Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
Privacy Policy
Touch Support collects information from you when you send it to us directly by filling out forms on the website, such as the contact form or our Live Chat link. We also collect information from you when you browse our website and use the software defined in the Third Party Data Processors section.
All data described below is processed for the purpose of Touch Support’s legitimate interests to provide customer support, to protect the security of your account, and to provide you with important information and updates.
Information Collected
Touch Support may collect information from you which may be personally identifiable such as personal names, telephone numbers, physical addresses, email addresses, payment information, as well as similar information concerning technical contacts, marketing contacts, and executive contacts within your company or organisation.Touch Support may also collect information from you such as the type of browser you use, your operating system, the screen resolution of your browser, your ISP, your IP address, which pages you view on our websites and the time and duration of your visits to the websites. A part of this information (such as browsing behavior) is collected anonymously using Google Analytics and Google Ad Services in accordance with Google’s privacy policy. You can disable this by using the opt-out facility of Google.
User Communications
If you communicate with us, we collect information relating to that communication whether it takes the form of email, forum posting, testimonials or any other form of communication between you and Touch Support or submitted by you to our team.
Touch Support processes the information visitors provide about themselves for the legal basis of legitimate interest to fulfil those visitors’ requests, provide you with customer and technical support and to communicate with you about your account and our products and services. You may update your personal Information with us or ask for removal (if no longer an active customer), otherwise we may maintain records of personal Information you disclose to us indefinitely.
Touch Support may use collected information to maintain, evaluate, and improve our quality of service.
We do not and will not sell or rent this information to third parties, we may use the details you supply and upload to a third party data processor as defined below.
We may maintain records of User Communications you transmit to us indefinitely.
Cookies are pieces of data stored on your hard drive concerning a current or previous web experience, such as a username/password combination used to gain access to some areas of the website or other services. We may use a cookie to record previously established interests and preferences (via data submitted to us) so as to enhance the experience whilst using our website.
Touch Support uses the following types of cookies:Strictly Necessary: These cookies enable our Website to function correctly and deliver the services and products you have requested.
Performance & Functionality: These cookies are used to enhance the performance and functionality of the Website but are non-essential to their use (for example, these cookies remember your preferences on the Website).
Analytical: These cookies collect information that is used either in aggregate form to help Touch Support understand how the website is being used. In particular Touch Support uses the Google Analytics cookies. If you do not wish to allow the use of Google Analytics cookies at all, Google provides an opt-out plug-in for most common Website browsers – https://tools.google.com/dlpage/gaoptout.
By using our website, you accept the use of at Strictly Necessary and Performance & Functionality cookies in accordance with this Privacy Policy.
You may deactivate cookies in your web browser, or reject the creation of a cookie depending on your personal preferences. If you do so then our website functionality may be compromised and certain services may not be available.
The website services are hosted by iThemes.
Customer data such as personal names, support requests, telephone numbers, phone call recordings, physical addresses, email addresses, and payment information is stored in our GDPR Compliant Billing system hosted within Server Central.
You have the right to ask us not to process your personal data for marketing purposes. We will request consent (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise this right at any time by contacting us via our contact us page.
If you reside in the European Union, you have the right under the General Data Protection Regulation (GDPR) to request a copy for the information that we hold about you. We want to make sure that your personal information is accurate and up to date. You may ask us to correct or remove information that you think is inaccurate. If you would like a copy of some or all of your personal information, please email us. If you do not live in the European Union but you believe you have a right to restriction of processing or a right to object to processing under your local laws, please contact us via our contact page.
We use a number of third parties to process personal data on our behalf, these are:
Atlassian – https://www.atlassian.com/legal/privacy-policy
Some personal data may be stored to aid in the tracking of issues and feature requests.Google – https://www.google.com/intl/en-GB/policies/privacy/
This Website uses Google Analytics to track user interaction. We use this data to determine the number of people using our site, to better understand how they find and use our web pages and to see their journey through the Website.LiveChat Inc. – https://www.livechatinc.com/general-data-protection-regulation/
Live Chat Inc. is used to provide technical support to end users and communicate in real time with our clients.Caldera Forms – https://calderaforms.com/gdpr/
Caldera Forms is a contact form plugin that allows us to directly communicate with our clients.
