Terms & Engagement Agreement

A1. The Parties and Acceptance

This Client Engagement & Services Agreement (the “Agreement”) is between Better Ways Accounting & Tax, LLC, an Arizona limited liability company (the “Firm”), and the business or individual who accepts it (the “Client”).

Acceptance. You accept by checking the box presented at checkout, by signing electronically, or by paying any invoice or subscription charge. Any of these is your electronic signature and creates a binding contract. You confirm you are at least 18 and authorized to bind the Client.

Business purpose. The Firm serves businesses, and individuals in connection with a trade, business, or investment activity. You represent that you are engaging us for that purpose and not for personal, family, or household purposes.

Order details. Your plan, fee, add-ons, and any prior-year catch-up work are shown at checkout and in your portal account (the “Order”), and form part of this Agreement.

A2. Services

Depending on your Order, we make available: ongoing bookkeeping and monthly financial statements; prior-period catch-up bookkeeping for the years purchased; business and individual tax return preparation and filing; payroll processing and filings; sales and transaction privilege tax filings; accounts receivable and payable tools; and access to the client portal, document storage, secure messaging, and scheduled meetings with assigned staff.

Availability, not output. Fees purchase the Firm’s availability, capacity, and readiness to perform for the full Term, together with the portal and assigned staff. Our obligation is satisfied by making the Services available. Fees remain fully earned and payable whether or not you request, use, or provide the information necessary for any particular deliverable.

Not included. Unless separately agreed in writing: audit, review, or compilation engagements; forensic accounting; representation in tax controversy, examination, or litigation; investment, legal, or insurance advice; registered agent services.

No guaranteed outcome. We do not guarantee any particular tax result, refund, saving, deduction, financing outcome, or freedom from examination.

A3. Term, Twelve Months, Non-Cancelable

This Agreement begins when you accept it and continues for twelve (12) consecutive months (the “Initial Term”).

THE INITIAL TERM IS NON-CANCELABLE AND NON-DIVISIBLE. You are committing to the entire twelve-month engagement, not to twelve separate monthly engagements. Monthly billing is a payment convenience and does not make this a month-to-month arrangement.

Renewal. The Agreement renews automatically for successive twelve-month terms unless either party gives written notice of non-renewal at least thirty (30) days before the current term ends. Later notice takes effect at the end of the following term.

Non-renewal is not cancellation. Proper notice ends the engagement at the end of the current term and owes no Term Fee. Ending early is governed by A6.

No pausing. We do not offer suspension, pausing, or downgrade during a term. Reduced usage, business closure, sale of the business, or engaging another provider does not reduce or suspend the fees owed for the Term.

A4. Fees, Billing, and Payment Authorization

Recurring fees are billed monthly in advance, or annually in advance on an annual plan. Catch-up bookkeeping, prior-year returns, and other one-time work are billed at purchase.

Payment authorization. You authorize the Firm and its payment processors to store your payment method and charge it on a recurring basis for all amounts owed under this Agreement, recurring fees, one-time fees, past-due balances, and any Term Fee under A6. This covers credit and debit cards and, where you provide or link a bank account, ACH debits from it. It remains in effect for the Term and until all amounts owed are paid in full.

ACH. Where you authorize ACH debits, you confirm the account is a business account you are authorized to debit, and authorize debits and any necessary corrective credits. You may revoke in writing with ten (10) business days’ notice; revoking does not reduce, suspend, or discharge any amount owed, and you must promptly supply an alternative payment method.

Annual increase. Recurring fees increase at the start of each Renewal Term by up to ten percent (10%), rounded up to the nearest whole dollar. An increase within that range is part of what you agree to and no separate notice is required. Any increase beyond 10% requires at least thirty (30) days’ written notice before it takes effect.

Failed payments and suspension. You remain responsible for failed amounts and any bank or processor fee we incur. We may retry the payment method, charge interest at the lesser of 1.5% per month or the maximum Arizona law allows, and suspend the Services if any amount is more than ten (10) days past due. Suspension does not pause fees accruing for the Term.

A5. Fees Are Earned When Paid and Are Non-Refundable

ALL FEES ARE EARNED WHEN PAID AND ARE NON-REFUNDABLE, IN WHOLE OR IN PART, FOR ANY REASON.

This includes fees for periods you did not use the Services; fees paid before you provided the records needed to begin; fees for catch-up or prior-year work you later decide not to pursue; and fees paid before a decision to close, sell, or discontinue your business.

Why. We commit staff capacity, software licensing, and professional availability to your engagement for the full Term the moment you accept. That commitment is made and cannot be recovered whether or not you use it.

Goodwill. We may at our sole discretion issue a service credit or partial refund in a particular case. Doing so is not an admission, does not modify this Agreement, and creates no expectation of doing so again.

