Terms of Service

These Terms of Service ("Terms") govern your use of services provided by Phenom Outsourcing Services Pvt Ltd ("Phenom," "we," "us," or "our"). By accessing our website or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By using our services, you confirm that:

• You are at least 18 years of age
• You have the legal authority to enter into this agreement
• You have read, understood, and agree to these Terms
• Your use complies with all applicable laws and regulations

2. Services Provided

Phenom provides accounting and bookkeeping outsourcing services, including but not limited to:

• Daily bookkeeping and transaction recording
• Bank and credit card reconciliation
• Accounts payable and receivable management
• Financial reporting and analysis
• Payroll processing
• Tax preparation and filing
• Advisory and consulting services

Specific services will be detailed in your individual Service Agreement.

3. Service Agreement

Upon engagement, you will receive a separate Service Agreement that includes:

• Scope of services
• Deliverables and timelines
• Pricing and payment terms
• Service level agreements (SLAs)
• Confidentiality provisions

In case of conflict between these Terms and your Service Agreement, the Service Agreement prevails.

4. Client Responsibilities

As a client, you agree to:

• Provide Access: Grant timely access to accounting software, bank accounts, and necessary documents
• Accurate Information: Provide complete and accurate information
• Timely Response: Respond to queries within agreed timeframes
• Authorization: Ensure you have authority to share data with us
• Cooperation: Cooperate with our team and follow established processes
• Payment: Pay fees on time as per the Service Agreement
• Review: Review and approve deliverables promptly

5. Fees and Payment

5.1 Service Fees

• Fees are specified in your Service Agreement
• Monthly fees are typically billed in advance
• Setup fees (if applicable) are one-time charges
• Additional services may incur extra charges

5.2 Payment Terms

• Invoices are due within 7 days of issuance unless otherwise stated
• Accepted payment methods: credit card, ACH, wire transfer, PayPal
• Late payments may incur interest charges (1.5% per month or maximum allowed by law)
• Services may be suspended for non-payment after 15 days

5.3 Refunds

• Setup fees are non-refundable
• Monthly fees are prorated for partial months upon termination
• Refunds (if applicable) will be processed within 30 days

6. Intellectual Property

6.1 Client Data

You retain all rights to your financial data and business information. We claim no ownership over your data.

6.2 Our Materials

Our website content, methodologies, templates, and tools are our intellectual property and may not be copied or used without permission.

6.3 Work Product

Financial reports, analyses, and deliverables created for you are your property upon full payment.

7. Confidentiality

Both parties agree to:

• Maintain strict confidentiality of all shared information
• Use information only for the purpose of providing/receiving services
• Not disclose information to third parties without consent
• Return or destroy confidential information upon termination
• Implement appropriate security measures

Confidentiality obligations survive termination of services.

8. Data Security and Privacy

We implement industry-standard security measures:

• 256-bit SSL/TLS encryption
• ISO 27001 certified processes
• Regular security audits
• Employee background checks and NDAs
• Access controls and monitoring

See our Privacy Policy for detailed information on data handling.

9. Limitation of Liability

Important: To the maximum extent permitted by law:

• Service Quality: We provide services with reasonable skill and care but do not guarantee specific outcomes
• Indirect Damages: We are not liable for indirect, consequential, or punitive damages
• Maximum Liability: Our total liability is limited to fees paid in the 12 months preceding the claim
• Third-Party Actions: We are not liable for errors caused by third-party software or services
• Tax Decisions: You remain responsible for all tax filing decisions and positions

10. Professional Standards

We adhere to professional accounting standards including:

• Generally Accepted Accounting Principles (GAAP)
• International Financial Reporting Standards (IFRS)
• Applicable country-specific accounting standards
• Professional ethics codes

However, we are not providing audit, attest, or CPA opinion services unless explicitly stated in writing.

11. Disclaimer of Warranties

Services are provided "as is" without warranties of any kind, express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free service

12. Indemnification

You agree to indemnify and hold Phenom harmless from claims arising from:

• Your breach of these Terms
• Your violation of laws or third-party rights
• Inaccurate or incomplete information you provide
• Your use of deliverables contrary to our advice

13. Term and Termination

13.1 Term

Services continue on a month-to-month basis unless otherwise specified in your Service Agreement.

13.2 Termination by Client

• Provide 30 days written notice
• Pay all outstanding fees
• Receive final deliverables and data export

13.3 Termination by Phenom

We may terminate services with 30 days notice, or immediately if:

• You breach these Terms
• Payment is more than 30 days overdue
• We detect fraud or illegal activity
• Continued relationship is not feasible

13.4 Effect of Termination

• Access to systems will be revoked
• We will provide final deliverables and data export
• Outstanding fees remain due
• Confidentiality obligations continue
• Data will be deleted after 30-day transition period

14. Force Majeure

Neither party is liable for delays or failures due to events beyond reasonable control, including:

• Natural disasters
• Acts of war or terrorism
• Government actions
• Internet or telecommunications failures
• Pandemics or health emergencies

15. Dispute Resolution

15.1 Negotiation

Parties agree to first attempt resolution through good-faith negotiation.

15.2 Mediation

If negotiation fails, disputes will be submitted to mediation before proceeding to arbitration or litigation.

15.3 Arbitration

Unresolved disputes will be settled by binding arbitration in accordance with the rules of the American Arbitration Association (or applicable jurisdiction).

15.4 Governing Law

These Terms are governed by the laws of India (or client's jurisdiction as specified in Service Agreement).

16. Modifications to Terms

We may update these Terms from time to time. Changes will be effective upon posting to our website with an updated "Last Updated" date. Continued use of services after changes constitutes acceptance.

17. General Provisions

17.1 Entire Agreement

These Terms, together with your Service Agreement, constitute the entire agreement between parties.

17.2 Severability

If any provision is found invalid, the remaining provisions remain in effect.

17.3 No Waiver

Failure to enforce any right does not constitute a waiver of that right.

17.4 Assignment

You may not assign this agreement without our written consent. We may assign to affiliates or in connection with a business transfer.

17.5 Independent Contractor

We are an independent contractor, not an employee or partner.

18. Contact Information

For questions about these Terms, contact us:

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.