Terms & Conditions

0.0 GENERAL TERMS FOR ALL SUBSCRIPTIONS

For all customers who had an active subscription before July 1st, 2022, the renewal date will remain on November 1st, with a validity period from January to December of the following year. FCCGroup Inc. (hereinafter referred to as FCC) will change the renewal date only in case of a subscription change or if the customer adds an additional subscription. Customers with renewals on June 1st every year will maintain this date in any case.

Each customer should have the same renewal date for each subscription. The subscription renewal date will be aligned at FCC’s sole discretion.

Every year in April and September, FCC will review all subscriptions to ensure alignment. A prorated debit will be billed to the customer to align the subscription to the last day of the renewal month. This process helps FCC better organize billing and support hours usage for each customer’s current subscriptions.

1.0 FCC ACCOUNTING SYSTEM SELF-SERVE PLAN SUBSCRIPTIONS

Customers subscribing to the FCC Accounting System Self-Serve Plan must have ownership of their QuickBooks Online Advanced, Plus or Essential. QuickBooks Simple Start is not eligible for technical reasons.

1.1 FCC ACCOUNTING SYSTEM BASIC

The Basic version of the FCC Accounting System includes technical support for difficulties accessing the system or for technical bugs. All other forms of support, analysis, and/or training will be charged as outlined in section 4.0.

1.2 FCC ACCOUNTING SYSTEM PRO

The Pro version of the FCC Accounting System includes the technical support of the Basic plus 5 hours of generic support per year. Any additional support hours will be charged as outlined in section 4.0. Unused support hours will not be carried over to the following year.

2.0 BESPOKE PLAN SUBSCRIPTIONS

Bespoke Plan subscriptions are available on an annual, six-monthly, or monthly basis, but the frequencies cannot be mixed. Bespoke plan subscriptions involve the PRO version as minimum requirement or a FCC Accounting System + QuickBooks Online Bundle, depending on the country of the customer company.

Customers with multi-branch or multi-platform subscriptions are not eligible for the Bespoke Plan if they have other QuickBooks subscriptions in self-serve mode.

2.1. BUNDLE FCC ACCOUNTING SYSTEM + QUICKBOOKS ONLINE

A version of QuickBooks Online may be bundled with the FCC Accounting System software. This bundle includes tax compliance for some countries and an FCC Accounting System user. Bespoke Plan customers should be aware that FCC will be the Master Admin of their QuickBooks Online account.

2.1.1 FCC Accounting System Maintenance

FCC Accounting System + QBO bundle includes maintenance, updates, and 5 hours of annual support. Unused support hours will not be carried over to the following year.

2.2 ASSET.GURU

2.2.1. Asset.Guru Academy + Live Event

This is a mandatory add-on that comes with Asset.Guru subscription and provides access to a training library and live events. For groups of companies, only one add-on is required.

2.2.2 Asset.Guru Maintenance

This is also a mandatory add-on that comes with Asset.Guru subscription and includes maintenance and 1 hour of annual support. Unused support hours will not be carried over to the following year.

2.3 FATHOM

Fathom subscription must be managed by a single company within the group.

2.3.1. Fathom Academy + Live Event

This is an add-on that must be activated with Fathom subscription and provides access to a training library and live events.

2.3.2 Fathom Maintenance

This is also a mandatory add-on that must be activated for each company using Fathom. It includes maintenance and 1 hour of annual support for each company within the group. Unused support hours will not be carried over to the following year.

2.4 QUICKBOOKS TIME

2.4.1 QuickBooks Time Academy + Live Event

This is a mandatory add-on that comes with QuickBooks Time subscription and provides access to a training library and live events. For groups of companies, only one subscription is required.

2.4.2 Quickbooks Time Maintenance

This is also a mandatory add-on that comes with QuickBooks Time subscription and includes maintenance and 1 hour of annual support. Unused support hours will not be carried over to the following year.

2.5 UNLEASHED

2.5.1 Unleashed Maintenance

This is also a mandatory add-on that comes with Unleashed and includes maintenance and a package of annual support hours that increases with the growth of the subscription (Medium: 36 hours; Large: 60; Large Plus: 120 hours). Unused support hours will not be carried over to the following year.

2.6 KATANA

Katana is FCC partner. Katana is directly sold by Katana to the customer, but we provide the implementation and onboarding with a minimum of 3 hours Direct Annual Support Contract (DASC) for each subscription every year.

2.7 FCC SYNC MANAGER

Each FCC Sync Manager comes with a certain number of hours for integration/customization/configuration following the Agile Method. All FCC Sync Managers products provided by FCC include a maintenance recurring fee. Small software adjustments based on changes in flows between platforms are included. Changes requested by customers or necessary due to platform changes chosen by the customers are not included.

2.7.1 FCC Sync Manager Standard

The FCC Sync Manager Standard connector is used for integrations that do not involve importing orders/invoices or EDI flows. Pricing is determined by number of events and includes multiple price tiers. If the customer exceeds their monthly usage, their tier will be automatically upgraded for the rest of the months, and they will be billed for that tier until the end of the year.

The FCC Sync Manager E-Commerce connector is used for integrations that involve importing orders/invoices (excluding EDI flows). Pricing is determined by number of events and includes multiple price tiers. If the customer exceeds their monthly usage, their tier will be automatically upgraded for the rest of the months, and they will be billed for that tier. FCC Sync Manager E-Commerce connector allows for the addition of more than one e-commerce channel for the same company, with only the first channel included.

2.7.3 FCC Sync Manager EDI

The FCC Sync Manager EDI connector is used for integrations that involve EDI flows. Pricing is determined by two parameters: the number of documents and the number of partners and includes multiple price tiers. If the customer exceeds their monthly usage, their tier will be automatically upgraded for the rest of the months, and they will be billed for that tier.

2.8 DEDICATED ANNUAL SUPPORT CONTRACT

A customer with a Dedicated Annual Support Contract (DASC) has an agreement with FCC, which specifies that FCC will provide technical support for a certain number of hours per month, according to a specific Service Level Agreement (SLA). These hours are in addition to the ones provided by the active subscription. If the customer exceeds the agreed-upon number of support hours, they will be charged the full price of €/$135 per hour for any additional hours.

Data imports, transaction migrations, analysis, consulting, integrations, software customizations, and training are not included in the DASC. However, FCC may use DASC hours to perform or complete some of these tasks at its sole discretion. If a customer decides not to renew their DASC, any unused hours will not be available after the renewal of their other subscriptions and will not be refunded. DASC support hours are the only support hours that can be transferred from one year to another.

3.0 ONE-OFF CHARGES: ONBOARDING, CONSULTING, ANALYSIS, INTEGRATIONS, MANAGEMENT SYSTEM DATA MIGRATIONS, SOFTWARE CUSTOMIZATIONS, AND TRAINING

Activities related to one-off charges will not be scheduled or performed until they are fully paid for in advance. FCC works with the Agile Method. If the customer prefers the Waterfall Method, they need to advise in advance.

3.1 ONBOARDING

When a customer is activating a bespoke subscription, a Standard Onboarding is mandatory:

• Import of lists (vendors, customers, products)
• A 30-minute onboard call (log-in and access)
• 2 hours of status updates with a consultant

Customers who have fiscal compliance with the FCC Accounting System must follow all the information provided in the latest versions of the Electronic Invoicing Manual sent by FCC. The first steps for customers, using Italy as an example, are listed below:

• Communicate the code provided by FCC Inc. (e.g., “Codice Destinatario” in Italy) to the Tax Agency (e.g., “Cassetto Fiscale” in Italy)
• Communicate their VAT number to FCC Inc.
• Communicate to FCC if they opt-in for the Legally Compliant
• Digital Storage service (e.g., “Conservazione Sostitutiva” in Italy)
• Communicate to FCC Inc. an email to receive notifications in case of discarded invoices (if not communicated, FCC Inc. will choose one of the customer’s email addresses)

3.1.1 E-Invoice

3.1.1.1 Italy

The Italian Compliance package includes up to 3,000 electronic invoice and bill attempts. After these 3,000 attempts have been used, the cost per invoice and bill will be €/$0.04. If a customer exceeds the number of prepaid attempts, FCC will charge the customer for the additional attempts after January each year for the previous year. At the same time, FCC will also invoice the forecast for the current year.

Customers who subscribe to Legally Compliant Digital Storage will be charged €/$0.03 for each transmitted or received invoice and bill at the end of each year. Additionally, there will be a one-time

fee of €20. These charges will also be invoiced at the end of January each year for the previous year, along with the forecast for the current year.

3.2 ANALYSIS AND CONSULTING

FCC will assess the topics, their complexity, and specificity, and agree on an appropriate number of hours for the Analysis and Consultancy service with the requesting party.

3.3. INTEGRATIONS

FCC will assess the required integration, its complexity, and specificity, and agree on an appropriate number of hours for the integration service with the requesting party. Our estimates are based on an Agile approach, and there may be extra costs at the end of the job.

3.4. MANAGEMENT SYSTEM DATA MIGRATIONS

FCC will assess the required migration, its complexity, and specificity, and agree on an appropriate number of hours for the migration service with the requesting party. The import of lists is always included in the onboarding.

3.5. SOFTWARE CUSTOMIZATION

FCC will assess the user requirements, their complexity, and specificity, and agree on an appropriate number of hours for the Software Customization service with the requesting party. Our estimates are based on an Agile approach, and there may be extra costs at the end of the job.

3.6. TRAINING

Training is organized into two levels:

• Academy: a library of training materials
• Checkpoints/Specific Required Topic Sessions: one-to-one sessions

The training process can be more or less structured, depending on the customer’s subscription plan or DASC (hours available).

Onsite training is available when a customer requires at least 5 days. Remote training sessions are always a maximum of 1 hour. By participating in a live event, the customer acknowledges that their platform may be used as an example during the event and for future commercial or training purposes.

4.0. TECHNICAL SUPPORT

The cost of technical support is €/$135 per hour. Customers must send their requests to support@fcc.inc, including details, screenshots, and documents. Any hours exceeding those included in the customer’s plan will be billed monthly and are due upon receipt (net 10 days). If the customer fails to pay, FCC will temporarily stop providing services (see paragraph 8.0).

Each ticket has a minimum count of 0.25 (15 minutes) to allow for the classification, assignment, review, and response to the request.

FCC technologies and platforms may be based on third-party software. The customer acknowledges that certain technical issues may not be attributable to FCC and may not be resolved by FCC in a timely manner.

4.1. CONTESTING BILLED SUPPORT

The customer should pay within 10 days as stated above. If there are any doubts regarding tickets, the customer can send a document in a table format to support@fcc.inc listing the doubts and explaining them ticket by ticket. FCC will respond within 60 days. If FCC determines that the contested ticket should be refunded, the customer will receive a refundable credit in their account, which will be used for the next renewal and/or invoice.

5.0 PRICING FLUCTUATIONS

The customer acknowledges that the platforms may be subject to price fluctuations due to updates of the features, changes in the infrastructure, and third-party software used by FCC. These price increases may affect billing during the year or at renewal, at FCC’s sole discretion.

6.0. HOW TO WITHDRAW FROM SUBSCRIPTIONS AND CHARGES

Credit notes related to a subscription or charge will be kept as credit for the customer’s next renewal invoice. Refunds through a credit card or bank account will only be provided if a customer wishes to completely withdraw from all FCC services. Refunds will be processed within 90 days of issuing the credit, provided that FCC has received the withdrawing customer’s bank details via email. See the paragraphs below for our refund eligibility policy.

6.1. WITHDRAW FROM MONTHLY SUBSCRIPTIONS

For Plans, Additional Users, Academy, and Maintenance, FCC must be notified 30 days before the withdrawal. The current month is non-refundable. Onboarding is non-refundable, while other charges may be refunded if they were partially or completely not completed.

6.2. WITHDRAW FROM SIX-MONTHLY SUBSCRIPTIONS

For Plans, Additional Users, Academy, and Maintenance, a six-monthly subscription will be canceled and not renewed after the current billing cycle if the withdrawal is notified 30 days before the following billing cycle. Onboarding is non-refundable, while other charges may be refunded if they were partially or completely not completed.

6.3 WITHDRAW FROM YEARLY SUBSCRIPTIONS

For Plans, Additional Users, Academy, and Maintenance, a yearly subscription will be canceled and not renewed after the current billing cycle if the withdrawal is notified 30 days before the following billing cycle. Onboarding is non-refundable, while other charges may be refunded if they were partially or completely not completed.