A6. Early Termination, Term Fee

If you terminate before the end of a term for any reason other than our uncured material breach, or if we terminate for your material breach or non-payment, the entire remaining balance of the Term becomes immediately due (the “Term Fee”).

Calculation. The Term Fee equals the total fees payable for the full term less amounts already paid toward it. Where a term was prepaid in full, those amounts are non-refundable under A5 and there is nothing further to accelerate.

Collection. You authorize us to charge the Term Fee to the payment method on file. If that charge does not succeed, it is payable on demand.

Not a penalty. The parties agree the Term Fee is a reasonable measure of the compensation bargained for in accepting a twelve-month commitment and reserving capacity for it, that actual damages would be difficult to calculate precisely, and that it is not a penalty.

A7. Your Responsibilities

You agree to provide complete and accurate records promptly on request; keep your financial accounts connected to the portal and reconnect when asked; review statements, returns, and filings before they are finalized and tell us promptly of anything that looks wrong; sign and return authorizations and filing approvals when requested; keep your contact details current; and make all payments when due.

Deadlines we cannot meet because information arrived late, incomplete, or inaccurate are your responsibility, including any resulting penalty or interest.

A8. Billing Questions and Chargebacks

Contact us first. If you believe a charge is incorrect, you agree to contact us at billing@betterwaysaccounting.com or (602) 880-1290 within sixty (60) days of the charge, and to allow at least ten (10) business days to respond, before initiating a chargeback, payment dispute, or reversal with your card issuer or bank.

Chargebacks are a breach. Initiating a chargeback for fees properly billed under this Agreement, without first following the paragraph above, is a material breach. We may treat it as an early termination, making the Term Fee immediately due, and may suspend the Services. You are responsible for our reasonable costs of responding to a chargeback that is withdrawn or decided in our favor, including processor fees and reasonable attorneys’ fees.

Acknowledgment. You acknowledge the Services are made available from the moment your account is activated, that this Agreement was presented to you before payment, and that your acceptance was recorded electronically together with the date, time, and network address it was given from.

A9. Confidentiality, Records, and Data

Each party will keep the other’s confidential information in confidence and use it only to perform under this Agreement. We may disclose where required by law, by a regulator, or by a professional standards body, or to subcontractors and service providers bound by equivalent obligations.

Records you provide remain yours; work papers, internal analyses, templates, and our systems remain ours. On written request following full payment, we will return or make available your records in a commercially reasonable electronic format. We use third-party providers for payment processing, bank data aggregation, document storage, communications, and software-assisted document review.

A10. Limitation of Liability

To the maximum extent permitted by law, our total liability arising out of or relating to this Agreement will not exceed the total fees you paid in the twelve (12) months immediately preceding the event giving rise to the claim. Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, or business opportunity.

We are not responsible for taxes, penalties, or interest you would have owed regardless, or that result from information provided late, incompletely, or inaccurately. Any claim must be brought within one (1) year after it arose or it is permanently barred. Nothing here limits liability for fraud, willful misconduct, or anything that cannot be limited under Arizona law.

A11. Termination for Cause

You may terminate for our material breach on written notice describing it, if we fail to cure within thirty (30) days; no Term Fee is owed. We may terminate immediately on written notice if you fail to pay, materially breach, fail to provide information necessary to perform, request work we reasonably believe is unlawful or contrary to professional standards, or behave abusively toward our personnel , any of which triggers the Term Fee under A6.

A12. Arbitration, Jury Waiver, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES ARE RESOLVED AND LIMITS THE FORUM AVAILABLE TO YOU.

Informal resolution first. Before starting arbitration, the party raising a dispute will send the other a written description and allow thirty (30) days to resolve it informally.

Binding arbitration. Any dispute not resolved informally will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Maricopa County, Arizona. Judgment on the award may be entered in any court of competent jurisdiction.

Collections carve-out. We may bring an action for unpaid fees, including the Term Fee, in any court of competent jurisdiction, and may pursue collection through a collection agency, without first arbitrating. Small-claims actions are likewise excluded from arbitration.

JURY TRIAL WAIVER. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO TRIAL BY JURY.

CLASS ACTION WAIVER. DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

If the class action waiver is found unenforceable as to a particular claim, that claim will proceed in court rather than arbitration, and the rest of this section continues to apply to all other claims. In any action or arbitration to enforce this Agreement, the prevailing party may recover reasonable attorneys’ fees and costs.

A13. General

This Agreement is governed by the laws of the State of Arizona, without regard to conflict-of-laws rules. We may update it for engagements entered into or renewed after the update; material changes affecting an active Term take effect at your next renewal with at least thirty (30) days’ notice.

Electronic records. You consent to transact electronically. Electronic acceptance, signatures, and records satisfy any requirement that this Agreement be in writing or signed. Our records of your acceptance, date, time, network address, and version accepted, are admissible evidence of it.

