received on time. Additional fees may apply.

11.                   TERM; TERMINATION: These Terms will continue to apply until terminated by either you or TaxACT as set forth below (the "Term").  The Services may be terminated at any time by you upon thirty (30) days' advance written notice to TaxACT (including email to membership@balancefin.com). TaxACT may at any time terminate your account or your access to one or more Client Accounts in its sole discretion if (a) the Client requests your removal from their Client Account; (b) you have breached any provision of these Terms (or have acted in a manner that, in TaxACT's reasonable judgment, shows that you do not intend to, or are unable to, comply with these Terms); (c) TaxACT is required to do so by law; (d) TaxACT determines that continuing the Services imposes excessive risk, cost, time or difficulty; (e) TaxACT has elected to discontinue the Site or the Services (or any part thereof); or (f) these Terms have been terminated by either party.  You may, at any time, remove any Client, Pro or Guest to your Pro Account by removing them from your contact list in the Account Access section of your Profile or by emailing us at membership@balancefin.com. You may also contact us using the same methods to remove specific employees or other users from your Pro Account (i.e. if an employee is terminated from your firm). TaxACT will terminate access as soon as is commercially possible, but in no event within five (5) days after receipt of such written requests. 

12.       ClIENT DATA: All data, information projects, documents, reports, files, notes, comments, or messages in Client Accounts ("Client Data") belongs to the Client, regardless of how the Client was first invited to the Site and regardless of who has paid for the Client's access to the Services. Termination of a Pro Account terminates access by such Pro to the associated Client Accounts, but does not terminate the associated Client Accounts or Client Data themselves. TaxACT may notify such Clients that the applicable Pro Account has been terminated, and  may require that Clients whose access to Client Accounts has been paid for by a Pro either pay directly for their Client Account or invite another Pro to pay for their Client Account.  Please note that although Clients may switch Pros at any time, Pros may not move or transfer Clients from one Pro Account to another without the prior written permission of TaxACT, which may be withheld in its sole discretion. Pros may not copy or export Client Data for the purpose of creating a new Client Account, transferring the Client Data to another Pro Account or transferring the Client Data to a competitive service.

13.       CONFIDENTIALITY: You will hold in confidence all confidential materials or information disclosed to you under this Agreement especially but not limited to any Client Data ("Confidential Information"). You may use and disclose Confidential Information solely for the purpose of providing financial services to such Client in furtherance of your business relationship with TaxACT. You are allowed to disclose such Confidential Information to your employees and consultants, so long as such persons have a clear "need-to-know" and are bound by a comparable written confidentiality obligation. Pro agrees to take precautions to prevent any unauthorized disclosure or use of Confidential Information consistent with precautions used to protect Pro's own confidential information or that of Pro's other Clients, but in no event less than reasonable care. Pro's obligation shall not apply to any materials or information which: (a) is now, or hereafter becomes, through no act or failure to act on the part of Pro, generally known or available; (b) was already known by Pro at the time of receiving such information as evidenced by its records; (c) is hereafter furnished to Pro by a third party, as a matter of right and without restriction on disclosure; (d) is independently developed or created by Pro without any breach of this Agreement; or (e) is the subject of a written permission to disclose provided by the Client or TaxACT.  Notwithstanding any other provision of this Agreement, disclosure of Confidential Information shall not be precluded if such disclosure: (1) is in response to a valid order of a court or other governmental body or is otherwise required by law; provided, however, that Pro shall first have given notice to TaxACT and the affected Clients (if any) and shall have made a reasonable effort to obtain confidential treatment of such Confidential Information; (2) is otherwise necessary to establish rights or enforce obligations under this Agreement, but only to the extent that any such disclosure is necessary. Each party's confidentiality obligations under this paragraph shall survive any termination of this Agreement for a period of five (5) years.

14.       NO RESALE OR COMPETITIVE SERVICES:  Except as expressly authorized by TaxACT in a separate written agreement between a Pro and TaxACT, Pro shall not license, sell, rent, lease, time-share, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit Pro's access to the Services in any way that would substitute for the direct use of the Service by other Pros and Clients. Provider shall not access the Services or any Client Data in order to build a competitive service. Except for use incidental to providing services to Clients, Pro shall not copy, reproduce, distribute, publish, display, post or transmit the contents of the Service in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means.

15.       INTELLECTUAL PROPERTY: Subject to the terms and conditions of this Agreement, you hereby grant to TaxACT a non-exclusive, non-sublicenseable, revocable, royalty-free license to use your name, logos and service marks or trademarks (the "Pro Marks") on the Site.  Title to and ownership of the Pro Marks will remain with you. TaxACT retains (and will retain) all right, title and interest in and to the Balance Financial marks and intellectual property, and all intellectual property rights related thereto ("TaxACT Property").  You retain all right, title and interest in and to the Pro Marks and all intellectual property rights related thereto. TaxACT does not claim ownership rights in any content uploaded by you.  For the sole purpose of enabling TaxACT to display such content on the Site or the Services, you grant TaxACT a non-exclusive, royalty-free license to use, copy, distribute and display such content.  All rights not expressly granted hereunder are reserved.

16.                  INSURANCE: You shall maintain at all times during the term of this Agreement, and for one (1) year thereafter, at your own expense, professional liability insurance (i.e. Errors and Omissions) covering the particular financial services provided by you (i.e. financial planning, bookkeeping etc.) with limits of not less than $1,000,000 per occurrence (or such other policy limit as may be expressly approved in writing by TaxACT). Such insurance shall cover you, along with any Pro employees or consultants who access the Services or interact with Clients on the Site. TaxACT may, upon written request, ask to be named as an additional insured on such insurance.  You shall furnish to TaxACT a certificate of such insurance within ten (10) days of such request.  The certificates shall provide that twenty (20) days prior written notice of cancellation or material change of the insurance to which the certificates relate shall be given to TaxACT.

17.                  PROVIDER REPRESENTATIONS: Your conduct as a Pro reflects on you and on us. You agree to (a) conduct your business and provide financial services to Clients in a manner that reflects favorably on TaxACT, the Site and Services, goodwill, and reputation of TaxACT and the Balance Financial brand; (b) access Client Accounts only as permitted and instructed by the Clients and to not exceed the scope of your agency or instructions from your Clients; (c)  not harass, flame or interfere with any Balance Financial end user's use and enjoyment of the Services;  (d) cooperate with Clients who wish to collaborate with additional Pros other than yourself to manage their finances; (e) cooperate with Clients who wish to invite Guests to assist them in managing their finances and to treat all Guests with courtesy and respect; (f) cooperate with Clients who wish to terminate your services and continue to access their Account, either to manage their finances independently or to work with Pros other than yourself; (g) not engage in deceptive, false, misleading, abusive or unethical practices; (h) not send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, multi-level marketing programs, fund-raising, political or religious messages or any other form of duplicative or unsolicited messages in any form, whether commercial or otherwise; (i) not represent that you are providing services on behalf of, or affiliated with, or endorsed by, TaxACT or other Pros on the Site; (j) use best efforts to resolve any complaints or disputes with Clients in a fair and timely manner; and (k) conduct your business in full compliance with all applicable laws and regulations.

