Terms & Conditions | Hart CPA Group

Terms & Conditions (the “Terms”; “Conditions”; “T&C”)

Description of Services & Fees
1. As of the effective date of this agreement, Hart CPA Group LTD will provide the Recipient the services and outlined fees as described in the attached invoice (collectively, the “Services”).
Invoicing & Payment Terms
1. DUE DATE: All fees for the current month will be payable upon the first of that month unless arrangements are made with the Provider.
  1. Example: April service fees will be invoiced and due April 1st.
2. PAYMENT TERMS: All invoiced services will be due upon receipt. No discount will be provided for early payment. Some services may be invoiced up to 30 days in advance of services at the discretion of provider and will be outlined in the invoice.
3. AUTOPAY: All fees will be made by automatic draft via bank or credit card on file on the due date unless otherwise arrangements are made and agreed upon by both parties.
4. INTEREST& LATE FEES: Any unpaid fees not collected by the due date will incur, at the discretion of the Provider, a 10% monthly interest rate. Unpaid invoices will also incur a $25 late penalty fee for each partial month the fees remain unpaid.
5. RETURNED PAYMENTS: Any payment returned by the bank or credit card processor will incur a $50 fee per transaction. More than two (2) returned payments within a rolling 12-month period will result in a three-month deposit on services payable to the Provider and due immediately.
6. COLLECTIONS: The Recipient shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if the Recipient fails to pay for 30 or more days for the Services past due, the Provider has the option to treat such failure to pay as a material breach of this Agreement and may cancel this Agreement immediately and/or seek legal remedies.
7. WORK SUSPENSION: All work will be suspended if payment is not received within five (5) calendar days of the due date. Accounts with balance past due 30 or more days will be considered in default and in breach of this agreement.
Term of Agreement
1. This Agreement shall remain in continuous effect and may be terminated by either party upon 15 calendar days’ prior written notice (the “Termination Period”) to the other party. An email shall constitute as written notice.
2. Upon termination of the Agreement, final date of services shall be calculated by the Provider at 15 calendar days inclusive of the day that termination was received and communicated to the Recipient.
3. Work will be continued and prioritized as agreed upon by both parties. Training & knowledge transfer will always remain the highest priority. All work will be conducted in the same amount of time and manner as previously provided. Additional training, time, work, and/or other projects will be subject to additional fees at the discretion of the Provider.
4. No refund will be provided for unused days within the month.
Confidentiality & Non-Disclosure
1. Confidential and/or privileged information will be disclosed by and between the Recipient and Provider routinely to provide services agreed upon in this agreement. The Parties have requested and agree that each will protect the confidential material and information which may be disclosed between the Recipient and the Provider. Therefore, the parties agree as follows:
  1. CONFIDENTIAL INFORMATION: The term "Confidential Information" means any information or material which is proprietary to the Recipient/Provider, whether owned or developed by the Recipient/Provider, which is not generally known other than by the Recipient/Provider, and which the Recipient/Provider may obtain through any direct or indirect contact with the Recipient/Provider. Regardless of whether specifically identified as confidential or proprietary, Confidential Information shall include any information provided by the Recipient/Provider concerning the business, technology and information of the Recipient/Provider and any third party with which the Recipient/Provider deals, including, without limitation, business records and plans, trade secrets, technical data, product ideas, Agreements, financial information, pricing structure, discounts, computer programs and listings, source code and/or object code, copyrights and intellectual property, inventions, sales leads, strategic alliances, partners, and customer and client lists. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential.
    1. "Confidential Information" does not include:
      1. matters of public knowledge that result from disclosure by the Recipient/Provider;
      2. information rightfully received by the Recipient/Provider from a third party without a duty of confidentiality;
      3. information independently developed by the Recipient/Provider;
      4. information disclosed by operation of law;
      5. information disclosed by the Recipient/Provider with the prior written consent of the Recipient/Provider;
      6. and any other information that both parties agree in writing is not confidential.
2. PROTECTION OF CONFIDENTIAL INFORMATION: The Recipient/Provider understands and acknowledges that the Confidential Information has been developed or obtained by the Recipient/Provider by the investment of significant time, effort, and expense, and that the Confidential Information is a valuable, special, and unique asset of the Recipient/Provider which provides the Recipient/Provider with a significant competitive advantage and needs to be protected from improper disclosure. In consideration for the receipt by the Recipient/Provider of the Confidential Information, the Recipient/Provider agrees as follows:
  1. NO DISCLOSURE: The Recipient/Provider will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of the Recipient/Provider.
  2. UNAUTHORIZED USE: The Recipient/Provider shall promptly advise the Recipient/Provider if the Recipient/Provider becomes aware of any possible unauthorized disclosure or use of the Confidential Information.
  3. APPLICATION TO EMPLOYEES: The Recipient/Provider shall not disclose any Confidential Information to any employees of the Recipient/Provider, except those employees who are required to have the Confidential Information to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non-disclosure agreement substantially the same as this Agreement at the request of the Recipient/Provider.
3. UNAUTHORIZED DISCLOSURE OF INFORMATION – INJUNCTION: If it appears that the Recipient/Provider has disclosed (or has threatened to disclose) Confidential Information in violation of this Agreement, the Recipient/Provider shall be entitled to an injunction to restrain the Recipient/Provider from disclosing the Confidential Information in whole or in part. The Recipient/Provider shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.
