These terms were last updated: January 2, 2022.

Pardon the “legalese,” but we want to spell out our Service Agreement so everything’s clear.

Copyright © 2008-2022 Taxley, LLC All Rights Reserved. 

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 to keep you compliant with your tax obligations as we work to implement 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 AnishaBailey.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.

TIMING

Client understands:

• All onboarding forms must be completed within 2-days of registering for services.
• 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.
• All Taxley’s Federal and State Defense services includes up to six (6) months of representation and are limited to the allotted total time of: Personal Defense: 20-hours, Pro Defense: 30-hours, Enterprise Defense: 40-hours, for the starting flat fee listed. All federal or state only defense services include up to three (3) months of representation and are limited to half of the allotted time stated above. All representation beyond the 6-months, or 3-months, respectively, will require an ongoing monthly service fee, unless otherwise agreed in writing. All representation that exceeds the hourly allotment will require additional fees.
• Timeliness is one of Taxley’s core values and that it is the Client’s responsibility to be responsive and provide information timely, in order to receive the best resolution and service at the lowest cost.

FEES 

Client understands:

• All fees are non-refundable and are considered earned in full upon receipt.
• We accept credit and debit cards, e-checks/ACH payments, cash and certified funds (i.e. money orders and cashier’s checks).
• Where applicable, payment plans are offered as a courtesy and administrative fees are applied.
• Payment plans and ongoing monthly service fees must be set up as an automatic credit/debit card payment.
• Consultant’s work will reflect the percentage of payment received and Consultant will not submit paperwork to the tax authorities until 100% of Client’s invoice total has been received.
• A late or NSF payment will result in a $50 fee, per payment period occurrence. If Client has more than one last or NSF payment, 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, 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 Client will meet deadlines set by Consultant and follow recommendations.
• Fees may increase should workload increase, Client causes delays in service or if Consultant has to make repeated request for information. Additional fees are generally billed at $375/hour in 30-minute increments. All fee increases must be paid prior to moving forward with services. As a result Client’s timely response to provide information requested is 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 $375/hour for services rendered and the Consultants time used to provide services.

SECURE CLIENT PORTAL 

Client understands:

• Taxley will provide you with a secure, personalize online portal using SuiteDash.com, from which the Client and Consultant can share confidential documents and messages with each other.
• Only relevant Taxley staff, and authorized third parties, will have access to Client’s private information, as provided in the portal. See Vcita’s privacy policy at vcita.com) to understand their security and privacy protocols.
• When authorized by Client, Taxley will share Client information with 3rd-party service providers, via subject-specific areas within their portal account, to facilitate a seamless service between both Taxley and the 3rd-party, as we work on Client’s case.
• Using the portal system will be the fastest and safest way to communicate and share documents with Consultant.
• They will be required to use the secure portal system much as possible, however, Client may send documents and communication by fax and regular mail with the understanding that those methods may not be the fastest or most secure ways to provide confidential information to Consultant; and these methods may delay services resulting in ongoing monthly services fees.
• To avoid communicating by regular email when possible, as this can also delay services.
• Client agrees to download all of their documents (to keep for their records), as located in their portal within 7-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 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.

TAX PLANNING

Clients understands:

• The scope of work provided in this service is detailed at https://taxley.com/planning-preparation, and based on the Client’s level of service, e.g. Personal, Pro or Enterprise.
• This service does not include access to the Taxley membership program, or investigation and representation services.
• Tax planning sessions will last up to 90-minutes.
• At least 14-days prior to the planning sessions, Client will be required to complete the Planning survey per Consultant’s request, as this will ensure the maximum value during the 90-minute planning session.
• Personal level planning services include up to 2 planning sessions, Pro level planning services include up to 3 planning sessions, and Enterprise  level planning services include up to 4 planning sessions – all of which are based on a membership year. 
• Client may request additional planning sessions at an additional fee.
• Planning sessions do not roll over, and are forfeit if Client does not use the service.
• When possible, if Client looks as if they may forfeit all or part of the service, Consultant will provide, through email, a tax planning update based on Client’s previous interactions, in an effort to provide Client with as much support as possible.
• Fees include a one-time onboarding fee and an annual fee. The annual fee is due upon registration and will be billing annually, unless client cancels service in advance.
• Tax preparation fees are billed separately, at the time of the tax preparation service.

