These terms and conditions (“Terms”, “Agreement”) are an agreement between Business and Owners Strategies CPAs, LLC (“Business and Owners Strategies CPAs, LLC”, “us”, “we” or “our”, “Consultant”) and you (“User”, “you” or “your”, “Client”). This Agreement sets forth the general terms and conditions of your use of the mybusinessbid.com website and any of its products or services (collectively, “Website” or “Services”). The Client is of the opinion that the Consultant has the necessary qualifications, experience and abilities to provide consulting services to the Client.
IN CONSIDERATION OF the matters described above and any other attachments¹ incorporated herein (collectively, “Agreement”) and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Consultant, individually the “Party” and collectively the “Parties” to this Agreement, agree as follows:
The web site of Consultant, www.mybusinessbid.com, is a service where Client may ask “Questions”, request for an “Advice or Recommendation” and or request for a “Service”. The Consultant will answer or bring the information, subject to conditions described below. Also, the Consultant may consult external independent expert contractors to complement the answer and or bring the information requested or to perform the services requested.
SERVICES TO BE PROVIDED
The Client hereby agrees to engage the Consultant to provide the Client with the following “Online Consulting services” (the “Services”): Answer client’s services solicited verbally or written; questions, tax and legal research, taxes returns preparation, tax case representations, type of business entity analysis, type of business entity advice, tax advice, financing sources advice, tax incentives advice, corporate law advice, government permits solicitations and registrations, Due Diligence, Business Plans, and financial advice. Business and Owners Strategies CPAS, LLC may refer to external legal consultants in the following areas; bankruptcy, estate law, labor law, real estate, torts litigation, tax litigation, law 75 litigation (Dealers Act law: Distribution contracts litigation) and general civil practice. The “Online Consulting” service is divided in three Categories, “Questions”, “Advice or Consultation” and “Services”. The first Category “Questions” brings you informal and general answers, without any tax law research or reference, without revision, and “As is”) And do not involve advice, consultation or recommendations. For this Category “Questions” you must “accept” this Terms and Conditions and pay for the invoice first for this type of service to be performed. The second Category “Advice or Recommendation” Answer is more formal and specific than category “Questions”. It requires that Consultant make an advice or recommendation. It may require Consultant to perform tax law research, consult laws and procedures and or make reference to Internal Revenue Code, tax law, etc. For this Category “Advice or Recommendation” you must “accept” this Terms and Conditions and pay for the invoice first for this type of service to be performed. The third Category “Services” is related to activities that involve generally more time and resources to perform than the categories of “Questions”, and “Advice or Recommendations”. For this Category “Services” you should sign in blue ink, date and put your name and address in this Terms and Conditions and deliver it to us at the moment of payment for this type of service to be performed. For certain services mentioned in this Terms and Conditions will be required a new, different and specific contract. The Services will also include any other consulting tasks which the Parties may agree on. The Consultant hereby agrees to provide such Services to the Client. The Services type “Questions” and “Advice or Recommendations” are for one question at a time. Answer will take more or less time depending on nature and complexity. Answer can take more than one response and can be brought in the following responses: “Initial”, “final” and, if needed “corrected”. If the answer requires more than one response this will be marked as, “Initial response”. When response to a question is final this will be marked as “Answer”. If the answer is later on corrected this will be marked as “Answer corrected”. Corrections are due from errors or omissions and are not updates. First response from the Consultant could take up to one hour. Answer will be focused on the question and details provided. If you have more questions arising from our answer you must commence another question session and go through the process again.
TERM OF AGREEMENT
The term of this Agreement (the “Term”) will begin depending on type of service selected. If the “Question” service is selected the term of this Agreement will commence at Client’s acceptance of Terms and Conditions and submission of payment and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement, the Term may be extended with the written consent of the Parties. If the “Advice or Recommendation” service is selected the term of this Agreement will commence at Client’s submission of signed and dated Terms and Conditions and payment and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement, the Term may be extended with the written consent of the Parties. If the “Services” service is selected the term of this Agreement will commence at Client’s submission of signed and dated Terms and Conditions and payment and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement, the Term may be extended with the written consent of the Parties.
