Terms of service

Last updated on April 6^th 2020,

By signing up for the BusinessRocket recurring billing service (“Service”) or any of the services of BusinessRocket, Inc (“BusinessRocket”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at here. BusinessRocket reserves the right to update and change the Terms of Service by posting updates and changes to the BusinessRocket website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and BusinessRocket’s Privacy Policy before you may become a BusinessRocket subscriber.

By using BusinessRocket or any BusinessRocket services, you are agreeing to these terms. Be sure to occasionally check back for updates.

1. Account terms

1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

2. To access and use the Services, you must register for a Services account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. BusinessRocket may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

3. You acknowledge that BusinessRocket will use the email address you provide as the primary method for communication and are responsible for providing your update primary email.

4. BusinessRocket reserves the right to cancel or terminate services at any time if BusinessRocket at its sole discretion deems, upon reasonable belief,  that the Business Activity is illegal or fraudulent pursuant to state and federal law, regulations and guidelines.

5. BusinessRocket reserves the right to cancel or terminate services at any time if BusinessRocket at its sole discretion deems that the materials and/or documents submitted to BusinessRocket are inaccurate or fraudulent.

6. BusinessRocket may request additional information to prove the legitimacy of materials/documents submitted. BusinessRocket at its sole discretion shall make the final determination of the authenticity of the submitted materials. In the event, BusinessRocket deems such materials to be fraudulent or incorrect, BusinessRocket may remove them from the subscribers file or terminate the account immediately.

7. Subscribers acknowledges that it is their responsibility to receive and collect any government notices, correspondences, bills, invoices, or other company documents. It is the subscribers’ responsibility to forward those materials to BusinessRocket immediately.

8. Subscriber is required to collect financials information regarding their entity on a yearly basis and render said information to BusinessRocket. BusinessRocket shall not audit subscribers’ information unless BusinessRocket deems some information to be incorrect, incomplete or fraudulent.

9. Subscriber acknowledges that the subscription fee does not include any Bookkeeping services, subscriber may elect to hire BusinessRocket to perform Bookkeeping services. The Bookkeeping services shall be billed separately outside of the subscription agreement.

10. Subscriber acknowledges that the monthly subscription fee does not include any government fees. All fees shall be paid by Subscriber or shall be advanced by BusinessRocket and repaid by subscriber to BusinessRocket within 30 days of the invoice from BusinessRocket. The personal guarantee clause of this agreement shall apply to any fees owed to BusinessRocket including any advanced fees to government agencies by BusinessRocket.

11. A breach or violation of any term in the Terms of Service as determined in the sole discretion of BusinessRocket will result in an immediate termination of your services.

2. Account activation

1. Subject to section 2.2, the person signing up for the Service will be the primary contact party (“Subscriber”) for the purposes of our Terms of Service and will be the person who is authorized to provide us financial reports and other critical information to submit information to the government agencies.

2. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service and the information that you submit to us is true and correct.

3. Upon completion of sign up for the Service, BusinessRocket will collect your credit card and store it on a secure server on QuickBooks.

4. If you do not wish to continue using the Service, it is your responsibility to contact BusinessRocket to cancel the Service.

3. General conditions

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service and the Privacy Policy before you may become a member of BusinessRocket.

1. Technical support is only provided to paying account holders and is available via Email and Telephone Support.

2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California (Delaware wherein BusinessRocket is officially registered) and the laws of the United States applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of California with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

3. You acknowledge and agree that BusinessRocket may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the BusinessRocket Payments website, available at https://www.BusinessRocket.com/terms-of-service or https://www.BusinessRocket.net/terms-of-service and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to the BusinessRocket Payments website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service. (Do we want to provide 14 or 30 days prior notice of change in serve?)

4. You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction as well as the laws of the United States and the State of California.

5. The Service in some cases may require a third-party review from an Authorized BusinessRocket vendor, you allow BusinessRocket to discuss, authenticate and review your file with Third-Party-Vendors to fulfil the service provided by BusinessRocket.

7. Questions about the Terms of Service should be sent to Info@BusinessRocket.com

b. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

9. You acknowledge and agree that your use of the Service, including information transmitted to or stored by BusinessRocket, is governed by its privacy policy at https://www.BusinessRocket.com/privacy-policy.

10.  You acknowledge and agree that it is your sole responsibility to verify accuracy and authenticity of materials, documents, and information provided to BusinessRocket.

4. BusinessRocket rights

1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.

2. We reserve the right to refuse service to anyone for any reason at any time.

3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any BusinessRocket customer, BusinessRocket employee, member, or officer will result in immediate account termination.

4. BusinessRocket does not audit any information submitted by the subscriber and it is in their sole discretion to refuse or remove any information that BusinessRocket deems may be fraudulent or incorrect.

5. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that BusinessRocket employees and contractors may also be BusinessRocket customers/merchants and that they may compete with you, although they shall not use your confidential information in doing so.

6. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

7. BusinessRocket retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, BusinessRocket reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

5. Limitation of liability

1. You expressly understand and agree that BusinessRocket shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

2. In no event shall BusinessRocket or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, BusinessRocket partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

3. Your use of the Service is at your sole risk. The Service is provided on an as is and as available basis without any warranty or condition, express, implied or statutory.

4. In the event Subscriber retained BusinessRocket to perform the service of creating a new business entity, BusinessRocket shall serve as an incorporator of the subscriber’s business. As Incorporator, BusinessRocket or any employees or third-party agents shall be held harmless from any business activity that is performed by the subscriber’s company.

5. In the event Subscriber retained BusinessRocket to perform the service of tax preparation, BusinessRocket shall prepare the Federal tax return and, when applicable, the state tax return.

        (a) BusinessRocket will depend on subscriber to provide the information we need to prepare complete and accurate returns. We may ask subscriber to clarify some items but will not audit or otherwise verify the data submitted.

We will perform accounting services only as needed to prepare the tax returns. Our work will not include procedures to find defalcations or other irregularities. Accordingly, our engagement should not be relied upon to disclose errors, fraud, or other illegal acts, though it may be necessary for management to clarify some of the information submitted. We will inform management of any material errors, fraud, or other illegal acts we discover.

        (b) The law imposes penalties when taxpayers underestimate their tax liability. Call us if there are any concerns about such penalties.

        (c) Should BusinessRocket encounter instances of unclear tax law, or of potential conflicts in the interpretation of the law, we will outline the reasonable courses of action and the risks and consequences of each. We will ultimately adopt, on the behalf of Subscribers Company, the alternative selected by subscriber.

        (d) We will return the original records to subscriber at the end of this engagement. These records, along with all supporting documents, canceled checks, etc., should be securely stored, as these items may later be needed to prove accuracy and completeness of a return. BusinessRocket will retain copies of the records and our work papers for the engagement for seven years, after which these documents will be destroyed.

        (e) Our engagement to prepare the tax returns will conclude with the delivery of the completed returns to subscriber (if paper-filing) or with the tax matters partner’s signature and our subsequent submittal of the tax return (if e-filing). If subscriber has not selected to e-flle the returns with our office, subscriber will be solely responsible to file the returns with the appropriate taxing authorities. The officer signing the tax return should review all tax-return documents carefully before signing them.

6. Waiver and complete agreement

The failure of BusinessRocket to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and BusinessRocket and govern your use of the Service, superseding any prior agreements between you and BusinessRocket (including, but not limited to, any prior versions of the Terms of Service).

7. Intellectual property and customer content

1. We do not claim any intellectual property rights over the Materials you provide to the Service. All Materials you upload, email, drop off or transmit in any other way, remains yours.

2. By uploading Materials, you agree: (a) to allow BusinessRocket or any other Third-Party authorized BusinessRocket vendor to view your Materials; (b) to allow BusinessRocket to display and store your Materials; and (c) that BusinessRocket can, at any time, review all the Materials submitted by you to its Service.

3. You retain ownership over all Materials that you upload to the BusinessRocket portal; You are responsible for ensuring the materials you have provided to BusinessRocket are true and correct to the best of your knowledge

4. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

5. BusinessRocket shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.

8. Payment of fees

1. A valid credit card is required to keep accounts active.

2. The service will be billed in monthly intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. The valid Credit card on file will be charged for the monthly subscription fee. In the event, the credit card on file is not valid, the user will have up to 14 business days to contact BusinessRocket and replace the credit card on file without any fees incurred to subscriber. Failure to keep the account in good standing, BusinessRocket shall terminate the account and any services provided. 