18.                   MESSAGES AND ALERTS: You understand and agree that any messages or alerts provided to you through the Service may be delayed or prevented by a variety of factors. TaxACT does its best to provide messages or alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any message or alert. You also agree that TaxACT shall not be liable for any delays, failure to deliver, or misdirected delivery of any message or alert; for any errors in the content of a message or alert; or for any actions taken or not taken by you, a Client or any third party in reliance on a message or alert. 

19.               BUSINESS DAYS: For purposes of these Terms, all references to days refer to US days, Monday through Friday, excluding US and Bank Holidays.

20.               MISUSE OF SITE.  Pro agrees not to access or use the Site to transmit (a) any material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization; (b) any computer viruses, worms, or any software intended to damage or alter a computer system or data; (c) any material that is unlawful, harassing, tortious, threatening, harmful, abusive, invasive of another's privacy, vulgar, defamatory, trade libelous, pornographic, obscene, or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (d) any material that violates any law or regulation, including without limitation the laws and regulations governing export control. 

21.               WARRANTY DISCLAIMER.  THE SERVICES ARE INTENDED FOR USE WITH INDIVIDUAL CLIENTS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW the site and the SERVICES ARE PROVIDED "AS IS," AND Taxact MAKES NO (AND HEREBY DISCLAIMS ALL) WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE QUALITY, TIMELINESS, AVAILABILITY OR JUDGEMENT OF ANY SERVICES  taxact does not warrant that use of the services will be uninterrupted, or error-free, that defects will be corrected, or that the services are free of viruses.

22.               LIMITATION OF LIABILITY: taxact WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING TAXES, LOST PROFITS, LOST OPPORTUNITIES, LOST INCOME OR OTHER ECONOMIC OR INVESTING LOSSES), EVEN IF taxact HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, taxact'S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT SHALL NOT EXCEED an amount equal to the aggregate fees paid by you to taxact under this agreement during the twelve months immediately preceding the date on which the liability in question first arose.

23.               ASSIGNMENT: Our Services are personal to you and may not be assigned.  Any assignment in violation of this section shall be void.

24.               BINDING EFFECT:  These Terms will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and permitted assigns.

25.               NOTICE: For purposes of these Terms, any notices may be sent via physical mail to TaxACT, General Counsel, 10900 NE 8th St., Ste. 800, Bellevue, WA 98004 with a copy to P.O. Box 1648, Bellevue, WA 98009-1648, or via email to membership@balancefinancial.com.  Notices to you may be sent to the mailing and email address provided during registration, which may be updated by you from time to time.

26.               GOVERNING LAW: These Terms will be governed by the laws of the State of Iowa without reference to its choice of law rules. 

27.               DISPUTES:

27.1            MEDIATION: In the event of any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms, including any claim or dispute involving a Client ("Dispute"), the Parties shall attempt in good faith to settle such Dispute through consultation and negotiation, in good faith and a spirit of mutual cooperation. If the parties are unable to resolve such Dispute, the party seeking relief shall submit the Dispute to mediation by providing to JAMS ("JAMS") a written request for a one-day, non-binding mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from a JAMS panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in mediation in good faith and that they will share equally in its costs. The mediation will be treated as a settlement discussion and therefore will be confidential. Neither the parties nor the mediator shall disclose the existence, content or results of the mediation, unless otherwise agreed in writing by both parties. All offers, promises, conduct and statements, whether oral or written, made in the course of mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in mediation.

27.2            ARBITRATION: If the Dispute is not resolved through mediation, the Dispute will be resolved in a cost effective manner through confidential, final, and binding arbitration. Such arbitration shall be administered by, and under the rules of, JAMS, except to the extent such rules are in conflict with these Terms. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and (b) issue a confidential, written arbitration decision including the arbitrator's essential findings and conclusions and a statement of the award.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of JAMS.  All aspects of the arbitration shall be treated as confidential. Neither the parties nor the arbitrators may disclose the existence, content or results of the arbitration, unless otherwise agreed by both parties in writing, except as necessary to comply with legal or regulatory requirements.  Before making any such disclosure, a party shall give written notice to the other party and shall afford the other party a reasonable opportunity to protect its interests. 

27.3            WAIVER; INJUNCTIVE RELIEF: The parties acknowledge that by agreeing to this Dispute procedure, they waive the right to resolve any such Dispute through a trial by jury, judge or administrative proceeding.  Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to prevent irreparable harm pending the resolution of any Dispute in any court of competent jurisdiction. 

28.               ENTIRE AGREEMENT:  These Terms (along with the applicable additional terms and conditions found on our Site and incorporated herein by reference as described above) contain the entire agreement between the parties related to the Services, and no statements, communications, promises or inducements made by either party or any agent of either party that are not contained in these Terms will be valid or binding. The failure of either party to insist upon or enforce strict performance of any provision of these Terms will not constitute a waiver or relinquishment of such party's right to subsequently enforce such provision or any other provision of these Terms.

 

 

 

 

Consumer Terms & Conditions

Last Revised: January 27, 2014

 

BALANCE FINANCIAL IS A BRAND OF TAXACT, INC. THIS AGREEMENT IS BETWEEN YOU AND TAXACT, INC. PLEASE READ THESE CONSUMER TERMS AND CONDITIONS VERY CAREFULLY BEFORE REGISTERING AS A CUSTOMER OR ACCESSING THE SERVICES AS A GUEST.  THESE TERMS AND CONDITIONS ARE AN IMPORTANT PART OF YOUR AGREEMENT WITH TAXACT, INC.

These Consumer Terms and Conditions ("Terms") define the legal agreement (the "Agreement") between you and TaxACT, Inc. ("TaxACT"), with respect to the online financial services ("Services") provided by TaxACT.  Capitalized terms shall be defined as set forth within these Terms. 

By registering for an individual account ("Client Account") for the Services or accessing the Services as a Guest, you agree to these Terms and the Privacy and Security Policy, which is incorporated herein by reference. If you sign up for Premium Services (i.e. bookkeeping, bill pay or reporting), you also agree to the Premium Services Terms and Conditions.  You may not use the Services, or accept these Terms, if (a) you are not of legal age or are not legally competent to form a binding contract with TaxACT; or (b) you are prohibited by law from receiving or using the Services. The effective date of these Terms (the "Effective Date") is the date on which you first accept the following terms and conditions by accessing the Services or clicking "I agree" below.

