Conditions

Accounting Conditions | GAAP Accounting | Best Accounting Software
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Introduction

Soft drive Technology created by the BFIN group with offices in Europe, British Commonwealth and Asia is a cloud platform with accounting, payroll, office software and utilities for individuals, SME and MLE businesses.

SME: including independents, sole traders, micro business, freelancers, and any small to medium business. MLE: including larger medium business, large business, corporations, groupes, and public companies.

The BFIN Head Office (HQ) is in France – BFIN SASU 8 Rue Dublin, 34200 Sète, France: Registration Number 535217731 RCS Montpellier: with Sales, support / technology offices in the UK, Asia and rapidly expanding throughout the world.

Note the BFIN Group does not outsource any technology development.

Softdrive principal clients are both the direct business user and professionals providing a dedicated named service to their defined market and clients.

Softdrive sofware products are:

  • General Ledger Accounting. (Full accounting software)
  • Invoicing software (dedicated software module)
  • Cash management and Budget software (dedicated software module)
  • Payroll Software
  • Payroll HR management
  • IFRS & IAS integrated software
  • Project Jobbing Management
  • Property Management
  • POS

Note on Services provided directly to clients by the soft drive reseller / professional members: clients must inform themselves of the professional members conditions, insurance responsibility and service details. Soft drive provides no accounting service, it is a platform for business users and professionals, with cost effective accounting and related software that is passed on to the end user directly by SoftDrive or by a reseller or professional accountant.

Softdrive support includes software updates and continued technical support. This is a free service and relates to the software’s technical aspects, its dedicated functionality. BFIN will also provide regulated compliance support by replying to direct email questions.

Users may require their own support from a proximate accountant or reseller. The softdrive software is GL based and any reputable accountant should understand its functions.

These terms apply to our software users: small, medium and large business client (termed as the end users). It also applies to resellers (resellers must also refer to specific resellers conditions for white label partners and softdrive distributors). Clients accept our conditions on subscribing to our cloud software via the web, or applications for IOS and Android. Our conditions may be updated from time to time so it is important you review them regularly.  

A. Online accounting software & payroll

B. Online accounting services

C. Payroll service

D. Company tax, sales tax, payroll returns

E. The client’s responsibilities and multi access responsabilities

F. Money laundering

G. Accounting subscriptions / accounts

H. Termination of service

I. Cancellation of service by client

J. Your monthly subscription & payment

K. Limitation of liability

L. Ownership, backup & retention of records

M. Disclaimer

N. Third parties

O. The availability of the BFIN service

P. Privacy policy, security & our conditions & applicable law

 A. Online accounting software & online payroll

Softdrive software and support facilitates, ” Do it yourself bookkeeping, accounting, payroll and office utilities such as softdrive write, notepad, and related cloud services for the end user”. Clients seeking an accounting or payroll service should subscribe directly to the softdrive product and outsource the service required to a reputable professional close to you (you may grant your accountant access and view the work instantly). Softdrive itself will assist end users on the functionality and the processing of accounts and payroll to facilitate  the task within regulated compliance procedures.

Users should refer to the starter packs on offer and start with a pack that suits their busness requirements. Upgrading is instant and all data is maintained in the upgrade. Simultaeoulsy users can down grade to a lessor version and maintain all their data.

On demand softdrive will assist with your technical accounting issues (free), made accounting adjustments to your accounting transaction entered (fee), thus correcting the accounting entry (fee), advising you (free) via telephone, email, and Skype. Users should refer to the support page for support details and times.

B. Online accounting services

It is suggested that users subscribe to their own softdrive software and out-source the service they require. On demand softdrive will assist with your technical accounting issues (free), made accounting adjustments to your accounting transaction entered (fee), thus correcting the accounting entry (fee), advising you (free) via telephone, email, and Skype. Users should refer to the support page for support details and times.

C. Payroll service

Subscribe to the softdrive payroll software and outsource the service required or follow a training program with softdrive. On demand softdrive will assist with your technical accounting issues (free), make processing data  adjustments to your payroll processing to create payslips (fee), thus correcting the entry on your software and redo the payslips (fee) to show you the way. Advising you (free) via telephone, email, and Skype. Users should refer to the support page for support details and times.

D. Company tax, sales tax, payroll returns

Calculation of company corporation and sales tax return.

Generally this is done automatically on the software. To complete a Return using your local government format (this form is dedictated by your local tax office). Send us the format and we will include it as a report in your GL accounting + software. This will automise the reporting and to update the changes made by your government, just send us the new form when it is available (free) and we will update the report on your software.

E. The client’s responsibilities

We provide the accounting software in cloud. Although we back up the data, you are responsible for ensuring that the company maintains its proper backups, download it onto your computer and ensure for your security proper accounting records are stored and kept in accordance with your country regulations.

User access : in order to access the service, the client will be issued a username and password. The client is responsible for ensuring the security and proper use of all ID’s and passwords issued in connection with the service.

