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Intuit QuickBooks Enterprise – Full Service Plan/Subscription Terms & Conditions

If you do not agree to these Terms and Conditions, please do not use the service and call 866.340.QBES (or 888.333.3451 for Accountant Edition) to cancel your Full Service Plan or Subscription (individually and collectively, "Plan") within 60 days of enrollment or renewal for a full refund of your purchase price. If you have accepted the Terms and Conditions or have used the service as a member under any Plan ("Plan member(s)"), a full refund may not be available. All refunds are subject to the Refund Policy below.

General Policies:

During the term of the Plan, Plan members will receive support for an unlimited number of incidents. Intuit reserves the right to limit each contact (telephone or electronic) to one incident as defined below. Intuit may also limit or terminate support service to, or may elect not to renew the membership of, any Plan member who uses the service in an irregular, excessive, abusive or fraudulent manner. Terms, conditions, support features, procedures, pricing and support availability for future periods are subject to change at any time without notice. Coverage is non-transferable and is valid for the Plan member only. Resale or transfer of membership rights is strictly prohibited, and will be grounds for termination or non-renewal of Plan member's membership.

Definition of an Incident:

For purposes of these terms and conditions, an "incident" means (a) a single issue or problem that a Plan member asks a support representative to analyze or resolve, (b) a product-usage question that involves a single topic on a dropdown menu or one QuickBooks Enterprise report, or (c) a single question on a specific bookkeeping topic. The technical support representative will determine if any additional incidents may be handled during the course of the telephone or electronic contact.

Support Availability:

Support availability may occasionally vary from stated hours due to downtime for systems and server maintenance, company events, observed U.S. holidays, and events beyond our control. Call the toll-free support number 866.340.7237 (or 888.333.3451 for Accountant Edition) between 4:00am and 7:00pm Pacific Time, which is limited to Plan members within the United States. Plan members who cannot use the toll-free hotline must call 520.901.2670 to receive technical support. Intuit will not call back customers located outside the United States, nor is Intuit responsible for long-distance telephone charges incurred in connection with the use of the Plan from a location outside the United States. As an active Plan member, you may be eligible for additional products, services and/or discounts when and if such additional products, services and/or discounts become available. These additional offerings or offers may be subject to additional terms, conditions and limitations.

General Support Team Phone Response Time:

A QuickBooks Enterprise technical support representative will be available to talk to a Plan member within then-current published response times, during Intuit's published support hours, subject to variations due to downtime for systems and server maintenance, company events, observed U.S. holidays, and events beyond our control. Tracking for such response time begins after a Plan member's call has entered the QuickBooks Enterprise Support Team queue. A Plan member's call will be placed in the QuickBooks Enterprise Support Team queue after membership and Plan has been verified. The foregoing shall not be deemed a representation or warranty on Intuit's behalf regarding the time within which a resolution, if any, may be available for any particular incident. Plan members must use the Plan phone number during Intuit's published support hours in order to receive support in the published response time.

Support Topic Limitations:

Inquiries are limited to the following QuickBooks Enterprise Business Management Software product areas: installation, upgrade assistance, basic functionality, and report template assistance. Intuit will also assist Plan members with basic connectivity issues for the purpose of using QuickBooks Enterprise Business Management Software to access other products or services to the extent necessary to confirm whether such issues relate to equipment or software within Intuit's control. However, Intuit shall not be responsible for connectivity issues caused by third-party services, service providers, hardware, or software. The Plan does not cover inquiries on accounting practices, or human resources compliance practices, nor does it include application consulting or live training. QuickBooks Enterprise support hours and response time guarantees do not apply to Intuit Payroll Services support or third parties to whom Intuit transfers or escalates a call.

Product Upgrade Limitations:

During the membership period, Plan members will be notified when and if new QuickBooks Enterprise Software version upgrades become available. Plan members will NOT be entitled to receive a version upgrade generally commercially released after the expiration date of a Plan membership. Version upgrades are provided for use by Plan members only and are strictly prohibited from resale.

Data Recovery Service Limitations:

Intuit provides Standard Data Recovery Service for a Plan member's QuickBooks Enterprise data file if a technical support representative cannot fix the file during the course of a support call. A Plan member who thinks s/he may have a damaged file must first contact QuickBooks Enterprise technical support so that a technical support representative can attempt to assist the Plan member during the course of a support call. If the technical support representative determines that Data Recovery Services are needed, the Plan member will be given instructions on how to submit the data file to Intuit and will be asked to sign a Services and Confidentiality Agreement before doing so. Intuit does not guarantee that it will be able to fix a damaged data file. Intuit will attempt to fix the data file within the standard, then-published turn-around time. A Plan member who wants express turn-around will be charged the full, published Express Data Recovery Service fee. If the Plan member's data file and Intuit's signed Services and Confidentiality Agreement are received by Intuit no later than 2:00pm Pacific Time, the service time starts on that date. If the Plan member's data file and signed Services and Confidentiality Agreement are received by Intuit after 2:00pm Pacific Time, the service delivery date will be extended by one business day.

Password Removal Service Limitations:

Intuit provides Standard Password Removal Service for a Plan member's QuickBooks Enterprise data file if a technical support representative cannot recover a lost or forgotten password during the course of a support call. A Plan member who needs help with a password must first contact QuickBooks Enterprise technical support so that a technical support representative can attempt to assist the Plan member. If the technical support representative determines that Password Removal Services are needed, the Plan member will be given instructions on how to submit the data file to Intuit and will be asked to sign a Services and Confidentiality Agreement before sending Intuit the data file. Intuit will remove the password from the data file within the standard, then-published turn-around time. A Plan member who wants express turn-around will be charged the full, published Express Password Removal Service fee. If the Plan member's data file and Intuit's signed Services and Confidentiality Agreement are received by Intuit no later than 2:00pm Pacific Time, the service time starts on that date. If the Plan member's data file and the signed Services and Confidentiality Agreement are received by Intuit after 2:00pm Pacific Time, the service delivery date will be extended by one business day.

