Terms & Conditions

Agreement Between User and Rockwater Technology, LLC

The W9manager website (the “Site”) is a product of Rockwater Technology, LLC (“Rockwater”). It is comprised of various web pages operated by Rockwater. W9manager.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of w9manager.com constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference.

W9manager.com is an E-commerce Site

We provide users the ability to create an online, electronic W-9 form and share that form with anyone.  In addition, users can manage all their W-9s in one place, request electronic W-9s from others and determine the 1099-MISC reportability of vendor payments.   

Privacy

Your use of w9manager.com is subject to Rockwater’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications 

Visiting w9manager.com or sending emails to W9manager constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.  

You also understand that W9manager allows the user to complete IRS Form W-9 electronically and requires that an electronic signature be used to sign the form.  You agree that the electronic signature appearing on the electronic Form W-9 are the same as a handwritten signature for the purposes of validity, enforceability and admissibility.

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Rockwater is not responsible for third party access to your account, whether that results from theft, or misappropriation of your account, permission by you or otherwise. Rockwater and its associates reserve the right to refuse or cancel service, terminate accounts or remove or edit content in our sole discretion.

Rockwater does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under eighteen (18), you may use w9manager.com only with permission of a parent or guardian.

Services Provided

One of the primary services provided on w9manager.com is the creation, communication and storage of electronic W-9s.   We provide a final W-9 form for your complete review before it is signed.  You understand and agree that you have read and understand all the pertinent IRS regulations related to completing and signing a W-9 form.   In addition, you understand and consent to the continued and indefinite use by third parties of any W-9 form that you send or authorize use of.  An electronic W-9 form cannot be permanently deleted from use on W9manager until all third parties have deleted it from their account on W9manager.  In addition, electronic W-9 forms sent to third parties that are not users of W9manager are outside of Rockwater’s ability to affect once sent. 

Rockwater provides a cloud-based service to assist you in requesting W-9s electronically from your payees and creating and sending electronic W-9s to your payers.   We summarize the vendor information gathered during the W-9 creation process to assist you in determining whether payments made to that vendor are likely 1099-MISC reportable.  However, you understand that the information we provide is general in nature.  Application of tax law can often be context-sensitive and could be incorrect.   You bear the full responsibility for determining whether your vendor payments are reportable on a 1099 or other IRS form.  In addition, you understand that the reportability guidance provided by W9manager is generally focused on Form 1099-MISC, although we do point certain payment types to other 1099 forms.  Other 1099 forms are outside the scope of W9manager.  Also, the guided review is not intended for the financial and securities industries that has very specific regulations.  

When processing 1099s you understand that Rockwater is not responsible for any information reported to the IRS and you acknowledge that you are fully responsible for this information.  You acknowledge that you are fully responsible for all withholding on vendor payments, determining whether vendor payments are reportable and reviewing/approving all 1099 information. You also acknowledge that our customer service representatives, employees and websites cannot provide any tax advice unless this is expressly stated.  

Payment Terms

Free Trial. Rockwater offers new, registered users a 14-day free trial period for use of the Site. During the free trial, the user may request W-9s from its payees (“Requests”) or upload existing W-9 forms to store centrally and review reportability (“Uploads”); provided, however, that the total of Requests and Uploads during the free trial period shall not exceed ten such Requests and/or Uploads. Once the limit for such Requests and Uploads is reached, the Site automatically will discontinue the user’s ability to submit further Requests or make further Uploads unless and until the user elects to request and pay for continued use of the Site and provides Rockwater with authorization to use a valid credit card of the user to charge for Site usage.  The user will need to select the Yearly Terms desired and an annual maximum for the total of Requests and Uploads, with different pricing for the different levels of maximum use.  (Note: Upload functionality is not yet available.)

Yearly Terms: Site access and usage is billed in advance on a yearly basis and is non-refundable. There will be no refunds or credits for partial periods of service, upgrade/downgrade accounts, or for periods of time unused with an open account. The customer may, during the service period, elect to upgrade to a higher level of maximum use. In such event, the user will be charged a prorated portion of the higher access and usage fee for that level of maximum use for the remainder of the service period.  The free trial offer entitles new, registered users to a one-time free trial usage of W9manager.  

All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.

Termination of Services

Upon termination of a user’s right to usage of the Site for Requests and Uploads, either by expiration of the service period or otherwise pursuant to this Agreement, the user shall have access to the Site for ninety (90) days to review and download all W-9s and other information of the user stored on the Site. At the end of the 90-day period, Rockwater will discontinue the user’s access to the Site and shall permanently delete all of the user’s W-9s and other information stored on the Site.  W-9s provided to other users will not be deleted. 

Modification to Fees and Services

Rockwater reserves the right to modify, suspend, or discontinue service at any time for any reason with or without notice. Rockwater reserves the right to change service fees upon 30 days notice from Rockwater. Such notice may be provided at any time by posting the changes to the W9manager Site (w9manager.com).

Satisfaction Guarantee

We guarantee complete satisfaction. If you are not satisfied at any time you may request a full refund.  Please contact us at support@w9manager.com with any questions.

Links to Third Party Sites/Third Party Services

W9manager.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Rockwater and Rockwater is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Rockwater is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Rockwater, of the Site or any association with its operators.

Certain services made available via w9manager.com may be delivered by third party sites and organizations. By using any product, service or functionality originating from the w9manager.com domain, you hereby acknowledge and consent that Rockwater may share such information and data with any third party with whom Rockwater has a contractual relationship to provide the requested product, service or functionality on behalf of w9manager.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use w9manager.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Rockwater that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Rockwater or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. W9manager.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Rockwater and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Rockwater does not grant you any licenses, express or implied, to the intellectual property of Rockwater or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).  You agree to use the Communication Services only to post, send and receive messages and material that are lawful and proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.

Rockwater has no obligation to monitor the Communication Services. However, Rockwater reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Rockwater reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Rockwater reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Rockwater’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Rockwater does not control or endorse the content, messages or information found in any Communication Service and, therefore, Rockwater specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Rockwater spokespersons, and their views do not necessarily reflect those of Rockwater.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to W9manager.com

Rockwater does not claim ownership of the materials you provide to w9manager.com (including feedback and suggestions) or post, upload, input or submit to any Rockwater Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submissions you are granting Rockwater, our affiliated companies and necessary sublicensees permission to use your Submissions in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submissions.

No compensation will be paid with respect to the use of your Submission, as provided herein. Rockwater is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Rockwater’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by Rockwater from its offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws and regulations applicable to your location. You agree that you will not use the Rockwater Content accessed through w9manager.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Rockwater, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement,  or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Rockwater reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Rockwater in asserting any available defenses. 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ROCKWATER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ROCKWATER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ROCKWATER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROCKWATER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ROCKWATER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction/Choice of Law and Jurisdiction

Rockwater reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia without application of its conflict of laws principle. You hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to this Agreement or the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rockwater as a result of this agreement or use of the Site. Rockwater’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Rockwater’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Rockwater with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Rockwater with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Rockwater with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Rockwater reserves the right, in its sole discretion, to change the Terms under which w9manager.com is offered. The most current version of the Terms will supersede all previous versions. Rockwater encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Rockwater welcomes your questions or comments regarding the Terms:

Rockwater Technology, LLC

10 Glenlake Parkway, South Tower Suite 130

Atlanta, GA 30328

support@w9manager.com

Effective as of January 1, 2019