Use of software or support service : the software and support service is provided to the SME and MLE client and the client shall not share or resell or attempt to resell the software and support service without a partner licence. Doing this, you require to be a professional member on the softdrive platform. If you choose to give access to a third party to your account then you do so at your own risk and soft drive shall not be responsible for any resulting issues.

Multi access: you may grant access to your external accountant so they can perform their services directly onto your software. Note that multi access allows you to select the access level. These levels will specify the task to peform by those you giving access too. Granting acces and withdrawing it or changing a members access level is immediate. All access memebers can enter the software at anytime from any devis. All processing is immediate and viewed by all instantly, and it is editable by another member immediately. Softdrive is not responsable for your software security and for those you granting access to. This is your responsability.

F. Money laundering

According to compliance regulations we need to inform you that our software complies with all regulations and that its use by clients must be done so within their country regulations and should comply with GAAP standards, and the onerous duties imposed by the Terrorism Act 2000, the Proceeds of Crime Act 2002, the Fraud Act 2006 and the Money Laundering Regulations 2007 (the “Anti Money Laundering Legislation”), which are intended to inhibit the activities of terrorists and other criminals by denying them access to technical experts. If we fail to perform and respect these regulations and duties, ourselves and clients may risk imprisonment.

Before you use our software and any associated services, we or our professional accounting members need to obtain “satisfactory evidence” to confirm your identity. In certain circumstance, we may need to obtain evidence confirming the identities of third parties, the source of any funds or other property, the purpose of any instructions or any other matter. We may also need to obtain further evidence after we have begun to act on your instructions and the evidence may include searching by electronic means.

We assume that our clients are honest and law abiding. However, if at any time, there appear to be grounds to suspect (even if we do not actually suspect) that your instructions relate to “criminal property”, we are obliged to make a report to the Serious Organised Crime Agency (“SOCA”) but we are prohibited from telling you that we have done so.

In such circumstances, we must not act on your instructions without consent from SOCA. If SOCA do not refuse consent within 7 working days we may continue to act. If SOCA issue a refusal within that time, we must not act for a further 31 days from the date of the refusal.

“Criminal property” is property in any legal from, whether money, real property, rights or any benefit derived from criminal activity. it does not matter who carried out the criminal activity or how removed the property is from the original crime. Even if you are honest in your dealings, if your property represents a benefit from someone else’s crime, we must still make a report.

Activity is considered “criminal” if it is a crime under European Law, no matter how trivial, and whether carried out in Europe or abroad. For example, tax evasion is a criminal offence but an honest mistake is not an offence.

G. Accounting subscriptions / accounts

We reserve the right, at our discretion, not to accept an application to use soft drive by BFIN group online accounting accounting software. This may be because the client has not paid their subscription; we refuse the work / access due to circumstances; or we have been unable to confirm the company registration number or identity of the director/owner of the business or any other reason ( as emails and other info is required to function your software). Note that individuals may subscribe to use the software on condition they provide their names, address, email, mobile number at least and pay the subscription. We are not accounting or government regulators and do not have the authority to access and control your account. We provide the software and ensure it performance once the clients details are provided.

No charge is made when accounts are archived, as unpaid accounts will facilitate the account being archived. To activate the account the fee is 5€ for end user clients. We do not supprime data and software, we will archive it and this allows clients to recuperate their software and data at any time. After one year the fee for activating accounts will be 75€ per year achived.

Officially accounts are accepted on payment, thereafter clients must provide the information for your online accounting software to be activated. And doing so, the client accepts our legally binding contract as per the conditions stated here.

The agreement will be subject to International commercial law and the provisions of these terms and conditions shall govern our agreement with you.

H. Termination of service

Soft drive – BFIN group reserve the right to terminate the service of the client who does not pay their monthly subscription on time and commits a breach of these terms and conditions, for any other reason. Any termination will be sent in writing via email to the client giving one month’s notice and no refund will be payable by us for any payments made or documents and data blocked until payment is received.

If after, one month’s notice the issue has not been resolved, BFIN will take action to terminate all activities involving the service and disengage ourselves as your online accounting software provider.

I. Cancellation of service by client

Clients may cancel their online accounting software any time, and must ensure they back up their data. soft drive is not responsible to keep their data on file, once the account is closed..

If the client is closing business then contact us for an arrangement to cancel the online accounting software contract and save your data for the required period according to compliance regulations in your country.

No further payment will be taken from the client unless it is too late to stop the direct debit and no refund will be given from fees already charged. Following cancellation of the service, soft drive – BFIN group will have no further responsibilities in relation to the keeping of data and providing the cloud accounting software access to the clients dedicated secured account. Unless the client has entered into a paid agreement service for storage as per the regulated time period.

If you cancel the account for any reason during the year and require us to provide you a copy of the data, we have the right to charge for this service. All clients musts back their data up on cancelling their account.

J. Your monthly subscription and payment

The monthly subscription fees, as set out on our website, shall be paid by the client monthly in advance. Prices on our website are quoted in local currency or UK pounds sterling, dollars, and euros and are exclusive of VAT which is payable on top when applicable. All monthly subscription must be made by bank transfer on due date, or direct debit, or PayPal on site and no payment shall be deemed to have been received until BFIN group has received cleared funds.