4. RETURN OF CONFIDENTIAL INFORMATION: Upon termination of this Agreement, the Recipient/Provider shall return to the Recipient/Provider all written materials containing the Confidential Information. The Recipient/Provider shall also deliver to the Recipient/Provider written statements signed by the Recipient/Provider certifying that all materials have been returned within 30 days after the termination period.
5. RELATIONSHIP OF PARTIES: Neither party has an obligation under this Agreement to purchase any service or item from the other party, or commercially offer any products using or incorporating the Confidential Information. This Agreement does not create any agency, partnership, or joint venture unless otherwise specified.
6. NO WARRANTY: The Recipient/Provider acknowledges and agrees that the Confidential Information is provided on an "AS IS" basis. THE OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONFIDENTIAL INFORMATION AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OR USE OF ANY PORTION OF CONFIDENTIAL INFORMATION. The Recipient/Provider does not represent or warrant that any product or business plans disclosed to the Recipient/Provider will be marketed or carried out as disclosed, or at all. Any actions taken by the Recipient/Provider in response to the disclosure of the Confidential Information shall be solely at the risk of the Recipient/Provider.
7. LIMITED LICENSE TO USE: The Recipient/Provider shall not acquire any intellectual property rights under this Agreement except the limited right to use as set forth above. The Recipient/Provider acknowledges that, as between the Recipient/Provider and the Recipient/Provider, the Confidential Information and all related copyrights and other intellectual property rights, are (and always will be) the property of the Recipient/Provider, even if suggestions, comments, and/or ideas made by the Recipient/Provider are incorporated into the Confidential Information or related materials during the period of this Agreement.
8. INDEMNITY: Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third-party claims, demands, liabilities, costs and expenses, including reasonable attorney's fees, costs and expenses resulting from the indemnifying party's material breach of any duty, representation, or warranty under this Agreement.
9. CONFIDENTIALITY TERM: The obligations of Confidentiality of this Agreement shall survive perpetually from the Effective Date or until the Recipient/Provider sends the Recipient/Provider written notice releasing the Recipient/Provider from this Agreement. After that, the Recipient/Provider must continue to protect the Confidential Information that was received during the term of this Agreement from unauthorized use or disclosure indefinitely.
10. WHISTLEBLOWER PROTECTION: This Agreement is in compliance with the Defend Trade Secrets Act and provides civil or criminal immunity to any individual for the disclosure of trade secrets:
  1. made in confidence to a federal, state, or local government official, or to an attorney when the disclosure is to report suspected violations of the law; or
  2. in a complaint or other document filed in a lawsuit if made under seal.
Default & Breach of Contract
1. The occurrence of any of the following shall constitute a material default under this Agreement:
  1. The failure to make a required payment when due as previously outlined in the terms of payment.
  2. The insolvency or bankruptcy of either party.
  3. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application, or sale for or by any creditor or government agency.
  4. The failure to make available or deliver the Services in the time and manner provided for in this Agreement.
2. In the event a default is unremedied and/or a breach creates an immediate severance of this agreement, all invoices and fees for work completed will become due and refunds will not be granted.
Remedies
1. In addition to all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term, or condition of this Agreement (including without limitation the failure to make a monetary payment when due as outlined previously), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe in sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice with acceptance by the receiving party, the failure to cure the default(s) within such time shall result in the automatic termination of this Agreement.
Force Majeure
1. If performance of this Agreement, or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lockouts, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
Dispute Resolution
1. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
2. Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
Legal & Ethical Severability
1. If either party is found to violate, without remedy within 30 days, any State or Federal laws, or engage in business practices deemed to be morally or ethically wrong by professional standards, then the non-violating party reserves the right to terminate this agreement immediately with written notice.
Entire Agreement
1. This document contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this document. This Agreement supersedes any prior written or oral agreements between the parties.
Amendment
1. Hart CPA Group LTD reserves the right to update, amend, or modify the terms and conditions of this Agreement from time to time in order to reflect changes in business practices, legal requirements, or service offerings. Any changes will be communicated to the Client in writing, and the most current version of the terms will always be available at www.hartcpagroup.com/about-us/tandc .
2. Continued use of the Firm’s services following such notice shall constitute acceptance of the revised terms. If the Client does not agree to the updated terms, they may terminate the Agreement in accordance with the termination provisions outlined herein.
Governing Law
1. This Agreement shall be construed in accordance with the laws of the United States of America and specifically the State of Michigan.
Notice
1. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person in writing, electronically by email, or by certified mail, return receipt requested, to any address as one party may have furnished to the other in writing or as is available via internet search.
Waiver of Contractual Right
1. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Construction & Interpretation
1. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
Insurance
