My CPA Coach Terms Of Service
- Introduction and overview
Thank you for selecting My CPA Coach (referred to as “My CPA Coach”, “The Firm”, “we”, “our”, “us”) to provide tax services to you (“Client”, “you”, “your”).
a. Terms of Service
These Terms of Service are incorporated by reference into and made part of any Invoice or Services provided by My CPA Coach and govern the relationship between you and My CPA Coach.
These terms are effective on the date this agreement is signed. The Terms of Service, Invoice, and other documents incorporated by reference herein are collectively referred to as the “Agreement”.
b. Accepting the Terms
By using our services, you agree to be bound by these terms. You represent and warrant that you have the authority to bind the undersigned individually and/or on behalf of the undersigned company or other legal entity. Additionally, you unconditionally Guarantee to My CPA Coach the full and prompt payment of any and all fees and expenses if any, payable by Client, and hereby further guarantees the full and timely performance and observance of any and all of the covenants and terms therein provided to be performed and observed by Client.
2. General Scope of Services
Please review the scope of services we offer in this section. Your invoice sets forth the specific services you are purchasing, the party entering the agreement, and the costs for such Services.
a. Tax Planning
Our tax planning service helps our clients reduce their tax liability. Our CPAs will review and analyze your unique tax circumstances to prepare a plan that identifies at least twice our fee in estimated tax savings. The tax deliverable includes a detailed overview of specific tax strategies, as well as the requirements to implement said strategies. The service includes a consultation with a licensed CPA to explain the various tax strategies in the plan, and the implementation instructions required to implement the plan.
Important: It will be your responsibility to implement the strategies listed in your tax plan. If you have any questions on the implementation instructions provided, you may contact us to provide additional clarification. There will be no additional fees assessed by us for answering implementation-related questions within 30-days of the delivery of the tax plan. However, additional fees may apply for ongoing support after this period.
b. Ongoing Tax Support
Our ongoing tax support service provides additional support to our tax planning clients. This add-on service includes quarterly meetings with a licensed CPA and email support to provide additional tax guidance to our clients. This may include addressing new circumstances that may impact your taxes, advising you on quarterly estimated tax payments, reviewing the status of your tax plan, or answering any tax questions you may have.
c. Tax Preparation
Our tax preparation service helps our clients file their income tax return(s) to the appropriate government agencies. The service includes inputting financial information, provided by you, and preparing your tax return. Financial information that you will have to provide includes annual financial statements, sources of income, W-2s, 1099s, and other tax or income information. Once your tax return is prepared, it will be sent to you for approval. Once approved, we will file your tax return on your behalf.
3. Firm Fees
Your invoice will outline the fees associated with our agreement. We require all outstanding invoices to be paid prior to the rendering of services. Fees will be billed and charged upon the execution of this agreement. Note that fees may be reviewed periodically if the scope or volume of work changes.
a. Client Obligations
You agree to submit and/or provide the necessary information and documents to My CPA Coach to ensure we can successfully render services. You agree that you will deliver all records requested and respond to all inquiries made by our staff to complete this engagement on a timely basis. You understand that failure to provide necessary information, documents, records, or other information shall not serve as basis for a refund or credit. There will be no refunds or credits due to any delay, unresponsiveness, or failure to provide feedback for services.
b. Provider Obligations
We agree to assign My CPA Coach personnel with the capacity to render the services to you, which are listed in your invoice. Services shall include all efforts to deliver the service according to the Invoice, including communications regarding deliverables. You understand that failure to use the services listed in the Invoice shall not serve as basis for a refund or credit.
c. Inadequate records
In the event your records are not submitted in a timely manner or they are incomplete or unusable, we reserve the right to charge additional fees and expenses for the services required to correct the problem. If this occurs, we will contact you to discuss the matters and the anticipated delay in completing our engagement prior to rendering further services.
d. Timing of the Engagement
Our engagement shall commence upon receipt of this executed Agreement. Our services will conclude after one of the following events has occurred:
- transmission of the deliverable(s) as identified in the Invoice
- written notification by either party that the engagement is terminated, or
- one year from the execution date of this Agreement.
Due to the nature of the products and services that we offer, including, but not limited to, the time that we will invest in your specific client file, we do not offer any refunds unless the refund request is in connection with our guarantees.
a. Tax Planning Guarantee
We will refund up to 100% of our tax planning fee upon all of the following conditions being present: 1) Your plan does not identify at least double the price of the plan in estimated tax savings 2) Your business earns over $100,000 per year in revenue 3) You provided all required information to create your tax plan in a timely manner.
Important: “Estimated tax savings” are estimates based on the material information provided by the client. If any of the material information changes (ex: taxable income decreases), actual tax savings may differ from the estimated tax savings in our plan and no refunds will be given.
b. Tax Preparation Guarantee
We will refund up to 100% of our tax preparation service for any interest or penalties related to the accuracy of our filing of your tax return. To be eligible for any refund, the inaccuracy on your tax return must be directly caused by our firm. Direct causes include, but are not limited to, data inserted on the tax return that does not correlate with the information provided by the Client. Inaccuracies from indirect causes are not covered by this guarantee. Indirect causes include, but are not limited to, tax return inaccuracies due to incorrect information provided by the client. Client will not be entitled to a refund of our tax preparation fee if the client’s tax return is filed late because of client’s failure to provide necessary information in a timely manner.
c. No Additional Guarantees
My CPA Coach makes no other guarantees regarding your tax plan or preparation of your tax return other than as set forth in sections a and b above.