Accounts and membership
You must be at least 21 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 21 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change services and services pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. The Consultant will charge the Client a prepaid flat fee of $ (See invoice) for the Services (the “Compensation”) for each answer, advice or recommendation, consultation or service. Our fees are based upon the complexity of the work to be performed, and our professional time, as well as out-of pocket expenses. In addition, these fees depend upon the timely delivery, availability, quality, and completeness of the information you provide to us. Fees and expenses are due and payable upon presentation of our invoice. You agree to pay all fees and expenses incurred whether or not we complete our engagement. In the event that this Agreement is terminated by the Client prior to completion of the services but where the Services have been partially performed, the Consultant will be entitled to pro rata payment of the Compensation to the moment of termination provided that there has been no breach of contract on the part of the Consultant. The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.
REIMBURSEMENT OF EXPENSES
In the case The Consultant needs to perform duties related to the engagement out of his premises he will be reimbursed from time to time for reasonable and necessary expenses incurred by the Consultant in connection with providing the Services. All expenses must be pre-approved by the Client.
Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
Links to other websites
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by Business and Owners Strategies CPAs, LLC or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Business and Owners Strategies CPAs, LLC. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Business and Owners Strategies CPAs, LLC or Business and Owners Strategies CPAs, LLC licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Business and Owners Strategies CPAs, LLC or third-party trademarks.
Disclaimer of warranty
You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Refund policy
We do not provide refunds after the service is purchased, which you acknowledge prior to purchasing any service on the Website. Please make sure that you have carefully read service description before making a purchase.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Business and Owners Strategies CPAs, LLC, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Business and Owners Strategies CPAs, LLC has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Business and Owners Strategies CPAs, LLC and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Business and Owners Strategies CPAs, LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification and warranties
You agree to indemnify and hold Business and Owners Strategies CPAs, LLC and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement. While we have made every attempt to ensure that the information contained on the Website is correct, Business and Owners Strategies CPAs, LLC is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information on the Website is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied. In no event will Business and Owners Strategies CPAs, LLC, or its partners, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information on the Website or for any consequential, special or similar damages, even if advised of the possibility of such damages. Information on the Website is for general information purposes only and is not intended to provide legal, financial, medical, or any other type of professional advice. Please seek professional assistance should you require it. Furthermore, information contained on the Website and any pages linked to and from it are subject to change at any time and without warning. We reserve the right to modify this Disclaimer relating to the Website or Services at any time, effective upon posting of an updated version of this Disclaimer on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
MODIFICATION OF AGREEMENT
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Puerto Rico without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Puerto Rico. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Puerto Rico, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
ENTIRE AGREEMENT
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
ENUREMENT
This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
CAPACITY INDEPENDENT CONTRACTOR
In providing the Services under this Agreement it is expressly agreed that the Consultant acts as an independent contractor and not as an employee. The Consultant and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers’ compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Consultant during the Term. The Consultant is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Consultant under this Agreement.
RIGHT OF SUBSTITUTION
Except as otherwise provided in this Agreement, the Consultant may, at the Consultant’s absolute discretion, refer to a third party External Expert to perform some or all of the obligations of the Consultant under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
In the event that a legal services are needed the Consultant will refer to an External Legal Expert contractor:
- The Client will pay the External Legal Expert for its services and the Compensation will remain payable by the Client to the Expert.
- For the purposes of the indemnification clause of this Agreement, the External Legal Expert is an Independent Contractor.
AUTONOMY
Except as otherwise provided in this Agreement, the Consultant will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Consultant will work autonomously and not at the direction of the Client. However, the Consultant will be responsive to the reasonable needs and concerns of the Client.
WAIVER
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
Disclaimer
Representation
Any views or opinions represented in this Website belong solely to the Content creators and do not represent those of people, institutions or organizations that the Business and Owners Strategies CPAs, LLC or creators may or may not be associated with in professional or personal capacity, unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.
Content and postings
You may print a copy of any part of this Website for your own personal, non-commercial use, but you may not copy any part of the Website for any other purposes, and you may not modify any part of the Website. Inclusion of any part of this Website in another work, whether in printed or electronic or another form or inclusion of any part of the Website in another website by embedding, framing or otherwise without the express permission of Business and Owners Strategies CPAs, LLC is prohibited. You may submit comments for the Content available on the Website. You may not impersonate any other person through the Website. You may not post content that is defamatory, fraudulent, obscene, threatening, invasive of another person’s privacy rights or that is otherwise unlawful. You may not post content that infringes on the intellectual property rights of any other person or entity. You may not post any content that includes any computer virus or other code designed to disrupt, damage, or limit the functioning of any computer software or hardware. By submitting or posting Content on the Website, you grant Business and Owners Strategies CPAs, LLC the right to edit and, if necessary, remove any Content at any time and for any reason.