TaxACT may change the Terms, including but not limited to, increasing Fees and changing the general fee structure, from time to time at its sole discretion by posting notice of the change on the Balance Financial website (located at http://www.balancefinancial.com) (the "Site"), provided that if TaxACT makes any material changes, TaxACT will use commercially reasonable efforts to notify you by sending you an e-mail to the last e-mail address you provided on the Site.  Any changes to these Terms will be effective immediately for new users of the Services and will be effective thirty (30) days after posting of notice of such changes on the Site for existing users, provided that any material changes shall be effective for existing users upon the earlier of thirty (30) calendar days following posting of notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to you.  TaxACT may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted.  If you do not agree to any change after receiving a notice of such change, you shall stop using the Services and terminate this Agreement as described below.  Otherwise, your continued use of the Services constitutes your acceptance of the changes.  Please regularly check the Site to view the then-current Terms.

1.                   CONSUMER SERVICE: Our Services are intended to assist individuals in managing their personal and household finances. Our Services are not intended for use in managing the finances of businesses, professional practices, non-profits, churches or other organizations.  TaxACT cannot and will not be responsible for acts or omissions related to your use of the Services for other than personal financial management.

2.                   NO FIDUCIARY RELATIONSHIP: Our Services are intended to assist you in managing your finances. You remain responsible for your finances, including ensuring that your records are in order and your bills are paid on time. You acknowledge that the use of our Site and our Services does not create a fiduciary relationship between you and TaxACT. TaxACT assists you, but does not assume responsibility for management of your personal finances.  You agree to accept responsibility for all financial decisions, acts or omissions related to your use of the Site and our Services. If you do not accept this responsibility, you may not use the Site.

3.                  NO LEGAL, TAX OR FINANCIAL ADVICE: Our Services are for reference only and are not intended to provide legal, tax or financial advice. Balance Financial does not act as a certified financial planner, accountant, lawyer, broker or tax advisor, and Balance does not choose such advisors on your behalf. Your personal financial situation is unique, and any information and advice received via the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial decisions, you should consider obtaining additional information and advice from a lawyer, accountant or other trusted advisers who are fully aware of your individual circumstances.

4.                  LINKING TO FINANCIAL ACCOUNTS: In order for you to benefit from the Services, we recommend that you provide your account credentials ("Account Credentials") for the online services provided by your financial service providers such as banks, lenders, credit card companies, credit unions, brokerage firms etc. Some Services may require you to have a valid checking account with bill pay service at a U.S. financial institution ("Payment Account").  By providing your Account Credentials you agree to allow TaxACT, as well as third parties (i.e. Guests and Pros – see Sections 5 and 6 below) with whom you collaborate to view data provided by these third parties as part of your Client Account.  Account Credentials are linked to your Client Account and are treated by us as Personal Data for purposes of our Privacy and Security Policy.

5.                   WORKING WITH FINANCIAL ProfeSSIONALS: The Site is designed to allow you to work with financial service professionals (each, a "Pro") to help manage your personal finances.  By adding (or removing) a Pro to your contact list in the Account Access section of your Profile, you (or your Pro if you have granted Full Access) are authorizing (or deauthorizing) such Pro to access your Client Account. Alternatively, a Pro may invite you to use the Services and create a new Client Account.   You may select whether a Pro is granted full rights to view, modify and manage your Client Account ("Full Access") or solely the right to view your Client Account ("Read-only Access").  For each Pro granted Full Access or Read-only Access, you consent to the sharing by TaxACT of the ability to access and read any information in your Client Account , including without limitation any categorization reports,  Account Credentials for Payment Accounts and payments, with such Pros.  For each Pro granted Full Access, you additionally authorize (1) such Pro to act as your agent to modify your Client Account information, make requests related to your Client Account and issue instructions regarding your Client Account (including but not limited to directing that a copy of all correspondence from Balance Financial to you be sent to such Pro); and (2) TaxACT to respond to such Pro's requests related to your Client Account and follow such Pro's instructions regarding your Client Account. You retain the ability to terminate any Pro's access to your Client Account at any time by contacting us via email at membership@balancefin.com.  You agree and acknowledge that TaxACT is not responsible for the acts or omissions of any Pro or for following any instructions provided by Pros to which you have granted Full Access. Any Pro who accesses the Site is bound by our Professional Terms and Conditions. TaxACT reserves the right to terminate access by any Pro who fails to abide by these terms.

6.         INVITING GUESTS: The Site is designed to allow you to invite other third parties, such as family members (each, a "Guest") to help manage your personal finances. By adding (or removing) a Guest to your contact list in the Account Access section of your Profile, you (or your Pro if you have granted Full Access) are authorizing (or deauthorizing) the Guest to access your Client Account. You may select whether a Guest is granted full rights to view, modify and manage your Client Account ("Full Access") or solely the right to view your Client Account ("Read-only Access").  For each Guest granted Full Access or Read-only Access, you consent to the sharing by TaxACT of the ability to access and read any information in your Client Account , including without limitation categorization reports,  Account Credentials for Payment Accounts and payments, with such Guests.  For each Guest granted Full Access, you additionally authorize (1) such Guest to act as your agent to modify your Client Account information, make requests related to your Client Account and issue instructions regarding your Client Account (including but not limited to directing that a copy of all correspondence from TaxACT to you be sent to such Guest); and (2) TaxACT to respond to such Guest's  requests related to your Client Account and follow such Guest's instructions regarding your Client Account.  You retain the ability to terminate any Guest's access to your Client Account at any time by contacting us via email at membership@balancefin.com. You agree and acknowledge that TaxACT is not responsible for the acts or omissions of any Guest [or for following any instructions provided by Guests to which you have granted Full Access. All Guests who access the Site are bound by these Consumer Terms and Conditions and must create a username and password as a condition of accessing the Site. Subject to payment of the applicable Fees, Guests may upgrade their Guest account to a Client Account at any time.  TaxACT reserves the right to terminate access by any Guest who fails to abide by these terms.

 7.                   ALERTS: You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. TaxACT does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that TaxACT shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. 

8.                   DESCRIPTION OF SERVICES; START DATE FOR SERVICES: TaxACT will provide the Services as described on the Site (each, a "Service Level Package") or for a customized service level package as requested by you and accepted by TaxACT (a "Custom Service Level Package"). If the Service Level Package or Custom Service Level Package includes Premium Services, such as bookkeeping and bill pay, our Premium Services Terms and Conditions will apply and are incorporated herein by reference. TaxACT will begin providing the Services on the date that you deliver to TaxACT all materials and information required to provide the Services, including but not limited to bills, payee information and account information for your Payment Accounts. Notwithstanding your failure to provide the required information to TaxACT in a timely manner, you will still be responsible for payment of all applicable Fees to TaxACT.

