TERMS OF TAX CONSULTING SERVICES

These terms were last updated: January 4, 2024.

Your (“Client,” “you”) registration for tax services enters into a legally binding agreement with Taxley, LLC (“Taxley,” “Consultant” “We,” “Us,” “Our”), an Ohio Limited Liability Company headquartered at 4555 Lake Forest Dr. Ste. 650 Blue Ash, OH 45242.

Registering for tax services, referred to below as the “Services” means you agree to be bound by these Terms of Service, as described below, AND our Terms of Use (https://taxley.com/terms-policies/use) and Privacy Policy (https://taxley.com/terms-policies/privacy), collectively known as the “Agreement.”

In the event of any conflict between these Terms of Service and the Terms of Use or Privacy Policy, these Terms of Service shall control.

THE TERMS OF USE, AS PROVIDED ABOVE, CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM AT https://taxley.com/terms-policies/use.

IF YOU DO NOT AGREE TO THIS AGREEMENT IN ITS ENTIRETY, DO NOT COMPLETE THE REGISTRATION PROCESS.  A general reference of this agreement will be located at https://taxley.com/terms-policies/services for your reference.

Our duty to you and our duty to the tax authorities are the same; to serve you fervently and thoroughly within the boundaries of the law. While we make no guarantees of the outcome you may receive, we do always guarantee that we will work in your best interest to keep you compliant with your tax obligations as we work to implement the best possible federal and state tax resolution strategy(ies).

SERVICE LEVELS:

Generally, Taxley offers three (3) service levels, which describes the types of tax accounts to be served under this agreement:

  • Personal Level services are designed for individual and joint filing taxpayers only – business related services are not included.
  • Pro Level services are designed for individual and joint filing taxpayers who are sole proprietors, independent contractors, investors, and/or landlords with no payroll or sales tax filing requirements.
  • Enterprise Level services are designed for business entities only, e.g. Partnerships, S-Corps, C-Corps, and/or Non-Profits, and LLCs/Sole Proprietorships with payroll and/or sales tax filing requirements.

TIMING

Client understands:

  • Time is of the essence with working with us.
  • Services are charged on a flat fee basis, based on a limited amount of time allocated to provide the Services, which requires timely participation from the Client and Consultant.
  • Consultant will provide a service outline, follow-up call schedule, and client responsibility schedule to ensure services are provided timely.
  • As applicable, all POAs must be signed and returned to Consultant by the due date provided by Consultant, no later than 3-days after Consultant sends Client POAs and request for signature notice.
  • At Taxley’s discretion, the Consultant may terminate services if the Client doesn’t submit the signed POA(s) and state ID(s) within 30 days of registering for the Service.
  • Services are limited to our “One-time Service Preparation” policy.  Our “One-time Service Preparation” policy allows us to do the work needed to prepare your documents and provide services (including meetings and phone calls) needed to complete the service once.  Should the work need to be redone, updated, or re-evaluated for any reason, additional fees will be charged.

Timeliness is one of the Company’s core values. It is the Client’s responsibility to be responsive and provide information timely, in order to receive the best Service at the lowest cost.

FEES 

Client understands:

  • Fees are non-refundable past the period detailed below, per Service refund period.
  • Clients who cancel within the refund boundaries of their Service-related terms will receive a full refund, less all processing fees and a 20% administrative fee. Funds will be returned electronically or by mail.
  • We accept credit and debit cards, e-checks/ACH payments, cash, and certified funds (i.e. money orders and cashier’s checks).
  • Payments made by credit/debit cards will incur a non-refundable 3.5% processing fee.  ACH payments will not incur a processing fee.
  • Where applicable, payment plans are offered as a courtesy and administrative fees are applied.
  • Payment plans and our “Extended Service” fees, which are due monthly, must be set up as an automatic credit/debit card, or ACH payment if available.
  • The Consultant’s work will reflect the percentage of payment received and Consultant will not submit final resolution paperwork to the tax authorities until 100% of the Client’s invoice total has been received.
  • A late or NSF payment will result in a $150 fee plus the then current monthly payment plan admin fee, per occurrence. If the Client has more than one late or NSF payment, the Client may be required to pay the balance in full immediately and prior to Consultant continuing with services. If balance in full is not paid by the deadline specified by the Consultant, the Consultant may terminate services and no refund will be issued.
  • Services are based on a flat fee and a limited time schedule, as described above (see TIMING), that assumes the Client will meet deadlines set by the Consultant and follow recommendations.
  • Fees may increase should (i) workload increase, (ii) the Client causes delays in service, (iii) the Consultant needs to redo the work, or (iv) Consultant has to make repeated requests for information. Additional fees are generally at a flat rate, based on the circumstance. All fee increases must be paid prior to moving forward with services. As a result, the Client’s timely response to information requests is essential to giving us the best opportunity to effectively complete services within the original time frame and fee structure.
  • Additional fees will be charged when meetings are canceled within 12-hours of the meeting time, or when the Client is a no-show. Fees must be paid before scheduling a new meeting.
  • Fees are non-refundable, however, if the Client cancels services and requests a refund that is authorized by law, the Client understands all refunds will be reduced by the value of the work the Consultant performed or attempted to perform.

SECURE CLIENT PLATFORM 

Client understands:

  • The Company will provide the Client with a secure, online platform from which the Client and Consultant can share confidential documents and secure messages with each other.
  • Only relevant Company staff, and authorized third parties, will have access to the Client’s private information.
  • Using the portal system will be the fastest and safest way to communicate and share documents with the Consultant.
  • They will be required to use our secure platform as much as possible, however, the Client may send documents and communication by email, fax, and regular mail, at their own risk, and with the understanding that those methods may not be the fastest or most secure; and these methods may delay services resulting in additional services fees.
  • The Client agrees to download all documents, as applicable, from the Company’s secure platform within 7-days of being notified, in writing by the Company’s staff or the Consultant, of the completion of their Services. If the Client fails to download this information during the allotted 7-days and later requests that the Consultant retrieve and send the information, Client may be charged at least $199 for such retrieval and re-submission, plus any additional costs for printing and shipping, if applicable.

ADVISORY SERVICES: TAX AND FINANCIAL PLANNING

Clients understands:

  • The scope of work provided in this service: Includes, as applicable, personal financial analysis, business financial analysis, business and personal goal assessment, tax and financial planning strategy determination, and detailed Client review with implementation steps.
  • You will be required to complete a financial analysis form and submit the requested documentation so we can do our analysis and prepare your Service review.
  • The Service review will be held via Zoom, will last up to 90 minutes, and will be accompanied by a written review of our analysis for the Client’s records and future use.
  • All advisory services must be completed within 30-days from the date the Client registers for services, unless otherwise agreed in writing, or notified of delays outside of the Consultant’s control.
  • If the advisory service stalls past the 30-days, due to Client delays, the Company will: (i) charge a monthly fee to keep the case open and continue services or (ii) terminate services with no refund – timeliness is key.
  • If the Client is unavailable for the review via phone or Zoom within ten (10) business days of the Consultant requesting the review meeting, the Consultant will send the results of the analysis to the Client in writing via email to be kept for your records.
  • When a review cannot be completed within the time frame above, the written submission of the analysis will serve as the completion of the Service with the Consultant having no additional responsibilities to the Client as it relates to this Service.
  • This Service does not include the implementation of the strategy, tax representation, tax preparation services, etc., as additional services will require additional fees.

FRESH START GAME PLAN

Clients understands:

  • The scope of work provided in this service: Federal, and state, if applicable, compliance inquiry, resolution strategy determination, and detailed review with action steps to the Client.
  • You will be required to sign the relevant power of attorney(s) (POAs), as provided by the Consultant, so we can speak with the tax authorities on your behalf.
  • Service Refund Period: The Client is entitled to a full refund less all payment processing fees plus a 30% administrative fee if the Client cancels the Service (i) prior to their submission of their signed POA(s) to the Consultant or Taxley, or (ii) within 14 days after the Service payment (in part or in whole) was received, whichever is earlier. No refunds for this Service will be issued after this period.
  • The written game plan will be provided to the Client via our secure platform.
  • All Game Plan services must be completed within 30-days from the date you register for services, unless otherwise agreed in writing, or notified of delays outside of the Consultant’s control.
  • If the Game Plan stalls past the 30-days, due to Client delays, the Company will terminate services with no refund or charge additional fees to continue service – timeliness is key.
  • Once the Game Plan is complete Client may register for Fresh Start Coaching.
  • Upon completion of the Game Plan, the Client will have the option to upgrade to our Defense or Coaching services.
  • If the Client chooses not to upgrade, the Consultant will withdraw all federal and state authorizations granted to the Consultant as a part of this Service.
  • The Game Plan service does not include other services listed herein, as they would require additional fees.

