Terms of Use

Terms of Use

By signing up to be a user of this tool, 941R Express (the “Software”), and using the website, User agrees to the following:

User acknowledges that User has read and followed all instructions for completing the Internal Revenue Service Schedule R (Form 941): Allocation Schedule for Aggregate Form 941 Filers and the Internal Revenue Service Schedule R (Form 940): Allocation Schedule for Aggregate Form 940 Filers, and agrees to provide Annkissam with accurate and appropriate information.

User agrees that once Annkissam returns User’s information to them in Portable Document Format (PDF) form, it is User’s responsibility to verify that the information contained within the form is accurate. Annkissam is not responsible for any inaccurate information contained in the PDF form, whether the inaccurate information is a result of the User’s error, or whether the inaccurate information is a result of an error on the part of Annkissam. Specifically, but not limited to, Annkissam is not responsible for any penalties or interest incurred by User for incorrect or late filings or for any other reason.

User understands Annkissam will be transcribing User’s information from the file provided by User, and as such, transcribing errors may occur. User acknowledges that Annkissam will not be held responsible for such errors, and User agrees to thoroughly review the final form to check for accuracy, prior to submitting to the Internal Revenue Service.

User understands that Annkissam cannot, and will not, guarantee or verify that the information User submits is accurate. In addition, User understands that User is responsible for submitting to the Internal Revenue Service the Schedule R (Form 941): Allocation Schedule for Aggregate Form 941 Filers and Schedule R (Form 940): Allocation Schedule for Aggregate Form 940 Filers, and any related tax forms and schedules. Annkissam cannot, and will not, submit any forms to the Internal Revenue Service on User’s behalf. Annkissam is not responsible for timely filing of the Schedule R (Form 941): Allocation Schedule for Aggregate Form 941 Filers or Schedule R (Form 940): Allocation Schedule for Aggregate Form 940 Filers, or related forms, and is not responsible for any penalties or interest incurred by the User for late or incorrect submission of forms or for any other reason.

In accordance with these Terms of Use, Annkissam hereby grants to User a worldwide, non-exclusive, royalty-free license (the “License”) to use the Software, but not to copy, distribute, modify or make derivative works of the Software. This License shall expire after 12 months, unless User pays an additional fee in accordance with these Terms of Use to reactivate the License. Annkissam may at its own discretion revoke the License at any time for any violation of these Terms of Use.

User understands that as part of the registration process, User will create login credentials by selecting a password and providing an email address. User will also provide certain registration information, all of which must be accurate and updated.

User understands that each Subscription (as that term is defined below) grants the License to a single organization only. User is not allowed to share its registration login credentials or give its login credentials to anyone else outside of the organization which acquired the Subscription. Annkissam may cancel or suspend the User organization’s access to the Software if the User shares its login credentials with anyone outside of the organization.

Notwithstanding anything contained herein to the contrary, Annkissam's sole and entire liability to User for its breach of this Agreement shall not exceed the total amount of fees that have been paid by User to Annkissam.

PLEASE NOTE THAT THESE TERMS OF USE ARE SUBJECT TO CHANGE BY ANNKISSAM IN ITS SOLE DISCRETION AT ANY TIME. If Annkissam makes any material changes, and User has registered to use the Software, Annkissam will send an email to User at the last e-mail address User provided to Annkissam within the 941R Express Software. Any changes to the Terms will be effective immediately for new Users of the Software and will be effective thirty (30) days after notifying of such changes for existing Users. If User does not agree to any change(s) after receiving a notice of such change(s), User shall stop using the Software and notify Annkissam. Otherwise, User’s continued use of the Software constitutes User’s acceptance of such change(s).

THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

With the exception of a claims related to the infringement or misappropriation of Annkissam’s intellectual property, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Boston, Massachusetts. Massachusetts law shall apply law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. User understands and acknowledges that any infringement, misappropriation or breach of Annkissam’s intellectual property will irreparably harm and continually damage Annkissam, and that an award of money damages alone will not be adequate to remedy such harm. Consequently, Client agrees that, in the event that it breaches or threatens to breach the license granted in these Terms of Use, Annkissam shall be entitled to both: i. a preliminary or permanent injunction in order to prevent the continuation of such harm; and ii. Money damages, insofar as they can be determined, including, without limitation, all reasonable costs and attorneys’ fees incurred by Annkissam in enforcing the provisions of these Terms of use. User agrees that Annkissam shall have the right to terminate the License and User’s access to the software in the event Annkissam has reasonable suspicion of infringement, misappropriation of breach of Annkissam’s intellectual property.

Payment Terms of Use

User understands that before User can access the Software, User must submit a fee payment for a 12-month Subscription (the “Subscription”). Subscription will remain in effect until cancelled or terminated in accordance with this Agreement. User will be notified about fees before being charged. User may cancel Subscription at any time by contacting Annkissam. If User does not pay for Subscription prior to use, Annkissam reserves the right to suspend or cancel User’s access to the Subscription. Annkissam’s fees will appear on an invoice provided via third party payment processor.

User understands that to ensure uninterrupted service, Annkissam shall automatically bill User for a Subscription renewal 12 months from the date User submits the initial payment and on each renewal period thereafter until cancellation. User’s renewal period will be equal in time to the renewal period of User’s current Subscription. Annkissam shall automatically invoice the applicable amount using the payment method User has on file Annkissam’s third party payment processor. User may opt out of the automatic renewal at any time by cancelling its subscription prior to the renewal date.

User understands that while it may cancel Subscription at any time, it will not be issued a refund except in Annkissam’s sole discretion, or if legally required.

User understands that the Subscription period is 12 months and pro-ration is not possible for use of less than 12 months.

User understands that Annkissam may change its fees at any time. When applicable, Annkissam shall give User advance notice of these fee changes. New fees shall not apply retroactively. If User does agree with the fee changes, User has the right to reject the change by cancelling the Subscription before User’s next payment date.

User understands that if User contacts its bank or credit card company to decline, chargeback or its payment is otherwise declined, Annkissam may automatically terminate the Subscription.

User understands that Annkissam uses a third party payment processor (“Payment Processor”) to invoice User through a payment account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Annkissam’s current Payment Processor is Freshbooks, and User’s payments are processed by Freshbooks in accordance with Freshbooks’ Terms of Service and Privacy Policy. Annkissam does not control and is not liable for the security or performance of the Payment Processor.

Client shall pay all federal, state or local taxes, including all sales, use, transfer or other taxes, that are levied or imposed as a result of transactions related to this Agreement or subsequent Work Orders. Client agrees to reimburse Annkissam for the amount of any such taxes paid or accrued by Annkissam as a result of these transactions. This Section shall not apply to income taxes that may be levied against Annkissam.

MISCELLANEOUS

These Terms of Use constitute the complete understanding between Annkissam and the User. The terms herein shall be adjudicated in accordance with the laws of the Commonwealth of Massachusetts.