Terms of Service

Brooksite Financial, d/b/a, Brooksite GP, is a general partnership, registered in the State of New Jersey, operates the Brooksite Edge, www.bgp-edge.com ,website, which provides the Service. Please read these Terms of Service, together with the Brooksite Edge Privacy Policy (“Privacy Policy,” a copy of which may be found at https://www.bgp-edge.com/privacy which is hereby incorporated by reference as if fully set forth herein) (collectively the "Terms") fully and carefully before accessing or using https://www.bgp-edge.com or any other platform or website(s) offering the Brooksite Edge Services (collectively, "Website") or any content, products, and/or services made available by Us (together with the Website, the “Brooksite Edge Services”). By visiting our site and/or purchasing services from us, you engage in our Service and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

The Terms set forth the legally binding terms and conditions governing your access to and use of the Services. You understand that your acceptance as a client of the Brooksite Edge Services is conditioned upon Brooksite GP's client acceptance policies and procedures. You understand the quality of the services provided by Brooksite GP are dependent upon the accuracy of the information provided by you, including but not limited to the completeness, spelling, grammar and consistency of names, addresses, descriptions, financial information and the like. You also understand it is your sole responsibility to provide complete and accurate information and you will review all final document(s) before approving, signing, submitting and or returning them to the designated recipients. You understand we will not perform management functions or make management decisions for you. However,we may provide advice, research materials and recommendations to assist your management in performing its functions and making decisions.  

The Brooksite Edge Services include bookkeeping and the preparation of monthly financial statements prepared on the tax basis of accounting based on information you provide. These are not intended to be a full set of financial statements.

You understand and agree that the Brooksite Edge Services does not include filing fees and or business licensing fees. Except as otherwise noted, filing and recording fees include all mandatory or applicable federal, state, county and local administrative fees and may also include publishing, name check, handling processing fees and business licensing.

Your Responsibilities

As a condition to our performing the services described above, you agree to:

 

  • Make all management decisions and perform all management functions, including determining account codings and approving all proposed journal entries

  • Designate an individual who possesses suitable skill, knowledge, and/or experience,preferably within senior management, to oversee the services

  • Evaluate the adequacy and results of the services performed

  • Accept responsibility for the results of the bookkeeping services

  • Establish and maintain internal controls over the bookkeeping processes and monitor ongoing activities

  • Review the financial statement for errors and notify us on a timely basis

  • Ensure that the business complies with the laws and regulations applicable to its activities

You agree that your management and employees are responsible for the proper recording of transactions in the records, the safekeeping of assets, and the accuracy of the financial statements. In addition, we have no responsibility to identify and communicate deficiencies or material weaknesses in your internal control as part of this engagement.

Our Responsibilities

We will perform the services in accordance with applicable professional standards issued by the American Institute of Certified Public Accountants. In providing these professional services, we will comply with the AICPA's Code of Professional Conduct, including the ethical principles of integrity, objectivity, professional competence, and due care. 

 

The Brooksite Edge Service is limited to bookkeeping services, Brooksite GP, in its sole professional judgment, reserves the right to refuse to take any action that could be construed as making management decisions or performing management functions, including determining account codings and approving journal entries.


Our services will be performed based on data and information you provide to us. We will not verify or audit this information. We will not inspect cancelled checks, substitute checks, or any legal equivalent of checks when we reconcile your bank account. We will not audit, review, or compile your financial statements. Our services does not include any procedures designed to detect errors, fraud, or theft; therefore, our services cannot be relied upon to disclose them. However, it may be necessary to ask you for clarification of some of the information you provide, and we will inform you of any material errors, fraud or illegal acts that come to our attention, unless they are clearly inconsequential.

Accuracy, Completeness and Timeliness of Information


We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Brooksite GP is not a substitute for a lawyer or law firm.

 

You hereby acknowledge and agree that Brooksite GP, Brooksite Edge Services and other content are not a law firm or a substitute for a law firm. Brooksite GP cannot and does not render any legal services to you and Brooksite Edge Services are not and should never be a substitute for legal advice or legal services without limiting the foregoing. Your communications with Brooksite GP are not attorney work-product and are not protected under any privilege, including attorney-client privileged. If You need legal advice, we encourage You to hire a lawyer.

Payment 

You acknowledge that the Brooksite Edge Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. You are responsible for payment of all taxes in addition to the Subscription Fee. YOU ACKNOWLEDGE AND AGREE THAT BROOKSITE GP MAY SUBMIT MONTHLY CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.


We may change the amount of  the Subscription Fee in its sole discretion from time to time upon notice to You. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof ) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

Termination

Billing will begin from the day Your billing details are added into the Brooksite Edge Service account. Brooksite GP will not provide any refund for any remaining prepaid period for a prepaid Subscription Fee subscription.