BFIN has the right to tax Late payments with a monthly late interest charge of 2% per month and the account suspended on non-payments monthly after 30 days of the payment being due. Accounts will be reactivated on payment of the outstanding amount only. Which will include the interest charged. The clients data will be stored for three months before being moved to archives, where it will remain for 9 months collection, failing so the data will be sent to achive data base definetly and a fee will be charged for reactivation.

The client shall make all payments due under this agreement in full without any deduction whether by way of set-off, counter claim, discount, abatement or otherwise unless the client has a valid court order requiring an amount equal to such deduction to be paid by BFIN to the client. If the client is making a more than one month payment, or quarterly, six monthly & annual payment for the service then the full advanced payment is payable up front on commencement of the service and no refund is available if the account is cancelled before the end of the year.

If additional work is completed that is not part of the BFIN plans, then BFIN will notify the approx. Prior to starting and once agreed. Cost initially and all payments will be due immediately on invoice.

If our fees become overdue then we reserve the right to suspend the service until the full balance is paid. We reserve the right to terminate the account on non-payment. Once the subscription becomes overdue BFIN will not be help responsible for any current or future submission and any late penalties applied for accounting or other late submissions to the your regulator.

K. Limitation of liability

BFIN will not be responsible for any interest, penalties, losses or additional tax liabilities that arise due to any omissions of any persons connected to the client or any incomplete, misleading, false or any other information that results in any additional monies being paid.

BFIN will not be responsible or liable for any loss, damage or expense incurred if information relating to the financial affairs of the client are withheld, concealed or omitted from us during the course of our service. This applies to all parties, including third parties, connected in any way to the client.

BFIN cannot and does not guarantee or warrant that the software comprising the service will be error free, free from infection, viruses and / or code that has contaminating or destructive properties. Although we take all the precautions and back up our data we need our clients to be vigilant and report any matter that may do dammage to our service.

BFIN will not be liable to you for nay delay or failure to perform it’s obligations if the delay or failure is caused by circumstances outside their control.

L. Ownership, backup and retention of records

During the course of our work we may collect certain documents and other information relevant to your accounting, company registration and tax affairs. Upon termination of the service we will return any original document back to you if requested. Furthermore, unless you tell us not to, we intend to destroy correspondence and other papers that we store that are more than seven years old, other than documents which we think may be of continuing significance. All online records will be kept for existing clients subscribing monthly. Clients that have terminated their contract, must subscribe to our online storage plan for us to keep their records and documents for their country’s compliance period or our seven years period. Thereafter all records are destroyed.

Ownership of accounting entries and work is that of the client and may be retrieved anytime on condition payments are up-to-date.

Backups, of the client’s online accounting software, must be backed up daily by the client. BFIN does backups, but is under no obligation to do so. You can contract BFIN to do this. For all other services BFIN makes backups every time a session of work is completed.

M. Disclaimer

We will not be liable for any loss suffered by you or any third party as a result of our compliance with the Anti Money Laundering Legislation or any UK law.

N. Third parties

All accounts, statements, reports and advice prepared or given by our expert members are for your exclusive use within your business or to meet specific statutory responsibilities. They should not be shown to any other party without our prior consent. No third party shall acquire any rights to our agreement to provide professional services.

O. The availability of the BFIN service

BFIN will try to make the service available at all times but cannot guarantee that the service will operate continuously or without interruption or be error free and accept no liability for it’s unavailability due to circumstances beyond our control.

BFIN may, for operation reasons change the technical specification of the service or temporarily suspend the service for operational reasons such as repair, maintenance or improvement.

P. Privacy policy, security & our conditions and applicable law

We do not give, ever, your information to anyone, ever. All  your data, and online software data is for your use and in total security & privacy.

We use your details to list you as a client and to interact with you by, newsletter, updates, invoicing only. We will probably ask you to send us proof of ID, registration & address to protect you and your data, as access changes asked for require a security check. If we do please be patient as this is for your own protection.
You must protect your access code to your software and make your staff sign a confidentiality disclosure regulation agreement. We do not view your code and are unable to send it if you phone. You need to use the lost password system.
Our conditions are binding for clients, using our software and accounting services universally within your country. Using our software for companies in your country is accepted standard as bookkeeping, invoicing and general accounting procedures are universal, to be precise with your reporting in your country check on your accounting regulations, and if you require some info email us immediately and we will reply within 72 hours with the information you require. Just remember accounting is a universal standardized procedure from way back, but do not forget to ask for your country regulation updates as they can change each year. Note, accounting procedures are the same but regulations may differ. So ask us for information as we do not provide each regulation detailed per country on our web site, instead we will reply to your questions with references.
Therefore these terms and conditions are governed by, and construed in accordance with International law universally. The courts of the pertaining country will have exclusive jurisdiction in relation to any claim, dispute or difference concerning these terms and conditions and any matters arising from it.