9.                   FEES:  Except for fees which a Pro has specifically agreed to pay on your behalf (i.e. sponsored your use of the Services provided by the Site as part of your relationship with the Pro), you are responsible for paying all fees associated with your use of the Services and the Site. If you have any question about whether (and by whom) your use is being sponsored, please check your Account Profile on the Site or contact us at membership@BalanceFin.com.   The applicable monthly fees for Service Level Packages and fees for other services requested by you ("Fees") will be billed in accordance with Balance Financial's then current fee schedule as posted on the Site (the "Fee Schedule").  The applicable Fee for a Custom Service Level Package shall be as agreed to by you and TaxACT, and can only be changed by TaxACT on thirty (30) days prior written notice to you.  

10.       PAYMENT:  You must provide TaxACT with a credit card number (or other electronic payment means acceptable to TaxACT) for use in paying for services that you obtain from the Site ("Billing Account"). Each month during the Term, the total Fee for Services and any other applicable Fees or charges will be calculated and billed in advance to you.  You hereby authorize TaxACT to charge your Billing Account for the total amount due.  You may also contact TaxACT and request a change to the your Service Level Package or Custom Service Level Package, provided that such change shall be effective for Services performed by TaxACT in the calendar month immediately following the month in which such change is requested, and in the case of a change to a Custom Service level Package, is agreed to by TaxACT.  TaxACT reserves the right to block access or terminate your Client Account if charges to your Billing Account are rejected and full payment of all Fees is not received on time. Additional fees may apply.

11.                   TERM; TERMINATION: These Terms will continue to apply until terminated by either you or TaxACT as set forth below (the "Term").  The Services may be terminated at any time by you upon thirty (30) days' advance written notice to TaxACT. TaxACT may at any time terminate your Client Account or your access to specific Services in its sole discretion if (a) you have breached any provision of these Terms (or have acted in a manner that, in TaxACT's reasonable judgment, shows that you do not intend to, or are unable to, comply with these Terms); (b) TaxACT is required to do so by law; (c) TaxACT determines that continuing the Services imposes excessive risk, cost, time or difficulty; or (d) TaxACT has elected to discontinue the Site or the Services (or any part thereof).  You may, at any time, terminate access by any Pro or Guest to your Client Account by removing them from your contact list in the Account Access section of your Profile. You may also email us at membership@balancefinancial.com or contact us at the mailing address provided below. TaxACT will terminate such access within five (5) days after receipt of such written notice.  TaxACT reserves the right to terminate access to your Client Account by any Pro or Guest at any time in its sole discretion if (a) such person has breached any provision of our applicable Terms and Conditions (or has acted in a manner that, in TaxACT's reasonable judgment, shows that Pro does not intend to, or is unable to, comply with our terms and conditions); (b) TaxACT determines that continued access by such party imposes excessive risk, cost, time or difficulty; (c) TaxACT is required to do so by law; or (d) these Terms have been terminated by either party.

12.               WARRANTY DISCLAIMER.  BALANCE FINANCIAL SERVICES ARE INTENDED FOR CONSUMER USE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW the site and the SERVICES ARE PROVIDED "AS IS," AND TaxACT MAKES NO (AND HEREBY DISCLAIMS ALL) WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE QUALITY, TIMELINESS, AVAILABILITY OR JUDGEMENT OF ANY SERVICES.  Taxact does not warrant that use of the services will be uninterrupted, or error-free, that defects will be corrected, or that the services are free of viruses.

13.               LIMITATION OF LIABILITY: taxact WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING TAXES, LOST PROFITS, LOST OPPORTUNITIES, LOST INCOME OR OTHER ECONOMIC OR INVESTING LOSSES), EVEN IF taxact HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, taxact'S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT SHALL NOT EXCEED an amount equal to the aggregate fees paid by you to taxact under this agreement during the twelve months immediately preceding the date on which the liability in question first arose.

14.               ASSIGNMENT: Our Services are personal to you and may not be assigned.  Any assignment in violation of this section shall be void.

15.               BINDING EFFECT:  These Terms will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and permitted assigns.

16.               NOTICE: For purposes of these Terms, any notices may be sent via physical mail to TaxACT, General Counsel, 10900 NE 8th St., Ste. 800, Bellevue, WA 98004 with a copy to P.O. Box 1648, Bellevue, WA 98009-1648, or via email to membership@balancefinancial.com.  Notices to you may be sent to the mailing and email address provided during registration, which may be updated by you from time to time.

17.               BUSINESS DAYS: For purposes of these Terms, all references to days refer to US days, Monday through Friday, excluding US and Bank Holidays.

18.               GOVERNING LAW: These Terms will be governed by the laws of the State of Iowa without reference to its choice of law rules. 

19.               DISPUTES:

19.1            MEDIATION: In the event of any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms, including any claim or dispute involving a Pro ("Dispute"), the Parties shall attempt in good faith to settle such Dispute through consultation and negotiation, in good faith and a spirit of mutual cooperation. If the parties are unable to resolve such Dispute, the party seeking relief shall submit the Dispute to mediation by providing to JAMS ("JAMS") a written request for a one-day, non-binding mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from a JAMS panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in mediation in good faith and that they will share equally in its costs. The mediation will be treated as a settlement discussion and therefore will be confidential. Neither the parties nor the mediator shall disclose the existence, content or results of the mediation, unless otherwise agreed in writing by both parties. All offers, promises, conduct and statements, whether oral or written, made in the course of mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in mediation.

19.2            ARBITRATION: If the Dispute is not resolved through mediation, the Dispute will be resolved in a cost effective manner through confidential, final, and binding arbitration. Such arbitration shall be administered by, and under the rules of, JAMS, except to the extent such rules are in conflict with these Terms. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and (b) issue a confidential, written arbitration decision including the arbitrator's essential findings and conclusions and a statement of the award.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of JAMS.  All aspects of the arbitration shall be treated as confidential. Neither the parties nor the arbitrators may disclose the existence, content or results of the arbitration, unless otherwise agreed by both parties in writing, except as necessary to comply with legal or regulatory requirements.  Before making any such disclosure, a party shall give written notice to the other party and shall afford the other party a reasonable opportunity to protect its interests. 

19.3            WAIVER; INJUNCTIVE RELIEF: The parties acknowledge that by agreeing to this Dispute procedure, they waive the right to resolve any such Dispute through a trial by jury, judge or administrative proceeding.  Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to prevent irreparable harm pending the resolution of any Dispute in any court of competent jurisdiction. 