These Terms will continue for the period covered by the Subscription Fee. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided you continue to pay the prescribed Subscription Fee when due, unless you terminate this agreement by giving notice to Brooksite GP at least thirty (30) days in advance. If this agreement is terminated in this manner on less than thirty (30) days before the end of your current billing period, Subscription Fees will be charged on a pro-rata basis for the following month until termination takes effect. Brooksite GP may terminate this agreement at any time immediately upon notice to you.

Additional Terms for Optional Tax Services

This shall apply only to Subscribers who requested the option to receive tax preparation services as part of the Brooksite Edge Services. 

 

In the interest of enhancing our availability to meet your professional service needs while maintaining service quality and timeliness, we may use a third-party service provider to assist us in the preparation of your tax returns. This provider has established procedures and controls designed to protect client confidentiality and maintain data security. As the paid preparer of your tax returns, we remain responsible for exercising reasonable care in preparing your tax return, and your tax return will be subjected to our firm's normal quality control procedures. 

 

This engagement does not include responding to inquiries by any governmental agency or tax authority. If your tax return is selected for examination or audit, you may request that we assist you in responding to such inquiry. In that event, we would be pleased to discuss aiding you under the terms of a separate engagement letter for that specific purpose.

Federal, state, and local taxing authorities impose various penalties and interest charges for noncompliance with tax law, including for example, failure to file or late filing of tax returns and underpayment of taxes. You as the taxpayer remain responsible for the payment of all taxes, penalties, and interest charges imposed by taxing authorities.

You are responsible for determining any other tax filing obligations with any state or local tax authorities, not referred to in the scope of this engagement, including, but not limited to, property, franchise, or payroll taxes. If it comes to our attention that you may have an obligation to file additional income or withholding tax returns, we will notify you of this in writing and ask you to contact us. If you ask us to prepare these returns, we will confirm this in a letter and detail the additional charges for this service.


Certain communications involving tax advice may be privileged and not subject to disclosure to the IRS. By disclosing the contents of those communications to anyone, or by turning over information about those communications to the government, you (or other employees) may be waiving this privilege. To protect this right to privileged communication, please consult with us or an attorney prior to disclosing any information about our tax advice

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It may become necessary to apply for an extension of the filing deadline if there are unresolved tax issues or delays in processing, or if we do not receive all the necessary information from you on a timely basis. Applying for an extension of time to file may extend the time available for a government agency to undertake an audit of your return or may extend the statute of limitations. Additionally, extensions may affect your liability for penalties and interest or compliance with government or other deadlines.


You should retain all the documents, canceled checks and other data that form the basis of income and deductions. These may be necessary to prove the accuracy and completeness of the returns to a taxing authority. You have the final responsibility for the income tax returns and, therefore, you should review them carefully before you sign them. Unless we are otherwise advised, you confirm that expenses such as meals, travel, entertainment, vehicle use, gifts, and related expenses for your business are supported by necessary records required by the Internal Revenue Service. At your request, we are available to answer your questions and advise you on the types of records required.

We will electronically file the returns and extensions we prepare for You that are subject to tax authority mandates. The filing instructions that We provide to you will indicate the returns and extensions that We have electronically filed on Your behalf, if any, and will provide instructions and filing copies for your paper filing of the returns and extensions that were not electronically filed.

The Brooksite GP electronic filing identification number (EFIN) will be included in certain e-filing documentation we will provide to you for the returns e-filed using third-party licensed software. The Brooksite GP EFIN is proprietary to Brooksite GP and You are not authorized to use the Brooksite GP EFIN for any purpose. If You do not wish to have Brooksite GP electronically file Your returns, You must inform us in writing.

 

Disclaimer of Warranties: Limitation of Liability


We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Brooksite GP, our partners, managers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification 


You agree to indemnify, defend and hold harmless, Brooksite GP and our affiliates, partners, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Accountancy Act
For engagements where services will be provided by Brooksite GP located in California, You acknowledge that certain of Brooksite GP's who may be considered "owners" under the California Accountancy Act and implementing regulations (California Business and Professions Code section 5079(a); 16 Cal. Code Regs. sections 51 and 51.1) and who may provide services in connection with this engagement, may not be licensed as certified public accountants under the laws of any of the various states.

Termination


The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof ).


Entire Agreement


The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any  ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of state of New Jersey.

Contact Us

If you have any questions or suggestions about our Terms & Conditions, do not hesitate to contact us at info@brooksite.biz 

Updated 10/10/2019

IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT USE THE BROOKSITE EDGE SERVICES.

© 2004 - 2020 Brooksite GP, a registered New Jersey general partnership. Brooksite Core and Brooksite Edge are service marks. All rights reserved. 

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