Thank you for choosing Tax-Smart to assist you with your accounting services. This confirms the terms of our engagement with you and outlines the nature and extent of the services we will provide to you.
Terms of Contract
We will provide accounting services or any other financial consultation. The information you are to supply and any other information that we consider necessary to complete the engagement must be provided in a timely manner in order for the assignment to be completed on a timely basis. We will depend on you to provide the information we need to prepare complete and accurate financial documentation. We may ask you to clarify some items or compile any required financial statements but will not audit or otherwise verify the data you submit. An organizer may be enclosed to help you collect the data required for your return. The organizer will help you avoid overlooking important information. By using it, you will contribute to the efficient preparation of your returns and help minimize the cost of our services.
In regard to terms and conditions, “Tax-Smart” is it’s own entity, and is extended to it’s owners, staff, employees, any affiliated persons or company.
Terms and conditions will apply in respect of your financial year end and for future years unless otherwise agreed.
Extent of Services
We will perform accounting services. Our work will not include procedures to find defalcations or other irregularities. Accordingly, our engagement should not be relied upon to disclose errors, fraud, or other illegal acts, though it may be necessary for you to clarify some of the information you submit. Our engagement does not include the investigation or discovery of internal control weaknesses, errors, illegal acts or other irregularities, including without limitation, fraud, or non compliance with laws and regulations. However, we will inform you of any material errors, fraud, or other illegal acts we discover. We will not audit, review or carry out any other checks on the accuracy or completeness of the information you provide. It is up to you to give us accurate and complete information to enable us to provide the services described in this letter and we accept no liability for the accuracy or completeness of any information supplied by you in any form. Accordingly, no assurance on any assertions contained in the financial information compiled will be provided.
You will provide Tax-Smart promptly with such information as may reasonably be required for the proper performance of the Services, including access to appropriate members of your staff, records, information, technology, systems and premises. You acknowledge that information made available by you, or by others on your behalf, to, or which is otherwise known by, partners or staff of Tax-Smart who are not engaged in the provision of the Services shall not be deemed to have been made available to the individuals within Tax-Smart who are engaged in the provision of the Services. You shall retain responsibility for the use of, or reliance on, advice or recommendations supplied by us in the delivery of the services. You undertake that, if anything occurs after information is provided by you to Tax-Smart, to render such information untrue, unfair or misleading, you will promptly notify Tax-Smart
Should we encounter instances of unclear tax law, or of potential conflicts in the interpretation of the law, we will outline the reasonable courses of action and the risks and consequences of each. We will ultimately adopt, on your behalf, the alternative you select.
Our fee is based on the time required at standard billing rates plus out-of-pocket expenses. Invoices are due and payable upon presentation. All accounts not paid within thirty (30) days are subject to interest charges to the extent permitted by state law.
Use and Distribution of the Financial Information
We understand that the intended use and distribution of the financial information we will compile is for the special purpose of calculating income tax or other financial documents. We will return your original records to you at the end of this engagement. We will retain copies of your records and our work papers from your engagement for up to a reasonable amount of time, after which these documents will be destroyed.
You may make copies of any reports for your own internal use or for providing to a third party. However, we accept no duty or responsibility to any party who may seek to rely on our reports and furthermore you indemnify us against any claim by such other party in respect of the reports.
Information and Disclosure
All assignments will be conducted in accordance with the professional standards, rules and ethical requirements of Circular 230. Information we obtain in the course of this engagement is subject to confidentiality requirements. We will not disclose that information to other parties without your express consent, except as required by law or professional obligations.
Limitation of Liability
At all times we will use reasonable skill and care in providing our services to you. However, in spite of this our liability to you whether in contract, tort, equity or otherwise, for any loss or damage or expenses (including legal costs) suffered or incurred directly by you as a direct result of any act or omission by us in providing our services, shall be limited to a maximum amount equal to the fee (excluding tax, disbursements and expenses) paid to us by you in respect of the services in question. If the Services were provided in respect of more than one financial year the fee on which the liability amount is based shall be the fee paid in respect of the financial year in respect of which the act or omission occurred. Any claim against us must be brought within twelve months of the date on which we complete the services.
Fees and Payment
Unless otherwise agreed with you in writing our fees are calculated on the basis of the time spent on the assignment by our team and on the levels of skill and responsibility involved.
If required by you we will provide you with either an estimate, or firm quotation, of the fees involved prior to commencing an assignment.
Our invoices will generally be issued before service and all invoices will be immediately due for payment. We reserve the right to charge interest on overdue amounts at a maximum rate of 15% per annum.
You should be aware that, like all other providers of services, we are entitled to retain possession of your records that have been used in relation to this engagement until outstanding fees are settled.
Future Years
This letter applies for future years unless you or we wish to end or change the arrangement.
Confidentiality
Both parties acknowledge that they may, in the course of the engagement, be exposed to or acquire information that is proprietary or confidential to the other party. Both parties agree to hold such information in strict confidence, and not to divulge such information except as may be required by law or judicial process, by any persons or bodies responsible for regulating that party’s business (including any regulatory or accounting profession supervisory authorities in the US or elsewhere), as required by a party’s internal policies or as the party reasonably determines is necessary to protect its own legitimate interests
Disclaimer
The materials on Tax-Smart ’s website are provided “as is”. Tax-Smart makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Tax-Smart does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Any comment made on the subject of legal or investment matters should be interpreted as only a personal view and not professional advice. Any opinion expressed should be confirmed by the appropriate professional.
Limitations
In no event shall Tax-Smart or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Tax-Smart’s Internet site, even if Tax-Smart or a Tax-Smart authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on Tax-Smart ’s web site could include technical, typographical, or photographic errors. Tax-Smart does not warrant that any of the materials on its web site are accurate, complete, or current. Tax-Smart may make changes to the materials contained on its web site at any time without notice. Tax-Smart does not, however, make any commitment to update the materials.
Links
Tax-Smart has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Tax-Smart of the site. Use of any such linked website is at the user’s own risk.
Site Terms of Use Modifications
Tax-Smart may revise these terms of use for its web site at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to Tax-Smart ’s website shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions.
Conclusion
We appreciate your business and thank you. We value your trust and confidence in us.
Terms and Conditions applicable to Services and Use of this Web Site.