20.               ENTIRE AGREEMENT:  These Terms contain the entire agreement between the parties related to the Services, and no statements, communications, promises or inducements made by either party or any agent of either party that are not contained in these Terms will be valid or binding. The failure of either party to insist upon or enforce strict performance of any provision of these Terms will not constitute a waiver or relinquishment of such party's right to subsequently enforce such provision or any other provision of these Terms.

 

 

 

 

 

 

Premium Service Terms & Conditions

 

Last Revised: January 27, 2014

 

BALANCE FINANCIAL IS A BRAND OF TAXACT, INC. THIS AGREEMENT IS BETWEEN YOU AND TAXACT, INC. PLEASE READ THESE PREMIUM SERVICE TERMS AND CONDITIONS VERY CAREFULLY BEFORE REGISTERING FOR OR USING BALANCE FINANCIAL PREMIUM SERVICES.  THESE TERMS AND CONDITIONS ARE AN IMPORTANT PART OF YOUR AGREEMENT WITH TAXACT, INC.

These Premium Terms and Conditions ("Terms") define the legal agreement (the "Agreement") between you and TaxACT, Inc. ("TaxACT"), with respect to the online financial services including bookkeeping and bill pay ("Premium Services") provided by TaxACT. 

By registering for Premium Services, you agree to these Terms, along with our general Consumer Terms and Conditions and Privacy and Security Policy, which are incorporated herein by reference.  You may not use Premium Services, or accept these Terms, if (a) you are not of legal age or are not legally competent to form a binding contract with TaxACT; (b) you are prohibited by law from using Premium Services; or (c) you do not have a valid checking account with bill pay service at a U.S. financial institution (“Payment Account”). The effective date of these Terms (the "Effective Date") is the date on which you first register for or begin using Premium Services.

TaxACT may change the Terms, including but not limited to, increasing Fees and changing the general fee structure for Premium Services, from time to time at its sole discretion by posting notice of the change on the Balance Financial website (located at http://www.balancefinancial.com) (the "Site"), provided that if TaxACT makes any material changes, TaxACT will also notify you by sending you an e-mail to the last e-mail address you provided to on the Site.  Any changes to these Terms will be effective immediately for new users of Premium Services and will be effective thirty (30) days after posting of notice of such changes on the Site for existing users, provided that any material changes shall be effective for existing users upon the earlier of thirty (30) calendar days following posting of notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to you.  TaxACT may require you to provide consent to the updated Terms in a specified manner before further use of Premium Services is permitted.  If you do not agree to any change after receiving a notice of such change, you shall stop using Premium Services and terminate this Agreement as described below.  Otherwise, your continued use of Premium Services constitutes your acceptance of the changes.  Please regularly check the Site to view the then-current Terms.

1.                   FOR HOUSEHOLD USE: Premium Services are intended to assist you in managing your personal finances. Premium Services is not intended for use in managing the finances for businesses, professionals, non-profits, churches or other organizations.  TaxACT cannot and will not be responsible for acts or omissions related to the use of Premium Services for other than household financial management.

2.                   NO FIDUCIARY RELATIONSHIP:  You remain responsible for your finances, including ensuring that your records are in order and your bills are paid on time. You acknowledge that the use of Premium Services does not create a fiduciary relationship between you and TaxACT. TaxACT assists you, but does not assume responsibility for management of your personal finances.  You agree to accept responsibility for all financial decisions, acts or omissions related to your use of the Site and Premium Services. If you do not accept this responsibility, you may not use the Site.

3.         FEES: Some Premium Services (e.g. Bill Pay) consist of a number of monthly service level packages that may include a particular number of transactions that TaxACT will process on your behalf. For each additional transaction above this amount that, you may be charged an additional fee. Other Premium Services (e.g. bookkeeping) may be charged on a periodic (e.g. hourly, monthly, quarterly, annual) basis. TaxACT may change these fees (e.g. hourly rates) at any time, provided that if TaxACT makes any material changes to fees, TaxACT will use commercially reasonable efforts to notify you by sending you an e-mail to the last e-mail address you provided on the Site.  Any changes to Premium Service fees will be effective immediately for new users of Premium Services. New Premium Service fees for existing users shall be effective upon the earlier of thirty (30) calendar days following posting of notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to you.  TaxACT may require you to provide consent to the updated fees in a specified manner as a condition of continuing to provide Premium Services to you.  If you do not agree to such change, you may terminate your use of Premium Services.  Otherwise, your continued use of the Services constitutes your acceptance of the changes.  TaxACT will provide you with an account statement setting forth the current fees owed, generally on a monthly basis. Please see the Pricing portion of the Site for more details. As Premium Services cover a variety of specialized services and situations, please be aware that additional fees may apply.

4.                   PREMIUM SERVICE ASSIGNMENT OF PROS:  Some Premium Services provided by Balance Financial (e.g., bookkeeping) may be provided by a third party financial professional (as also defined in our Consumer Terms, a "Pro") selected by TaxACT. TaxACT reserves the right to change or remove your assigned Pro at any time. You may also request in writing (via email to membership@balancefin.com) that a different Pro be assigned to your account for the purpose of providing the Premium Services. TaxACT will use commercially reasonable efforts to accommodate all such requests. You agree to indemnify, defend and hold TaxACT harmless from any claim related to the assignment (or removal) of a particular Pro to your account.

5.                   INSTRUCTIONS: Premium Services often involve a high degree of collaboration and interaction between you and the Site or between you and your assigned Pro. In order to use these service, you agree to check the Site and your email consistently (i.e. daily if possible) and to respond in writing to requests for information or instructions. You agree to communicate your written instructions accurately, legibly and in a form that TaxACT or your Pro can reasonably understand. You will provide written confirmation or clarification of any instructions that are not clear promptly upon request.  In order to protect the security and integrity of your account, we cannot accept oral (including telephone or other voice application) instructions regarding Premium Services. You are responsible for all decisions, acts or omissions related to your failure to provide adequate instructions. If you do not accept this responsibility, you may not use the Premium Services.
 
