SERVICES

• Upon acceptance and approval of the Service Agreement (“Agreement”) as found in your setup package and signed by you, DreamsWiz Innovations Inc (“Bowiz”) agrees to make efforts to provide the services you have selected, and you agree to use those services, in accordance with these terms and conditions of this Service Agreement.
• Upon your singing up and paying the non-refundable $199 setup fee, Bowiz agrees to provide bookkeeping services to you as mentioned on its website www.bowiz.com. The books would be maintained on the basis of the package selected, be it Monthly, Weekly, Daily or Custom package. The delivery of the said service would depend on the following:
• Every month, you agree to send Bowiz your monthly statements (bank, credit card etc.) through email/fax/mail. For Weekly or Daily packages: You agree to send in your invoices, bills, receipts and payments information on a weekly/daily basis.  Upon receipt of all the required data from you,  Bowiz will process the data and provide you with the financial reports as mentioned on the website.  Bowiz offers no guarantees or warranties that the said work would be done within the time frame mentioned on the website, though Bowiz commits to making every effort to providing you with the financial reports within the said time frame of 10 business days for monthly reports, 3 business days for weekly reports and 2 business days for daily reports. 

BILLING AND PAYMENT.

• As mentioned in the setup package, you agree to provide Bowiz with a valid Credit Card (Only MasterCard, Visa, American Express and Discover are accepted). Your credit card would be charged the monthly recurring charges, upon completion of the work and after the reports have been mailed to you every month. The monthly charges would depend on the price of the package chosen plus any additional transactions that were posted over the allotted monthly quota.

• The monthly charges are as follows:
• Monthly Package: $ 99 / per month ( Includes 50 transactions)
• Weekly Package: $ 249 / per month ( Includes 100 transactions)
• Daily Package: $ 496 / per month (Includes 200 transactions)

• Note: Each additional transaction is charged at the rate of 99 cents per transaction for all the above mentioned packages. If you have chosen to have a custom package, then the prices would be quoted to you separately.
• The above charges would be made to your credit card upon completion of the work and after the reports have been emailed to you.  The reports would also include the details of the invoice amount along with the transaction details based on which you’ve been charged.
• You are responsible for payment of all charges for any services performed on your behalf by Bowiz. All payments made to Bowiz are nonrefundable.  If your invoice is not paid before the due date owing to a failure in the credit card acceptance, a late fee in the amount of $ 25 per month will be applied to your account.  

TERM AND TERMINATION.

• This agreement can be terminated at any time by either party with a written notice. Bowiz reserves the right to increase any of its rates or charges at any time by giving a thirty (30) days written notice. If you fail to pay to any bill within ten (10) days of its due date, Bowiz may restrict or terminate its services to you without written notice. You agree to pay a reactivation charge of fifty dollars ($50) for restoration of your service. This would be in addition to the $25 of late charges. You agree to not use the services provided by Bowiz for any unlawful purpose and only use the services in accordance with the terms and conditions of this agreement. Bowiz may immediately restrict or terminate the service without notice for any violation thereof.

DISPUTE RESOLUTION.

• You agree to send Bowiz a written notice of any dispute on your invoice within thirty (30) days after the statement date, or such statement shall be deemed to be correct and payable in full.  You agree to provide detailed information regarding any dispute, and  agree to cooperate with Bowiz in an investigation of disputed matters. If Bowiz initiates legal proceedings to collect any amount due hereunder and Bowiz substantially prevails in such proceedings, then you agree to pay Bowiz's costs and reasonable attorney’s fees in such proceedings and any appeals.  You waive any and all rights  you may have to a jury trial in connection with any proceedings concerning this Agreement.

ARBITRATION

• You agree to submit all manner of disputes, controversies, differences, claims or demands of any kind relating to or arising out of this Agreement to a two-step dispute resolution process. This two-step process shall begin with mediation before a mutually acceptable mediator selected from the Santa Clara County Superior Court’s panel of approved mediators, followed, if necessary, by binding arbitration before an arbitrator selected from the Santa Clara Superior Court’s panel of approved arbitrators. The above provisions dealing with negotiation and mediation shall be deemed arbitration clauses for purposes of enforcement. Any Party to this Agreement may seek to compel the other to comply with these provisions by petition to any court of general jurisdiction. The prevailing Party shall be entitled to an award of attorney’s fees and costs.

LIMITATION OF LIABILITY

• Bowiz does not warrant that the service is error free, or will operate without delays or interruptions. Bowiz is not responsible for transmission errors, corruption of data, or the security of information carried over telecommunication services.
• Bowiz makes no express or implied warranties of any type or description, including any warranties of merchantability and/or fitness for any particular purpose with respect to any of the services to be provided or be results, if any, to be obtained from such services.
• You expressly agree that Bowiz shall not be liable to You for lost profit or other financial loss to You of any type or description including any special, indirect or consequential damages which may be caused directly or indirectly by any time delays, inadequacies of services of Bowiz or any use thereof or by any deficiency or defect therein. You agree that you will, irrespective of any such claim, loss, damage or expense, continue to pay all charges and other sums due Bowiz hereunder until this Agreement is terminated in accordance with these terms.
• Subject to the foregoing limitations, Bowiz will use commercially reasonable efforts to provide the services, and if Bowiz fails to do so, your sole remedy will be, at Bowiz’s sole discretion: (1) The correction of the failure to provide the services , or (2) a refund of the monthly charge of such service for the period pertaining to failure to provide such service.

SOLE AGREEMENT

• This Agreement shall supersede all prior agreements and understandings between You and Bowiz respecting the subject matter of this Agreement, whether oral or in writing. No representations or statements made by You or any representative of Yours or of Bowiz, which are not stated herein, shall be binding. No modification or amendment of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party.

CREDIT CARD AUTHORIZATION:

• All service requests are subject to the approval of Bowiz. You hereby agree to authorize Bowiz to charge your credit card for the monthly charges based on the work completed and as mentioned on the invoice. You also agree that you are responsible for the payment for all charges that survive any termination of this agreement.

FORCE MAJEURE

• It is expressly agreed that Bowiz shall not be liable for any damages or delays or failure to perform under this Agreement caused by acts or conditions beyond its reasonable control or without Bowiz’s fault or negligence. Such acts or causes shall include but not limited to acts of God, failure to act or delays caused by governmental authorities.

CALIFORNIA LAW

• This Agreement is deemed to be made under and shall be construed according to the laws of the State of California