Accounting Members conditions | Professional Accountants : Accounting members conditions and contracts
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These terms and conditions apply to subscribing white label members. The agreement is between the BFIN SASU (HQ) Reg N° 535217731 Montpellier France and its subsidiaries or group of companies all named BFIN (Ltd, …, SASU) and its subsidiaries and Brands when applicable and subscribing members to the – www.softdrive.company – platform with offices in France, UK Commonwealth and Asia.
1. AGREEMENT
This Agreement describes the terms governing your use of the softdrive white label platform online services provided to you on the www.softdrive.company and www.softdrive.technology
Website and cloud interface via www.softdrive.technology It including content, updates and new releases, (collectively, the “Services”) and It includes by reference:
Soft Drive Privacy Statement provided to you in the Services available on the website or provided to you otherwise.
YOUR RIGHTS TO USE THE SERVICES
The Services are protected by copyright, trade secret, and other intellectual property laws; You are only granted the right to use the Services and only for the purposes described by BFIN – Soft Drive who reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, BFIN grants to you a personal, limited, nonexclusive, and transferable right by agreement and acceptation by BFIN to transfer your platform to another ownership and thus BFIN grants license to use the Services.
You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
-Provide access to or give any part of the Services to any unauthorized third party.
-Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
-Make the Services available on any file sharing or application hosting service.
2. Ownership
The software, database and all pertaining interfaces, data, development, brand and image on each software is the property of BFIN. Take note BFIN develops its own software, database and products intern. No sale or transfer of such data is allowed.
3. PAYMENT.
For Services offered on a payment or subscription basis, the following terms apply, unless BFIN notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
a. Payments will be billed to you by BFIN in your local currency or the $, £ or € equivalent. Meaning from your local currency changes to the foreign currency indicated. Thus you pay the amount or value in your local currency, You may choose to use from the onset pounds £, Euros € or U.S. Dollars, or other currencies which may be made available to you (plus any and all applicable taxes, including without limitation sales tax -VAT – GST according to the terms you know and as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the payment page, ordering or payment terms on the website for the Services.
b. You must pay with one of the following:
b 1. A valid credit card, debit card acceptable via the members payment page online at www.softdrive.company secure members page, where you will find the members secured payment.
b 2. In countries where accepted by transfer international to BFIN International payment account also provided on members payment page or
b 3. By another payment option BFIN will provides on the members payment page.
c. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
d. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service for recurring billing programs and do not update your payment information, then we may suspend your access, until you authorize us to continue billing your account with the new updated details. Or simply make the bank transfer in time to meet due payment date.
e. You may cancel your account any time, with a 30 day notice by email and instruct us to migrate your data by backup and transfer the file to you. Continuing to keep your data on our system without cloud use must be arranged at a fee, where we will store the data for the legal term required by law.
4. White label conditions
The member is authorized to brand his platform 100% to the members name and logo, no other name will be displayed. Member’s logo – name on top left of software product issued and client of member’s logo displayed on top right.
All clients are property of the member. All data is property of the member and pertaining data property of the client. All database and software development is property of BFIN.
Members must disclose their retail price and conditions to their client before engagement of any service or sale of software.
Member can mark-up the wholesale price to their product price and add on any service and repack the product according to their product listing with their own product name and branded image.
The members admin dashboard is used to create and brand that members products, with no limitations of software creation pertaining to that country licence rights have been purchased, where as the entry fee paid will determine – cover one country per entry fee paid. To add your country licences multiply your entry fee and state which country you are purchasing for.
The software issued to clients is under the management responsibility of the soft drive member uniquely.
Entry fee is paid per country location. Those members who intend to sell through more than one country must have paid that countries entry fee for that country. Entry fees are once off and are fixed per country on the global price page.
Member’s software issued is unlimited and according to prepaid subscriptions paid monthly in advance.
Members may sell and transfer their member’s subscription with contents at no extra charge. BFIN must be advised before hand by email of which members must receive a confirmation by BFIN prior to engaging such transfer
What is a white label member
A white label member is an independent accounting business, financial expert, product specialist or provider building their own managed client base with their marketing businesses own brand. All supported by a software platform – SoftDrive- which is 100% dedicated to all members requiring to brand and build their own name providing accounting and financial management services to their clients.
