Terms of Service

1. Acceptance of these terms

These terms form a binding agreement between you, whether you act for yourself or for a firm, and Mohsinmirza LLC. You accept them when you engage us to perform any of the services described below, when you sign an engagement letter that refers to them, or when you continue to use this website after reading them. If you are accepting on behalf of a firm, you confirm that you have authority to bind that firm.

Where an engagement letter or a written proposal sets out terms that differ from this page, the signed document takes precedence for that engagement to the extent of the difference. Nothing in these terms removes a right that the law gives you and that cannot be waived by agreement.

2. Definitions

• The terms we, us, our and the practice refer to Mohsinmirza LLC.
• The terms you and the client refer to the firm or person engaging us.
• The term services refers to the six account keeping services described on our services page and in any engagement letter.
• The term record means the ledgers, invoices, receipts, schedules, summaries and archive produced while keeping your book.
• The term engagement means the period during which we perform services for you under an agreed scope.

Headings are used for convenience only and do not affect the meaning of a clause. A reference to writing includes email unless a clause states otherwise.

3. Our services

We provide six account keeping services: Ledger Keeping, Invoicing and Receipts, Account Reconciliation, Payroll Stewardship, Quarterly Summaries and Records Archiving. Each is described in detail on our services page, and each may be engaged on its own or together with the others. The scope of a particular engagement is the scope agreed in writing, and work outside that scope is arranged separately before it begins.

We are an account keeping practice. We are not a law firm, we are not a licensed auditor, we do not certify financial statements, and we do not file tax returns as your preparer of record unless a separate agreement says so expressly. Where a task belongs to another profession, we will say so and, if you wish, work alongside the professional you appoint.

We perform the services with reasonable skill and care and in accordance with the standards ordinarily observed by a competent account keeping practice. Where a standard is imposed by law, we meet it. Where a client asks for something outside our competence, we decline it rather than attempt it poorly.

4. Forming an engagement

An engagement begins when we have agreed in writing which services apply, the rhythm at which each will be worked, the fee or fee basis, and the date from which the work starts. We confirm the opening position by reconciling it against your bank, so that both of us begin from a figure we trust. Until that confirmation, no engagement exists and no obligation to perform arises on either side.

A quotation or a proposal is an invitation to discuss, not an offer, and it lapses if it is not accepted within the period stated. We may decline an engagement for any lawful reason, and we will say plainly why if we do.

5. Your responsibilities

Account keeping depends on timely and honest information. You agree to provide the records, documents and explanations we reasonably need, to provide them within the time agreed, and to tell us promptly if something you have provided is incomplete, inaccurate or has changed. You agree that the information you give us is yours to give, and that you have the right to share any personal information about your employees, customers or suppliers that the records contain.

You remain responsible for the decisions of your firm, for the accuracy of the underlying transactions, and for meeting your own legal and tax obligations. If we flag a question for your decision, the decision is yours, and we will proceed on the instruction you give rather than on an assumption of our own.

You agree not to use our services for an unlawful purpose and not to ask us to record or present information in a way that is misleading. If we believe an instruction would require us to do either, we may decline it and, where the law requires, we may end the engagement.

6. Fees and payment

Our fees are set out in the engagement letter, either as a fixed amount for a defined scope, as a rate for time spent, or as a periodic charge for a continuing service. We will not increase a fee during an engagement without giving you notice in writing and the opportunity to discuss it. Where a scope changes materially, we will agree a revised fee before doing the additional work.

Invoices for our own services are issued on the rhythm stated in the engagement letter and are payable within the period stated on the invoice. Where an invoice is overdue we may pause work after giving you notice and a reasonable opportunity to pay, and we may charge interest at a rate no greater than the maximum permitted by law. Pausing work does not release us from the duty to keep your record safe, and it does not give us a right to withhold your record.

Amounts are stated and payable in United States dollars unless the engagement letter says otherwise. You are responsible for any tax that applies to the supply of our services, other than tax on our own income.

7. Records and ownership

The record we keep belongs to you. We hold it as a custodian and we handle it only to perform the services you have engaged. On request, and in any event when an engagement ends, we return the record to you in full, in a form your own adviser can read, and we hand over the archive along with it. We do not treat the record as security for payment and we do not withhold it to resolve a disagreement about fees.

We keep our own working papers and internal notes, and we may retain a copy of a record where the law requires it or where it is prudent to do so for the retention period agreed in the engagement. Where we keep such a copy, we protect it in the manner described in our Privacy Policy and we do not use it for any new purpose without your agreement.

8. Accuracy and no audit

We keep your book accurately and reconcile it against the bank, and our summaries are honest, current accounts of what the ledger shows. None of this amounts to an audit, a review or any other form of assurance engagement, and none of our statements should be taken as an opinion on financial statements. Where a matter requires assurance, you should appoint an auditor or an accountant qualified to give it.

Our work depends on the information you provide and on the records you send. We are not responsible for an error that arises from information that was incomplete or inaccurate when it reached us, and we are not responsible for a loss that follows from a decision you took on the basis of your own records rather than ours. Where we do find an error of our own making, we will correct it promptly at no charge and explain what happened.

9. Confidentiality

We keep your information confidential and we use it only to perform the services you have engaged and to run our own practice as described in our Privacy Policy. We do not disclose your information to a third party except where you have authorised the disclosure, where a service provider needs it to perform a function on our behalf, or where the law requires it. These duties continue after an engagement ends.

