Terms and Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and WOWzer Technologies Inc. ("WOWzer," "we," "us," or "our") governing your use of the WOW BookSwitch service ("Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

2. Description of Services

WOW BookSwitch provides automated data conversion services to migrate financial data from QuickBooks Desktop to Xero. Our services include data extraction, transformation, validation, and loading into your designated Xero organization, along with validation reports documenting the conversion results.

3. Pricing and Payment

3.1 Fees

The current pricing structure is as follows:

• Complete Migration Package: $399 USD per conversion (includes up to 3 years of financial data plus the current fiscal year)
• Additional Historical Data: $100 USD per additional year
• Volume Discount: 15% discount for orders exceeding 30 files

3.2 Payment Terms

Payment is due upon submission of your conversion order. We accept major credit cards and other payment methods as indicated on our website. All fees are quoted in U.S. dollars unless otherwise specified.

3.3 Taxes

Prices do not include applicable taxes. You are responsible for paying all applicable sales taxes, GST/HST, or other taxes imposed by any jurisdiction.

4. Money-Back Guarantee and Refunds

4.1 First Conversion Guarantee

We offer a money-back guarantee on your first conversion only. If you are not satisfied with the quality of your first conversion, you may request a full refund within thirty (30) days of delivery of the validation report.

4.2 Accuracy Guarantee

We guarantee 95% accuracy on all conversions. If we fail to achieve 95% accuracy as documented in your validation report, you are entitled to a full refund for that conversion.

4.3 No Other Refunds

Except as expressly provided in Sections 4.1 and 4.2, all fees are non-refundable. Subsequent conversions (after your first conversion) are not eligible for refunds under the money-back guarantee. We encourage customers to use their first conversion as a pilot to evaluate our service quality.

4.4 Refund Process

To request a refund under the money-back guarantee, contact us at support@wowzer.tech within the applicable time period. Approved refunds will be processed within five (5) business days to your original payment method.

5. Customer Responsibilities

You agree to:

• Provide accurate and complete QuickBooks Desktop files for conversion
• Ensure you have the legal right to access and transfer the data contained in your QuickBooks files
• Provide valid access to your Xero organization or authorize us to create one on your behalf
• Review validation reports and notify us of any discrepancies within the guarantee period
• Maintain backups of your original QuickBooks Desktop files
• Comply with all applicable laws regarding data privacy and transfer

6. Intellectual Property

6.1 Your Data

You retain all ownership rights to your financial data, including data contained in your QuickBooks Desktop files and the converted data in Xero. We claim no ownership interest in your data.

6.2 Our Technology

All intellectual property rights in the Service, including our conversion tools, processes, methodologies, software, algorithms, and systems, are and shall remain the exclusive property of WOWzer Technologies Inc. Nothing in these Terms grants you any rights to our intellectual property except the limited right to use the Service as provided herein.

6.3 Validation Reports

Validation reports generated as part of the Service are provided for your use in verifying the accuracy of your conversion. You may retain and use these reports for your internal business purposes. The format and structure of validation reports remain our intellectual property.

6.4 Feedback

Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without restriction or compensation to you.

7. Confidentiality

We will treat your financial data as confidential information and will not disclose it to third parties except as necessary to provide the Service (including sharing with WOW Backup and Restore for backup services), as required by law, or with your consent. Our privacy practices are further described in our Privacy Policy.

8. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

9. Limitation of Liability

9.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WOWZER'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR THE SPECIFIC CONVERSION GIVING RISE TO THE CLAIM.

9.2 Exclusion of Damages

IN NO EVENT SHALL WOWZER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 Basis of the Bargain

The limitations of liability in this Section 9 reflect the allocation of risk between the parties and are an essential element of the basis of the bargain between us. The Service would not be provided without these limitations.

10. Indemnification

You agree to indemnify, defend, and hold harmless WOWzer and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any applicable law; or (d) any dispute between you and any third party regarding ownership or rights to the data you submit for conversion.

11. Term and Termination

These Terms remain in effect while you use the Service. Either party may terminate the relationship at any time. Upon termination, your right to use the Service will immediately cease. Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property, confidentiality, limitation of liability, indemnification, and dispute resolution provisions.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at support@wowzer.tech to attempt to resolve the dispute informally. We will attempt to resolve any dispute within thirty (30) days of receiving your notice.

12.2 Arbitration

If we cannot resolve a dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be finally settled by binding arbitration administered in accordance with the rules of the British Columbia International Commercial Arbitration Centre (BCICAC) or another mutually agreed arbitration body. The arbitration shall be conducted in English, and the seat of arbitration shall be Vancouver, British Columbia, Canada.

12.3 Class Action Waiver

YOU AND WOWZER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12.4 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the courts of British Columbia, Canada.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WOWzer regarding the Service and supersede all prior agreements and understandings.

13.2 Amendments

We may modify these Terms at any time by posting the revised Terms on our website. Your continued use of the Service after any changes constitutes acceptance of the modified Terms.

13.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

13.4 Waiver

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

13.5 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

14. Contact Information

For questions about these Terms, please contact us:

BY USING THE WOW BOOKSWITCH SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.