5. DISCLAIMER OF WARRANTIES
Your use of the service and the content is entirely at your own risk. Except as described in this agreement, the services are provided “as is”. To the maximum extent permitted by applicable law, BFIN, its affiliates, its group of companies, and its third party providers, Licencors, Distributors or suppliers (collectively, “suppliers”) disclaim all warranties, express or implied, including any warranty that the services are fir for a particular purpose, title, merchant ability, data loss, non – interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, quality or content or linked to the services. BFIN and its affiliates and suppliers do not warrant that the services are secure, free from bugs, viruses, interruption, errors, theft or destruction of any or of any illegal type. If the exclusions for implied warranties do not apply to you, any implied warranties are limited to 60 days from the date of purchase or delivery of the service, whichever is the sooner and the amount of warranty should not exceed the subscription value paid.
BFIN, its affiliates and suppliers disclaim any representations or warranties of how you use the service, input data and that your use of the services will satisfy or ensure your compliance with any legal obligations or laws and regulations. You are solely responsible for the ensuring that your use, programming of the software is in accordance with the applicable law. Notwithstanding the foregoing, no provision of this agreement shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by the pertaining applicable laws that govern this contract and for the avoidance of doubt BFIN does not exclude liability for :
-Death or personal injury caused by its negligence or the negligence of its staff, officers, employees, contractors or agents, members, soft drive members.
-Fraud or Fraudulent misrepresentation
-Any other liability which cannot be lawfully excluding by contractual agreement of the parties.
6 LIMITATIONS OF LIABILITY AND INDEMNITY
BFIN supplies the software, empty with accounting or financial data, its data base an accounting base product that is developed for users to process their own financial records and thus to the maximum extent permitted by applicable law, international, locally or laws that govern BFIN group, the entire liability of BFIN, its affiliates and suppliers, staff for all claims relating to this agreement shall be limited to the amount paid for the service during the twelve (12) months prior to such claim. Subject to applicable law BFIN and all associated parties and not liable for any of the following: (i) Indirect, special, incidental, punitive or consequential damage; (ii) Damages relating to failures of telecommunications, the internet electronic communications, corruptions, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investments, or use of the software or hardware that does not meet BFIN systems requirements. BFIN must be advised on any of the incidence you have experienced immediately to protect it and its clients from any loss, which may mean shutting down access and switching off the servers until the threat has passed. BFIN even though advice will not be responsible for damages prior and after the incident you have experienced.
You agree to indemnify and hold BFIN and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). BFIN reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by BFIN in the defense of any Claims.
7. CHANGES.
BFIN reserves the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes. You may also request and extension of a regulation or modification, and will deemed to be accepted by you and BFIN when you receive a text contract on paper noting such change – signed by both parties
8. TERMINATION.
BFIN may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications or pay your subscription. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect BFIN’S rights to any payments due to it. BFIN may terminate a free account at any time. Sections, the pertaining conditions will apply and continue to be in force and remain in effect even if the Agreement is terminated.
9. EXPORT RESTRICTIONS.
You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data – European data – Asia data information, all belonging to BFIN, its data base and all software is developed and owned by BFIN. All subject to restrictions under export control laws and regulations administered by International tax laws especially in France, Europe, Asia, the United Kingdom and the USA. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly. Unless your membership entitles you to sell cross borders, by way or paying the entry fee for each country, this entitles use and not ownership or export of the soft drive database.
10. GOVERNING LAW AND JURISDICTION.
This Agreement will be governed by International law, and the laws of Europe, France, England and Wales, and Asia without regard to its conflicts of law principles and notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of BFIN’S or its Suppliers’ intellectual property rights may cause BFIN irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that BFIN shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect BFIN rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts pertaining to the members breach – members location simultaneously the courts of England and Wales, France Asia, USA or Europe and you agree that you will procure that any third party making a claim against BFIN arising out of this Agreement shall bring such claim exclusively in the PERTAINING courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.
BFIN does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. BFIN prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.
11. LANGUAGE.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version; the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
12. Privacy policy, security and applicable law
Privacy respect – We do not give your information to anyone! All your data, and online software data is for your use and in total security & privacy. If forward a request in writing – we will not backup your data, meaning you doing this yourself and it is standard policy to back up date for security, in case you need a copy.