THE FOLLOWING TERMS APPLY SPECIFICALLY TO BALANCE BOOKKEEPING SERVICES

6.         BOOKKEEPING SERVICES:  TaxACT also has on staff bookkeepers ("Balance Bookkeepers") that can be assigned to your account at any time upon request to provide additional support services such as overseeing bill payment, scanning and sorting mail, categorizing expenses and generating financial reports or coordinating with vendors and outside professional service providers.  This service is provided for either a flat month rate or at a pre-determined hourly rate under which all pricing terms outlined in section 3 will apply.  Your Balance Bookkeeper is assigned to you by TaxACT and you can request a replacement Balance Bookkeeper at any time by emailing us at membership@balancefin.com.  TaxACT will use commercially reasonable efforts to honor all requests, but cannot guarantee that a replacement will be available in a particular timeframe or at all.  Your Balance Bookkeeper does not create a Fiduciary Relationship between you and TaxACT pursuant to section 2.  Your Bookkeeper will work with you to define service parameters and account management requirements. Ultimate direction and guidance is dependent on you. Any and all requests or instructions to your Balance Bookkeeper must be writing as set forth in Section 5 above.  
THE FOLLOWING TERMS APPLY SPECIFICALLY TO BALANCE FINANCIAL ACCOUNT REPORTING SERVICES ("REPORTING")

7.                   ACCOUNT REPORTING: TaxACT offers a premium service ("Reporting") that assigns categories to the transactions associated with your credit card and bank accounts and then uses the categories to deliver services and reports that help you and your Pros better manage your spending. In order to use Reporting, you must provide us with your online user name, password and other information necessary to communicate with the online site for each credit card or bank account that you desire to categorize. Upon request and subject to any additional Fees set forth in the Fee Schedule, TaxACT will assist you in establishing online user names and passwords for such accounts.  For each account you add, you hereby authorize TaxACT to act as your agent to access the financial institution, retrieve information, and process any requests or instructions you make via the Services. If so requested, TaxACT will mail, or make electronic copies available to you, via secure website, one or more categorization reports with the ability to sort transactions by category.  
THE FOLLOWING TERMS APPLY SPECIFICALLY TO BALANCE FINANCIAL BILL PAY SERVICES ("BILL PAY")

8.         PAYEES AND AUTHORIZATION TO PAY BILLS: In order to use Bill Pay, you must provide TaxACT with information regarding the third parties ("Payees") and the one-time or recurring payments ("Bills") that you wish to have TaxACT pay on your behalf. In order to activate Bill Pay for a particular Bill, you must have both (1) informed TaxACT of the identity of the Payee (including true and accurate information sufficient for TaxACT to identify and locate the Payee) and (2) authorized TaxACT to pay particular Bills from such Payee. TaxACT will have no liability, and you agree to indemnify, defend and hold TaxACT harmless from any claim arising out of a payment that does not meet both of these criteria.

9.                   PAYMENT ACCOUNTS: In order to use Bill Pay, you must provide TaxACT with information regarding your Payment Accounts Payment Accounts must be located in the United States or its territories. You may also establish certain rules and requirements (the "Customer Payment Parameters") for payments to be made by TaxACT on your behalf (e.g., you may specify that if any Bill exceeds a certain amount, TaxACT will notify you instead of paying the Bill).  You hereby authorize TaxACT to charge each of the Payment Accounts in order to fund payments of Bills in accordance with the Customer Payment Parameters. TaxACT will make Bill payments on your behalf either electronically or using such other form of funds transfer that TaxACT may choose to employ.  You agree to maintain a balance in the Payment Accounts that is sufficient to fund all Bill payments by TaxACT in accordance with the Customer Payment Parameters as each Bill payment is made. You warrant and represent that you have the right to authorize TaxACT to charge the Payment Accounts for all Bill payments made by TaxACT in accordance with the Customer Payment Parameters, and you will indemnify, defend and hold TaxACT harmless from any claims by any spouse, ex-spouse, or other third party related to any Payment Account. You also agree that TaxACT is not responsible for any overdraft or insufficient fund situation or charge (including, but not limited to, finance charges, late fees or similar charges) caused by your failure to set up electronic access to a Payment Account or to maintain a balance in the Payment Accounts that is sufficient to fund all Bill payments in accordance with the Customer Payment Parameters as each Bill payment is made. You further agree that TaxACT may charge a service fee (over and above any fee charged by the provider of the Payment Account) for any returned payment, including, but not limited to, returns resulting from insufficient funds in a Payment Account, the fact that a Payment Account is closed, or because you provided incorrect account or routing information to TaxACT. You agree to promptly notify TaxACT in writing of any changes to any Payment Account information.

10.                   RECEIPT OF BILLING STATEMENTS: You are responsible for ensuring that a true and complete copy of each billing statement associated with a Bill is received by TaxACT.  TaxACT will have no liability for any Bill, for which it does not have a true and complete copy. Without limiting the generality of the foregoing, at your request and subject to any applicable fees set forth in the Fee Schedule, TaxACT may assist you with updating the billing address for your Bills, in which case you authorize TaxACT to change the billing address of any Bills designated by you.  You acknowledge that TaxACT may require you to sign an agreement that grants TaxACT power of attorney solely for the limited purpose of updating your billing information. Any such power of attorney remains subject to Section 2 above.  You further acknowledge that, despite a valid power of attorney, certain payees may not allow TaxACT to change the billing address on your behalf and that, notwithstanding any assistance TaxACT may provide, you will remain responsible for ensuring that each billing statement associated with a Bill is received by TaxACT.

11.                   PRESENTMENT; EBILLS:  It is your responsibility to contact your payees directly if you do not receive your statements.  You authorize TaxACT to contact payees on your behalf and to receive your billing statements and billing data, including the right to periodically access third party payee Web sites designated by you ("Payee Sites"), on your behalf, to retrieve your electronic billing data ("eBills").  You agree that TaxACT is your agent solely for these limited purposes.  You represent and warrant that you have the authority to appoint TaxACT as your agent to receive your billing statements, to view and download your eBills, and to use your name, passwords, usernames and any other information you provide to TaxACT for purposes of providing Bill Pay services to you.  You agree that TaxACT may use and store this information on its servers.  You are responsible for all charges associated with TaxACT's use of any Payee Site on your behalf and You agree to comply with the terms of use for each Payee Site. The time necessary for presentment of your first bill may vary from payee to payee and may take up to sixty (60) days, depending on the billing cycle of the payee.  Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the payee. The payee has the right to cancel the presentment of its electronic bills at any time.  You may also cancel electronic bill presentment at any time.  The timeframe for cancellation of your bill presentment may vary from payee to payee.  It may take up to sixty (60) days, depending on the billing cycle of the payee.  TaxACT will notify your payee(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative bill delivery.  TaxACT will not be responsible for presenting any bills that are already in process at the time of termination of Bill Pay or these Terms.

12.                RETURN OF BILLS PAID; STATEMENTS: Each month, TaxACT will mail, or make electronic copies available to you, via secure website, all Bills paid, and a statement of all account activity and transactions. These reports and statements will reflect activity and transactions for the prior month.  

13.               MAIL: You authorize TaxACT to open all mail addressed to you received at the mailing address for Bills designated by TaxACT.  All first class mail may be opened and all Bills will be processed for review and potential payment by TaxACT. TaxACT will retain each Bill for one (1) calendar month after the month in which it is paid, at which point the Bills may be discarded or destroyed by TaxACT.  All other materials and other classes of mail will be either forwarded to you at your expense or discarded, in TaxACT's sole discretion.  TaxACT will not be liable to you for discarding or destruction of mail in accordance with this section.  

