Taxley Protection Plan Terms
Taxley Protection Plan Terms
These terms were last updated: November 29, 2021.
Pardon the “legalese,” but we want to spell out the terms of our Taxley Protection Plan Member Agreement so everything’s clear.
Copyright © 2008-2021 Taxley, LLC All Rights Reserved.
You are entering into a legally binding agreement (“Agreement”) to purchasing access for one (1) Taxley Protection Plan (“Membership”) from Taxley, LLC (the “Company”, “Taxley”, “we,” or “us”).
As a provider of information and services related to IRS and state tax debt and compliance resolution, we are committed to making it easier for taxpayers to have access top quality and highly trusted tax debt and compliance help.
Registering for a Taxley Protection Plan means you agree to the terms and conditions of this Membership, as listed below.
If you DO NOT agree to these Terms please do not move forward with this registration.
PLEASE READ THESE TERMS CAREFULLY AS IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS.
As a member you will have access to Taxley.com (the “Site”) and our mobile applications, as they become available for download (the “Apps”).
The Site is designed primarily to provide general information about Taxley, its protection plan and resolution services, as well as its related affiliates and partners. Any Services described on the Web Sites may have exclusions, limitations, reductions in benefits and terms under which it may be continued in force or discontinued.
You must be 18 years of age or older to use this service and your eligibility for any product or service is subject to final determination by Taxley.
By becoming a Taxley Protection Plan participant (“Member”), you are agreeing to a month-to-month contractual agreement with Taxley, LLC for specified Membership services. The Membership covers your use of the benefits detailed below and hosted at Taxley.com and on its Apps.
- Scope of Membership.
We offer three levels of protection: Personal, Pro and Enterprise
The details of the Membership features are located at Taxley.com/Protection and Taxley has the right to change the Scope of Membership, at any time and at our sole discretion.
If the Scope changes, Members will be permitted to keep their then-current Scope through the end of their current payment term. Any changes would apply upon renewals.
The Membership year is each 365 days starting from your initial registration date. Example: If you purchase your membership on November 1, 2020, your membership will renew on or around November 1, 2021, unless you cancel. Your membership year is November 1, 2020 thru October 31, 2021.
- Membership Fees.
You are required to pay the one-time fee and the 1st month’s membership fee, at the time of registration (including all applicable sales and other taxes or fees). You are also required to provide us with a valid credit card or other payment method. All payments must be in U.S. dollars.
Unless you cancel, per our cancellation policy below, your payment method will be charged monthly, based on your membership level. If your payment declines, you will lose access to your Membership benefits immediately and until you reinstate your Membership. If your membership is inactive for more than 30-days, you may be required you to pay the one-time set up fee again.
- Audit Protection.
“Audit” means any IRS or State review, examination, investigation or verification of the information on your 1040 income tax return.
Items Needed refers to the information that our Enrolled Agent will need from you to be able to represent you in the event you receive a Notice. Items needed include: i) the IRS or State Notice; ii) a completed and signed IRS Form 2848 Power of Attorney and/or IRS Form 8821 Tax Information Authorization.
Members get unlimited access to our audit assistance support center and live audit workshops. As a highly confidential workshop, we prioritize protecting the privacy of those in attendance, so we limit access to our live workshops to only include members who are actively facing tax audits for which they’d like assistance. For access, members must submit a support ticket showing they are being audited.
Once you have been an active Member for at least 9 consecutive months, you will be eligible for up to 7-hours per membership year of 1-on-1 audit representation by an Enrolled Agent from our network. 1-on-1 Audit Representation time allowance based on membership level: Personal Members – up to 3 hours, Pro Members – up to 5 hours and Enterprise Members – 7 hours.
Only our technical staff or an Enrolled Agent from our network will have access to your tax information and will professionally represent you in case of an IRS or state tax audit related to your 1040, 1065 or 1120 Series returns, based on your member level.
Subject to you fulfilling your responsibilities as set forth below and the Protection Plan Limitations and Exclusions described below. We will:
- Assign an Enrolled Agent to manage your case,
- Develop a strategy with you for responding to the Audit or Notice,
- Handle all communications, in any form, with the IRS or State regarding Your Audit or Notice,
- Negotiate with the IRS or State through Appeals,
- Settle with the IRS or State when we have your approval to do so,
- Inform you as to your strategies and procedural options if your Audit results in additional tax, and you do not have the resources to pay the obligation in full when due.
Audit Assistance Limitations and Exclusions:
To be eligible for 1-on-1 audit representation with waived fees for up to 7-hours, the tax notice must have been received after you’ve purchased the Membership. Your audit representation does not include:
- Legal assistance, or representation in Federal or State Court, or Tax Court.
- Legal assistance in defending issues of civil or criminal fraud.
- Bookkeeping, reconciliation, record organization or accounting services.
- Representation beyond the specified time without additional fees.
Member discounts will not apply to audit fees beyond the waived audit representation fees.
Certain Audits, income tax return filings and associated issues of audit will be excluded, to include:
- Pre-existing conditions— Audits initiated prior to your Membership registration date.
- Large Businesses — Business entities with gross receipts exceeding $5 million and/or 5 partners/stockholders/beneficiaries/members.
- Ownership interest in other tax entities– If You have an ownership interest in a Corporation, Partnership, LLC, LLP, Trust, Estate, or Tax Shelter that has been contacted for an Audit and that entity is not a Member.
- Tax protestors– Anyone protesting the taxing of income on economic, religious, legal or constitutional grounds, or other frivolous claims.
- IRS Criminal Investigation (CI)– Anyone currently under investigation by IRS CI. We will cease performing audit representation services on any Audit joined by CI, and will exclude from the benefits of Membership any related Audit until completion of the CI. We will resume providing audit protection services on the Audit, if possible.
- Taxes Other Than Income Tax– This service is limited to the 1040 series, 1065 or 1120 Series. Payroll tax, sales tax, property tax, gross receipts tax, duty and local tax, estate and gift tax and compliance audits of pension and profit sharing plans are excluded from the Service.
- IRS Monitoring and Notice Support.
“Notice” is any written communication from the IRS or State income tax authorities.
Our notice support service allows Members to submit support tickets for help understanding any IRS or state tax correspondence received, so that we may analyze it, explain it to the Member and recommend next steps.
IRS monitoring allows Members to authorize Taxley to maintain a Form 8821, IRS Tax Information Authorization, on file with the IRS so Taxley can get IRS correspondence and monitor their tax account. This service is offered as a convenience, and we cannot guarantee that we will get the correspondence in a timely manner.
Member agrees that Taxley and its staff will not be held liable for any problems that arise because of missed or unreceived correspondence under this authorization.
Member agrees that they will be solely responsible for receiving and sharing with us, via our support ticket system, any correspondence received from the IRS and state tax authorities, if they want to Taxley to provide related support.
Taxley will withdraw this Form 8821 upon the end of the cancellation of membership or 60-days after a membership is inactive due to payment failure, unless the member requests it be removed sooner.
- Tax Debt Assistance
“Tax Debt” is any balance due to the IRS or state tax authorities for income, payroll or business taxes.
Members can attend our workshops related to their tax debt problems to learn how to fix their tax debt problems themselves. This service does not include 1-on-1 representation of your IRS and state tax debt matters. If you are unable or unwilling to resolve the tax debt matter on your own, through the guidance offered in our workshops, we will help you find a top Enrolled Agent in our network whom you can hire.
- IRS ID Theft Assistance
“Tax Identity Theft” is any IRS written communication indicating that the IRS cannot process your income tax return because one has already been filed in your name, unbeknownst to you.
Members facing IRS ID Theft problems can submit a support ticket to request assistance. Our member services team will file the relevant IRS paperwork to report the ID theft and obtain a PIN, so you can file your returns, get refunds and avoid additional years of ID theft dilemmas.
- Support and Communication.
All member support requests and communications MUST be made through the specified member channels, which are strictly: the support ticket, online calendar, or other specified web-based channels, as we do not provide inbound phone support for members, unless we are actively working on a tax resolution case for you.
When necessary, a call may be initiated by a member of our support team to address more serious matters with your tax account.
- Estimated Tax Analysis.
“Estimated Tax” is the amount of money paid to the IRS or state tax authorities through payroll withholding or direct manual payments (for entrepreneurs) for the current year estimated tax amount. Making these payments accurately can help you to prevent tax debt, avoid large refund when increasing your monthly income, and main any current tax resolution you’ve established.
Using your wage income, current Profit and Loss statement and other summarized income and expense documents, our member services team will provide Members with up to 2 estimated tax analysis computations each membership year. This will be accompanied by advice on how to update your payroll withholding or make timely tax payments.
- Unlimited Access.
Members will have unlimited access to purchases programs and free workshops. This access will include all updates and live workshops included in the program. Programs will continue to be available at Taxley’s discretion can be removed, updated and remain the same.
When using our programs, you will be required to adhere to the terms of participation.
- Member Discounts.
All members enjoy up to 15% off our tax investigation services and the tax defense services offered by our Enrolled Agent network. If you have a Personal Membership but would like a Pro level service, the Member benefit will be limited to 15% off the Personal level of that service. If you are a Pro Member and get would like a Personal or Pro level service, you will enjoy the full 15% off of that service.
Members must be logged into their portal when requesting service in order to receive discounted pricing.
- Use or Lose.
We can’t stress enough that timeliness is extremely important when working with Taxley. Unused Membership benefits, as described in the ‘Scope of Membership’ above, do not roll over with your membership renewals, extend beyond deadlines or membership cancelation. Services included in your membership that are not used during your membership term, or within the timeframe offered, will be forfeited.
- Consultations and other Services.
All Services, outside of member benefits, provided by Taxley or its network of professionals, excluding consultations, require your agreement to the terms relevant to that service as provided by the service provider.
Membership in and of itself does not equate to a consultant-client relationship.
- Limited Use.
Your membership use is non-exclusive, non-transferable, and may not be sub-licensed. This means the membership is limited to you, and your spouse, if you file joint returns, and your business, with you as the point of contact, if you are a Pro or Enterprise member.
As a result, you may not share your password or allow access to your member benefits with any other person or entity, including non-eligible family members, friends, business partners or your employer.
- Refund Policy.
We offer a 7-day refund, provided you have not used any member benefits and did not complete the onboarding form. When canceling within the first 7 days after registering, you will receive a full refund less a 25% administrative fee.
- Cancellation Policy.
You may cancel your membership at any time, and you will continue to have access to your member benefits through the end of the billing cycle.
If you choose to cancel your Membership, you must do so by completing the cancellation form within your portal at https://taxley.com/account/subscriptions. We cannot accept another form of cancellation. Cancellation must be requested prior to your billing cycle to avoid a non-refundable renewal.
If you cancel within the terms of our Refund Policy above, your membership access will terminate immediately.
Taxley is committed to providing all Members and clients with a positive experience. If you fail, or we suspect that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the Membership without refund or forgiveness of payments; and/or (b) terminate this Agreement.
In the event legal action is necessary to remedy any breaches against us, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees, travel costs and related expenses.
- Protecting Your Privacy.
We use your information to deliver the Membership and Services to you. We do not share, sell, or otherwise give your information to another company or organization. We do however use third-party vendors, partners and affiliates that provide us with services such as credit card processing, portals or related that allow us to provide services to you. Through their policies and terms, we are assured that the protection of your information is as important to them as it is to us.
- Interruptions in Service.
You understand that your access to the website may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. We will use all commercially reasonable efforts to make the website and any of our apps are accessible, subject to routine maintenance, but do not guarantee that the Site or Apps will be accessible 24/7/365.
You understand that the information you learn from Tea with Taxley, our blogs, our consultations and the like, as offered through your Membership and elsewhere, are not meant to render formal legal, accounting, or other professional advice. This information is educational in nature – use at your own risk.
THE TAXLEY PROTECTION PLAN, THE SITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE MEMBERSHIP.
When addressing tax, business, and financial matters, we do our best to take all reasonable efforts to ensure that we accurately represent the Membership services so you can reach your goals. However, the Company does not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in the Membership or on the Site is a promise or guarantee to you of your results, savings or future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE MEMBERSHIP IS AT YOUR SOLE RISK. By purchasing access to the Membership, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your tax resolution results, financial stability, business profit and performance, or results of any kind. You alone are responsible for your actions and results in life, which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business and financial savvy, network, and financial situation, to name just a few.
You also understand that any testimonials or endorsements by our clients have not been scientifically evaluated by us and the results experienced by individuals may vary significantly.
Any statements outlined on our websites, app, social media and during the rendering of a Membership service, are simply our opinion and thus are not guarantees or promises of actual performance.
- No Waiver.
The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.
- Class Action Waiver.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PORPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Equitable Relief.
You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal, business and subject matter jurisdiction of the federal, state and local courts in the State of Ohio, Butler County, for purposes of any such action by your or the Company.
The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Membership. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Membership will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Site or you may be notified by either e-mail or postal mail. If you have any questions, please contact us by email from within your member portal or at email@example.com.
You agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of the Membership and Services. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
- Maximum Liability.
In the event that any of the foregoing limitations and disclaimers are ineffective, you agree that our maximum liability to you shall be the total of one month’s membership fees that you have paid to us in connection with your access to the Membership. The remedies available to you against us under this agreement are exclusive.
- Resolution of Any Disputes.
You agree that any dispute arising from, relating to or in any manner connected with Taxley, its officers, or it’s owned or affiliate entities shall be construed under and resolved in accordance with the laws of the State of Ohio, exclusive of its choice of law principles. Any such dispute shall be litigated only in the local, state, or federal courts of Ohio, in or nearest to Butler County.
- Notices. Send notices to:
9078 Union Centre Blvd #350
West Chester, OH 45069