CONDITIONS OF USE
This notice includes legal announcements regarding trademarks and copyrights, as well as the license agreement for the Bankeo platform and services.
Trademark information
Bankeo is a trademark of Canada. All other product names, trademarks, service marks or registered trademarks, symbols, trade names or logos reproduced on or in this product are the property of their respective owners.
Copyright information
The products, software, services, web content and any related materials (collectively, the "Offerings") are the property of Bankeo and all rights in such Offerings are reserved by Bankeo.
WHEREAS Bankeo is a SaaS service that connects businesses, self-employed workers and individuals who are looking for accounting specialists tailored to their needs. These specialists offer various types of services at their discretion, including but not limited to: accounting services, bookkeeping management, taxation, audits, taxes, customer follow-up, invoicing, supplier management, payroll and time management.
WHEREAS Bankeo acts as a relationship organizer for its customers and can in no way be considered as a company offering accounting services.
WHEREAS the User wishes to retain the services of Bankeo for the performance of the Services and the use of the platform;
WHEREAS Bankeo agrees to provide the Services to the User under the terms and conditions set forth in this Service Agreement ("Agreement");
IN CONSEQUENCE OF THE FOREGOING, the Parties agree as follows:
General
This website is made available to you, and its use is subject to the terms of use set forth in this document (the "Terms of Use"). By accessing this Site, you agree to be bound by the Terms of Use, guidelines and rules set forth in this agreement. If you do not wish to accept these conditions, please do not use this Site.
This Agreement sets forth the terms and conditions applicable to the use of this Site by any User. By using this Site, you agree to comply with all of the above terms and conditions. The right to use this Site is personal to each user and is not transferable to any other person or entity. All users are responsible for protecting the confidentiality of the personal information they provide to the site. All Users acknowledge that, although the Internet is often a secure environment, there are sometimes service interruptions or events that are beyond the control of BANKEO and that BANKEO is not responsible for data lost during the transmission of information over the Internet. Although BANKEO's goal is to make the Site available 24 hours a day, seven days a week, the Site may be unavailable from time to time for any reason, including but not limited to routine maintenance. You understand and acknowledge that, due to circumstances both within and beyond the control of BANKEO, access to the Site may be interrupted, suspended or terminated from time to time.
BANKEO has the right at any time to modify or discontinue any aspect or feature of the Site, including but not limited to content, hours of availability and equipment needed for access or use. In addition, BANKEO may interrupt the distribution of any part of the data.
You represent that you are of legal age to form a binding contract. You must be at least 18 years of age to use the Site. However, if you are at least 13, but not yet 18, you may use the Site with your parent or guardian who agrees to this Agreement. This Site is not intended for use by persons under 13 years of age.
Changes to conditions
BANKEO reserves the right at any time to discontinue or modify its Terms of Use and/or Privacy Policy as it deems necessary or desirable. If BANKEO makes significant changes, we will inform you by posting a notice of changes on the Site. Any changes to these conditions will take effect immediately for existing users, new users and any subsequent requests for services. We therefore suggest that you review this important notice, which includes our Terms of Use and Privacy Policy, from time to time to ensure that you are aware of any such changes. Any use of the site by any user after such notice shall constitute such user's acceptance of such modifications.
Conduct of site users
This Site and any individual or accounting-specific sites currently or hereafter located on our Site (the "Microsites") or available through external hyperlinks are privately owned. All interactions on this Site and/or the Microsites must comply with these Terms of Use. While we welcome and encourage user interaction on our Site, we require and insist that all users restrict any activity in connection with the use of this Site and the Microsites to lawful and legitimate purposes only.
No user shall post or transmit through this Site any material that violates or infringes in any way upon the rights of others or any material that is unlawful, threatening, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or that, without the prior written consent of BANKEO, contains an advertisement or solicitation for products or services. Any conduct by a User that, at BANKEO's sole discretion, restricts or inhibits any other User from using or visiting this Site and/or the Microsites is strictly prohibited. All Users shall not use this Site or any of the Microsites to advertise or make commercial, religious, political or non-commercial solicitations, including but not limited to soliciting users of this Site and/or the Microsites to become users of online or offline services that are directly or indirectly in competition or potentially in competition with BANKEO.
