Intuit UK Small Business Terms of Service

INTUIT TERMS OF SERVICE (UK)
QUICKBOOKS ONLINE SERVICE

A. INTUIT GENERAL TERMS OF SERVICE. Thank you for selecting the Services (defined below in Section 1.1) offered by or on behalf of Intuit Limited (UK) and/or its Affiliates (collectively referred to as “Intuit,” ”we,” “our,” or “us”) on this website owned and/or operated by Intuit or one of its vendor(s). Please review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Intuit.

1. AGREEMENT

1.1 This Agreement describes the terms governing your use of the Intuit online services provided to you on this website, including content, updates and new releases (collectively, the “Services”). It includes by reference:

· Intuit's Privacy Statement available on this website or provided to you in writing for the Services you selected.

· Additional Terms and Conditions for the Services that you have selected, including from third parties.

· Third Party Privacy Statement provided to you in writing for the Services you selected

· Any terms provided separately to you for the Services, including for example, web or email product or program terms, ordering, activation, pricing and payment terms, if applicable, for the Services.

1.2 An “Affiliate” means all Intuit companies and subsidiaries that directly or indirectly, control or are controlled by Intuit, or are under the common control with Intuit. As used in this Agreement, control means equity ownership of fifty percent (50%) or greater interest in the voting shares held by an entity.

2. YOUR RIGHT TO USE THE SERVICES AND RESTRICTIONS

2.1 The Services are protected by copyright, confidentiality, and other intellectual property laws. You are only granted the right to use the Services, and Intuit reserves all rights of ownership in the Services not granted to you in writing here. As long as you comply with all applicable legal and statutory requirements, and any applicable payment obligations within the provisions of this Agreement, Intuit grants to you a personal, limited, nonexclusive, nontransferable licence (except as expressly stated herein) to use the Services that is valid only for the period of use provided in the ordering and activation terms, and only for the purposes described by Intuit on the website for the Services.

2.2 You agree not to use the Services or content on this website in a manner that violates any applicable law, regulation or this Agreement. For example, unless authorised by Intuit in writing, you agree you will not:

· Provide access to or give any part of the Services to any third party.

· Modify, disrupt or interfere with the Services, supporting servers, or networks either manually or through the use of scripts, viruses, or worms.

· Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.

· Attempt to access any other Intuit systems that are not part of these Services.

· Excessively overload the Intuit systems used to provide the Services.

If you violate any of these terms, this Agreement and your right to use the Services may be terminated by Intuit in its sole discretion.

3. PAYMENT. For Services offered on a payment or subscription basis, the following terms apply, unless Intuit or its vendor(s) notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

a. Payments will be billed in advance to you by Intuit and/or its vendor(s) in pounds sterling (£) or U.S. currency (plus any and all applicable taxes, including without limitation VAT) as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information to Intuit and/or its vendor(s), unless stated otherwise in the program ordering or payment terms on the website for the Services.

b. You must pay with one of the following:

(1) A valid credit card acceptable to Intuit and/or its vendor(s);

(2) A valid debit card acceptable to Intuit and/or its vendor(s);

(3) Sufficient funds in a current or savings account to cover an electronic debit of the payment due; or

(4) By another payment option Intuit and/or its vendor(s) provides to you in writing.

c. If your payment and registration information is not accurate, current, and complete and you do not notify Intuit and/or its vendor(s) promptly when such information changes, your account may be suspended or terminated and you may be refused access to the Services until all outstanding sums have been paid.

d. Your subscription will automatically renew, on a monthly or annual basis (depending upon your subscription), at the current rates applicable at the time of renewal, unless the Services are cancelled or terminated under this Agreement.

e. Additional cancellation or renewal terms may be provided to you on the website for the Services. 

4. TRIAL VERSIONS AND BETA FEATURES. If you registered for a trial version of the Services, you must decide to purchase the Services within the time specified for the trial (“Trial Period”) in order to retain any Content (defined in Section 6) that you have entered or uploaded during the Trial Period. If you do not purchase the Services or products by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Services or product during the Trial Period, if you decide not to purchase the full version of the Services, you will not be able to access or retrieve any of the data you entered or uploaded during the trial.