14.               exception PAYMENTS: You may not use Bill Pay to make payments from Payment Accounts located outside the United States or its territories or to payees located outside of the United States or its territories.  Tax payments, escrow or closing payments, insurance premium or renewal payments, child support or alimony payments, court ordered payments or any other payment where time is of the essence (each, an "Exception Payment") may be scheduled through the Bill Pay; however Exception Payments are discouraged. You accept full responsibility for Exception Payments and agree to indemnify, defend and hold TaxACT harmless from any and all liability resulting from your use of Bill Pay for Exception Payments. TaxACT has no obligation to research or resolve any claim resulting from an Exception Payment and all research and resolution for any misapplied, mis-posted or misdirected Exception Payments is your responsibility.

15.               PAYEE ADDRESS:  TaxACT reserves the right, but not the obligation, to change the address of a payee to whom TaxACT sends payments in accordance with these Terms, without notifying you, in the following situations:

(a)          the information returned by TaxACT's address cleansing process determines the format of the address does not comply with the USPS standards;

(b)          TaxACT has determined that the address provided is not a valid address for the payee;

(c)           the payee has closed the address, and provided TaxACT (via the USPS) with the new address;

(d)          TaxACT has established a relationship with the payee to send payments to a different address than the one provided on the statement.

In all cases, TaxACT will attempt to act in a way to expedite the proper posting of your payment.

16.               BILL PAYMENT AND EXCEPTIONS: Subject to TaxACT's right to refuse to make a payment in accordance with this section, TaxACT will use commercially reasonable efforts to make on-time payment of each Bill that is received by TaxACT at least ten (10) days prior to the applicable due date, provided, however, that TaxACT will have no liability for its failure to complete or delay in completing any payment arising from any of the following circumstances:

1.     Your Payment Account is closed;

2.     Your Payment Account does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution;

3.     The payee rejects or returns the payment for any reason;

4.     The payee is located outside of the United States and its territories;

5.     The payee mishandles or delays handling or posting any payment sent by TaxACT;

6.     The billing address for the Bill does not match the address used by TaxACT to receive Bills;

7.     The payment is an Exception Payment;

8.     You have provided TaxACT with incorrect information about the payee that you wish to pay, including but not limited to, the payee's address for receipt of payments and your correct account number with the payee;

9.     You cancel a Bill payment pursuant or stops any payment;

10.   Force Majeure circumstances beyond TaxACT's control (for example, fire, flood, war, terrorist attack, epidemic, interference from an outside source, postal delays) prevent or delay the payment from being completed.

11.   The payee has not been explicitly established or approved for payment by you ahead of the initial payment request. 

12.   TaxACT receives a statement by mail referencing a new account or payee that TaxACT is not authorized to pay.

Subject to the foregoing limitations, TaxACT may issue a credit for late payment fees and related charges up to fifty dollar ($50.00) maximum in the event that payment of a Bill by TaxACT posts after the applicable due date, provided, that you provide TaxACT with reasonable written documentation of such fees and charges within ninety (90) days of being incurred. You acknowledge that payees and/or the United States Postal Service may return payments made using Bill Pay for various reasons such as, but not limited to, payee's forwarding address expired; your account number is not valid; payee is unable to locate your account; or your account with payee is paid in full.  TaxACT will use commercially reasonable efforts to research and correct the returned payment and return it to your payee, or void the payment and credit the Payment Accounts.  TaxACT will provide you with prompt notice of any returned payments.  In using the Bill Pay, you are requesting TaxACT to make payments of Bills on your behalf from the Payment Accounts.  If TaxACT is unable to complete the transaction for any reason associated with the Payment Accounts (for example, there are insufficient funds in the Payment Accounts to cover the transaction), you agree that TaxACT is authorized to report the facts concerning the return to any credit reporting agency. If TaxACT pays an incorrect amount from the Payment Accounts, or if TaxACT makes a payment from the Payment Accounts to the incorrect payee, TaxACT shall be responsible for returning the improperly transferred funds to the Payment Accounts, making payment in the correct amount to the proper payee, and, if applicable, issuing a credit for any late payment related charges to the extent described above. 

If TaxACT duplicates a payment or processes a payment for an amount higher than the amount of the Bill (unless requested by you), TaxACT will use commercially reasonable efforts to recover the overpayment from the payee. If TaxACT recovers such overpayment, TaxACT will return the amount of the overpayment to you.  Otherwise, TaxACT will notify you of the overpayment and you will be responsible to make appropriate arrangements with the payee to receive a refund of the credit or have it applied against future balances.

Notwithstanding the foregoing, TaxACT reserves the right to refuse to make any payment, including but not limited to, payments that TaxACT believes to be prohibited by law or payments for which sufficient funds are not available in the applicable Payment Account.  TaxACT may set a maximum dollar amount for payment if TaxACT reasonably believes such limit is necessary or advisable for security reasons.  TaxACT will promptly notify you of TaxACT's decision to limit or refuse to make any payment.  If sufficient funds are not available, a representative from TaxACT will contact you to make arrangements for you to make sufficient funds available to TaxACT.  If sufficient funds are not made available within three (3) days, then TaxACT may refuse to make such payment and return the unpaid Bill to you for payment by you, in which case you will be solely responsible for any finance charges, late payment fees or similar charges associated with such Bill.  TaxACT reserves the right to suspend Bill Pay and/or terminate this Agreement immediately (e.g., without thirty (30) days advance notice) if you fail to keep sufficient funds.

17.              CANCELLING A PAYMENT: You may cancel or edit any Bill payment before it has begun processing of such payment by following the directions within the Bill Pay, provided however, that, once TaxACT has begun processing a Bill payment it cannot be canceled or edited.

18.               NO STOP PAYMENTS: TaxACT does not provide stop payment services. You may independently stop payment of any Bill in accordance with the policies of the financial institution that provides the Payment Account.  However, TaxACT may charge additional fees if a payment is returned or rejected because you have instructed the financial institution to stop payment.  

19.               TRANSACTION DISPUTE PROCEDURE

19.1            NOTICE: You must notify TaxACT in writing of any incorrect or unauthorized transaction no later than ninety (90) days after you receive the first statement containing such transaction.  If you do not notify TaxACT within ninety (90) days after the earlier of (i) the date TaxACT sends the statement to you, or (ii) the date TaxACT makes the statement available to you, as set forth above ("Notice Period"), you will not get back any money you lost after the Notice Period if TaxACT can prove that TaxACT could have stopped a third party from taking the money if you had told TaxACT in time. If a good reason (such as an extended overseas trip or an extended hospital stay) kept you from telling TaxACT or you can show that a delay resulted from your initial attempt to notify the bank or other financial institution where you have your Payment Account, TaxACT may extend the Notice Period for a reasonable amount of time.  You must provide written notice containing (1) your name; (2) your Balance Financial username; (3) a description of the transaction or payment that is incorrect or unauthorized; and (4) the dollar amount that is incorrect or unauthorized. The notice may be provided by the following means:

Email: [membership@balancefinancial.com]

Mail: Balance Financial, P.O. Box 1648, Bellevue, WA 98009-1648. 

