Client Portal Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
The Client Portal Agreement (the “Agreement”) is made by and between Simons Bitzer & Associates, PC (“Simons Bitzer” or the “Firm”) and the Client (“You”) effective on the dates it is executed by the Firm’s authorized representative. The use of the Client Portal is conditioned upon your acceptance of the terms, conditions, and notices contained herein. By using the portal, you agree to these terms and conditions.
Description of Service
The Simons Bitzer Client Portal provides authorized clients with access to information displayed on the portal for inquiries and deliveries of documents and communications for their account only. The information, documents, and communications on the portal are provided as a convenient resource to clients and may be used for informational purposes only. The information contained on this site should NOT be used as a substitute for consultation with professional accounting, tax, legal, or other competent advisors. Simons Bitzer does not keep original documents. Any client-provided data, records or information placed in the portal by the Client, the Client’s employees or a Third Party user will be removed from the portal upon completion of services rendered under the current engagement.
User Password and Security
Using the portal and its related services requires the use of a password and a user name. The confidentiality of your password and account is your responsibility. Any activities that occur under your account are your responsibility. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. It is prohibited to use another account without the express permission of that account holder.
Login Accounts and Their Security
The Client may request additional users for the Client’s employees or Third Party individuals who need access to the Client Portal by completing the Simons Bitzer Portal Access Agreement. Client agrees to notify the Firm via email at firstname.lastname@example.org in writing when an individual account is to be terminated. The Firm will make every effort to confirm and terminate access within two (2) business days. However, Client cannot be assured that access has been terminated until they receive an email confirmation of termination.
You must at your own cost (a) provide for your own access to the Internet and pay any service fees, connection charges, and online services usage associated with such access (b) provide all equipment necessary for you to make such connection to the Client Portal, including a computer and modem, (c) maintain your original data and records, (d) retrieve and retain all tax returns, financial statements, documents and other work product as Firm has no responsibility to retain Client-provided data, records, or information, and Client’s access to data, records, information and work product placed in the Client Portal is expected to be terminated upon disengagement.
Accuracy of Content and Liability Disclaimer
SIMONS BITZER & ASSOCIATES, PC WILL STRIVE TO USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UPDATED INFORMATION ON THE PORTAL; HOWEVER, YOU UNDERSTAND AND AGREE THAT SIMONS BITZER & ASSOCIATES, PC IS UNDER NO OBLIGATION TO DO SO AND NEITHER SIMONS BITZER & ASSOCIATES, PC NOR ITS SUPPLIERS MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SUSTAINABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION SOFTWARE, DOCUMENTS, AND COMMUNICATIONS CONTAINED ON THE PORTAL FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, DOCUMENTS, AND COMMUNICATIONS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SIMONS BITZER, AND ITS SUPPLIERS, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, DOCUMENTS, AND COMMUNICATIONS, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIMONS BITZER & ASSOCIATES, PC, OR ITS SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR THE PERFORMANCE OF THE PORTAL, WITH THE DELAY OR INABILITY TO USE THE PORTAL OR RELATED SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SIMONS BITZER & ASSOCIATES, PC OR ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATES DO NOT PERMIT THESE TYPES OF LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
GIVEN THE CHANGING NATURE OF FEDERAL AND STATE LAWS AND THE INHERENT HAZARDS OF ELECTRONIC COMMUNICATION, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN INFORMATION CONTAINED IN THIS SITE. AS SUCH, NO INFORMATION ON THIS OR RELATED SITES SHOULD BE USED AS A SUBSTITUTE FOR CONSULTATION WITH PROFESSIONAL ACCOUNTING, TAX, LEGAL, OR OTHER COMPETENT ADVISORS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PORTAL, INFORMATION, DOCUMENTS, OR COMMUNICATIONS ON THE PORTAL, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE PORTAL AND THE INFORMATION, DOCUMENTS, OR COMMUNICATIONS YOU OBTAINED FROM THE PORTAL.
Icons, Logos, and Other Proprietary Material
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the portal are registered and common law trademarks of this firm. Nothing contained on the portal should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks displayed on the portal without the written permission of this firm. Your use of any of the Trademarks displayed on the portal or displayed on any content on the portal is strictly prohibited. You should assume that everything you see or read on the portal is copyrighted and is a trade secret and may not be used except as provided in these terms and conditions of use or in the text on the portal without the written permission of this firm or its suppliers.
Changes to Terms and Conditions of Use
Simons Bitzer & Associates, PC reserves the right to modify the terms, conditions, and notices under which the portal is offered.
Confidentiality, Information Protection, and Protection of Data
Notwithstanding any existing legal or contractual obligations regarding confidentiality between you and Simons Bitzer & Associates, PC, you undertake to treat all knowledge relating to business secrets, which come into your possession, as confidential. You shall assure that any protected data, which comes into your possession through the use of the portal, is not transmitted to any unauthorized person. In partial consideration of the opportunity to access the resources of the portal concerning your account, you agree to maintain the strict confidentiality of access of the portal and its data to you and your authorized employees and to indemnify and hold harmless Simons Bitzer & Associates, PC and its officers, shareholders, and employees and their heirs, successors, and assigns from and against any and all claims, actions, demands, losses, damages, judgments, costs, and expenses, including, without limitation, reasonable attorneys’ fees and liabilities of every kind that may arise from your or your employees’ use of the portal or because of violation of these terms and conditions of use.
No Unlawful or Prohibited Use
You are prohibited from using the portal to damage, disable, or overburden Simons Bitzer & Associates, PC’s servers or network or impair the portal or interfere with any other party’s use of the portal. Hacking, password mining, or any other means to gain unauthorized access to the portal, portal accounts, computers, or network is prohibited. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law is also prohibited. Simons Bitzer & Associates, PC will fully cooperate with any law enforcement authorities or court order requesting or directing this firm to disclose the identity of anyone posting any such information and materials. This firm is an equal opportunity employer and values the diversity of its people.
This is the entire agreement between the Firm and Client regarding its subject matter. This Agreement does not modify or affect any existing or future engagement letter or agreement between the Firm and Client. The Firm may, in its discretion alter, add to or delete the Terms and Conditions form time to time without any prior notice.
By using the Client Portal, you hereby acknowledge that you have read the Client Portal Agreement and that you agree to its terms and conditions.