Warranty waiver
All users agree that use of this site and its microsites is at their sole risk. Neither BANKEO, its affiliates nor any of their respective employees, agents, merchants, third-party content accountants or licensors, nor any of their respective officers, directors, employees or agents warrants that the use of this site or any microsite will be uninterrupted or error-free; nor do they make any warranty as to (i) the results that may be obtained from the use of this site or any microsite or (ii) the accuracy, reliability or content of the information or services provided on this site or microsites.
This site and the microsites are provided on an "as is" and "as available" basis. BANKEO disclaims all representations, warranties and conditions, express or implied, including, but not limited to, those of title, non-infringement, merchantability and fitness for a particular purpose.
Limitation of liability
In no event shall BANKEO be liable for any indirect, incidental, special or punitive damages arising out of or in connection with this Agreement. In no event shall BANKEO's liability with respect to a request to offer services exceed the amounts paid by any user to BANKEO for the user's request for services and the aggregate liability arising from or related to such request to offer services shall not exceed the amounts paid by any user to BANKEO during the six months preceding the filing of any claim.
In no event shall BANKEO be liable for any indirect, incidental, special or punitive damages arising out of or in connection with services provided by an accounting specialist who is part of BANKEO's network of accounting specialists. Although we rigorously verify the professional credentials and qualifications of all our accounting specialists in our network, we make no representations or warranties with respect to the qualifications or quality of service of any accounting specialist in our network that you engage as a result of a request for services. It is entirely the responsibility of the user and the accounting specialist from our network whom the user chooses to execute a service request, to draw up a service contract or to agree on the terms and conditions for carrying out the work. Under no circumstances do we guarantee the performance of the accounting specialist in our network chosen by the user, nor the quality and final result of the work required in accordance with the service offer.
Monitoring and quality control
If you contact our customer service department or a member of our team by telephone, or vice versa, the call may be recorded for the purposes of improving or monitoring the quality of our services.
BANKEO has the right, but not the obligation, to monitor the content of the Site and all Microsites at any time in order to determine compliance with this Agreement and all rules of use established by BANKEO, as well as to satisfy any law, regulation or authorized government request.
Licensing
By posting communications on or through this Site or any Microsite, any user grants BANKEO a royalty-free, perpetual, irrevocable and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication, alone or as part of other works in any form, media or technology now known or later developed, without territorial or time limitation and to assign such rights to multiple tiers of licensees.
Compensation/Discharge
All Users agree to defend, indemnify and hold harmless BANKEO, its affiliates and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, resulting from or related to services provided by an accounting specialist in the BANKEO network following a request for a service offer on the Site by any User in connection with the Site or the Microsites.
All Users are solely responsible for their interactions with the Accounting Specialists in the BANKEO network. To the extent permitted by applicable laws, all users hereby release BANKEO from any claim or liability related to any product or service of an accounting specialist, any action or inaction of an accounting specialist in the BANKEO network, including failure to comply with applicable legislation and/or failure to comply with the terms of an offer of services.
Names and information
All rights to the BANKEO name are expressly reserved by BANKEO TECHNOLOGIES Unless otherwise indicated, all other names appearing on BANKEO are the property of their respective owners.
All content and information posted on the BANKEO Internet site, including, but not limited to, the profiles of accounting specialists, information relating to their selection and their evaluations and comments (including evaluations that any user has made of our professionals or any other content posted on the site by a user) is the exclusive property of BANKEO.
All users undertake not to reproduce, publish or use in any way whatsoever their content in any way other than for your personal use in connection with your request for a service offer. In addition, all users acknowledge that failure to comply with the foregoing may cause significant damage and, if such is the case, all users agree to be held liable and to compensate BANKEO for any loss and/or damage that BANKEO may incur.