1. Both parties are responsible for having and maintaining appropriate business insurance for the entirety of this agreement. Proof of insurance policies must be provided at the request of either party.
Assignment
1. Neither party may assign or transfer this Agreement without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
2. This Agreement shall automatically be transferred with all rights and obligations in the event of name changes, relocation, divestment, change in management, and/or change in ownership, so long as both parties are notified of such changes, and the assignment is not to an unrelated third-party.
Use of Third-Party Providers
1. In the course of delivering services, Hart CPA Group LTD may engage third-party providers, platforms, or vendors to assist with tasks such as data processing, document management, electronic signatures, communications, accounting tools, and other operational needs. These third parties may require access to certain client information, including sensitive or confidential data, to perform their role effectively.
2. We take this responsibility seriously and only work with trusted vendors who demonstrate industry-leading security protocols, data protection standards, and operational controls. These providers are thoroughly vetted and monitored to ensure compliance with professional, legal, and ethical standards.
3. By engaging our services, you acknowledge and authorize Hart CPA Group LTD to utilize such third-party providers as an extension of our firm. These third parties shall be granted the same rights, responsibilities, and protections under this agreement as Hart CPA Group LTD, and any data shared with them shall be subject to the same confidentiality and security terms described herein.
Client's Solvency & Financial Capacity
1. The Client represents and warrants that they are financially solvent and able to meet their financial obligations, including but not limited to timely payment for services rendered by the Firm, and payments to their own vendors, contractors, employees, or other third parties essential to their operations.
2. The Firm reserves the right to immediately terminate this Agreement upon written notice if the Client becomes insolvent, declares bankruptcy, is unable to pay outstanding invoices, fails to fund required accounts, or otherwise demonstrates an ongoing inability to meet financial commitments—including but not limited to payments to the Firm or to key third-party service providers.
3. Such circumstances will be considered a material breach of this Agreement. Upon termination, all outstanding fees for services performed up to the date of termination will become immediately due and payable. The Firm shall not be held liable for any consequences, delays, or disruptions resulting from termination under this clause
Refund Policy
1. Due to the nature of professional services provided by Hart CPA Group LTD—including time-based work, intellectual expertise, and deliverables tailored to each client—we maintain a strict no refund policy.
2. Fees paid for services are non-refundable, regardless of usage, termination, or dissatisfaction, unless otherwise required by law. In extreme or exceptional circumstances, and solely at the Firm’s discretion, partial or full refunds may be considered on a case-by-case basis. Any such exception shall not constitute a waiver of this policy.
3. Clients are encouraged to communicate any concerns promptly so we can address them in a timely and professional manner.
Data Retention & Document Handling
1. The Firm maintains client records in accordance with professional standards and industry best practices for a period of no less than seven (7) years following the completion of services or termination of this Agreement. After termination, the Client will have access to their documents for a period of 30 days through the Firm’s client portal. After this period, the Firm may archive or securely dispose of documents unless otherwise required by law.
Client Conduct & Professional Courtesy
1. The Firm is committed to maintaining a respectful and professional working relationship. The Client agrees to communicate with the Firm and its team members in a courteous, professional manner. The Firm reserves the right to suspend or terminate services if the Client engages in abusive, harassing, or unprofessional behavior toward the Firm or its representatives.
Limitation of Services
1. Unless otherwise agreed to in writing, the Firm does not provide legal advice, audit or assurance services, investment or wealth management, or representation before taxing authorities beyond those related to tax return filing. The Firm's services are advisory in nature and do not guarantee financial or tax outcomes. The Client is responsible for making all final business decisions and obtaining additional professional advice as needed.
Assumed Agency & Limitation of Liability
1. By engaging the Firm, the Client grants the Firm assumed agency to act on their behalf with taxing authorities, financial institutions, and relevant third parties as required to fulfill the scope of services. This includes the exchange of necessary financial data and representation as needed within the limits of the engagement. The Firm will not be liable for damages or consequences arising from the use of Client-provided information or the actions of third parties outside the Firm's control. Liability for any error or omission is limited to the fees paid for the affected service.
Fee Adjustments & Price Changes
1. The Firm reserves the right to adjust its pricing for services from time to time to reflect changes in scope, market rates, inflation, service costs, or business conditions. Any changes in pricing will be communicated to the Client in writing at least 30 days in advance of the new rates taking effect.
2. The Client’s continued use of services after the effective date of the price change will constitute acceptance of the new pricing. If the Client does not agree to the revised rates, they may terminate this Agreement in accordance with the termination provisions outlined herein.
3. The firm will schedule up to 12 months of payments at a time and will, at minimum, review pricing and scope at that time.

Contact Information

The Firm welcomes your questions or comments regarding these terms & conditions. If you believe that the Firm has not adhered to this Policy, please contact the Firm management at:

Mailing Address:

Hart CPA Group LTD

625 Kenmoor Ave SE - Ste. 301-93875

Grand Rapids, MI 49546-2395

Email Address: contactus@hartcpagroup.com

Phone Number: +1(833)469-4643