This Accounting Services Agreement (“Agreement”) is made by and the individual or entity purchasing Products and/or Services from TouchSupport, Inc (“Client”), and TouchSupport, Inc., an Illinois corporation (“Consultant” or “TS”). Client and Consultant are referred to individually as a “Party” and collectively as the “Parties”.
WHEREAS, Client desires to engage Consultant to provide certain accounting services upon the terms and conditions set forth in this Agreement, and Consultant accepts such engagement.
In consideration of the mutual covenants set forth herein, the Parties agree as follows:
Accounting Service Agreement
Consultant shall perform the services (“Services”) set forth in the Statement of Work (“SOW”) attached as Schedule 1. In the event of any conflict between the terms of this Agreement and the terms of any SOW, the terms of this Agreement shall control.
The initial term of this Agreement shall begin on the Effective Date and shall continue in effect for a period of one year from the date of execution. This Agreement shall automatically renew from year-to-year after the Initial Term unless either Party provides the other Party with written notice at least ninety (90) days before the end of the Initial Term or any renewal thereof that the notifying party will terminate this Agreement. (The Initial Term and any renewal thereof are referred to herein as the “Term.”)
Either Party may terminate this Agreement without cause by providing ninety (90) days prior written notice to the other Party.
Upon early termination, Client shall pay Consultant for services performed through the date of termination in accordance with the payment terms provided below in Section 3.
The Parties agree that all pricing for Services is subject to change by the mutual written agreement (including by email) of the Parties. However, no change in pricing shall be deemed valid without the prior written agreement of both Parties (email acceptable).
Consultant shall submit invoices to Client by the 15th calendar day of each month. Client shall pay all invoices as follows:
a. Client shall pay in full all invoices for Services and pre-approved expenses, within forty-five (45) days of receipt from Consultant.
b. All payments by Client under this Agreement shall be made by an ACH transfer or by company check.Consultant shall be responsible for all employment and other taxes incurred by Consultant in connection with its business; provided, however, that Client shall pay all taxes incurred in connection with any Services and equipment provided to Client, including all “cloud” and other taxes imposed on internet-based computing services, if any.
Client shall use the Services provided by Consultant as intended. In addition, Client shall:
a. Notify Consultant promptly of any issues or problems with the Services; and
b. Maintain open communication with Consultant at all times.
Consultant is an independent contractor and this Agreement shall not be construed to create any association, partnership, joint venture, employee, or agency relationship between Consultant and Client for any purpose. Consultant has no authority to bind Client or the facilities Client services and Consultant shall not assume, nor create, any commitment on behalf of Client or the facilities Client services.
Consultant represents and warrants to Client that:
a. Consultant has the full corporate power and authority to enter into this Agreement and to perform Consultant’s obligations under this Agreement;
b. Consultant shall perform the Services in compliance with all applicable federal, state, and local laws and regulations, and Consultant shall maintain all licenses, permits, and authorizations necessary in the performance of its obligations under this Agreement;
c. Consultant has the required skill, experience, and qualifications to perform the Services, and the Services shall be performed in a professional and workmanlike manner in accordance with the reasonable industry standards to which the Services pertain. If the Services provided by Consultant are not in conformance with this warranty, Consultant shall take all commercially reasonable steps necessary to promptly correct the deficiency at no additional charge to Client; and
d. Consultant is not a party to any other agreement or arrangement that conflicts with or adversely affects Consultant’s ability to perform the Services under this Agreement.Client represents and warrants to Consultant that:
a. Client has the full corporate power and authority to enter into this Agreement and to perform Client’s obligations under this Agreement; and
b. Client is not a party to any other agreement or arrangement that conflicts with or adversely affects Client’s ability to perform its obligations under this Agreement.
Consultant shall at all times hold and treat all confidential information of Client and the facilities that Client services, including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, information pertaining to customers, pricing, marketing, and any other information that Consultant should reasonably know is confidential (“Confidential Information”) as confidential and protect the Confidential Information with the same degree of care as Consultant uses to protect its own Confidential Information and not, except as required in the performance of Services, directly or indirectly use, disseminate, or disclose any Confidential Information.
Confidential Information does not include any information that (a) at the time of the disclosure or thereafter is lawfully obtained from publicly available sources generally known by the public (other than as a result of a disclosure by Consultant or its representatives); (b) is available to Consultant on a non-confidential basis from a source that was not bound by a confidentiality agreement with respect to the Confidential Information when such Confidential Information was made available to the Consultant; or (c) has been independently acquired or developed by Consultant without violating its obligations under this Agreement or under any federal or state law.
If the Consultant, or its representatives, is requested or required (by law, oral questions, interrogatories, requests from information or documents in legal proceedings, subpoena, civil investigative demand or other similar process) to disclose any of the Confidential Information, the Consultant shall, to the extent permitted by law, provide Client with prompt written notice (and, to the extent practicable, prior notice) of any such request or requirement so that Client may seek, at its sole cost and expense, a protective order or other remedy with respect to such requested or required disclosure.
Upon termination of this Agreement, Consultant shall return to Client all documents, records, notes, and electronic media containing Confidential Information that are in Consultant’s possession, including all copies thereof, whether prepared by Consultant or others; provided, however, the Consultant may retain (a) Confidential Information on a confidential basis solely to comply with legal, regulatory or policy requirements and (b) electronic files containing the Confidential Information which are automatically saved pursuant to legal, regulatory or policy requirements so long as such retained Confidential Information shall continue to be treated as Confidential Information pursuant to this Agreement.
Each Party agrees to comply with the privacy and security regulations issued by the United States Department of Health and Human Services under the Health Insurance Portability and Accountability act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH”), and related state and federal laws and regulations.
Client is and shall be the sole and exclusive owner of all right, title, and interest to the deliverables, results, and documentation prepared or gathered by Consultant in the performance of Services. Upon completion of the Services or at the request of Client, Consultant shall promptly deliver to Client and execute such documentation as may be required to carry out the intent of this Section.
The Parties agree as follows:
a. During the term of this Agreement and for a period of two (2) years thereafter, Client shall not directly or indirectly solicit, persuade, or encourage any person employed by Consultant or by an exclusive vendor of Consultant, or any person that has an exclusive business relationship with Consultant, to terminate or alter his or her employment or business relationship with Consultant. With respect to each person for whom Client violates this paragraph 16, Client shall immediately pay to Consultant, as liquidated damages and not as a penalty, the sum of Fifty Thousand Dollars ($50,000). This provision shall not apply to persons whose employment Consultant has terminated before the date of this Agreement. To avoid any inadvertent liability, Client’s President shall contact Consultant’s President regarding any person that Client’s President (or other person responsible for hiring by Client) knows or has reason to know is employed by Consultant, employed by an exclusive vendor of Consultant, or has an exclusive business relationship with Consultant, to determine if Consultant objects to the hiring or utilization of that person by Client.
b. During the term of this Agreement and for a period of two (2) years thereafter, Consultant shall not directly or indirectly solicit, persuade, or encourage any person employed by Client or by an exclusive vendor of Client, or any person that has an exclusive business relationship with Client, to terminate or alter his or her employment or business relationship with Client. With respect to each person for whom Consultant violates this paragraph 16, Consultant shall immediately pay to Client, as liquidated damages and not as a penalty, the sum of Fifty Thousand Dollars ($50,000). This provision shall not apply to persons whose employment Client has terminated before the date of this Agreement. To avoid any inadvertent liability, Consultant’s President shall contact Client’s President regarding any person that Consultant’s President (or other person responsible for hiring by Consultant) knows or has reason to know is employed by Client, employed by an exclusive vendor of Client, or has an exclusive business relationship with Client, to determine if Client objects to the hiring or utilization of that person by Consultant.
Consultant shall defend, indemnify, and hold harmless Client and the facilities Client services and their respective directors, officers, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney’s fees (collectively, “Losses”), arising out of or resulting from:
a. Consultant’s breach of any of its representations, warranties or obligations under this Agreement;
b. any claims regarding intellectual property infringement made by a third party with respect to the intellectual property purportedly owned by or otherwise used by Consultant;
c. bodily injury, death, or damage to real or personal property resulting from Consultant’s acts or omissions; and
d. any claims for any violation by Consultant of any applicable law, ordinance, or government regulation including HIPAA or any other data breach related to HIPAA or other Protected Healthcare Information.Client shall defend, indemnify, and hold harmless Consultant its respective directors, officers, employees, agents, successors, and assigns from and against all Losses, arising out of or resulting from:
a. Client’s breach of any of its representations, warranties or obligations under this Agreement;
b. any claims regarding intellectual property infringement made by a third party with respect to the intellectual property purportedly owned by or otherwise used by Client;
c. bodily injury, death, or damage to real or personal property resulting from Client’s acts or omissions; and
d. any claims for any violation by Client of any applicable law, ordinance, or government regulation including HIPAA or any other data breach related to HIPAA or other Protected Healthcare Information.
