Reimbursement Terms and Conditions
The following terms and conditions apply to Your eligibility for a one-time reimbursement of your annual subscription fee actually paid to uTax Software, LLC (“uTax”) for the uTax tax software, of up to one thousand dollars (US$1,000.00) (“Reimbursement”), by Xero, Inc. (“Xero”), subject to the following terms and conditions:
Who is Eligible for a Reimbursement?
In order to qualify for the Reimbursement, you must meet all of the following requirements:
A. You were not an existing Xero Partner as of July 1, 2017;
B. Between July 1, 2017 and December 31, 2017, You sign up and pay uTax for an annual subscription to the uTax software, or renew Your existing subscription to uTax for a one-year term and provide proof of payment to Xero, which can be confirmed by uTax;
D. As a Xero Partner, you have added at least fifty (50) net new organizations (Ledger, Cashbook, or any Business Edition of Xero) within your Xero subscription (the “Minimum Organizations”) prior to December 31, 2017, and Xero is able to internally trace each such organization back to You; and
Decisions of Xero will be final and binding on all matters relating to this Reimbursement.
How will I be reimbursed?
If Xero determines that You qualify for the Reimbursement, the one-time Reimbursement the will be made to you by uTax. uTax will apply the Reimbursement to your uTax account balance and any resulting credit balance can be requested to be paid via check or ACH following uTax standard account payout processes.
The value of the Reimbursement may be taxable as income and taxes on the Reimbursement are Your sole responsibility.
Xero’s Right to Modify, Suspect or Termination
In the event Xero is prevented from continuing with the Reimbursement by any event beyond its reasonable control, then Xero shall have the right in its sole discretion to modify, suspend, or terminate the Reimbursement. Xero reserves the right in its sole discretion to disqualify any individual who is found to be tampering with this process or the operation of the Reimbursement, to be acting in violation of these terms and conditions, to be acting dishonestly or inaccurately, or to be acting in an unsportsmanlike or disruptive manner. Xero’s failure to enforce any of these terms and conditions shall not constitute a waiver of that or of any other provision.
Disclaimers and Limitations on Liability
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, XERO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Any and all claims, judgments and awards arising out of or IN ANY WAY connected with this REIMBURSEMENT shall be limited to OUT OF POCKET COSTS UP TO One thousand DOLLARS ($1,000.00). Under no circumstances will XERO be liable for, and YOU waive any and all rights to claim damages of any kind arising out of or IN ANY WAY connected with this reimbursement, including but not limited to direct, indirect, punitive, incidental, consequential, special or exemplary damages, damages multipliers, and any other damages, except for actual out-of-pocket expenses CONSTITUTING DIRECT DAMAGES up to One thousand DOLLARS ($1,000.00).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.