Permission to use documents (such as press releases, data sheets, content, information items and frequently asked questions) from the BANKEO site is granted to any user but only on condition that (1) the copyright symbol and this notice appear on all copies, (2) documents from the BANKEO site are strictly for informational and personal use and not for commercial use and their content is not copied or shared on other network computers or broadcast in the media, and (3) no modifications are made to the documents.
Distribution of any documents on this site requires the express written permission of BANKEO. BANKEO or the accounting specialists make no representation as to the accuracy or reliability of the information contained in the documents and graphics to which they are linked, and published on this website. All documents and related graphics are provided "as is" without warranty of any kind. Documents and related graphics published on the BANKEO website may contain technical inaccuracies or typographical errors. Changes are periodically made to the information herein. BANKEO or its accounting specialists may make improvements or changes to the products or services described above at any time.
Third-party content
BANKEO contains links to third-party sites managed by accounting specialists or other content. These links are provided solely as a convenience to you and not as an endorsement by BANKEO of the content of such third-party sites, and BANKEO disclaims all warranties regarding the content or accuracy of material on such third-party sites. If any user decides to access third-party sites, any user does so at his or her own risk. Unless you have signed a written contract with BANKEO expressly allowing you to do so, you may not provide a hypertext link to the Site or Microsites from other websites. BANKEO reserves the right to revoke its consent to any link at any time and at its sole discretion.
Respect - professionalism - compliance
BANKEO provides an environment where everyone must demonstrate professionalism and respect for its users, employees, partners and brand at all times. Here is a list of unacceptable behaviours such as, but not limited to: not following up on an opportunity received, excessive delays in handling an opportunity received, complaints from one or more customers or employees referring to poor quality of service or causing harm to the financial health of the complainant(s), verbal abuse, defamation.
Violation of these rules of conduct may result in discretionary sanctions such as, but not limited to: warnings, matching score penalty, suspension of services, termination of business relationship, legal action.
If, in the course of using our services, you experience any form of potential dissatisfaction or persecution, please contact us so that a member of our team can assess the situation and assist you in resolving it to the best of his or her ability.
Miscellaneous
This Agreement, including the Conditions of Sale set forth below (which are incorporated into this Agreement) and the BANKEO operating rules established by BANKEO constitute the entire agreement between the parties with respect to the matters addressed herein. If a party waives any breach or default hereunder, this shall not constitute a waiver of any prior or subsequent breach or default. The section headings used herein are for convenience only and have no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of the remaining provisions contained herein, and the remaining portions of this Agreement shall remain in full force and effect. The failure of either party to exercise its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights hereunder.
Mediation and Arbitration
By using this Site, any user agrees that: (1) any claim, dispute or controversy that any user may have against BANKEO arising out of, relating to or in any way connected with this Agreement, this Site or any Microsite or the request to offer services shall be settled exclusively in the following manner:
1) by mediation; and failing agreement;
2) the parties agree that any disputed claim arising hereunder or any dispute concerning the performance or interpretation thereof, excluding a claim qualifying as a "small claim" under the Code of Civil Procedure of Quebec (hereinafter referred to as "Dispute"), may, at the option of the party having a Dispute to assert and without possibility of contest for the other party, be submitted to arbitration, to the exclusion of the courts of general jurisdiction, in accordance with the following procedure. The hearing of the parties to the dispute must take place within sixty (60) days of receipt of the notice of arbitration, at a location within the judicial district of Quebec City. The arbitrator's decision shall be rendered in writing and communicated to the parties no later than twenty (20) days after the parties' hearing. Any decision so rendered shall be final and without appeal and, upon homologation by the court, enforceable against the parties hereto. The costs of arbitration shall be borne entirely by the unsuccessful party unless the arbitrator decides otherwise. The parties hereto agree that the provisions currently in force of articles 940 to 947.4 of the Code of Civil Procedure of Quebec shall govern as suppletive provisions any arbitration to be held pursuant to the provisions of this section. In the event of contradiction between any of the provisions of the present section and the above-mentioned provisions of the Code of Civil Procedure of Québec, the provisions of the present section shall prevail. For the purposes of any arbitration in accordance with the present section, the sole arbitrator shall have all the powers of a court of general jurisdiction, except those powers exclusively reserved to such a court, including the powers provided for in section 241 of the Canada Business Corporations Act, regardless of whether the legal person in question is under federal or provincial jurisdiction.