The Client acknowledges that in the course of using My CPA Coach services under this Agreement, My CPA Coach will disclose proprietary and confidential information of a special and unique nature and value, including such matters as, but not limited to, My CPA Coach’s business operations, internal structure and financial affairs. You agree not to disclose either directly or indirectly, communicate, publish, disclose, divulge, or use, or authorize anyone else to communicate, publish, disclose, divulge, or use, for the benefit of himself or herself or any other Person, any Confidential Information. This includes, but not limited to, our proposals, contracts, services, strategies, processes, systems, reports, outcomes, and staff associated with your account, whether tangible or intangible. Client agrees that My CPA Coach shall be entitled to liquidated damages in the amount of $1000 per occurrence, per day, of any breach of this section, up to $10,000.00. You understand that (1) damages arising from a breach are difficult to accurately estimate, (2) the parties intend for this provision to function as “liquidated damages” and/or as “compensation” rather than as a penalty to deter, and (3) despite the difficulty in estimation, the liquidated damages constitute a reasonable pre-estimate. This is not a penalty, but a reasonable amount of liquidated damages to compensate us for the breach of the non-disclosure covenant.
At any time during the term of or following termination thereof, the parties hereto agree that the other will not undertake any disparaging or harassing conduct directed at, or making any disparaging statements about the other, any of the other’s representatives, or disparaging remarks made about the services performed hereunder. The parties agree to not disparage, defame, or denigrate the reputation, character, image, or services of the parties before, during, or after the contract term. Both parties agree to not, except as may be required by law, issue any statement to disparage either company. Further, you understand that the Consumer Review Fairness Act (CRFA) does not apply to business to business agreements, only individual consumers to business agreements. Client agrees that My CPA Coach shall be entitled to liquidated damages in the amount of $1000 per occurrence, per day, of any breach of this section, up to $10,000.00. You understand that (1) damages arising from a breach are difficult to accurately estimate, (2) the parties intend for this provision to function as “liquidated damages” and/or as “compensation” rather than as a penalty to deter, and (3) despite the difficulty in estimation, the liquidated damages constitute a reasonable pre-estimate. This is not a penalty, but a reasonable amount of liquidated damages to compensate us for the breach of the non-disparagement covenant.
During the contract term, and for a period of 6 months after termination, you agree to not solicit employment or accept services from our employees outside of this agreement. You agree to not 1) induce or attempt to induce any employee of our company to leave the company and 2) not employ or engage any employee of our company as an employee or independent contractor.
- Limitations on Liability
MY CPA COACH’S LIABILITY FOR ALL CLAIMS, DAMAGES, AND COSTS ARISING FROM THIS ENGAGEMENT IS LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY YOU TO MY CPA COACH FOR SERVICES RENDERED UNDER THIS AGREEMENT. In the event of a claim by a third party relating to services under this letter, you will indemnify us from all such claims, liabilities, costs and expenses, except to the extent determined to have resulted from our intentional or deliberate misconduct.
- Limitation of Damages
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, MY CPA COACH SHALL NOT BE LIABLE FOR ANY LOST PROFITS, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE EVEN IF WE HAVE BEEN ADVISED BY YOU OF THE POSSIBILITY OF SUCH DAMAGES.
You shall defend, indemnify, and hold harmless My CPA Coach and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorneys’ fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to your use of the Services.
If any portion of this Agreement is deemed invalid or unenforceable, said finding shall not operate to invalidate the remainder of the terms set forth in this Agreement.
- Relationship of the parties
This Agreement shall not be construed to create a partnership, joint venture, or employer-employee relationship between the parties. It is specifically understood that My CPA Coach is acting hereunder as an independent contractor.
We reserve the right, at any time, to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. My CPA Coach reserves the right to change the Services, including applicable fees, at our sole discretion and from time to time. In such an event, if you are a paid user to the Services, and modifications are material changes, we will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services after you are notified of any change will constitute your agreement to such change. You agree that My CPA Coach shall not be liable to you or any third party for any modification, suspensions, or discontinuance of the Services.nAny changes to this Agreement may be provided to you by electronic means
We reserve the right to withdraw from this engagement without rendering services for any reason, if you fail to comply with the terms of this agreement, if you disagree with our recommendations regarding our scope and services, or if we determine professional standards required for our withdrawal for any other reason.
- Governing Law
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Georgia (without regard to any conflict of laws principles). All actions, suits and proceedings arising out of or in connection with this Agreement shall be brought in the courts of Fulton County, State of Georgia, which shall be the exclusive forum therefore. The parties to this Agreement irrevocably submit to the in personam jurisdiction and process of the courts in the State of Georgia and further agree that service by certified mail to their business addresses shall constitute sufficient service of process.
As a breach or threatened breach by the Client of the provisions of this Agreement would cause irreparable injury to My CPA Coach, and there is no adequate remedy at law for such violation, My CPA Coach shall have the right, in addition to any and all other remedies available at law or in equity, to enjoin the Client in a court of equity from violating such provisions; without limiting the generality of the foregoing provisions, the firm shall have the right in any such proceedings to damages, which shall include, but not limited to, monetary damages to compensate the firm for any and all damages sustained by the Company as a result of any such breach or threatened breach by the Client, including, but not limited to, any and all lost profits. All costs, (including without limitation, reasonable attorneys’ fees) of the prevailing party shall be borne by the losing party; or in the event of a partial award for a party hereto, such costs shall be awarded in proportion to such partial award as determined by a court of competent jurisdiction. Furthermore, in any action with respect to a claim for equitable relief, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS SERVICES AGREEMENT AND UNDERSTAND ALL OF ITS TERMS, INCLUDING THE COVENANTS SET FORTH ABOVE.