DEFENSE TERMS

Client understands:

  • Fresh Start Defense (aka Defense) services are detailed at https://taxley.com/defense and specified on your itemized invoice.
  • The Client understands that this service includes up to 6-months of federal, and, if applicable, state tax defense, starting the day after the Client registers for services. 
  • Service Refund Period: The Client is entitled to a full refund less all payment processing fees plus a 30% administrative fee if the Client cancels the Service (i) prior to their submission of their signed POA(s) to the Consultant or Taxley, or (ii) within 30 days after the Service payment (in part or in whole) was received, whichever is earlier. No refunds for this Service will be issued after this period.
  • If the Client’s case is still active past the 6-month time period, the Client will be required to pay the applicable monthly “Extended Service” fee to continue with services, otherwise, the Company has the right to close the case “as is.”  Any exception will be at the sole discretion of the Company.
  • The Client understands the “Extended Service” fee is required in addition to any initial or additional service fees, and that this fee is not attributed to Defenses services, as it only allows the Consultant to keep the Client’s case open in our office when the service exceeds the 6-months of service allotted.
  • The Client understands that this service is limited to the “One-Time Service Preparation” described above (see TIMING). If the Client’s case requires repeated services the Client will be required to pay additional fees to continue with additional services. Any exception will be at the sole discretion of the Company.
  • When tax resolution is delayed due to normal IRS practices, e.g. Offer in Compromise (OIC) or Innocent spouse relief, consultant may put the case on hold to preserve some of the Client’s 6-months of service.
  • Once services are put on hold, the Consultant will limit communication with the Client to monthly check-ins, unless additional information is requested by the tax authorities.
  • Any request for a penalty abatement will be at the sole discretion of the tax authorities, and while we submit the penalty abatement in good faith, we make no guarantee of the outcome.
  • Any additional fees required to provide additional services will be communicated by the Company’s staff in writing.
  • This service does NOT include, among other things: tax preparation, tax planning, or the preparation and submission of an OIC, amongst other things – these services will require additional fees. 
  • This service requires that the Client and Consultant meet deadlines, with no exceptions.
  • If married filing separately, each tax account will require a separate service agreement and fee.
  • If the Client needs support with multiple state tax authorities, businesses, or real estate units (a rental unit equals 1 single family dwelling), additional fees may be required to incorporate the additional states, businesses, and/or rental units in the resolution.
  • If the Client has employee and/or sales tax-related resolution needs, there will be additional service fees.
  • They agree to provide the Consultant with all requested paperwork within 10 business days from the date of the request, unless otherwise agreed in writing (email is acceptable).
  • Once the Client has signed a Power of Attorney, the Client understands that may NOT contact ANY tax authorities, as applicable, other than to inform them that they are being represented and to provide the Consultant’s contact information. Otherwise, the Client understands that this service agreement can be terminated, as their unauthorized communication with the tax authorities may undermine the Consultant’s representation efforts.

OFFER IN COMPROMISE

Client understands:

  • The Consultant will only recommend the submission of an Offer In Compromise (OIC) when it is believed to be in the Client’s best interest, but it is ultimately up to the Client to decide if they would like us to pursue an OIC.
  • Service Refund Period: The Client is entitled to a full refund less all payment processing fees plus a 30% administrative fee if the Client cancels the Service (i) prior to their submission, in part or in whole, of their OIC supporting documents, as requested by the Consultant, or (ii) 14 days after the OIC payment (in part or in whole) was received, whichever is earlier. No refunds for this Service will be issued after this period.
  • Under no circumstances do we guarantee the outcome of any OIC or any tax resolution.
  • OICs are accepted at the discretion of the tax authorities, however, we will make every effort to present an approvable offer.
  • OICs require additional fees to the Company, which will be stated in writing upon our recommending the service.
  • To avoid defaulting on an accepted OIC, the Client is solely responsible for abiding by the terms of the OIC as provided by the tax authorities.
  • If before or during the preparation of the OIC Client is required to pay “Extended Service” fees, these fees will stop, and services will be put on hold once the OIC has been submitted to the relevant tax authorities and we have confirmed the OIC packet has been mailed.
  • Once services are put on hold, the Consultant will limit communication with the Client to quarterly check-ins, unless a service, in relation to the OIC is required.
  • Whether the OIC is accepted or denied, a resolution must be completed within 30-days of the OIC determination by the tax authorities. Otherwise, monthly “Extended Service” fees, if applicable, will resume after the 30-days, if the resolution has not been completed before then.
  • If it is necessary to reassess financials at any point in this process, additional fees may be required.
  • This service only includes the preparation, submission, and follow-up of the OIC. It does not include the offerings in our standard Fresh Start Defense services, as described at https://taxley.com/defense.
  • Additional fees may be required if the OIC is denied and the final resolution requires the Consultant to rework the case.