From time to time, Intuit may include new and/or updated beta features (“Beta Features”) in the Services for your use and which permit you to provide feedback. You understand and agree that your use of the Beta Features is voluntary and Intuit is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.

 5. YOUR PRIVACY AND PERSONAL INFORMATION. The Services are provided by Intuit and/or its vendor(s). In order to provide you with the Services, Intuit and/or its vendor(s) will have access to and use the personal information you provide, and the respective Privacy Statements of each organisation will apply.

You can view Intuit’s Privacy Statement on the website, or via a link on the website for the Services you have selected. You agree to be bound by the applicable Intuit Privacy Statement, subject to change in accordance with its terms. Most importantly, you agree:

· To Intuit maintaining your data according to the Intuit Privacy Statement, as part of the Services.

· To give Intuit permission to aggregate your non-personally identifiable data which you enter or upload with that of other users of the Service. By way of example, this means that Intuit may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.

· Intuit is a global company and you agree that Intuit may access or store personal information in, and transfer it to, multiple countries, including countries outside the European Economic Area that may be deemed to have inadequate protections by European Union Data Protection Authorities. You also agree that such personal information as may be stored on servers in countries outside the European Economic Area will be subject to the laws of those countries.

6. CONTENT

6.1 You are responsible for your content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored through your use of the Services. Please be informed that Intuit and/or its vendor(s) may remove and/or disable access to any work uploaded posted or stored through your use of the Services if Intuit and/or its vendor(s) acquires knowledge that and/or is notified that the said work infringes the copyright in any material. You grant Intuit a worldwide, royalty-free, non-exclusive license to host and use the Content (including, without limitation, to reproduce in a material form, publish, perform, communicate to the public, to make an adaptation of the Content) for the purpose of providing you with the Services. You agree not to use the Services for any illegal purpose or in violation of any applicable law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the Services to share, store, or in any way distribute data that is not in accordance with the law. Any users suspected of having information which involves fraud, embesslement, money laundering, insider dealing, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Intuit is not responsible for the Content or data you submit on the website.

You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

  a. Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing , offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any applicable law;

  b. Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);

  c. Except as otherwise permitted by Intuit in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;

  d. Virus, trojan horse, worm or other disruptive or harmful software or data; and

  e. Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.

6.2 Community forums. The Services may include a community forum to exchange information with other users of the Services and the public. Please use respect when you interact with other users. Intuit does not support and is not responsible for the accuracy of others’ content in these community forums. Do not reveal information in the community forum that you do not want to make public. Users may post hypertext links to content hosted and maintained by third parties for which Intuit is not responsible.

6.3 Intuit may freely use feedback you provide. You agree that Intuit may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Intuit a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Intuit in any way. Intuit will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

6.4 Intuit may monitor your content from time to time. Intuit may, but has no obligation to, monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Intuit or its customers, or operate the Services properly. Intuit, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

 7. ADDITIONAL TERMS YOU AGREE TO

7.1 Intuit does not give professional advice. Intuit is not in the business of providing legal, financial, accounting, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

7.2 Intuit Services. You may be offered other services, features, products, applications, online communities, or promotions provided by Intuit ("Intuit Services"). If you decide to use any of these Intuit Services or products, additional terms and conditions and separate fees may apply. You acknowledge that in accessing some Intuit Services you may upload or enter data such as names, addresses and phone numbers, purchases, sales and other data, to the Intuit Services through the Internet. You grant Intuit permission to use information you provided about your business and experience so that we can provide the Intuit Services to you, monitor and analyse your use of the services, maintain and update your data, and address errors or service interruptions. We may use this data to improve services, enhance future services, identify potentially relevant offers, and produce anonymous research data. You grant Intuit permission to combine the data you have entered or uploaded with that of others in a way that does not identify you or any individual personally. You also grant Intuit permission to share or publish summary results relating to such research data and to distribute or license such data to third parties.

7.3 We may tell you about Intuit and third party products or services. Subject to the Intuit Privacy Statement, Intuit may offer products and services on behalf of third parties who are not affiliated with Intuit (“Third Party Products”) or the Services may contain links to third party websites (“Third Party Sites”). You agree that Intuit can use your contact information, including name and address, for the purpose of offering these products to you in accordance with your stated Intuit contact preferences. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies. You agree that the third parties, and not Intuit, are responsible for their product’s performance and the content on their websites. Intuit is not affiliated with these Third Party Products or Third Party Sites and accepts no liability for them.