3. All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (Government Fees or Taxes).

4. If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of BusinessRocket’s products and services, including without limitation, your subscription to or purchase of BusinessRocket’s services. Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.

5. If you are not a resident of Canada or the U.S., and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of BusinessRocket’s products and services, you must provide us with a statement by email to Info@BusinessRocket.com stating that:

• (i) you are not a resident of Canada or the U.S.;
• (ii) you are not GST/HST registered; and
• (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when BusinessRocket’s products and services were made available to you.

6. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of BusinessRocket’s products and services, which will be billed to your credit card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to Info@BusinessRocket.com

7. BusinessRocket does not provide refunds.

8. All BusinessRocket subscriptions are for a minimum of 12 months.

9. In the event you wish to cancel the subscription before the 12 months, BusinessRocket shall issue you a final statement for the remaining balance of your 12-month subscription.

10. After 12-months, the subscription shall become month to month.

11. Any Subscription that includes tax preparation services shall be paid for the entire calendar year. Termination of the subscription prior to the end of the year shall result in a termination of services provided by BusinessRocket, unless the user pays for the remaining balance till the end of the calendar year from the time of cancellation.

12. Any Subscriptions that include compliance monitoring services shall remain active up until the termination of services either by failure to pay or the request of the subscriber.

9. Cancellation and termination

1. You may cancel your account at by emailing Sales@BusinessRocket.com or Calling us at 310-424-5558 and then following the specific instructions indicated to you in BusinessRocket’s response.

2. Upon termination of the Services by either party for any reason:

1. BusinessRocket will cease providing you with the Services and you will no longer be able to access your Account;
2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
3. any outstanding balance owed to BusinessRocket for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

3. If you cancel the Service before 12 months, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.

4. We reserve the right to modify or terminate the BusinessRocket service for any reason, without notice at any time.

5. Fraud: Without limiting any other remedies, BusinessRocket may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the state or federal government.

6. All fees owed upon the cancellation of the agreement shall be personally guaranteed by the subscriber that engaged in services upon the commencement of this agreement.

7.     In the case BusinessRocket incurs costs associated with collections of money owed by you to BusinessRocket. these costs will be added to the amount owed by you during collection proceedings.  

10. Personal Guarantee

1. The subscriber shall personally guarantee any monies owed to BusinessRocket for the services rendered.

2. BusinessRocket reserves the right to hire a third-party collections company to help with the collections process of monies owed to BusinessRocket for the services rendered, said costs can be recovered per provision 9.7 of this agreement.

3. BusinessRocket reserves the right to report account information to the United States credit bureaus about the status of your account.

11. Modifications to the service and prices

1. After the year from the date of this agreement, Prices for using BusinessRocket are subject to change at any time and without notice from BusinessRocket

2. BusinessRocket reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.

3. BusinessRocket shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

12. Security

BusinessRocket’s Payments Service does not handle “Card Data” (defined as a cardholder’s account number, expiration date and CVV2) as we do NOT receive or store card holder data. We provide a checkout page which sends “Card Data” to your merchant processor directly at time of checkout processing. We then receive a token which represents the Card Data but does not contain the Primary Account Number. We use this token to perform charge processing, and never receive, store, or use Card Data to perform processing.

13. Third Party Services

1. BusinessRocket may provide you with access to Third Party Services over which BusinessRocket neither monitors nor has any control or input.

2. You acknowledge and agree that BusinessRocket provides access to such services as is without any warranties, representations or conditions of any kind and without any endorsement. BusinessRocket shall have no liability whatsoever arising from or relating to your use of optional third party services or from any actions and services provided to you by the third party.

3. Any use by you of optional services offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).

14. Legal responsibility

BusinessRocket assumes no responsibility nor warranty regarding meeting applicable disclosure requirements in your customer communications and notifications, including but not limited to state and federal requirements. You are solely responsible for keeping such disclosure requirements in compliance with applicable authorities, related disclosures for state and other authorities that require them.

15. Privacy & Data Protection

BusinessRocket is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that BusinessRocket’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, BusinessRocket’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum