This Client Portal Agreement is made by and between Kahn, Berman, Solomon, Taibel & Mogol, P.A. (KBST&M) and you, the “Client”, effective on the date it is executed by the Firm’s authorized representative upon the following terms and conditions:
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Purpose
KBST&M provides a voluntary Client Portal (secure internet site) to permit easy and secure electronic transfer of documents between its Clients and the Firm; as well as ongoing Client access to certain documents created or maintained by the Firm. KBST&M has sole discretion to decide which types of documents can be uploaded or viewed on the Client Portal.
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Service Availability
KBST&M will use its best efforts to provide 24 hour daily availability of the Client Portal. However, the Firm makes no representation or warranty that a 24 hour service will be available. The Client agrees and acknowledges that the Client Portal will, at times, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures.
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Supported Browser
The Client agrees to access the Client Portal using an up to date supported browser (Internet Explorer 7 (or higher), Google Chrome, Mozilla Firefox, Safari).
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Security
KBST&M will use its best efforts to make the Client Portal secure from unauthorized access. The Client Portal operating system and application software will be updated and virus-scanned regularly. However, the Client recognizes that there is no completely secure system for electronic data transfer. KBST&M MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EFFICACY OF THE SECURITY OF THE CLIENT PORTAL AND SHALL NOT BE LIABLE FOR ANY CLAIMED, ACTUAL, OR CONSEQUENTIAL DAMAGE ARISING FROM ANY BREACH OR ALLEGED BREACH OF SECURITY OF THE CLIENT PORTAL.
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Logon Accounts and Their Security
The Firm will set up a single logon account for the Client. It is the Client’s responsibility to set up additional accounts for users that work in their organization and third parties. KBST&M strongly recommends that the Client establishes a policy that logon information should not be shared among its employees.
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Termination of Logon Account
The Client is responsible for the termination of an individual logon account.
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Term and Termination
This Agreement and the services contemplated by it may be terminated by either KBST&M or the Client with or without cause and with or without notice at any time.
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No Unlawful and Prohibited Use
Hacking, password mining, or any other means to gain unauthorized access to the portal, portal accounts, computer or network is prohibited. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law is also prohibited. Firm will fully cooperate with any law enforcement, authorities, or court requesting or directing Firm to disclose the identity of any one posting any such information and materials.
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IRS Circular 230 Disclosure
To ensure compliance with requirements imposed on June 20, 2005 by the United States Treasury, Firm informs you that any tax advice contained in communication (including any attachments) using the portal was not intended to be used and cannot be used for the purpose of 1) avoiding tax-related penalties or 2) promoting, marketing or recommending to another party any tax related matters addressed in this communication.
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Miscellaneous
This is the entire agreement between KBST&M and the Client regarding its subject matter. This Agreement does not modify or affect any existing or future engagement letter or agreement between the Firm and Client. By submitting the form below the Client has read the above conditions and agrees to its terms.