Prohibited activities and uses
You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy:
- Distributing malware or other malicious code.
- Disclosing sensitive personal information about others.
- Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
- Distributing pornography or adult related content.
- Promoting or facilitating prostitution or any escort services.
- Hosting, distributing or linking to child pornography or content that is harmful to minors.
- Promoting or facilitating gambling, violence, terrorist activities or selling weapons or ammunition.
- Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications.
- Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.
- Facilitating pyramid schemes or other models intended to seek payments from public actors.
- Threatening harm to persons or property or otherwise harassing behavior.
- Purchasing any of the offered Services on someone else’s behalf.
- Misrepresenting or fraudulently representing products or services.
- Infringing the intellectual property or other proprietary rights of others.
- Facilitating, aiding, or encouraging any of the above activities through our Services.
System abuse
Any User in violation of our Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:
- Use or distribution of tools designed for compromising security of the Services.
- Intentionally or negligently transmitting files containing a computer virus or corrupted data.
- Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.
- Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.
Service resources
You may not consume excessive amounts of the Services or use the Services in any way which results in performance issues or which interrupt the services for other Users. Prohibited activities that contribute to excessive use, include without limitation:
- Deliberate attempts to overload the Services and broadcast attacks (i.e. denial of service attacks).
- Engaging in any other activities that degrade the usability and performance of our Services.
No spam policy
You may not use our Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of our Services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”). Your products or services advertised via SPAM (i.e. Spamvertised) may not be used in conjunction with our Services. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or newsgroups. Sending emails through our Services to purchased email lists (“safe lists”) will be treated as SPAM.
Defamation and objectionable content
We value the freedom of expression and encourage Users to be respectful with the content they post. We are not a publisher of User content and are not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. However, we reserve the right to moderate, disable or remove any content to prevent harm to others or to us or our Services, as determined in our sole discretion.
Copyrighted content
Copyrighted material must not be published via our Services without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will promptly remove the infringing material from the Services. We may terminate the Service of Users with repeated copyright infringements. Further procedures may be carried out if necessary. We will assume no liability to any User of the Services for the removal of any such material. If you believe your copyright is being infringed by a person or persons using our Services, please send a report of the copyright infringement to the contact details listed at the end of this Policy.
Security
You take full responsibility for maintaining reasonable security precautions for your account. You are responsible for protecting and updating any login account provided to you for our Services. You must protect the confidentiality of your login details, and you should change your password periodically.
Enforcement
We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:
- Suspending or terminating your Service with or without notice upon any violation of this Policy. Any violations may also result in the immediate suspension or termination of your account.
- Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or our Services, as determined by us in our sole discretion.
- Reporting violations to law enforcement as determined by us in our sole discretion.
- A failure to respond to an email from our abuse team within 2 days, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services.
Suspended and terminated User accounts due to violations will not be re-activated.
Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from our Services, and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.
Reporting violations
If you have discovered and would like to report a violation of this Policy, please contact us immediately. We will investigate the situation and provide you with full assistance.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
TAX CONSULTING AND OR ADVICE
In addition to the clauses set before, in case of tax consulting, recommendations and or advice, the following terms also apply, This letter and any other attachments¹ incorporated herein (collectively, “Agreement”) confirm our understanding of the terms and objectives of our engagement and the nature and limitations of the services we will provide. The engagement between you and our firm will be governed by the terms of this Agreement.
Engagement Objective and Scope
Our advice is dependent upon the timeliness, accuracy, and completeness of the information and representations that we receive from you as well as your stated intended use of the advice. Therefore, providing us with inaccurate or incomplete information or representations may result in inaccurate findings or inappropriate recommendations and critical recommendations may not be identified. If information changes during the course of the engagement, you must provide US with the updated information and representations on a timely basis as the change in information may affect our advice. We will not audit or otherwise verify the data you submit to us, although we may ask you to clarify certain information. Our engagement does not include any procedures designed to detect errors, fraud, or theft. Therefore, our engagement cannot be relied upon to disclose such matters. This engagement is limited to the professional services outlined above. Our advice is based upon facts, assumptions, and representations as stated and relevant tax reference materials that are subject to change. Tax reference materials include but are not limited to the Internal Revenue Code (“IRC”), regulations, Revenue Rulings, Revenue Procedures, Private Letter Rulings, and court cases. We will not update our advice for subsequent changes to tax reference materials. If the information or representations that you provided to us change or you wish US to research tax law changes after the conclusion of the engagement, we may be available to update our advice as a separate engagement. If you ask us to update our work, we will confirm this representation in a separate engagement letter.