This Agreement and your Order are the entire agreement on this subject. If any provision is unenforceable it will be modified to the minimum extent necessary and the remainder continues. A failure to enforce is not a waiver. You may not assign without our written consent; we may assign in a merger, acquisition, or sale of substantially all assets. We are an independent contractor.

Notices. Notices to you may be sent to the email address on your account. Notices to the Firm must be sent to contact@betterwaysaccounting.com and to Better Ways Accounting & Tax, LLC, 12020 N 35th Ave #108, Phoenix, AZ 85029.

A14. Acknowledgment

By accepting this Agreement you confirm you understand that:

• The Term is twelve (12) months and is non-cancelable (A3).
• All fees are earned when paid and are non-refundable (A5).
• Ending the engagement early makes the entire remaining balance immediately due (A6).
• You have authorized recurring charges to your card or bank account (A4).
• You will contact us before disputing a charge with your bank (A8).
• Disputes are resolved by individual arbitration; you have waived a jury trial and class actions (A12).

A15. Bill-Pay and Accounts-Payable Authorization (Optional Service)

Where your Order includes bill-pay or accounts-payable services, this section authorizes the money movement that service requires. It applies only if you enroll in that service and does not otherwise obligate you.

What the service is. At your direction and approval, the Firm processes payments of your business’s own obligations, such as vendor invoices, supplier bills, contractor payments, rent, and similar operating expenses (each, a “Bill Payment”). The Firm acts solely as your agent to pay obligations you owe. The Firm is not a party to the underlying invoice or contract between you and your vendor or payee, and does not guarantee any vendor’s goods, services, or performance.

Funding authorization (debit). You authorize the Firm, directly and through its bank-transfer providers (which may include Plaid and its bank partners), to originate ACH debit entries to the business bank account you designate (the “Funding Account”) to fund Bill Payments you have approved, together with any reversing or correcting entries reasonably necessary. You represent that the Funding Account is a business account you own and are authorized to debit.

Disbursement authorization (credit). You authorize the Firm to disburse the funded amounts to the vendors, suppliers, and payees you designate, in the amounts and on the dates you approve, whether by ACH credit or other means. You are responsible for the accuracy of each payee’s identity, account details, and amount, and for the validity of the underlying obligation. The Firm may rely on the payment instructions and approvals you or your authorized representatives submit through the portal.

Approval and standing instructions. Each Bill Payment requires your approval, given per payment or through standing instructions you set (for example, approving a recurring vendor). You may set, change, or withdraw standing instructions at any time before a payment is initiated.

Funds and timing. You agree to maintain sufficient available funds in the Funding Account to cover approved Bill Payments and any associated fees. The Firm is not liable for a Bill Payment that fails, is delayed, or is returned due to insufficient funds, incorrect payee information you provided, a bank hold, or a network delay outside the Firm’s control. You remain responsible to your vendor for any obligation a failed or returned payment leaves unpaid.

Returns, reversals, and errors. ACH entries are subject to the Nacha Operating Rules. If a debit or credit is returned or must be corrected, you authorize the Firm to originate the corresponding reversing or correcting entry. If you believe a Bill Payment was made in error, notify the Firm promptly at billing@betterwaysaccounting.com so it can attempt a recall or correction; recovery of funds already disbursed to a payee is not guaranteed.

Revocation. You may revoke this bill-pay authorization, or remove the Funding Account, on written notice to the Firm with a reasonable opportunity to act, which will be no less than three (3) business days before a scheduled payment. Revocation stops future Bill Payments but does not affect payments already initiated, and does not reduce or discharge any amount you owe the Firm under this Agreement.

Agent only; no lending. The Firm moves only your own funds to pay your own obligations, as your agent and at your direction. The Firm does not extend credit to fund Bill Payments and does not hold your funds except as needed to complete a Bill Payment you approved.

Separate from firm fees. This authorization is in addition to, and separate from, your authorization in A4 for the Firm to charge you the Firm’s own fees. Funds moved for Bill Payments are for your vendors, not for the Firm’s fees.

1. Informational Purposes Only

All content, tools, calculators, recommendations, reports, analyses, projections, benchmarks, and information provided through the Better Ways Accounting & Tax portal (the "Platform") are provided for informational and educational purposes only. Nothing on this Platform constitutes financial, tax, legal, investment, accounting, or professional advice of any kind.

Better Ways Accounting & Tax, LLC, its employees, staff members, agents, and representatives are not financial advisors, investment advisors, attorneys, or licensed securities professionals. Any communications from our staff, whether through the portal, email, phone, text message, or any other medium, are informational in nature and do not constitute professional advice upon which you should rely without independent verification.

YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS you make based on information provided through this Platform. Better Ways Accounting & Tax, LLC expressly disclaims all liability for any losses, damages, penalties, interest, or other consequences arising from your reliance on any information, recommendation, projection, or estimate provided through the Platform or by our staff.