7.4 Communications choices. Intuit may be required by law to send you communications about the Services or Third Party Products. You agree that Intuit may send these communications to you via email or by posting them on one of our sponsored websites. We may also send business communications such as confirmations or notices that will be delivered to you via email or posted on our websites. You are required to receive these communications. You can choose not to receive some other types of communication, such as marketing. Please review the Privacy Statement or follow instructions on the communication to exercise your communication choices.

7.5 You will track your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Services. If you become aware of any unauthorised access to your Services account, theft or loss of your password you agree to contact Intuit or its vendor(s) as soon as possible. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.

7.6 Compliance with preservation orders. Intuit accepts no liability to you under this Agreement, or otherwise at law, for compliance by Intuit with any order or notice, whether issued to Intuit or to you, and whether issued by any court, tribunal, regulatory authority, arbitral tribunal or any body or authority exercising judicial, quasi-judicial, regulatory, or arbitral power or authority, requiring the preservation of any data, information documents or Content (a “Preservation Order”). To the extent that a Preservation Order has been issued to you, you acknowledge that you are solely responsible for your compliance with it.

8. DISCLAIMER OF WARRANTIES 

8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, “SUPPLIERS”) DISCLAIM AND EXCLUDE ALL TERMS AND CONDITIONS, REPRESENTATIONS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY TERM, CONDITION, REPRESENTATION OR WARRANTY THAT THE SERVICES ARE FIT FOR ANY PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. INTUIT AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION, OR THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. 

8.2 INTUIT AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY TERMS, REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES ARE IN ACCORDANCE WITH APPLICABLE LAW.

NOTWITHSTANDING THE FOREGOING, NO PROVISION OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY THE APPLICABLE LAWS OF ENGLAND AND WALES AND FOR THE AVOIDANCE OF DOUBT INTUIT DOES NOT EXCLUDE LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) LIABILITY ARISING UNDER SECTION 12 OF THE SALE OF GOODS ACT 1979; OR (IV) ANY OTHER LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED BY CONTRACTUAL AGREEMENT OF THE PARTIES.

 9. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF INTUIT, AND ITS VENDORS AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT(INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR REPUDIATORY BREACH OF THIS AGREEMENT) SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, INTUIT AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS OR GOODWILL, TRADING LOSSES, REVENUE, PROFITS (WHETHER DIRECT OR INDIRECT), ANTICIPATED SAVINGS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET INTUIT SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF INTUIT AND ITS AFFILIATES AND VENDORS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold Intuit and vendors and Suppliers harmless from any and all claims, liability and expenses, including reasonable legal costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Intuit reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Intuit in the defense of any Claims.

10. CHANGES TO THIS AGREEMENT OR THE SERVICES. We may change this Agreement from time to time, and the changes will be effective when posted on our website for the Services or when we notify you by other means. Please review the Agreement periodically on this website for changes. We will use reasonable commercial endeavours to bring these changes to your attention, but it is your responsibility to ensure that you are aware of such changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the Services after Intuit posts or otherwise notifies you of any changes, shall be deemed to constitute your agreement to the changes.

 11. TERMINATION. Intuit may immediately and without notice terminate this Agreement or suspend the Services provided to you, if you fail to comply with these terms or if you no longer agree to receive electronic communications (see Section 7.4). Upon termination you must immediately stop using the Services. Any termination of this Agreement shall not affect Intuit’s rights to any payments due to it. Intuit may terminate a free account at any time. Other requirements regarding termination or cancellation of the Services may apply based on the specific ordering terms for the Services provided to you. Sections 1.2, 5, 8 through 15 will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded.

 12. EXPORT RESTRICTIONS. You acknowledge that this website, the Services, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export the Services, or any part of the Services, in violation of these laws and regulations, directly or indirectly. You also agree not to provide access to any part of the Services to anyone who you have reason to know may use the Services in the development of nuclear, chemical, or biological weapons.