TAX PREPARATION TERMS

Client understands:

  • All tax preparation services require a separate fee, due at the commencement of the tax preparation service.
  • Service Refund Period: The Client is entitled to a full refund less all payment processing fees plus a 30% administrative fee if the Client cancels the Service (i) prior to their submission of the online tax organizer to the Consultant or Taxley, or (ii) 14 days after the Service payment (in part or in whole) was received, whichever is earlier. No refunds for this Service will be issued after this period.
  • Should there be any tax preparation error by the Consultant, the Consultant, at no additional charge, will correct their errors if the Client brings the matter to their attention within three (3) years from the date the error was filed with the tax authorities or provided to the Client, whichever is sooner.
  • All tax preparation documents must be received within 14-days of starting tax preparation services, unless otherwise agreed.
  • All tax preparation work must be completed within 30-days of the start of tax preparation services.
  • If the Client does not provide the requested tax preparation documents within the 14-days stated above, even if a later date is agreed upon, AND the tax preparation service exceeds the 30-day time limit, client will be required to pay a monthly “Extended Service” fee, starting on the 31st day after the commencement of services. This fee will continue until the tax preparation service is complete.
  • The Consultant will only prepare, sign, and file accurate tax returns in accordance with the law. If there’s a conflict between what the Client wants to file vs what the Consultant deems as accurate and within the boundaries of the law, the Client will not be entitled to the inaccurate return and no refund will be given should the Client decide not to have the Consultant proceed with filing accurate returns.
  • Making changes to already prepared returns, due to the Client changes, may result in additional fees.

THIRD-PARTY PREFERED PROVIDER TERMS

Client understands:

  • When working with third parties, the Client must provide authorization for the Consultant and the 3rd party to collaborate on the Client’s behalf.
  • When possible, for easier communication and upon authorization, the Consultant and the 3rd party will collaborate through the Client’s secure platform to keep all communications seamless and secure.
  • Software and service providers, whether used by the Company to serve Clients or used by Clients directly, have their own terms and policies, for which the Company is not responsible and cannot be held liable. It is up to the Client to seek clarity as to the software and services used by the Company and to gain an understanding of those related terms and policies.

ADDITIONAL TERMS OF SERVICE

Client understands:

  • Client delays can trigger additional fees and/or a non-refundable termination of services.
  • When services are terminated, the Client will have up to 6 months to restart services, however, a reinstatement fee will be required.
  • Because we work with clients remotely, we will primarily communicate via phone, video conference, email, fax and our secure client platform. If necessary, you may mail a COPY of your information to: Taxley, LLC Attn: Anisha Bailey, EA 4555 Lake Forest Dr. Ste. 650  Blue Ash, OH 45242. Mailed paperwork will NOT be returned, so ONLY send copies, NOT original documents.
  • To minimize our fees and reduce delays in processing your tax related information, we request that you reply to our communications within a maximum of two (2) days via our secure platform, email, fax, or phone.
  • This agreement can be terminated without refund if the Client is consistently unresponsive, late on payments, or jeopardizes services due to non-compliance with the Consultant’s recommendations and terms of this agreement.
  • All services will be performed based solely on the information provided by the Client and any relevant third party (e.g. Internal Revenue Service). It is the responsibility of the Client to provide accurate information and inform the Consultant of any changes.
  • The Consultant is not responsible for consequences that result from the Client not following the process(es) as provided during services or for any omission of information, whether written or verbal. The Client agrees to hold the Consultant harmless such that the Consultant will not be liable or responsible for any claims or damages arising out of or attributable to the Client not adhering to the Consultant’s recommendations, guidance or provided deadlines. Where applicable, the Consultant will work to provide ongoing support to make sure the Client meets goals consistent with this agreement.
  • Neither the Company nor the Consultant makes any guarantees regarding the outcome of Service.
  • All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration or other procedure in the state of Ohio, Hamilton County. If an arbitration, it shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. An award of arbitration may be confirmed in a court of competent jurisdiction.
  • All agreements, and the respective rights and obligations of the parties herein, shall be governed by, and construed in accordance with, the laws of Hamilton County in the State of Ohio, without regard to conflict of law principles.
  • Your privacy is very important to us; therefore, we do not share any of your confidential information without your express written consent and within the boundaries of our Privacy Policy. https://taxley.com/terms-policies/privacy
  • Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us, and no such waiver shall be construed as a waiver in any other or subsequent instance. 
  • Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter above, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. 
  • The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

By registering for services under this Agreement, you agree that you have reviewed, understand, accept the terms of service above, and have the authority to accept these terms on behalf of all individuals and entities indicated in the registration form and indicated in this Agreement.