2. Tax Services Disclaimer

Tax preparation services provided by Better Ways Accounting & Tax, LLC are based on information provided by the client. Clients are responsible for the accuracy and completeness of all information provided. Better Ways Accounting & Tax, LLC is not responsible for penalties, interest, or additional taxes resulting from inaccurate or incomplete information provided by the client.

Tax estimates, projections, and savings recommendations are estimates only and are not guarantees of tax outcomes. Actual tax results may differ materially from estimates based on changes in tax law, your personal circumstances, IRS interpretation, and other factors beyond our control.

3. Financial Projections & Forecasts

Financial models, projections, forecasts, and analyses provided through the Platform, including but not limited to the 5-Year Financial Projection, 13-Week Cash Forecast, The Better Way Calculator, and Benchmarking features, are based on historical data and assumptions that may not prove accurate. Projections are not guarantees of future performance. Actual results will differ from projections, potentially materially.

Better Ways Accounting & Tax, LLC makes no representation or warranty regarding the accuracy, completeness, or fitness for any purpose of any projection or forecast.

4. Benchmarking Data

Benchmarking data represents aggregated, anonymized data from our client base and may not be representative of your industry, geographic market, or business circumstances. Peer comparisons are informational only and should not be used as the sole basis for business decisions.

5. Investment & Wealth Information

Any information related to investments, retirement accounts, wealth building, or financial planning is for general educational purposes only. Better Ways Accounting & Tax, LLC is not a registered investment advisor. Consult a licensed financial advisor before making investment decisions.

6. Bookkeeping & Accounting

Bookkeeping and accounting services reflect transactions and information provided by the client and connected financial accounts. Financial statements prepared by Better Ways Accounting & Tax, LLC are unaudited and prepared for management purposes only, unless explicitly stated otherwise. These statements should not be used for audited financial reporting purposes.

7. Client Responsibility

By using this Platform, you acknowledge and agree that:

• You own the results of any decisions made based on Platform information
• You have independently verified any information material to your decisions
• Better Ways Accounting & Tax, LLC is not responsible for your business outcomes
• You will hold Better Ways Accounting & Tax, LLC harmless from any claims arising from your use of Platform information

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BETTER WAYS ACCOUNTING & TAX, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE THREE MONTHS PRECEDING THE CLAIM.

9. Governing Law

These Terms shall be governed by the laws of the State of Arizona, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Maricopa County, Arizona.

10. SMS Messaging Program

Program: Better Ways Accounting & Tax Login Verification. We send one-time passcodes (OTP) by SMS to clients who request a login code at app.betterwaysaccounting.com, plus account and service notifications to clients who provide their mobile number. This is a transactional program, no marketing messages are sent.

Message frequency varies with your activity (typically one message per login you initiate). Message and data rates may apply.

For help, reply HELP or contact us at contact@betterwaysaccounting.com or (602) 880-1290. To stop receiving messages, reply STOP at any time, you'll get a confirmation and no further messages. We do not share or sell your mobile number or SMS opt-in consent with any third parties for marketing. See our Privacy Policy for details.

11. Billing, Payment & Cancellation

Membership plans are a fixed 12-month commitment beginning on your Effective Date (the date you sign or complete enrollment and payment). Pricing reflects that commitment and the substantial onboarding and setup work performed at the start of the engagement. After the initial term, plans renew automatically unless either party gives written notice of non-renewal before the end of the then-current term.

Payment authorization. By enrolling and paying, you authorize Better Ways Accounting & Tax, LLC, directly and through its payment providers (which may include Stripe, Bill.com, and the Better Ways portal using Plaid), to charge or debit your payment method(s) on file, whether a credit/debit card or a bank account (ACH), for all amounts owed when due, including recurring fees for the full term, late fees, and any early-termination amount. You authorize us to securely store your payment method(s) on file for these charges. Card and bank details are tokenized and vaulted by our PCI-compliant providers; we retain only the secure references needed to charge you as authorized.

No refunds. All fees are earned when paid and are non-refundable, including onboarding, setup, and subscription fees for the term.

Early termination. If you cancel before the end of the 12-month term, the entire remaining balance of fees for the full term becomes immediately due and payable as an early-termination amount, chargeable to any payment method on file. No refund is issued for amounts already paid.

Disputes & chargebacks. If you have a concern about a charge, contact us first to resolve it. Because fees are non-refundable and reflect a binding commitment, initiating a chargeback or ACH dispute for properly billed fees is a breach of your agreement; you agree to reimburse us for the disputed amount plus any processor, chargeback, and collection costs. Full terms are in your Client Engagement & Services Agreement, which controls in the event of any conflict.

12. Contact

Questions about these Terms? Contact us at contact@betterwaysaccounting.com or (602) 880-1290.