Thank you for your interest in participating in Upside Financial’s Payroll Protection Program Loan Forgiveness Program (“PPP Advisor Pro”, “the Program”). This PPP Advisor Pro Participant Agreement is a legal document being executed between you and The Upside Travel Company, LLC (dba Upside Financial) (“Upside”).
As a participant in the PPP Advisor Pro, Upside will assist you in preparing your PPP Loan Forgiveness Application. We may provide you with software or other resources, including access to customer service agents and professional Certified Public Accountants, to assist you in gathering the information and documentation needed to prepare your PPP Loan Forgiveness Application. You represent that the information you are providing is accurate and complete to the best of your knowledge, and that you have disclosed to us all relevant facts related to your PPP Loan and associated PPP Loan Forgiveness Application. We will not verify the information that you provide to us: however, we may ask for additional information or for clarification of information.
You should retain all documentation and other information that form the basis of your PPP Loan Forgiveness Application. These may be necessary to prove the accuracy and completeness of your PPP Loan Forgiveness Application should it become subject to audit, and Upside is not responsible for maintaining those materials for you. You have final authority and responsibility for your PPP Loan Forgiveness Application and you should review it carefully before you sign and submit it to your lender or the lender servicing your loan, including the attestations and certifications you are making.
Please read the entire agreement before you sign and agree to participate. By agreeing to participate in the PPP Advisor Pro, you are agreeing to:
+ Assemble and provide to us all of the requested information and documentation to complete your PPP Loan Forgiveness Application;
+ Ensure that the information and documentation that you provide is accurate and complete to the best of your knowledge;
+ Respond in a timely manner (generally within 24 hours) to inquiries and questions from Upside’s customer service agents, and / or our partnering CPA firm(s);
+ Provide the types of feedback requested and respond to our product surveys;
+ Give Upside all rights to use any product feedback you submit.You further agree that Upside is not your agent or authorized representative, and does not represent you or interact on your behalf with your lender or the Small Business Administration (“SBA”).
You are responsible for communicating with and providing all required information to your lender and the SBA, and for the accuracy and completeness of the information you submit. You agree to indemnify Upside from and against any third party claims, liabilities, costs and expenses, including attorney’s fees, related to such information, except as provided under Upside Financial’s PPP Advisor Pro Guaranty (https://upsidefinancial.com/ppp-advisor-pro-guaranty
). You acknowledge that you are responsible for implementing and responding to any lender or SBA requests to modify, update, delete, clarify or add to any information you have submitted. Upside can assist you in answering questions you receive about your PPP Loan Forgiveness Application upon request.
Upside warrants that its work on your PPP Loan Forgiveness Application is accurate based on the information you provide as described in Upside Financial’s PPP Advisor Pro Guaranty (https://upsidefinancial.com/ppp-advisor-pro-guaranty
). However, your lender and the SBA will make the final decision whether all or a portion of your PPP Loan Forgiveness Application is approved. Upside cannot guarantee that your lender and the SBA will accept your application or approve it, as full or partial denials may occur due to circumstances beyond Upside’s control. You waive any claims or liability against Upside for such denials.
You or Upside can terminate your participation in the PPP Advisor Pro with 15 days notice. If either Upside or you terminate your participation in the Program, we will destroy any copies of your personal data that we may have made, in digital forms, written forms, and on our servers, within thirty (30) business days. If Upside terminates your participation in the Program for any reason, including if we terminate or suspend the entire PPP Advisor Pro, once we destroy your personal data, including any copies, we will have no further obligations to you, including no obligation to complete your PPP Loan Forgiveness Application, or to provide ongoing support related to your PPP Loan Forgiveness Application.
Our fees for providing our PPP Advisor Pro software range from $249 to $3,000, depending on the time required and complexity of assembling and completing your PPP Loan Forgiveness Application. Our invoices are due upon receipt. You agree that you are responsible for paying Upside’s fees (not your lender or the SBA), and that you may not use and are not using PPP Loan proceeds to pay for Upside’s PPP Advisor Pro services.