Effective Date: Nov 20, 2024
This Terms of Service Agreement (“Agreement”) is entered into by and between EcommTea, LLC (“Service Provider”), located at 500 8th Avenue, Front 3, #1751 Manhattan NY. 10018, and its clients (“Client,” “you,” “your”) who engage with our services. By using our services, you agree to the terms outlined below.
For inquiries or concerns, contact:
Your use of the Site is subject to our Privacy Policy. You should review the Privacy Policy carefully.
Recurring monthly services include bookkeeping, business advisory, CFO services, and compliance assistance, billed monthly.
Advisory sessions, business planning, financial modeling, and other one-time services are booked and paid in advance.
Services involving integration between accounting software, ERP systems, and other business tools, as well as data migration, are governed by specific integration terms outlined in Section 6.
Development of custom financial dashboards, pitch decks, and financial analysis reports tailored to the Client's business needs.
Payments for all services are processed securely via Stripe, ACH, or other approved payment methods.
By accessing or using this website and the services provided herein, you agree to comply with these Conditions of Service and our Privacy Policy. Your continued use of the website confirms your acknowledgment of an agreement to be bound by these terms.
You affirm that you are at least 18 years of age and possess the legal capacity to enter into binding contracts for financial, bookkeeping, business advisory, data migration, CFO services, and other related services offered by EcommTea, LLC. Individuals under the age of 18 are prohibited from using our services and must immediately discontinue any use of this website.
You further represent and warrant that all information you provide, whether related to yourself or your organization, is accurate, complete, and current. You agree to notify us promptly of any changes to the information you have provided, including any material alterations that may affect your ability to use the Services or any obligations under this Agreement.
By utilizing our website and clicking on designated areas or submitting electronic information, you consent to the validity and enforceability of such electronic communications, and agree that they will be considered legally binding and in writing for all purposes. You acknowledge and agree that you will not contest the legal binding nature, validity, or enforceability of any document or confirmation executed via electronic means, including but not limited to clicks or electronic signatures.
Additionally, the following terms apply:
Payment is due upon receipt of the invoice.
Payments are non-refundable once the service is scheduled and work has commenced.
No refunds will be issued for delays in service unless conditions in this Agreement are met.
Once work begins, no refunds will be issued. Clients may request up to three revisions, provided access is granted as outlined in Section 8.
Service dates may only be changed by mutual written agreement between the Client and Service Provider.
Completion of Integration and data migration services will be completed within a specified timeline, contingent on the Client’s responsiveness in providing access and workflow approvals. A snapshot of completed work will be provided as proof of delivery.
If Client systems fail due to technical or other issues, the Service Provider will reschedule the service without issuing refunds.
Clients must provide timely responses throughout the service period. Unresponsiveness may result in project forfeiture, and funds will not be refunded.
Clients must provide all necessary access, including accountant-level access to relevant systems, at least 24 hours before the scheduled service. All access details must be sent to tclark@ecommtea.com.
By signing up for monthly services, Clients consent to recurring payments on their designated payment method. This consent remains valid until the subscription is cancelled per Section 9.
Clients are encouraged to manually categorize and review transactions before automating processes to ensure accuracy. Integration and data migration services are not tangible products; upon completion, accounting reports or workflow snapshots will be provided as proof of delivery.
All names, logos, trademarks, service marks, icons, page headers, page layouts, scripts, and unique terminology used in connection with our services (collectively referred to as "Proprietary Marks") are the exclusive property of EcommTea, LLC and are protected by trademark laws in the United States and internationally. Unauthorized use of our Proprietary Marks is prohibited without our explicit written consent.
We do not claim any ownership or rights to any third-party names, trademarks, or service marks that may appear on our platform; such intellectual property remains the property of their respective owners.
All content, including but not limited to text, graphics, charts, images, videos, icons, and other materials (collectively referred to as "Content"), whether contained on our platform or available for download, is copyrighted by EcommTea, LLC or licensed to us. This includes any collective work resulting from the selection, organization, and presentation of the Content ("Collective Work"). Additionally, any software used to provide or support our services ("Software") is either owned by us or our software providers and is protected by applicable copyright laws in the United States and internationally.
Your access to, viewing, downloading, or use of the Content, Collective Work, or Software does not grant you any ownership or intellectual property rights over them. You are prohibited from using, reproducing, distributing, or altering any proprietary content or software, unless explicitly permitted by us in writing.
