Effective Date: November 25, 2024 Last Updated: November 25, 2024
Agreement to Terms
By engaging Trilink Collaborative LLC (“we,” “us,” “our,” or “Trilink”) for services or using our website, you (“you,” “your,” or “Client”) agree to be bound by these Terms of Service (“Terms”). If you are entering into these Terms on behalf of a company or organization, you represent that you have authority to bind that entity.
These Terms work alongside any engagement letter or statement of work we provide for specific projects. In case of conflict, the engagement letter governs for that specific engagement.
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Services Description
Trilink Collaborative provides professional services including:
Accounting & Bookkeeping Services
- Account setup and chart of accounts design
- Transaction recording and categorization
- Bank and credit card reconciliation
- Monthly, quarterly, and year-end close
- Financial statement preparation
- Payroll setup and processing support
Business Process Automation
- Accounting workflow automation
- System integrations (QuickBooks, payroll, e-commerce, payments)
- Custom reporting and dashboards
- Process optimization
Operations & Growth Strategy
- Operational efficiency analysis
- Financial operations optimization
- Growth planning and market strategy
- KPI development and performance tracking
Services are provided as described in your engagement letter or statement of work. We reserve the right to modify service offerings with reasonable notice.
Client Responsibilities
To enable us to provide effective services, you agree to:
Provide Accurate Information
- Supply complete, accurate, and timely information necessary for our services
- Inform us promptly of any changes that may affect our work
- Disclose all relevant facts that could impact financial reporting or compliance
Maintain System Access
- Provide and maintain necessary access to your accounting systems, bank accounts, and other platforms
- Keep login credentials secure and notify us immediately of any security concerns
- Ensure authorized users have appropriate permissions
Cooperate and Communicate
- Respond to our requests for information in a timely manner
- Designate a primary contact for service coordination
- Review deliverables and provide feedback within agreed timeframes
Meet Payment Obligations
- Pay invoices according to agreed terms
- Maintain valid payment methods on file if applicable
Comply with Laws
- Ensure your business operations comply with applicable laws and regulations
- Maintain required licenses and registrations
- You remain responsible for all tax filings, even when we assist with preparation
Engagement Process
Initial Consultation
We begin with a consultation to understand your needs. This may be complimentary or charged depending on complexity.
Engagement Letter
Before commencing work, we provide an engagement letter or statement of work specifying:
- Scope of services
- Deliverables and timeline
- Fees and payment terms
- Specific responsibilities of each party
Scope Changes
Changes to the agreed scope require written approval. Additional work outside the original scope will be quoted separately before proceeding.
Fees & Payment
Pricing
Fees are established in your engagement letter and may be structured as:
- Project-based: Fixed fee for defined deliverables
- Monthly retainer: Recurring fee for ongoing services
- Hourly: Time-based billing for consulting or variable-scope work
Payment Terms
- Invoices are due upon receipt unless otherwise specified in your engagement letter
- Accepted payment methods include ACH transfer, credit card, and check
- Past due accounts may be subject to late fees of 1.5% per month (18% annually) or the maximum permitted by law
Non-Payment
We reserve the right to:
- Suspend services for accounts more than 30 days past due
- Terminate engagement for accounts more than 60 days past due
- Pursue collection of outstanding amounts, including reasonable attorney fees
Refunds
Project fees are non-refundable once work has commenced. Monthly retainers are non-refundable for the current billing period. We will work with you to address any service concerns before considering refunds.
Intellectual Property
Your Data
You retain full ownership of your financial records, business data, and any information you provide to us. Upon request or termination, we will provide copies of your data in a standard format.
Our Work Product
Deliverables: Reports, financial statements, and other work product created specifically for you under an engagement are yours to use for their intended purpose.
Methodologies: Our processes, templates, tools, methodologies, and general know-how remain our intellectual property and may be used with other clients.
Website Content
All content on our website, including text, graphics, logos, and images, is our property or licensed to us and is protected by copyright and trademark laws.
Confidentiality
Our Commitment
We maintain strict confidentiality of all client information in accordance with professional standards. We will not disclose your confidential information to third parties except:
- With your written consent
- To our employees and contractors who need access to perform services (bound by confidentiality)
- As required by law, regulation, or legal process
- To protect our legal rights
Survival
Confidentiality obligations survive termination of our engagement indefinitely for trade secrets and for five (5) years for other confidential information.
Privacy Policy
Our Privacy Policy provides additional details about how we collect, use, and protect your information.
Limitation of Liability
No Guarantee of Outcomes
While we strive for accuracy and quality, we cannot guarantee specific business outcomes, tax savings, or financial results. Our services are advisory in nature, and you make final decisions about your business.
Professional Standards
We perform services in accordance with applicable professional standards. However, we are not responsible for:
- Errors in information you provide
- Decisions you make based on our advice
- Actions or inactions of third-party service providers
- Changes in laws or regulations after our work is completed
Liability Cap
To the maximum extent permitted by law, our total liability for any claims arising from our services is limited to the fees you paid us during the twelve (12) months preceding the claim.
Exclusion of Damages
We are not liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, lost data, or business interruption, regardless of the cause of action or whether we were advised of the possibility of such damages.
Your Responsibility
You are responsible for:
- Reviewing all deliverables for accuracy
- Making your own business and tax decisions
- Filing all required tax returns and reports
- Maintaining adequate insurance for your business
Third-Party Services
Integrations
Our services may involve third-party platforms including QuickBooks, payroll providers, e-commerce systems, and payment processors. You acknowledge that:
- These services have their own terms and privacy policies
- You are responsible for accepting their terms
- We are not responsible for their performance, availability, or data practices
- Service changes by third parties may affect our ability to provide certain services
Recommendations
When we recommend third-party services, we do so based on professional judgment. We do not receive compensation for recommendations unless explicitly disclosed.
Termination
By Either Party
Either party may terminate the engagement:
- For convenience: With 30 days written notice
- For cause: Immediately upon material breach that is not cured within 15 days of written notice
Effects of Termination
Upon termination:
- You must pay all fees for services rendered through the termination date
- We will return your original documents and provide copies of work product
- We will maintain records as required by professional standards and law
- Confidentiality obligations continue as specified above
Transition Assistance
We will provide reasonable cooperation to transition services to your new provider, which may be billed at our standard hourly rate.
Dispute Resolution
Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.
Informal Resolution
Before initiating formal proceedings, you agree to contact us to attempt informal resolution. Many concerns can be addressed through direct communication.
Venue
Any legal action must be brought in the state or federal courts located in Dallas County, Texas. You consent to the jurisdiction of these courts.
Time Limitation
Any claim arising from our services must be brought within one (1) year of the date you knew or should have known of the claim.
General Provisions
Entire Agreement
These Terms, together with your engagement letter and our Privacy Policy, constitute the entire agreement between us regarding the subject matter herein.
Modifications
We may update these Terms periodically. Material changes will be communicated via email to active clients. Continued use of our services constitutes acceptance of updated Terms.
Severability
If any provision is found unenforceable, the remaining provisions continue in effect.
No Waiver
Our failure to enforce any right or provision does not waive that right or provision.
Assignment
You may not assign your rights under these Terms without our written consent. We may assign our rights to a successor entity.
Force Majeure
Neither party is liable for delays caused by circumstances beyond reasonable control, including natural disasters, government actions, or internet disruptions.
Contact Us
For questions about these Terms of Service:
Trilink Collaborative LLC 2904 Wycliff Ave., Dallas, TX 75219 Email: info@trilinkaccounting.com Phone: +1 (214) 207-0330
By engaging our services, you acknowledge that you have read, understood, and agree to these Terms of Service.