Terms of Service

Introduction and Acceptance

These Terms of Service govern your access to and use of the Pinnmark website and accounting services. By accessing our website or engaging our services, you agree to be bound by these terms.

If you do not agree with any part of these terms, you should not use our website or services. We reserve the right to modify these terms at any time, and your continued use after such modifications constitutes acceptance of the updated terms.

Services Description

Pinnmark provides specialized accounting services for construction companies and project-based businesses. Our services include:

Construction & Project Accounting: Comprehensive accounting services tailored to construction industry needs

Job Costing & Profitability Analysis: Detailed tracking of costs by project with profit analysis

Progress Billing & Contract Accounting: Management of milestone-based billing and contract modifications

The specific scope of services provided to each client is detailed in individual service agreements. These Terms of Service supplement, but do not replace, any written agreements between Pinnmark and its clients.

Acceptable Use Policy

When using our website and services, you agree to:

✓ Provide accurate and complete information when requested

✓ Maintain the confidentiality of any account credentials provided to you

✓ Use our services only for lawful business purposes

✓ Respect intellectual property rights and not copy or distribute our materials without permission

✓ Notify us promptly of any security breaches or unauthorized access

You agree not to:

✗ Use our services for any illegal or fraudulent purpose

✗ Attempt to gain unauthorized access to our systems or networks

✗ Interfere with or disrupt the functionality of our website or services

✗ Transmit viruses, malware, or other harmful code

✗ Engage in any activity that could damage our reputation or business interests

✗ Share your access credentials with unauthorized third parties

Account Terms and Access

Account Creation

When you engage our services, you may be provided with access to secure client portals or systems. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.

Account Security

You must immediately notify us of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to maintain account security.

Account Suspension and Termination

We reserve the right to suspend or terminate your access to our services if you:

Violate these Terms of Service
Fail to pay for services as agreed
Engage in fraudulent or illegal activity
Provide false or misleading information
Behave in a manner that could damage our reputation or business

Account Closure

Either party may terminate the service relationship with appropriate notice as specified in your service agreement. Upon termination, you remain responsible for all fees incurred through the termination date.

Service Availability and Modifications

Service Uptime

We strive to maintain consistent availability of our website and services. However, we do not guarantee uninterrupted access. Services may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control.

Scheduled Maintenance

We may perform scheduled maintenance on our systems, which may result in temporary service interruptions. Where possible, we will provide advance notice of planned maintenance.

Service Modifications

We reserve the right to modify, update, or discontinue features of our services at any time. We will make reasonable efforts to notify affected clients of significant changes that may impact their use of our services.

Geographic Restrictions

Our services are intended for use by businesses worldwide. However, certain features or services may be restricted in specific jurisdictions due to legal or regulatory requirements.

Fees and Payment Terms

Service fees are outlined in your individual service agreement. General payment terms include:

Payment Schedule

Fees are typically billed monthly in advance or as otherwise specified in your service agreement. Payment is due within the timeframe specified on your invoice.

Late Payments

Late payments may be subject to interest charges or late fees as permitted by law. Continued non-payment may result in suspension or termination of services.

Fee Changes

We may adjust our fees with appropriate advance notice to clients. Continued use of services after a fee change constitutes acceptance of the new fees.

Refund Policy

Refunds, if applicable, are handled on a case-by-case basis and are subject to the terms of your service agreement.

Intellectual Property Rights

Our Content and Materials

All content on our website, including text, graphics, logos, images, software, and methodologies, is the property of Pinnmark or our licensors and is protected by copyright and other intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from our content without our express written permission.

Client Data and Materials

You retain all ownership rights to the data and materials you provide to us. By providing information to us, you grant us a limited license to use that information solely for the purpose of providing our services to you.

Reports and Deliverables

Financial reports, analyses, and other deliverables we create for you remain your property. However, the underlying methodologies, templates, and systems we use to create them remain our intellectual property.

Trademarks

Pinnmark and related logos are trademarks or registered trademarks of our company. You may not use these marks without our prior written consent.

Confidentiality

We recognize the confidential nature of the financial information you share with us. We maintain strict confidentiality practices and will not disclose your information except:

As necessary to provide our services to you
With your explicit consent
To comply with legal obligations or court orders
To protect our legal rights or prevent fraud
In connection with a business transfer or sale

Our confidentiality obligations are further detailed in our Privacy Policy and any applicable service agreements.

Professional Standards

Our accounting services are provided in accordance with applicable professional standards and regulations. However, you acknowledge that:

Our services are based on the information you provide to us

You are responsible for the accuracy and completeness of that information

You should review all reports and deliverables for accuracy

You are ultimately responsible for your own business decisions

Our services do not constitute legal, tax, or investment advice unless explicitly stated

Limitation of Liability

To the fullest extent permitted by law, Pinnmark and its officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from:

Your use or inability to use our website or services
Errors or omissions in our services or deliverables
Unauthorized access to or alteration of your data
Business decisions made based on our reports or advice
Any other matter relating to our services

Our total liability for any claims arising from our services shall not exceed the fees paid by you for the specific services giving rise to the claim during the twelve months preceding the claim.

Some jurisdictions do not allow the limitation of liability for certain types of damages, so some of these limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Pinnmark and its officers, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from:

Your violation of these Terms of Service
Your violation of any laws or regulations
Your violation of any third-party rights
Any inaccurate or incomplete information you provide to us
Your business operations or decisions

Governing Law and Disputes

These Terms of Service shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.

Any disputes arising from these terms or our services shall first be subject to good faith negotiations between the parties. If a resolution cannot be reached through negotiation, disputes may be submitted to binding arbitration or resolved through appropriate legal proceedings.

Specific dispute resolution procedures may be outlined in your individual service agreement.

Severability and Waiver

If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Our failure to enforce any right or provision of these terms shall not constitute a waiver of that right or provision.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Pinnmark regarding your use of our website and services, superseding any prior agreements or understandings.

Changes to Terms

We reserve the right to modify these Terms of Service at any time. Material changes will be communicated to active clients, and the "Last updated" date at the top of this page will be revised.

Your continued use of our website or services after changes are posted constitutes acceptance of the modified terms. If you do not agree with the changes, you should discontinue use of our services.