General provisions
The obligations, covenants, acknowledgements and agreements set forth in this Agreement shall remain in full force and effect notwithstanding the termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein. The parties hereby irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec and elect domicile in the City of Quebec with respect to any dispute arising out of or in connection with this Agreement.
Each provision of this Agreement is severable and a declaration by a court of competent jurisdiction that any provision or part thereof is void or unenforceable shall not affect the validity or enforceability of any other provision of this Agreement, subject to the provisions of Article 1438 of the Civil Code of Québec .
CONDITIONS OF SALE
SERVICE OFFER
Once you have completed your personal information form and your request, in which you specify the services you require, we will transfer this information to qualified accounting specialists in your area, who specialize in the type of work you wish to have done within the province of Quebec. Interested accounting specialists, if any, will contact you directly with a quote.
However, we cannot guarantee that we will find an accounting specialist to carry out the activities you are considering, or that accounting specialists will serve your area.
BANKEO does not recommend or prefer the services of any particular accounting specialist. We seek only to offer you a range of accounting services to meet your needs. BANKEO is not a representative of these professionals.
INFORMATION DISCLOSED WHEN REQUESTING SERVICES
By using BANKEO's services, the user must disclose certain personal information as well as information concerning his or her needs when requesting an accounting services offer. Some of this information will be sent to professionals, who will use it to contact the user and offer a price, or to any other person or group connected with BANKEO in order to follow up on the service request. By sending us this information and the service offer request, all users formally consent to being contacted by BANKEO or by the accounting specialists in our network, by telephone, fax, e-mail, mail or any other reasonable means of communication at the numbers and address provided by the user in the service offer request. This will allow us to provide better follow-up on the services we offer on our Site, address any issues related to your account or any other reasonable matter related to your service request.
If the information submitted by any User, in whole or in part, is inaccurate, out-of-date, false or incomplete, or if BANKEO has reasonable grounds to believe that said information is inaccurate, out-of-date, false or incomplete, BANKEO reserves the right not to respond to any request to offer services and to refuse access, present or future, to the Site to any User as well as to its services or to any part of its services following such a request to offer services by any User. All Users are responsible for any use of BANKEO's online services that they or any person accessing their account, whether intentionally or not.
PERSONAL USE BY ANY USER
All users acknowledge and accept that the services offered by BANKEO are exclusively intended for your personal use and that you may not reuse them for any other commercial purpose.
REVOCATION SITE ACCESS
BANKEO reserves the exclusive right to revoke any user's access to the BANKEO Internet site and its services at any time. All information concerning the accounting specialists who are members of our network is confidential and intended solely for personal use by any user. BANKEO reserves the exclusive right to deny any user access to its site without prior notice.
MISINFORMATION
Any user sending false information, including, but not limited to, name, telephone number, address and e-mail address, which causes losses and/or damage to BANKEO, the accounting specialists in its network and any other user, shall be subject to recourse by BANKEO for damages.
SELECTION CRITERIA FOR ACCOUNTING SPECIALISTS
BANKEO uses the following selection criteria when new accounting specialists wish to become members of the BANKEO network:
Information for accounting specialists
BANKEO assumes no responsibility for updating the profiles of the accounting specialists in its network. BANKEO endeavors to keep the information of accounting specialists on its site up to date in response to requests for information, and to modify it when necessary. BANKEO suggests that all Users verify the information of an accounting specialist selected and indicated on the Site before signing any service contract following a request to offer services in accordance with the terms and conditions herein. BANKEO disclaims all liability and makes no warranties with respect to the selection process, the selection criteria, the information obtained or presented during the selection process or the disclosure of such information. BANKEO is also not responsible for ensuring that the selection and verification process is sufficient or that the information received during the selection and verification process is accurate, up-to-date and error-free.
