This Terms of Service Agreement (“Agreement”) is a contract between you and Tax Defense Partners, LLC (“TDP”) and/or its subsidiaries and affiliates, whereby you agree to retain the services of TDP for preparation of your 2015 Federal and State Individual Income Tax Return (“2015 Return”). This Agreement should be read thoroughly and carefully, as the purpose is to outline your rights and responsibilities and the involvement and commitment to you from TDP.
You agree that it is your responsibility to provide TDP on a timely basis with all of the information required to complete your tax return, when and as requested by TDP, starting with promptly completing and returning to TDP the “Virtual Tax Organizer” (“VTO”) that TDP will forward to you. You attest that you will provide true, correct and complete information to the best of your knowledge regarding your income, which may be provided by the following methods: information on any tax forms; information listed on a VTO or any supplementary questionnaire or directed email, verbal communications, or any documents or statements transmitted through any form of electronic communication.
You understand that it is your sole responsibility to provide any and all expenses in a clear manner, and that you have receipts or other documentation to substantiate any expense claims in the event that the Internal Revenue Service (“IRS”) should request it. You agree that TDP will not be auditing these receipts, nor will TDP be doing any form of bookkeeping, unless otherwise agreed to separately by both parties in writing. You will retain for 4 years, all documents, receipts, cancelled checks and other records required to substantiate the items of income and expenses. You are ultimately responsible for the accuracy of the 2015 Return and should review carefully before signing. TDP will not be responsible for any penalties imposed as a result of an understated tax liability.
You agree to provide any requested records needed in order to complete the 2015 Return. TDP will return to you original records upon completion of your tax filing; yet, it is recommended that you provide photocopies to prevent your data from being lost. TDP is not responsible for any lost, damaged, or stolen records.
You understand that you must furnish to TDP all information necessary to prepare your tax filing no less than 30 days prior to the expected delivery date of the 2015 Return. Although we will endeavor to extend the due date of your 2015 Return, if it is not complete by the filing deadline, you will be responsible for any penalties as a result of delay on your part.
As a client you commit to contacting us immediately if you discover additional information that would result to a change in your 2015 Return. Also, you agree to contact us immediately if you receive any correspondence from the IRS related to the 2015 Return. You understand that should TDP be required to assist, handle or respond to any IRS communications, you, the client, may be subject to additional fee(s).
FEES
The tax preparation fee that we will charge and you will pay covers the following services:
Tax preparation appointment and preparation of your 2015 Federal and State Individual Income Tax Return;
Electronic filing of the federal return; and
A PDF and paper copy of the 2015 Return for your records;
As a client of TDP, you are agreeing to additional fees for additional services, which include but are not limited to the following:
If you request an additional copy of your tax return – whether hard copy or electronic, we will charge you at a rate of $25 per year per copy.
If your tax situation changes after you have provided to us information that you have previously indicated to us was complete, and you need a consultation or review of your upcoming tax return, TDP reserves the right to charge a minimum fee of $75.
If you require bookkeeping assistance, TDP reserves the right to decide whether or not to assist in organizing your records to prepare your 2015 Return. Should TDP agree to organize your records for the 2015 Return, you agree to be charged at a rate of $50 per hour.
If you request that a copy of your 2015 Return be released to a 3rd party, we must have your express written consent. TDP will then supply the copy at a rate of $25 per year per copy.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS. ARBITRATION NOTICE AND CLASS ACTION WAIVER – YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND TDP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAW SUIT OR CLASS-WIDE ARBITRATION.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND TDP (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH TDP, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS MEMBERSHIP AGREEMENT, YOUR USE OF TDP SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JUDICIAL ARBITRATION AND MEDIATION SERVICES (“JAMS”) STREAMLINED ARBITRATION RULES AND PROCEDURES, AND YOU AND TDP HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND TDP WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. You may bring claims only on your own behalf. Neither you nor TDP will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINS US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if TDP is a party to the proceeding. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before one arbitrator. If the parties cannot agree to an arbitrator within thirty (30) days of the date the demand for arbitration is filed, JAMS shall be empowered to make the selection. The costs of the arbitration, including the arbitrator’s fees and expenses, shall be borne equally by the parties to the arbitration, unless the arbitrator orders otherwise. Each party will pay its own expenses and attorney’s fees. The arbitration shall be binding with no right of appeal. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The purpose of this clause is to streamline and simplify the process.
The arbitration shall be commenced by filing a demand for arbitration with the administrator of JAMS and serving the demand on the opposing party. The responding party may file a response and/or a counter-claim within fifteen (15) days. If no response is filed, all the allegations of the demand shall be deemed denied.
IN NO EVENT SHALL TDP, NOR TDP’S DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR MARKETING PARTNERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00.