Terms of Service
Comprehensive Tax Services Agreement
Effective Date: January 6, 2026
Version: 6.0
These Terms of Service (the “Agreement”) are entered into by and between Profit Solutions Pro Inc., a Florida corporation, registered at 9702 SW 83rd Way, Gainesville, FL 32608, doing business as Profit Solutions (“PS,” “we,” “us,” or “our”) and the individual or entity that accepts these terms (“Client,” “you,” or “your”).
BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO ALL TERMS AND CONDITIONS OUTLINED HEREIN.
IMPORTANT: THIS AGREEMENT CONTAINS BINDING ARBITRATION PROVISIONS IN SECTION 13. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS.
1. DEFINITIONS
“Agreement” means these Terms of Service including all engagement agreements and addendums.
“Blueprint” or “WAB” means Wealth Acceleration Blueprint, showing specific tax strategies.
“Bookkeeping Services” means transaction recording, reconciliation, and financial statement preparation.
“Engagement Agreement” means specific service contracts referencing these Terms, including Tax Resolution Engagement Agreement, Tax Architecture Services Engagement Agreement, Tax Optimization Engagement Agreement, Tax Essentials Service Agreement, and Bookkeeping Services Engagement Agreement.
“Power of Attorney” means IRS Form 2848 or state equivalent for representation.
“PTOR” means Preliminary Tax Optimization Report.
“Services” means all services provided by PS across all service lines.
"Tax Architecture Services" means comprehensive tax planning, strategy design, and implementation services including entity optimization, retirement planning, and multi-year tax reduction strategies as detailed in Section 2.2A.
"Tax Essentials Services" means integrated monthly bookkeeping, quarterly tax planning, and annual tax return preparation services as detailed in Section 2.3.
"Tax Resolution Services" means IRS/state tax controversy and collection matters.
"Tax Optimization Services" means proprietary tax planning and implementation strategies.
"Work Product" means all deliverables, reports, tax returns, financial statements, and other materials created specifically for Client.
2. SCOPE OF SERVICES
2.1 Tax Resolution Services
Services Include:
- Analysis of tax liabilities and assessments
- Communication with tax authorities on Client's behalf
- Negotiation of payment arrangements and settlements
- Offer in Compromise preparation and submission
- Installment agreement negotiation
- Currently Not Collectible status requests
- Penalty abatement requests
- Lien and levy release negotiations
- Audit representation
- Appeals representation
- Collection Due Process hearings
- Trust Fund Recovery Penalty defense
- State tax resolution matters
Client Understanding:
- Requires execution of Power of Attorney (Form 2848)
- No guarantee of specific outcomes or IRS acceptance
- Resolution timeframes vary significantly
- Client remains liable for underlying tax obligations
- Penalties and interest continue to accrue during resolution
2.2 Tax Optimization Services
Services Include:
- Discovery calls and opportunity analysis
- Preliminary Tax Optimization Reports (PTOR)
- Wealth Acceleration Blueprints (WAB)
- Entity structure analysis and restructuring
- Retirement plan design and optimization
- Family employment strategies
- Deduction maximization strategies
- Income shifting and timing strategies
- Real estate tax strategies
- Investment tax optimization
- Quarterly planning sessions
- Annual tax projections
- Strategy implementation support
- Ongoing compliance monitoring
Client Understanding:
- Strategies are proprietary PS intellectual property
- Implementation requires client action and cooperation
- IRS may challenge any tax position
- Results depend on the client’s specific circumstances
- Annual savings estimates are projections, not guarantees
2.2A Tax Architecture Services
Services Include:
- Comprehensive tax return forensic analysis (2–3 years of historical returns)
- Custom Tax Architecture Blueprint (WAB) creation requiring 6–8 hours of professional analysis
- Entity structure analysis and optimization recommendations
- S-Corporation election analysis and reasonable compensation determination
- Spousal employment strategies and tax optimization
-
Retirement plan implementation and design:
- Solo 401(k) establishment and maximization
- SEP-IRA analysis and implementation
- Defined Benefit Plan evaluation and setup
- Cash Balance Pension Plan analysis
- Dual participant strategies for spouses
- Equipment and technology investment planning (Section 179 deductions)
- Accountable plan implementation for business expense reimbursements
-
Real estate tax strategy development:
- Practice real estate ownership structuring
- Cost segregation study coordination and implementation
- Rental property optimization
-
Income timing and deferral strategies:
- Accounts receivable management
- Prepaid expense optimization
- Income coordination between spouses
- Family employment program design and implementation
-
Health and welfare benefits optimization:
- Health Reimbursement Arrangement (HRA) setup
- Dependent care benefit maximization
-
Charitable planning integration:
- Donor-Advised Fund strategies
- Qualified Charitable Distribution (QCD) planning
- Practice valuation and exit planning foundation
-
Tax credit maximization:
- Research & Development (R&D) credit analysis
- Work Opportunity Tax Credit (WOTC) screening
- Energy credit identification
- Ongoing compliance and monitoring throughout engagement
- Quarterly tax planning review sessions
- Documentation requirements management and audit defense preparation
- Year-round consultation and strategy adjustment
- Coordination with client’s other professional advisors (CPA, attorney, financial advisor)
Fee Structure:
- One-time Tax Architecture Fee (non-refundable upon signing; compensates for immediate forensic analysis and Blueprint creation)
- Monthly Architecture Maintenance Fee (36-month minimum commitment; covers ongoing implementation, monitoring, quarterly reviews, and unlimited consultation)
- All fees specified in the Tax Architecture Services Engagement Agreement
- 3% credit card processing fee applies to all credit card payments
- Additional services beyond contracted scope billed separately at standard professional rates
- Annual planning sessions and strategy updates included in the monthly maintenance fee
Client Understanding:
- Strategies are proprietary PS intellectual property and confidential
- Implementation requires client action, cooperation, and timely execution
- IRS may challenge any tax position; PS defends all positions taken
- Results depend on the client’s specific circumstances, income level, and business structure
- Annual savings estimates are projections based on current tax law, not guarantees
- Strategies must be implemented timely to be effective (some have deadline requirements)
- Some strategies require specific IRS deadlines (e.g., S-Corp election by March 15)
- Compliance with implemented strategies is the client’s ongoing responsibility
- Client must provide accurate and complete financial information
- Client must notify PS of material changes affecting tax strategies
Service Limitations:
- PS does not guarantee specific IRS decisions, approvals, or outcomes
- PS does not guarantee a specific dollar amount of tax savings
- Tax law changes (legislative, regulatory, or judicial) may affect strategy viability
- PS relies on client-provided information; analysis accuracy depends on information completeness
- Some strategies require third-party professional services (legal counsel, actuarial services, appraisals)
- International tax matters may require specialized expertise beyond PS scope
- Client remains ultimately responsible for all tax filing and payment obligations
- PS provides strategy design and implementation support, not legal advice (unless separately engaged as attorney)
Implementation Requirements:
- Client must implement recommended strategies in a timely manner per the implementation timeline
- Client must maintain proper documentation for all implemented strategies
- Client must notify PS immediately of material business or financial changes
- Client must consult PS before making major financial decisions affecting tax strategies
- Client must follow ongoing compliance requirements for each implemented strategy
- Client must provide quarterly financial updates as requested by PS
- Client must file tax returns as prepared by PS or coordinated tax preparer
- Client must maintain records per IRS requirements (minimum 7 years)
2.3 Tax Essentials Services
2.3.1 What We Do
Profit Solutions provides comprehensive accounting, bookkeeping, and tax services under the Tax Essentials program, including:
- Monthly bookkeeping services using QuickBooks Online (QBO)
- Transaction categorization and reconciliations
- Financial statement preparation (Balance Sheet, Profit & Loss, Cash Flow Statement)
- Quarterly tax planning and estimated payment calculations
- Annual tax return preparation and filing (federal and state)
- Extensions filed if needed
- Quarterly financial review calls with your assigned team
- QuickBooks Online subscription (included in monthly fee: Simple Start: $38/month Essentials: $75/month Higher-tier QBO plans available to upgrade at pass-through additional monthly rates, depending on client needs)
- Ongoing tax consulting via email/phone during business hours (Monday–Friday, 9am–6pm EST)
- IRS/state notice response assistance for matters related to returns we prepared
2.3.2 What We Don't Do
Unless separately agreed in writing, Tax Essentials does NOT include:
- Tax audit representation (available as an add-on service at $250/hour)
- Legal services or legal advice (we are accountants, not attorneys)
- Entity formation or restructuring (upgrade to Tax Architecture)
- Payroll processing (available as an add-on service)
- Advanced tax strategies such as cost segregation, defined benefit plans, or multi-entity optimization (upgrade to Tax Architecture)
- