TERMS OF SERVICE
Last Updated May 31, 2020
The following Terms of Service governs the tax and financial services provided by Taxley, LLC (the “Service”) and constitutes an agreement between You, and your spouse and business, as applicable, (“Client”, “You”, “Your”) and Taxley, LLC (“Company”, “Consultant”, “We”, or “Us”), the provider of the Service.
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 guarantee that at all times we will work in your best interest, preparing accurate returns to keep you compliant with your tax filings and implementing the best possible federal and state tax resolution strategy(ies).
BY USING ANY TAXLEY SERVICE YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, and consent to the terms and practices disclosed within all of our Terms and Policies, which can be found at Taxley.com/terms-policies. In the event of any conflict between these Terms of Service and the Terms and Policies, these Terms of Service shall control.
- All fees are non-refundable and are considered earned in full upon receipt.
- We accept cash, certified funds (i.e. money orders and cashier’s checks) e-checks/ACH payments, bank wire transfers and credit/debit card payments.
- Payments by credit or debit card will incur a 3% processing fee.
- Where applicable, payment plans are offered as a courtesy and finance fees are applied.
- Payment plans must be set up as an automatic debit.
- Consultant’s work will reflect the percentage of payment received and Consultant will not submit paperwork to the tax authorities until at least 60% of Client’s invoice total has been received.
- If Client is more than 14 days late on one payment, or Client is three days or more late on two or more payments, 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, Consultant may terminate services and no refund will be issued.
- Client understands that services are based on a flat fee and a limited time schedule that assumes Client will meet communication and correspondence deadlines and follow recommendations.
- Client understands that fees may increase should workload increase, Client causes delays in service or if Consultant has to make repeated request for information. Additional fees are billed at $300/hour in 30-minute increments. All fee increases must be paid prior to moving forward with services.
- Making Client’s timely response to provide information requested essential to giving us the best opportunity to complete services effectively and within the time frame described below.
- Fees are non-refundable, however if client cancels services and requests a refund that is authorized by law, client understands all refunds will be reduced by $300/hour for services rendered and the Consultants time used to provide services.
SECURE CLIENT PORTAL
- Client will be provided with a secure, personalize online portal, from which the Client and Consultant can share confidential documents and messages with each other.
- Client understands that only relevant Taxley staff will have access to Client’s private information, as provided in the portal.
- Client understands that using the portal system will be the fastest way to communicate and send documents, which will help Consultant use their time more efficiently and provide services more quickly.
- Client agrees to using the secure portal system as much as possible, however Client may send documents and communication by email, fax and regular mail with the understanding that those may not be the most secure ways to provide confidential information to Consultant.
- Client agrees to download all of their documents (to keep for their records), as located in their portal within 30 days of being notified, in writing by the Company’s staff or Consultant, of the completion of their services. If Client fails to download this information during the allotted 30 days and later requests that the Consultant retrieve and send the information, Client may be charged $99 for such retrieval and re-submission, plus any additional costs for printing and shipping, if applicable.
TAX ACCOUNT INVESTIGATION TERMS
- Client must sign the requested POA, as provided and requested by Consultant, which authorizes Consultant to communicate with the tax authorities on Client’s behalf.
- The verbal Tax Account Investigation Review will last up to one hour and may be reiterated in writing and delivered via email.
- All Tax Account Investigation services must be completed within 14 days from the date of signing Client registers for services, unless otherwise agreed in writing.
- If Client is unavailable for the Tax Account Investigation Review within 10 days of Consultant requesting the review meeting, Consultant will email the results of the analysis to the Client as a completion of services.
- When a verbal Tax Account Investigation Review cannot be completed, the written submission of the Tax Account Investigation Review to the Client will serve as the completion of the Tax Account Investigation service, with Consultant having no additional responsibilities to the Client as it relates to this service agreement.