TERMS AND CONDITIONS SPECIFIC TO ACCOUNTING SPECIALISTS
BANKEO (hereinafter "we" or "us") is a SaaS offering services to connect businesses, self-employed individuals, individuals with accounting specialists tailored to their needs. More specifically, we generate lead opportunities that we refer to a limited number of trusted accounting specialists ("your, your, you") in our network.
Pricing
Our model runs as follows and may be subject to change:
Prices are available at all times in the "Subscription" section of each user account.
The display of packages and rates in the "Subscription" section is the offer made to users, which each accepts by subscribing.
Rates, packages, offers and promotions are subject to change over time at BANKEO's sole discretion. It is the responsibility of each user to take cognizance of the communications that BANKEO may send from time to time to inform its clientele of said changes.
Duration and cancellation
Our goal is to build a win-win relationship, so there's no long-term commitment. At any time, if you feel that our services are not providing you with the expected benefits, or for whatever reason, the "Free" pricing option is available to you. Should you wish to close your account permanently, please contact us and our team will assist you accordingly; provided you have paid all balances due to BANKEO.
Trial period
The user benefiting from a trial period accepts to be registered on a paying package by default, without however beginning its invoicing cycle and this for the period of exemption from payment determined according to the promotion in force at the time of its adhesion.
If you signed up for a trial period when you registered, you are entirely responsible for checking the duration of your trial period and unsubscribing accordingly if you do not wish to continue beyond the trial period. The "Free" pricing option is available at all times.
BANKEO may, but is not obligated to, send notices indicating certain residual thresholds of said trial period to its users. The User understands and accepts that such notices are for information purposes only and in no way constitute an acceptance of responsibility on the part of BANKEO.
Refund
BANKEO does not offer refunds for any purchases made for its services. Furthermore, it is the sole responsibility of each user to be aware of his or her billing cycle and to unsubscribe accordingly if the user is subscribed to a recurring package. If you believe beyond any doubt that your situation is exceptional and requires a refund, it is always possible to contact us to request an evaluation; without guarantee, the final decision will be at BANKEO's discretion.
Credit
If you are granted credit during your experience with us, please note that it will be available for application to BANKEO services via the payment platform used by BANKEO and through your user account.
Method of payment
Here are the different ways to pay your account:
By credit card;
Service operation
We determine whether the opportunity matches your selection criteria, based on the specifics of your entrepreneurial profile on the BANKEO platform;
Each opportunity is referred to up to 3 accounting specialists;
Opportunities are referred in order of priority. Priority is determined by a matching score obtained associated with each accounting specialist individually. The matching score is determined by variables and parameters via BANKEO's proprietary algorithm;
Your score is for internal use only, and serves as an indicator of the accuracy of the relationship between you and the persona seeking to contact you.
When you are selected for a specific opportunity, we send you an informative e-mail so that you can find out about it via the BANKEO platform.
It is your responsibility to log on to the platform and complete the matching process with the persona referred to you, using the method(s) of your choice;
We follow up with our customers throughout the process to ensure that they are satisfied with the matchmaking process.
Your responsibilities
Our business model is based on a select network of quality accounting specialists for each type of business and region. Our goal is to build win-win partnerships. The relationship opportunities offered by our services are Bankeo's trademark. Although you are not a direct representative of Bankeo, you must demonstrate professionalism and provide quality services at all times to our partners. Failure to do so may result in the revocation of your right to do business with us at our discretion and without prior notice.
So you accept:
To comply at all times with all articles in this Agreement as well as with the Privacy Policies available at all times on our website.
Last updated on June 27, 2023