TAX PREPARATION TERMS

Client understands:

• Tax preparation services are only provided with either a Tax Planning and Preparation package, Defense/Representation service or a multi-year filing compliance matter, but never as an annual tax season stand-alone service.
• All tax preparation services require a separate fee, due at the commencement of the tax preparation service. 
• Should there be any tax preparation error by the Consultant, the Consultant, at no additional charge, will make any necessary adjustments  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.
• All tax preparation documents must be received within 14-days of starting tax preparation service, unless otherwise agreed to later date in advance.
• All tax preparation work must be complete within 30-days of the start of tax preparation services when providing tax preparation as a part of the tax planning and preparation or multi-year filing compliance service.
• If Client does not provide all of 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 “delay” fee, starting on the 31st day after the commencement of services. This fee will continue until the tax preparation service is complete.
• 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, Client will not be entitled to the copy of the inaccurate return and no refund will be given should the Client decide not to have Consultant proceed with filing accurate returns.
• Making changes to already prepared returns, due to Client changes, may result in additional fees.

TAXLEY DEFENSE TERMS

Client understands:

• The Taxley Defense (also known as representation) service and fees are detailed at https://taxley.com/defense.
• Client understands that this service includes up to 6-months of federal and state tax defense (up to 3 months of service for federal OR state tax defense). If Client’s case is still active past their 3 or 6-month time period, Client will be required to pay the applicable monthly “delay” fee to continue with services.  Any exception will be at the sole discretion of Taxley.
• Client understands the “delay” fee is required in addition to any service fees and that the “delay” fee is not attributed to the hours of service, as it only allows Consultant to keep Client’s case open in our office when the service lasts more than the 3 or 6 months allotted.
• Client understands that this service is limited to the allotted hours as described above (see TIMING). If Client’s case exceeds the alllotted hours, before or after the 3 or 6 month time period, client will be required to pay additional fees to continue with services.  Any exception will be at the sole discretion of Taxley.
• That in time where a resolution is delayed due to normal IRS practices, which may cause them at least 6-months to review paperwork, e.g. OIC or Innocent spouse relief, consultant may put the case on hold to preserve some of the Client’s 3 or 6 months of service.
• If before or during the hold the Client was required to pay “delay” fees, these fees will stop and services will be put on hold once the OIC has been submitted to the IRS and we have confirmed receipt.
• Once services are put on hold, Consultant will limit communication with Client to quarterly check ins, unless a service, in relations to the OIC is required.
• Any additional fees required to provide service will be communicated by Taxley’s staff in writing.
• This service does NOT include tax preparation, the preparation and submission of an Offer In Compromise (OIC), and more than one state resolution – these services will require additional fees. Client also understands, however, that this service does include an analysis of your tax returns to determine accuracy, and an OIC analysis to determine if an OIC is a viable resolution option.
• This service requires that Client and Consultant meet deadlines, with no exception.
• If married filing separately, each tax account will require a new service, as the personal aspect of this service pertains to single or married filing joint
  taxpayers.
• If Client has multiple businesses or more than 1 rental unit (a rental unit equals 1 single family dwelling), additional fees may be required to incorporate the additional businesses or rental units in the resolution.
• If Client has multiple employees and or sales tax resolution needs, there will be additional service fees.
• They agree to provide Consultant with all requested paperwork within 7-days from the date of the request, unless otherwise agreed in writing (email is acceptable).
• 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 this service agreement can be terminated, as their unauthorized communication with the tax authorities may undermine the Consultant’s defense efforts.

THIRD-PARTY PREFERED PROVIDER TERMS

Client understands:

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

ADDITIONAL TERMS OF SERVICE

Client understands:

• 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.
  
• Fees charged when meetings are cancelled within 12-hours or Client is a no-show and must be paid before scheduling a new meeting.
• 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  4555 Lake Forest Dr. Ste. 650 Cincinnati, OH 45242. 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 three (3) days via secure portal email or phone.
• 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.
• 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 arising out of or attributable to the Client not adhering to the Consultant’s recommendations, guidance or provided deadlines. Where applicable, Consultant will work to provide ongoing support to make sure the Client meets goals consistent with this agreement.
• 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.
• 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.
• 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.

In registering for Services, as named in this agreement, 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 scope of work above.