You agree to keep confidential the working methods, templates and internal materials we use in keeping your book, to the extent that they are not already public. This obligation does not prevent you from sharing your own record with your own advisers, which you are always free to do.

10. Third party advisers

You may appoint an auditor, a tax adviser, a lender or another professional to work alongside us. Where you authorise it, we will cooperate with that adviser, share the parts of the record that are needed, and answer reasonable questions about how a figure was reached. We are not responsible for the work of an adviser you appoint, and an adviser we recommend remains independent of us.

Where we suggest a third party service, the suggestion is made in good faith and is not an endorsement of the third party result. You are free to accept or decline any such suggestion, and the decision remains yours.

11. Acceptable use of the website

You may read our pages, use our contact form and communicate with us for lawful purposes. You agree not to interfere with the website, not to attempt to gain unauthorised access to any part of it or to any record held by us, not to introduce malicious code, and not to use automated tools to copy or overload the site. You agree not to misrepresent yourself as another person or firm when contacting us.

The website is provided for information. It is not a substitute for professional advice about your own circumstances, and nothing on it constitutes a binding offer of services. We may change, suspend or withdraw any part of the website at any time.

12. Intellectual property

The text, layout and design of this website, together with the templates and working methods we use, belong to Mohsinmirza LLC and are protected by law. You may read the site and print a copy for your own reference. You may not copy, republish or use our materials for a commercial purpose without our written permission.

The record we keep for you belongs to you, as described above, and nothing in this clause restricts your ownership of it. Where you provide us with your own templates or formats, they remain yours and we use them only to perform the services you have engaged.

13. No guaranteed outcome

We promise careful work, kept to a published standard, and we promise to tell you the truth about it. We do not promise a particular financial result, a particular tax outcome, a particular valuation or a particular decision by a lender, a client or an authority. Account keeping improves the reliability of your record; it does not control the world in which the record is used.

Where we give a view about a figure or a trend, the view is our honest reading of the record at the time, and it may change if the underlying information changes. You should not treat a view as a guarantee, and you should not rely on it in place of your own judgement or the advice of a professional qualified in the relevant field.

14. Limitation of liability

To the fullest extent permitted by law, our total liability arising out of or in connection with an engagement is limited to the total fees paid by you to us for the services giving rise to the claim during the twelve months before the claim arose. We are not liable for indirect or consequential loss, for loss of profit, opportunity, goodwill or anticipated saving, or for loss that was not reasonably foreseeable.

Nothing in these terms limits our liability for fraud, for wilful misconduct, for death or personal injury caused by our negligence, or for any other liability that the law does not allow to be limited. If a limitation in this clause is found to be unenforceable, it is severed to the smallest extent necessary and the rest of these terms continue to apply.

15. Indemnity

You agree to indemnify us against a claim, loss or cost that arises from information you provided that was inaccurate or incomplete, from a record you asked us to keep in a way that was misleading, from an instruction you gave that we carried out in good faith, or from a breach of a right of a third party in the information you shared with us. This indemnity applies only to the extent the claim is attributable to you and not to any fault of ours.

We agree to indemnify you against a claim, loss or cost that arises directly from our own negligence or wilful misconduct in performing the services, to the extent permitted by the limits set out above.

16. Term and termination

An engagement runs for the period stated in the engagement letter. Where no fixed period is stated, it runs month to month. Either party may end the engagement at the close of any month by giving written notice to the other, and we will complete the current month work, prepare a final summary and hand the record back in full.

We may end an engagement immediately if we are asked to act unlawfully, if we are asked to present information in a misleading way, if a fee remains unpaid after notice and a reasonable opportunity to pay, or if continuing would put us in breach of a legal or professional duty. If we end the engagement we will tell you why, hand the record back in full, and refund any fee paid for work not yet performed.

17. Events beyond our control

We are not liable for a delay or a failure in performance caused by an event beyond our reasonable control, such as a natural event, a power or communications failure, a strike, an act of government, or a failure of a third party service on which we reasonably rely. Where such an event occurs, we will tell you as soon as we can, keep your record safe, and resume the work as soon as it is reasonably possible to do so.

18. Governing law and disputes

These terms are governed by the laws of the State of New York and of the United States, without regard to conflict of law rules. If a dispute arises, we ask you to raise it with us first by writing to billing@mohsinmirza.buzz, so that we have a fair chance to resolve it directly. Most questions are answered quickly when they are put in writing.

If a dispute cannot be resolved by discussion, the parties agree to attempt a good faith resolution by mediation before beginning proceedings, and then to bring any unresolved matter before a court of competent jurisdiction in the State of New York. Nothing in this clause prevents either party from seeking urgent relief where it is needed to protect a legal right.

19. Changes to these terms

We may update these terms from time to time to reflect a change in our practice, in the services we offer, or in the law. When we make a material change we will update the effective date at the top of this page and, where the change affects an active engagement, we will tell the client directly before it takes effect.

A change does not apply retroactively to work already performed. Continuing to use our services after a change takes effect means that you accept the updated terms, and if you do not accept them you may end an engagement at the close of the month as provided above.

20. How to contact us

If you have a question about these terms, or if you would like to discuss an engagement, please write to us. We answer in the order the post arrives and we will tell you plainly what we can and cannot do.

• Company: Mohsinmirza LLC
• Postal address: 511 Canal Rd, Mount Sinai - 11766-3301, United States (US)
• Email: billing@mohsinmirza.buzz
• Telephone: +16075772165
• Developer name: Mohsin Mirza

Thank you for reading to the end. A clear agreement protects both sides, and we would rather set a term plainly now than argue about it later.