7.0 BILLING AND PAYMENTS

7.1 SUBSCRIPTION FEES AND PAYMENT

The customer shall be charged the Subscription Fee based on the Plan they choose for the Services. The Subscription Fees are (a) payable and due in full immediately 30 days prior to the Subscription renewal. The customer authorizes FCC to bill and automatically charge the Subscription Fee. The customer must notify FCC of any changes to their payment account information, either by updating their Account or via email to info@fcc.inc.

7.2 DELAYED PAYMENTS/NON-PAYMENT OF SUBSCRIPTION FEES AND ONE-OFF CHARGES

If FCC does not receive payment for the Subscription Fees by the due date, the CUSTOMER shall be notified of the non-payment. FCC must receive payment within a maximum of thirty (30) days from the date of the notice. Failing this, and in addition to other remedies available under law, FCC may (a) charge interest for late payment at 1.5% per month on the outstanding balance, (b) suspend access to and use of the Services until payment towards the outstanding Subscription Fees has been received, and/or terminate the Subscription in accordance with these Terms

7.3 UPGRADES AND DOWNGRADES

The CUSTOMER may downgrade their subscription by providing notice of the downgrade 30 days before the following billing cycle. However, if the customer’s current plan is a bespoke plan, they may not switch to a self-serve plan. In the event of an upgrade, the new Subscription Fees shall become immediately applicable. Upon upgrade, the new Subscription Fees for the subsisting billing cycle shall be charged on a prorated basis and shall be payable. The subsequent billing cycle shall be charged in full according to the new Subscription Fees, and any credits shall be adjusted appropriately.

7.4 SUBSCRIPTION ON HOLD

EDI, SMS, and SME connectors are subject to FCC policies and procedures. FCC may place these subscriptions on hold for a fee of 100USD/EUR for a maximum of 12 months. After this period, the subscription shall automatically resume if it has not been canceled. A subscription may only be placed on hold once in its lifetime. Third-party software subscription used by FCC to provide customized solutions must be verified on a case-by-case basis, as they are subject to changes in their own Terms and Conditions

8.0 TERMINATION OF SERVICES AND SUBSCRIPTIONS

The CUSTOMER acknowledges that FCC may, without prior notice, immediately terminate, limit his access to or suspend the services and subscriptions provided. Cause for such termination, limitation of access, or suspension shall include but are not limited to: (a) breaches or violations of FCC Terms & Conditions, or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, discontinuance of some services, (d) extended period of inactivity (e) engagement by CUSTOMER in fraudulent or illegal activities, (f) the nonpayment of any fees owed by CUSTOMER to FCC. Further, the CUSTOMER acknowledges that all limitations of access and suspension for cause shall be made in FCC’s sole discretion and that FCC shall not be liable to CUSTOMER or any third party for any termination of your services and subscriptions.

Termination of your services and subscriptions includes any or all the following: (a) removal of access to all or part of the offerings within the FCC services and subscriptions, (b) deletion of your

password and all related information, files, and contents associated with or inside your accounts (or any part thereof) and barring any user from all or part of FCC services and subscription.

9.0 ENTERPRISE VERSION

Customers with this version will be migrated to a QBO version plus UNLEASHED or KATANA by the end of 2024 or to a self-managed solution.

Note: FCC can at its sole discretion change the above Terms and Conditions. The updated version will always be available on this page.

10.0 PRIVACY POLICY
This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in FCCGROUP. This policy is not applicable to any information collected offline or via channels other than this website.

Consent
By using our website, you hereby consent to our Privacy Policy and agree to its terms.

Information we collect
The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.

If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.

When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.

How we use your information
We use the information we collect in various ways, including to:

Provide, operate, and maintain our website
Improve, personalize, and expand our website
Understand and analyze how you use our website
Develop new products, services, features, and functionality
Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
Send you emails
Log Files
FCCGROUP follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services' analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.

Cookies and Web Beacons
Like any other website, FCCGROUP uses "cookies". These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.

You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers' respective websites.

CCPA Privacy Rights (Do Not Sell My Personal Information)
Under the CCPA, among other rights, California consumers have the right to:
Request that a business that collects a consumer's personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.
Request that a business delete any personal data about the consumer that a business has collected.
Request that a business that sells a consumer's personal data, not sell the consumer's personal data.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

GDPR Data Protection Rights
We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.
The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.