All projects and support performed by Emerson Winchester LLC are subject to the following terms and conditions. There is a saying: “The large print giveth, and the fine print taketh away.” We hope that it doesn’t take away too much, but our attorney and insurance company made us say all this.
Time Frames
We usually outline start and end dates in our proposals to customers. Although we do our best to meet these dates, those dates are not “hard and fast” and are subject to change based on system and personnel readiness. If these dates need to change, we agree to work out dates that are acceptable to both parties. This may result in a change order adjusting the price up or down depending on circumstances.
Data Migration
If you have engaged us to perform data migration from a legacy system to a new system, we will work with you to ensure that the migration is complete (meaning that all transactions or detailed/summarized general ledger impacts) will be posted to the new system for the data migration period. You understand and agree that differences between systems may introduce differences to classifications of transactions, and that we are not responsible for any errors or omissions in your financial statements caused by a data migration.
If your proposal includes assistance with cutover from the old system to the new system, you agree to work with us to complete a test cutover no less than 15 business days prior to actual cutover. Failure to complete a timely test cutover will be cause for a delay in the timeline for the data migration and will likely result in a very unhappy accounting team. Please trust us on this one and do the test cutover.
Weekend Work Policy
Happy consultants = happy customers. To provide our consultants with the best possible work/life balance, we have adopted the following weekend work policy: Work requested by you to be performed on a Saturday is subject to an automatic surcharge of $2,000, per consultant, per day. Work requested by you to be performed on a Sunday is subject to an automatic surcharge of $5,000, per consultant, per day. This surcharge is due and payable in advance of the work performed and is excluded from our value guarantee.
If our consultants choose to work on a Saturday or Sunday, and that work is not authorized by you, then we don’t charge that extra fee.
Expiration
This agreement will expire at the conclusion of the support period outlined in our proposal. If you have an ongoing agreement with monthly, quarterly, or annual payments, you may cancel that agreement at any time by providing written notice to billing@emersonwinchester.com. If you cancel less than five (5) business days prior to the renewal date, you will probably get an invoice for the new period, but we will void the invoice and notify you that it is void if that happens.
Payment Terms
Payments are due 15 days from invoice date.
Exclusions
Emerson Winchester LLC is not in the business of providing audit, tax, legal, fashion, dating, or other accounting advice. We limit our nerdliness to systems that help accountants and sales people. In other words, if your auditors don’t like your financial statements, that is not our fault and you accept responsibility for any and all management decisions . Also, you should not rely on us to find errors, fraud, or illegal acts in your accounting. We will let you know if we are made aware of any of these things, unless they are clearly inconsequential.
Except as specified in our proposal, all SuiteScript, SuiteFlow, other customizations, and integrations between systems are not included in the quoted price. We are happy to add other services as you need them and will provide you with a competitive price for those services through the change request process.
Third Party Hardware and Software
During the engagement, we may recommend or suggest a purchase and installation of computer or technological hardware, software, or communications by you. We may be (and often are) remunerated by these vendors for the referral. Warranties, to the extent that they exist for third party products (including NetSuite), are provided only by the vendor, and not by us. We will do our best to provide appropriate recommendations when available, but the final decision and responsibility to purchase any hardware or software is at your sole discretion.
If you choose to engage other parties to help with the implementation of additional software, we will be happy to work with them occasionally to answer questions and provide minor technical advice. We cannot be responsible, however, for errors and omissions from third party providers.
Withdrawal
You understand and agree that we may withdraw from the present engagement at any time for any reason at my sole discretion. In particular, you agree that if you fail to provide the requested information or pay for services for this engagement on the agreed upon schedule, we either may discontinue performing services for you until all outstanding balances are paid and/or may withdraw from the engagement ten days after the mailing of written notice to you at the same address to which statements are sent. You recognize that any discontinuation of work or withdrawal by us could seriously harm your interests, but nevertheless specifically give your consent to us to do so and to any court of law, arbitrator, or other forum to allow us to withdraw if we choose to withdraw from this engagement for any reason at our sole discretion.
Privacy Policy
As your consultant, we will have access of information provided by you from our correspondence, worksheets, documents, and discussion. In addition, we will collect information that we develop as part of the engagement.
As your consultants, we are required to keep all information about our engagement confidential, so we will not disclose any information about you unless we have your approval or are required/permitted by law. This applies even if you are no longer a customer.
We are committed to safekeeping of your confidential information and we maintain physical, electronic, and procedural safeguards to protect your information. Although we use services that are deemed to be secure, you and your company assume any risk of transmitting information to us electronically. We encourage you to understand the technology and make informed decisions before using any of the services.
If you have any questions about our policy, or would like to be “forgotten,” feel free to send a request to our support team at support@emersonwinchester.com with your information. We will respond and act on that request within one business week. Holidays, business closure, civil unrest, global pandemics, and so forth may hinder our ability to complete your request.
Record Retention
While we usually do not need actual source documents to perform our services, you agree to provide only copies of source documents, and not actual source documents. You agree that we are not responsible for returning any paperwork or electronic files that you provide us. It is your responsibility to safeguard all source documents and files in case of future need. We may occasionally keep some copies if we deem it necessary to our work.
It is our policy to keep electronic and work paper files for two years. At the end of that time, paper files may be destroyed, and electronic files may be erased.
Mediation/Arbitration
Not that we would ever want our relationship to degrade to the point of needing mediation or arbitration, if any dispute arises between you and us, you and we agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Rules for Professional Accounting and Related Services Disputes before resorting to litigation. Costs of any mediation proceeding shall be shared equally by all parties.
Holiday Closures
Emerson Winchester is closed on the following holidays and the weekends following/preceding them. During these periods of closure, we may not be available to help you out with your system.
- January 1 – New Year’s Day
- Third Monday in January – Martin Luther King Day
- Third Monday in February – Presidents’ Day
- First Sunday after the first full moon after the spring Equinox – Easter
- Second Sunday in May – Mother’s Day
- Third Sunday in June – Father’s Day
- Last Monday in May – Memorial Day
- Week of July 4 – Independence Day/Summer Break
- July 24 – Pioneer Day (Utah)
- First Monday in September – Labor Day
- Fourth Thursday in November – Thanksgiving
- Wednesday before and Friday after Thanksgiving
- December 24-31 – Christmas Break
Emerson Winchester LLC 