- Upon completion of services, Consultant will revoke any Federal and State authorizations granted to the Consultant as a part of this agreement, unless Client engages Consultant for tax representation work through a separate agreement.
- This Service does not include tax resolution, tax representation or tax preparation.
- This Service is provided only to investigate the Client’s tax account(s) and inform Client of outstanding compliance issues to advise Client as to best strategies for resolving tax compliance problems.
- Client will have the option of entering into a separate agreement for formal tax problem presentation, resolution and tax preparation services.
- If Client chooses to hire Taxley for tax resolution services within 30-days of registering for a Tax Account Investigation, the Client’s tax resolution fee may be reduced by the amount of their tax account investigation fee.
TAX PREPARATION TERMS
- Client agrees to provide Consultant with all requested paperwork within 14 days from the date of the request, unless otherwise agreed in writing (email is acceptable).
- Client understands that all tax preparation services are to be completed within 30 days from the commencement of services, unless otherwise agreed in writing.
- Client understands that we do not prepare city returns, unless the service is specified in their “Scope of Work.”
TAX RESOLUTION TERMS
- Tax resolution services are all -inclusive, with exceptions as detailed at https://taxley.com/defense
- Client understands that tax resolution requires deadlines to be met, with no exception.
- Client agrees to provide Consultant with all requested paperwork within 7 days from the date of the request, unless otherwise agreed in writing (email is acceptable).
- Client understands that all tax resolution related paperwork (i.e. past due returns, financial documents, payment plan strategy, etc.) must be submitted to the tax authorities within 30 days from the commencement of services, unless otherwise agreed.
- Client understands that we work within the confines of the federal and state tax laws to represent them and negotiate terms in their best interest.
- Once Client has signed a Power of Attorney, Client understands that they are not to make contact with the IRS or state tax authorities, as applicable, other than to inform them that they are being represented and to provide Consultant’s contact information. Otherwise, Client understands that their service agreement can be terminated, as their unauthorized communication with the tax authorities may undermine the Consultant’s resolution efforts.
ADDITIONAL TERMS OF SERVICE
- Client understands that Client delays can trigger a non-refundable termination of services and that there may be a reinstatement fee if Client later decides to continue with services.
- Client agrees to allow Consultant’s use the information from their tax return to offer and provide additional services agreeable to the client (i.e. tax planning, tax resolution, financial management consulting, business consulting, etc.).
- Because we work with clients remotely, we will primarily communicate via phone, video conference, email, fax and our secure client portal system. If necessary, you may mail a COPY your information to: Taxley, LLC Attn: Anisha Bailey, EA 55 S. Pioneer Blvd. #498 Springboro, OH 45066. Mailed paperwork will NOT be returned, only send copies, not originals.
- 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 email or phone.
- Client understands this agreement can be terminated without refund if Client is consistently unresponsive, late on payments or jeopardizes services due to non-compliance with Consultant 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 Consultant of any changes.
- Should there be any error by the Consultant, the Consultant, at no additional charge, will make any necessary adjustments (e.g. amend returns) to correct errors. Client will have up to three (3) years, from the date the error was filed with the tax authorities, to make a claim to correct any errors under this agreement.
- 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. Client agrees to hold Consultant harmless such that Consultant will not be liable or responsible for any claims or damages from whomsoever arising out of or attributable to the operations or performance of services for or on behalf of the Client by Consultant. Where applicable, Consultant will however provide ongoing support to make sure Client meets goals consistent with this agreement.
- Client understands that neither Taxley nor the Consultant makes any guarantees regarding the outcome of their tax refund, tax debt or tax resolution case prior to the completion of services.
- 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, Warren 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 Warren County in the State of Ohio, without regard to conflict of law principles.
- 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 unless made in writing, 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, 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.
Accepting this agreement and moving forward with services means, Client agrees that they have reviewed, understand and accept the terms of service above and have the authority to accept these terms for all party(ies) named or indicated in this agreement. This agreement supersedes all prior agreements relating to the above scope of work.