Interactive Self-paced Training DVD:

Plan members can obtain self-paced training at the Customer Resource Center website. Login is required.

Supported Products and Services:

The Plan covers all supported versions of QuickBooks Enterprise Business Management Software (except QuickBooks Enterprise: Accountant Edition 1-User) and any other included Full Service Plan or Subscription services. Support availability for a particular version is subject to change at any time without notice.

Monthly Payment Plan

Enrollment for an annual subscription for QuickBooks Enterprise commits you to a 12 month term. You have elected to pay your annual subscription in equal payments over the course of 12 months. You must pay for all 12 months of the subscription in full based on the then current rate of QuickBooks Enterprise. If you choose to cancel inside the first 60 days, you can opt to receive a refund per the 60 day money back guarantee (see refund section below). However, if you choose to cancel after the first 60 days and prior to the end of month 12 you will be subject to a termination fee equal to the amount of monthly payments left on your annual subscription. For purpose of clarity, if you pay for 6 months and have 6 months remaining on your annual subscription, which starts at date of enrollment, you will be charged a termination fee equal to the then current monthly fee of QuickBooks Enterprise multiplied by 6 months (remaining months left on annual subscription). Terms, conditions, pricing, features, service and support options subject to change without notice.

Renewal Policy:

The initial Plan term covers one year from the date of purchase of your QuickBooks Enterprise software. As of each annual anniversary date thereafter, your Plan shall automatically renew when Intuit receives your payment. For Plan renewal, you must have a valid credit card or a valid debit card with a Visa or MasterCard logo ("Card") or sufficient funds in a U.S. checking or savings account to cover an electronic debit of the applicable Plan fee. The information you provide must be accurate and complete. When you subscribe and provide payment information, your Card or bank account will be debited immediately, and thereafter will be automatically re-debited on a yearly basis at the then-current rate to maintain the Plan unless, not later than 5 days prior to the beginning of the new one-year term, you notify Intuit to cancel the Plan. If the automatic renewal payment cannot be processed, Intuit will allow a 15-day grace period from your renewal due date after which date access to the plan and your account may be denied. If you cancel, the 15-day grace period does not apply. In the event an account is denied due to non-payment, it is Intuit's policy to only retain your online data for 60 days after your designated Plan renewal date. The Plan may be terminated by Intuit immediately and without notice if a Plan member fails to comply with any term or condition of this Agreement, or if a Plan member exceeds reasonable use of the Plan, or if Intuit is unable to debit a Plan member's Card in accordance with this Agreement. If Intuit chooses not to renew a Plan on the basis of excessive usage, such non-renewal will not preclude Plan member's access to Intuit customer support on a pay-as-you-go basis or under a limited incident plan, if available. From time to time Intuit may change the terms or conditions of the Plan, the method of Plan access or delivery, or the Plan fees.

Limitation of Liability and Damages:

Intuit's maximum liability, and Plan member's sole remedy, for any claim arising under the Plan will be the refund of an amount not exceeding the Plan fee paid by the Plan member for 12-month period during which the claim arose. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, THE LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF INTUIT, ITS AFFILIATES, ITS SUPPLIERS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTUIT AND YOU.

Disclaimer of Warranties:

PLAN SUPPORT SERVICES ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT AND SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, "INTUIT AND ITS SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES, CONTENT, AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, NON-INTERFERENCE OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS AND SIMILAR LAWS OF ANY JURISDICTION. INTUIT AND ITS SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, OR ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. FURTHER, INTUIT DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT OR DATA THROUGH THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. In that event, any implied warranties are limited in duration to 60 days from the first date of service. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Governing Law:

These terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. Plan member agrees that any action arising out of or relating to the service provided by Intuit will be filed and maintained only in the state or federal courts located in San Francisco, California, and Plan member hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action. If any provision of these terms is deemed unlawful, void or unenforceable for any reason, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. This is the entire agreement between Intuit and the Plan member relating to the subject matter of these terms, and may not be modified except in a writing signed by both the Plan member and an authorized representative of Intuit.

Privacy Statement:

Your use of the Plan is subject to Intuit's privacy policies, as may be amended from time to time, as set forth in the QuickBooks Privacy Statement: https://security.intuit.com/privacy/. By registering for this Plan, you consent to the use of your personally identifiable information in accordance with such privacy statement.

Refund Policy:

A Plan member may cancel the Plan membership during the first 60 days after purchase and obtain a refund for the amount paid for the current Plan membership period under the following conditions: a refund for cancellation of initial Plan enrollment is available only when the Plan member cancels both the Plan and the QuickBooks Enterprise software license. If, during the first 60 days of Plan enrollment the Plan member has made no use of the Plan, the full amount paid for the current Plan membership period will be refunded. If, during the first 60 days of Plan enrollment, the Plan member has communicated with a support engineer on one occasion, the amount refunded will be equal to the amount paid for the current Plan membership less the number of support incidents times $200 per incident. If the Plan member has communicated with a support engineer on more than one occasion during the first 60 days of Plan enrollment, no Plan refund will be given. If the Plan member has received Data Recovery or Password Removal Services during the first 60 days of Plan enrollment, Intuit will deduct the fees for the service(s) used from the refund amount. If the Plan member has received a version upgrade of QuickBooks Enterprise software within 60 days prior to the date a request for Plan cancellation is received, the suggested retail price of the QuickBooks Enterprise Business Management software version upgrade(s) provided will be deducted from the refund amount In order to receive any refund, any training CDs received under the current Plan term must be returned.

23 February 2015

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