13. GOVERNING LAW AND JURISDICTION. This Agreement will be governed by, and construed in accordance with, the laws of England and Wales applicable therein, without regard to its conflicts of law principles. Not withstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement relating to the scope of license, or any infringement (or apprehension of infringement) of Intuit’s or its suppliers’ intellectual property rights may cause Intuit irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that Intuit shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect Intuit’s rights under this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of England and Wales and you agree that you will procure that any third party making a claim against Intuit arising out of this Agreement shall bring such claim exclusively in the English courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.

Intuit does not represent that information on the website for the Services is appropriate or available for use in all countries. Intuit prohibits accessing materials from countries or states where contents are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws.

14. LANGUAGE. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English.

15. GENERAL. This Agreement is the entire agreement between you and Intuit and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as provided in this Agreement in Section 10 above. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You cannot assign or transfer ownership of this Agreement to anyone (except as expressly stated herein) without the prior written approval of Intuit. However, Intuit may assign or transfer it without your consent to (a) an Affiliate, (b) another company through a sale of assets by Intuit or (c) a successor by merger. Any assignment in violation of this Section shall be void. You agree that, for the purposes of the Contracts (Rights of Third Parties) Act 1999, Intuit’s affiliates and subsidiaries are third party beneficiaries and shall be entitled to enforce the terms of this Agreement against you but any changes may be made to this Agreement by Intuit without their consent. Save as expressly provided for in the previous sentence, this Agreement is not intended to, and does not, give to any person who is not a party to this Agreement any rights to enforce any provisions contained in this Agreement.

March 4, 2011

B. ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES

Your use of the Services provided by Intuit are subject to the general Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. To the extent of any conflict or inconsistency with the general Terms of Service above, these Additional Terms and Conditions shall prevail.

QuickBooks Online Supplemental Agreement and Terms of Services

Thank you for selecting QuickBooks Online (“QB Online”). This licence agreement in addition to the Intuit Terms of Service (the “Agreement”) is a legal agreement between the User, a single legal entity identified in the registration process provided as part of the start-up process (“User”, “you”), and Intuit Limited (UK) (“Intuit,” “we”, “our” or “us”).

By checking “ACCEPT,” You indicate that you have read and understood, and assent to be bound by, the terms of this Agreement. If the person checking “ACCEPT” is an individual working for you (“Agent”), such person is agreeing to the terms and conditions of this Agreement on behalf of you and represents and warrants to Intuit that he/she has full power and authority to enter into this Agreement on your behalf.

If you do not agree to the terms of the Agreement, you are not granted any rights whatsoever in the Services. If you are not willing to be bound by these terms and conditions, you should not check “ACCEPT,” and may not access or otherwise use the QB Online Services.

1. SUBSCRIPTION. The QB Online Services is licenced on a monthly or yearly subscription basis, as selected by You or your agent.

2. TRIAL VERSION. In addition to the terms for Trial Versions in Section 4 of the Agreement, the following also applies. The Service will begin after we receive and process all the information requested, including your or your Agent’s credit card or bank account information in accordance with the payment process in Section 3 of the Agreement. When you subscribe and provide payment information, you or your Agent’s credit card or bank account will be debited after the trial period, and will be automatically re-debited at the beginning of each applicable monthly or one-year subscription term of the Service (“Renewal Term”) at the then current subscription rate to maintain the Service. You may notify us to cancel the Service prior to the beginning of each Renewal Term.

3. PERMITTED DISCLOSURES AND USE OF DATA. You acknowledge and agree that in order to provide you with access to and use of the QB Online Services, Intuit may provide your Access Information and Account Data to (i) your employee or agent who is identified in the Registration Data as the current system administrator for your account (the “Current Administrator”), and (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by Intuit to effectuate such replacement. Any other person You identified as an authorised user of QB Online will have access to the Account Data subject to the access permissions you or the system administrator assigned to them.