Each Party shall maintain insurance in an amount sufficient to protect and cover its obligations under this Agreement as well as those imposed by applicable state or federal law.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES HOWEVER CAUSED AND UNDER WHATEVER THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF CUSTOMERS, DIMINUTION OF VALUE OR ANY DAMAGES BASED ON A MULTIPLE. EACH PARTY’S TOTAL CUMULATIVE LIABILITY UNDER OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED, IN THE AGGREGATE, AN AMOUNT EQUAL TO ITS INSURANCE POLICY LIMITS.
Neither Party shall assign any rights, or delegate or subcontract any obligations under this Agreement without the other Party’s prior written consent. Notwithstanding the foregoing, Consultant shall be fully responsible for the acts of all subcontractors to the same extent that it is responsible for the acts of its own employees.
Neither Party shall be responsible for failure or delay of performance caused by force majeure acts of God or other events outside of the reasonable control of the other Party. Both Parties will use commercially reasonable efforts to mitigate the effect of a force majeure event.
Any notices or other communications required or permitted to be given or delivered under this Agreement shall be in writing and shall be sufficiently given if hand delivered or sent by first-class, certified, or overnight delivery mail, postage prepaid to the Parties at the addresses set forth on the first page of this Agreement.
This Agreement (including any additional SOW executed by the Parties) constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
This Agreement may not be amended, changed, or modified unless it is in writing and signed by both Parties.
The Parties agree that the validity, construction, and interpretation of this Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, excluding its conflict of laws principles, and any legal action or proceeding arising under this Agreement shall be brought either in the federal court in the Northern District of Illinois or the state court located in Cook County, Illinois. TO THE EXTENT NOT PROHIBITED BY LAW, THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR SUIT TO ENFORCE OR DEFEND ANY RIGHTS OR REMEDIES UNDER THIS AGREEMENT.
In any legal proceedings between the Parties, the prevailing Party shall have the right to an award of its reasonable attorneys’ fees, costs, and expenses.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason,then such provision will be treated as severable and the remaining provisions will remain in full force and effect.
Client’s Responsibilities
a. Client will provide virtual desktops and office 365 licensing for each Resource
b. Client will provide all the necessary licenses
Consultant’s Responsibilitiesa. Consultant will provide day-to-day HR Management of the offshore Resources
b. Consultant will coordinate with Client Management
c. Consultant will provide all hardware for each Resource required to do their job
Accounting Service Includes
- All bank accounts and credit card accounts are reconciled and this priority #1 on the month end checklist
- Per below on the daily cash posting, activity is recorded resulting in the cash being reconciled daily.
The priority list for the month end close is as follows:
- AP Vendor Statement Reconciliation
Bank Transactions
Credit Card Transactions - Bank Financial
Credit Card Rec (per statement date)
Petty Cash - Revenue/AR
- A/R Clearing
Refund Clearing - Census
- Bad Debt
- QIPP Revenue
- Accrued Mangement Fees
- AR Reconciliation
- Payroll Imports
- Payroll Clearing
- Prepaids(software, legal, insurance)
- Escrows
- Confirm Workers Comp Expense
- Insurance Withholding Payable
- Accrued Expenses
- Payroll Accrual
- Reverse Accrued Payroll entry
- PTO Accrual
- Reverse Accrued PTO Entry
- AP Reconciliation
- Fixed Asset Summary – Depreciation
- Loan Payable Members
- Intercompany
- Charge Back
- SAVA Due To/From
- Capitalize Repairs and Maintenance
- Line of Credit Reconciliation
- COVID related adjustment
- AP Vendor Statement Reconciliation
Due the 20 th day of the month.
Each line item on the P&L (T12) reviewed and analyzed to ensure to all transactions are recorded properly.
- Detail analysis of variances to be provided.
- Due on the 20 th day of the month
All balance sheet accounts are reconciled on a monthly basis.
- Bank transactions are recorded daily to ensure that we have up to date cash balance.
- Credit card transactions are also matched daily.
- Payroll related entries should be recorded at least 36 Hours after payroll has been processed.