Any unauthorized use of our intellectual property, including infringement on our Proprietary Marks, Content, Collective Work, Software, or third-party trademarks, will result in legal liability. You agree to indemnify and hold EcommTea, LLC and its affiliates harmless for any damages, losses, or costs arising from your violation of these intellectual property rights.
Either party may terminate services by providing a written notice at least 15 days in advance. If the Client terminates services before completion of a project, any payments made will not be refunded, and the Client shall remain responsible for any outstanding balances. EcommTea, LLC reserves the right to terminate services immediately if the Client fails to provide required information, engages in fraudulent activities, or violates the terms of this Agreement.
We reserve the right to modify or revise these Terms at any time, at our discretion. Any changes will take effect immediately upon being posted on the Site and will apply to all future use of the Site. However, any modifications to the dispute resolution provisions outlined in the Governing Law and Jurisdiction section will not affect any disputes for which the parties have received actual notice prior to the date of posting. We recommend that you review these Terms periodically to stay informed about any updates. Continued use of the Site following the posting of any changes signifies your acceptance and agreement to the modified Terms.
You agree not to use the services provided by EcommTea, LLC for any unlawful, unauthorized, or fraudulent purpose, or for any purpose that may damage, disable, overburden, or impair the EcommTea, LLC platform or interfere with any other party’s use of the services. Specifically, you agree not to:
We reserve the right to investigate and take appropriate legal action against anyone who violates this section, including but not limited to terminating or suspending their access to the platform, initiating legal proceedings, or reporting them to law enforcement authorities.
By using our Services, you agree that the Terms of Service, including the Privacy Policy, shall be governed by the laws of the State of New York, without regard to its conflict of law principles. You further agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New York County, New York for the resolution of any disputes arising from the use of our Services, including the enforcement of any arbitration awards. You also waive any objections to such jurisdiction or venue.
This Agreement is governed by the laws of the State of New York and the City of New York.
Any disputes will be resolved through arbitration, in accordance with New York state laws.
EcommTea, LLC shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from errors in bookkeeping, delays in service, or data integration failures. The Client acknowledges that bookkeeping errors or integration issues may impact financial reporting, and the EcommTea, LLC shall not be held responsible for any financial losses incurred.
The Client agrees to indemnify and hold harmless EcommTea, LLC, its affiliates, and employees from any claims, liabilities, damages, or costs arising from the Client’s use of the services, including but not limited to third-party claims related to financial decisions, tax compliance issues, or integration failures. The Client assumes full responsibility for the accuracy of financial data and compliance with regulatory obligations.
If any provision of these Terms of Service is found to be unenforceable, invalid, or ambiguous by a court of competent jurisdiction, such provision shall be interpreted or limited to the minimum extent necessary so that the remaining provisions of the Terms of Service remain in full force and effect. The unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the intent of the original provision.
Neither party shall be held liable for any failure or delay in performance under this Agreement due to causes beyond their reasonable control, including but not limited to acts of God, natural disasters, war, riots, embargoes, strikes, governmental restrictions, labor disturbances, epidemics, fire, flood, earthquake, explosions, unforeseen changes in circumstances, or any other event outside the party’s reasonable control ("Force Majeure Event"). The party affected by a Force Majeure Event shall promptly notify the other party and use commercially reasonable efforts to resume performance as soon as the event is resolved.
For any notices under or related to these Terms of Service, you agree to receive such notices from us either by posting them on our website, sending them to the email address you provided, or by mailing them to the postal address you provided, at our discretion. Any notice sent via email shall be deemed received upon successful transmission, and any notice sent by mail shall be deemed received three (3) business days after mailing. You further agree that all notices, communications, and legal documents provided through these methods satisfy any legal requirements for providing such communications in writing.
If you have a complaint or concern regarding our Services, please contact us promptly so that we can address the issue. Complaints can be submitted in writing via email at (Clientsupport@ecommtea.com) or by postal mail to the contact address provided in the "Notice" section of these Terms of Service. Upon receipt, we will acknowledge your complaint within a reasonable timeframe and work to resolve the matter efficiently and in accordance with applicable laws. We are committed to providing a fair and transparent process for addressing all complaints, and you may escalate unresolved issues to a relevant regulatory body, if applicable, for further review.
These Terms, along with other legal notices, constitute the entire agreement. No waiver of any provision shall be deemed a further or continuing waiver.
For any official correspondence related to these Terms of Service, please contact:
EcommTea, LLC
500 8th Avenue, Front 3 #1751,
Manhattan, NY 10018
Email: Clientsupport@ecommtea.com
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