4. FINANCIAL INSTITUTION SERVICES.

4.1. General. In connection with your use of the QB Online Service and as part of the functionality of certain versions of the QB Online Service, you may have access to certain online services that may be made available by your financial institutions (“FI Services”), including online banking, online payment, online investment account download, online bill pay, and online trading. The QB Online Service is designed to allow you to access participating FI Services (if and to the extent provided by your financial institutions) to set up banking information, allow the QB Online Service to access your account(s), download transactions into the QB Online Service and otherwise aggregate information from your account(s) with your financial institutions. You acknowledge and agree that Intuit has no control over the FI Services or access to the FI Services by your financial institutions, does not guarantee that you will be able to use the QB Online Service with the FI Services, and will have no liability whatsoever for any actions or inactions on the part of the financial institutions resulting in your inability to use the QB Online Service to access your accounts, obtain data, download transactions, or otherwise use or access the FI Services.

4.2. Collection of Financial Institution Account Data. You acknowledge that in accessing the FI Services through the QB Online Service, your financial institution account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, and the actual data in your account(s) with such financial institution(s) such as bank balances, credit card charges, debits and deposits (collectively, “FI Account Data”), may be collected, converted and stored in the QB Online Service depending upon your financial institution and type of account. You authorise Intuit, in conjunction with Intuit’s operation and hosting of the QB Online Service, to (i) collect your FI Account Data, (ii) reformat and manipulate such FI Account Data, (iii) create and provide hypertext links to your financial institutions, (iv) access the financial institutions’ websites using your FI Account Data, and (v) take such other actions as are reasonably necessary to perform the actions described in (i) through (iv). You hereby represents that you are the legal owner of your FI Account Data and that you have the authority to appoint, and hereby expressly do appoint, Intuit as your agent with all necessary power and authority to access and retrieve your FI Account Data on your behalf. You further acknowledge that Intuit does not review your FI Account Data and agrees that Intuit is not responsible for its completeness or accuracy. Any transactions or informational activities performed at any financial institution’s website are not made through the QB Online Service and Intuit assumes no responsibility for such transactions or activities. You are solely responsible for any charges associated with your financial institutions.

4.3. Information from Financial Institutions’ Websites. You acknowledge and agree that (i) some financial institutions may not allow the QB Online Service to access the FI Services, (ii) financial institutions may make changes to their websites, with or without notice to us, that may affect overall performance of the QB Online Service and prevent or delay aggregation of information from such websites, and (iii) the QB Online Service "refreshes" the QuickBooks Account Data by collecting the FI Account Data automatically or manually (depending on your financial institution or any changes by you that may require an update), so your most recent transactions may not always be reflected in any account balances or other account information presented to you in the QB Online Service. If you see a discrepancy in QuickBooks Account Data, and in any case before making any transactions or decisions based on such account information presented in the QB Online Service, you should check the last refresh date for the account and confirm the Account Data and manually update such data as necessary

5. QB ONLINE SERVICE USE, STORAGE AND ACCESS. Intuit shall have the right, in its sole discretion and with reasonable notice posted on the QB Online Service site and/or sent to you at the Current Administrator’s email address provided in the Registration Data, to revise, update, or otherwise modify the QB Online Service and establish or change limits concerning use of the QB Online Service, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the QB Online Service at any time, and (ii) the number of times (and the maximum duration for which) you may access the QB Online Service in a given period of time. Intuit reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the QB Online Service to which such changes relate. Your continued use of the QB Online Service will constitute your acceptance of and agreement to such changes. Intuit may, from time to time, perform maintenance upon the QB Online Service resulting in interrupted service, delays or errors in the QB Online Service. Intuit will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.

6. QB ONLINE MOBILE OPTION. Mobile access to the QB Online Service may not be available for all mobile devices or telecommunication providers. You will need to check the Services website to ensure your mobile device and telecommunications provider is compatible with the QB Online Service. Intuit is not obligated to provide a compatible version of the Services for all mobile devices or telecommunication providers, which are subject to change by Intuit at any time with reasonable notice to you. Your access to the Services via a mobile device is also subject to the following: (i) telecommunications provider’s rates and fees, which are your sole responsibility; and (ii) the terms of your agreement with your mobile device and your telecommunications provider.

IN ADDITION TO ALL DISCLAIMERS OF WARRANTIES SET FORTH IN THE AGREMENT, INTUIT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

(i) THE OPERATION, FUNCTIONALITY, OR AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION;

(ii) ANY LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND

(iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES, TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR PERSONALIsATION SETTINGS IN CONNECTION WITH YOUR USE OF THE SERVICES.

July 7, 2011