We use your details to list you as a client and to interact with you ourselves; we do not sell or give your details to anyone. It will or may be used to send you a newsletter, updates, and invoicing. We will probably ask you to send us proof of ID, registration & address to protect you and your data, as you may request access changes and we need to verify you for security before making any changes. And when we do please be patient as this is for your own protection.
Self-protection – You must protect your access code to your software and make your staff sign a confidentiality disclosure regulation agreement. We do not view your code and are unable to send it if you phone. You need to use the loss password system.
Privacy respect for data request by your local government authorities: We will pass the request onto you and you must then hand over or meet that legal request requirement locally.
13.Ownership, backup and retention of records
During the course of our work we may collect certain documents and other information relevant to your accounting, company registration and tax affairs. Upon termination of the service we will return any original document back to you if requested. Furthermore, unless you tell us not to, we intend to destroy correspondence and other papers that we store that are more than seven years old, other than documents which we think may be of continuing significance. All online records will be kept for existing clients subscribing monthly. Clients that have terminated their contract, must subscribe to our online storage plan for us to keep their records and documents for their country’s compliance period or our seven years period. Thereafter all records are destroyed.
Ownership of accounting entries and work is that of the client and may be retrieved anytime on condition payments are up-to-date.
The client must back backups, of the client’s online accounting software, up daily. BFIN does backups, but is under no obligation to do so. You can contract BFIN to do this. For all other services BFIN makes backups every time a session of work is completed.
14. The availability of the BFIN service
BFIN will try to make the service available at all times but cannot guarantee that the service will operate continuously or without interruption or be error free and accept no liability for it’s unavailability due to circumstances beyond our control.
BFIN may, for operation reasons change the technical specification of the service or temporarily suspend the service for operational reasons such as repair, maintenance or improvement.
15. F. Money laundering
According to compliance regulations as we do not check the contents of your software issued or its usage to protect your privacy policy and because it would not be legal, so please do not use our software for money laundering. we need to inform you that our software complies with all regulations and that its use by clients must be done so within their country regulations and should comply with GAAP standards, and the onerous duties imposed by the Terrorism Act 2000, the Proceeds of Crime Act 2002, the Fraud Act 2006 and the Money Laundering Regulations 2007 (the “Anti Money Laundering Legislation”), which are intended to inhibit the activities of terrorists and other criminals by denying them access to technical experts. If we fail to perform and respect these regulations and duties, ourselves and clients may risk imprisonment.
Before you use our software and any associated services, we or our professional accounting members need to obtain “satisfactory evidence” to confirm your identity. In certain circumstance, we may need to obtain evidence confirming the identities of third parties, the source of any funds or other property, the purpose of any instructions or any other matter. We may also need to obtain further evidence after we have begun to act on your instructions and the evidence may include searching by electronic means.
We assume that our clients are honest and law abiding. However, if at any time, there appear to be grounds to suspect (even if we do not actually suspect) that your instructions relate to “criminal property”, we are obliged to make a report to the Serious Organised Crime Agency (“SOCA”) but we are prohibited from telling you that we have done so.
In such circumstances, we must not act on your instructions without consent from SOCA. If SOCA do not refuse consent within 7 working days we may continue to act. If SOCA issue a refusal within that time, we must not act for a further 31 days from the date of the refusal.
“Criminal property” is property in any legal from, whether money, real property, rights or any benefit derived from criminal activity. it does not matter who carried out the criminal activity or how removed the property is from the original crime. Even if you are honest in your dealings, if your property represents a benefit from someone else’s crime, we must still make a report.
Activity is considered “criminal” if it is a crime under European Law, no matter how trivial, and whether carried out in Europe or abroad. For example, tax evasion is a criminal offence but an honest mistake is not an offence.
16. Other condition stated on the web
All presented conditions on the web www.softdrive.company apply. Members must in turn apply those conditions with to their cleints.
17. Acceptation of the conditions
This is due to be the cause, duly accepted by the member on purchasing any product or serive from bfin – softdrive. A copy of these conditions will be posted to your platform or sent to you by mail once your pruchase is confirmed.