19.2            INVESTIGATION: TaxACT will determine whether an error occurred within ten (10) days after TaxACT receives your notice and will use commercially reasonable efforts to correct any error promptly. If TaxACT needs more time, TaxACT may take up to forty-five (45) days to investigate the error. In that case, TaxACT will credit you within ten (10) days after TaxACT receives notice from you, for the amount that you believe is in error.

19.3            EXPLANATION: TaxACT will inform you of the results of TaxACT's investigation within three (3) days after completing the investigation.  If TaxACT decides that there was no error, TaxACT will mail or transmit to you a written explanation within three (3) days after the completion of TaxACT's investigation, and within ten (10) days after the date of such explanation, TaxACT will debit your account for the amount, if any, previously credited to you for use during the time it took TaxACT to complete the investigation. You may request copies of the documents used by TaxACT in making its determination.

END OF BILL PAY SPECIFIC TERMS. REMAINING TERMS APPLY TO ALL PREMIUM SERVICES

20.                   TERM; TERMINATION: These Terms will continue to apply until terminated by either you or TaxACT as set forth below (the "Term").  The Services may be terminated at any time by you upon thirty (30) days' advance written notice to TaxACT. TaxACT may at any time terminate your account or your access to specific Services in its sole discretion if (a) you have breached any provision of these Terms (or have acted in a manner that, in TaxACT's reasonable judgment, shows that you do not intend to, or are unable to, comply with these Terms); (b) TaxACT is required to do so by law; (c) TaxACT determines that continuing the Services imposes excessive risk, cost, time or difficulty; or (d) TaxACT has elected to discontinue the Site or the Services (or any part thereof).  You may, at any time, terminate access by any Pro or Guest to your account by removing them from your contact list in the Account Access section of your Profile. You may also email us at [membership@balancefin.com]. TaxACT will terminate such access within five (5) days after receipt of such written notice.  TaxACT reserves the right to terminate a Pro's access to your account at any time in its sole discretion if (a) Pro has breached any provision of the Professional Terms and Conditions with TaxACT (or has acted in a manner that, in TaxACT's reasonable judgment, shows that Pro does not intend to, or is unable to, comply with that agreement); (b) TaxACT determines that continued access by the Pro imposes excessive risk, cost, time or difficulty; (c) TaxACT is required to do so by law; or (d) these Terms have been terminated by either party.

21.               WARRANTY DISCLAIMER.  PREMIUM SERVICES ARE INTENDED FOR CONSUMER USE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PREMIUM SERVICES ARE PROVIDED "AS IS," AND Taxact MAKES NO (AND HEREBY DISCLAIMS ALL) WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE QUALITY, TIMELINESS, AVAILABILITY OR JUDGEMENT OF PREMIUM SERVICES.

22.               LIMITATION OF LIABILITY: taxact WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BREACH OF LEASE, CANCELLATION OF SERVICES, INTERRUPTION OF UTILITIES, LOSS OF INSURANCE, OR ANY OTHER LOSSES RESULTING FROM THE FAILURE OF OUR PREMIUM SERVICES), EVEN IF taxact HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, taxact'S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT SHALL NOT EXCEED an amount equal to the aggregate fees paid by you to taxact under this agreement during the twelve months immediately preceding the date on which the liability in question first arose.

23.               ASSIGNMENT: Premium Services are personal and may not be assigned.  Any assignment in violation of this section shall be void.

24.               BINDING EFFECT:  These Terms will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and permitted assigns.

25.               NOTICE: For purposes of these Terms, any notices will be sent in writing to the following respective addresses: For Balance Financial: P.O. Box 1648, Bellevue, WA 98009-1648; For you:  the address provided to Balance Financial during registration, which may be updated by you from time to time.

26.               BUSINESS DAYS: For purposes of these Terms, all references to days refer to US days, Monday through Friday, excluding US and Bank Holidays.

27.               GOVERNING LAW: These Terms will be governed by the laws of the State of Iowa without reference to its choice of law rules. 

28.               DISPUTES:

28.1            MEDIATION: In the event of any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms, including any claim or dispute involving a Pro ("Dispute"), the Parties shall attempt in good faith to settle such Dispute through consultation and negotiation, in good faith and a spirit of mutual cooperation. If the parties are unable to resolve such Dispute, the party seeking relief shall submit the Dispute to mediation by providing to JAMS ("JAMS") a written request for a one-day, non-binding mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from a JAMS panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in mediation in good faith and that they will share equally in its costs. The mediation will be treated as a settlement discussion and therefore will be confidential. Neither the parties nor the mediator shall disclose the existence, content or results of the mediation, unless otherwise agreed in writing by both parties. All offers, promises, conduct and statements, whether oral or written, made in the course of mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in mediation.

28.2            ARBITRATION: If the Dispute is not resolved through mediation, the Dispute will be resolved in a cost effective manner through confidential, final, and binding arbitration. Such arbitration shall be administered by, and under the rules of, JAMS, except to the extent such rules are in conflict with these Terms. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and (b) issue a confidential, written arbitration decision including the arbitrator's essential findings and conclusions and a statement of the award.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of JAMS.  All aspects of the arbitration shall be treated as confidential. Neither the parties nor the arbitrators may disclose the existence, content or results of the arbitration, unless otherwise agreed by both parties in writing, except as necessary to comply with legal or regulatory requirements.  Before making any such disclosure, a party shall give written notice to the other party and shall afford the other party a reasonable opportunity to protect its interests. 

28.3            WAIVER; INJUNCTIVE RELIEF: The parties acknowledge that by agreeing to this Dispute procedure, they waive the right to resolve any such Dispute through a trial by jury, judge or administrative proceeding.  Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to prevent irreparable harm pending the resolution of any Dispute in any court of competent jurisdiction. 

29.               ENTIRE AGREEMENT REGARDING PREMIUM SERVICES:  These Terms (along with the applicable additional terms and conditions found on our Site and incorporated herein by reference as described above) contain the entire agreement between the parties related to Premium Services, and no statements, communications, promises or inducements made by either party or any agent of either party that are not contained in these Terms will be valid or binding. The failure of either party to insist upon or enforce strict performance of any provision of these Terms will not constitute a waiver or relinquishment of such party's right to subsequently enforce such provision or any other provision of these Terms.