Timing of the Engagement
Our engagement shall commence upon Acceptance and signing of this executed Agreement at the date of execution.
Our services will conclude after one of the following events has occurred:
transmission of the deliverable(s) as identified above,
notice to you that no deliverable(s) will be provided,
written notification by either party that the engagement is terminated,
CPA Firm Responsibilities
We will perform our services in accordance with the American Institute of Certified Public Accountants (“AICPA”) Code of Professional Conduct, Statements on Standards for Tax Services, and Statement on Standards for Consulting Services.
Government Inquiries
In case that you contracted us to prepare your tax returns this engagement does not include responding to inquiries by any governmental agency or tax authority. If your tax return is selected for examination or audit, you may request our assistance in responding to such an inquiry. If you ask us to represent you, we will confirm this representation in a separate engagement letter.
Tax Advice
Our advice is based upon tax reference materials, facts, assumptions, and representations that are subject to change. We will not update our advice after the conclusion of the engagement for subsequent legislative or administrative changes or future judicial interpretations. To the extent we provide written advice concerning federal tax matters, we will follow the guidance contained in U.S. Treasury Department Circular 230, §10.37, Requirements for Written Advice.
Arguable Positions
We will use our judgment to resolve questions in your favor where a tax law is unclear, provided there is sufficient support for doing so. If there are conflicting interpretations of the law, we will explain the possible positions that may be taken on your return. We will follow the position you request, provided it is consistent with our understanding of the tax reference materials. If the IRS, state or local tax authorities later contest the position taken, there may be an assessment of additional tax, penalties, interest, and professional fees. We assume no liability, and you hereby release us from any liability for such additional tax, penalties, interest, and professional fees.
Listed Transactions and Transactions of Interest
You acknowledge your responsibility to inform us of any listed transactions or transactions of interest as designated by the IRS. You agree to hold harmless our firm and its partners, principals, shareholders, officers, directors, members, employees, agents or assigns with respect to any additional tax, penalties, and interest imposed on you by tax authorities resulting from your failure to timely notify us, in writing, of all such transactions in order to facilitate the timely preparation and filing of your tax returns.
Client Responsibilities
You agree to provide us with complete copies of previously filed tax returns, supporting schedules, and any other records or information that we may request during the course of the engagement. As a condition of our performing the services described above, you agree to evaluate the adequacy and results of the services performed and accept responsibility for the results of the services, including decisions regarding the implementation of any advice provided by us.
State and local filing obligations
You are responsible for determining your tax filing obligations with any state or local tax authorities, including, but not limited to income, franchise, sales, use, property, or unclaimed property taxes. You agree that we have no responsibility to research these obligations or to inform you of them. If upon review of the information you have provided to us, along with information that comes to our attention, we believe you may have additional filing obligations, we will notify you of this responsibility in writing and ask you to contact us. If you ask us to prepare these returns, we will confirm this representation in a separate engagement letter.
Ultimate responsibility
You have final responsibility for your tax consulting services. We will provide you with a copy of the deliverables for review prior to finalization. You agree to review and examine them carefully for accuracy and completeness. You are solely responsible for implementation of any strategies discussed in the deliverables.
Penalties and Interest Charges
Federal, state, and local tax authorities impose various penalties and interest charges for non-compliance with tax laws and regulations, including, failure to file or late filing of returns, and underpayment of taxes. You, as the taxpayer, remain responsible for the payment of all tax, penalties, and interest charges imposed by tax authorities. We rely on the accuracy and completeness of the information you provide to us in connection with the preparation of your tax returns. Failure to disclose or inadequate disclosure of income or tax positions may result in the imposition of penalties and interest charges.
We appreciate the opportunity to be of service to you. Please date and execute the enclosed copy of this Agreement and return it to us to acknowledge your acceptance. We will not initiate services until we receive the executed Agreement.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@mybusinessbid.com
Very truly yours,
CPA,
ACCEPTED:
________________________________________________
Client Name
________________________________________________
Client Signature
________________________________________________
Client address
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Client date
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This document was last updated on April 20, 2020.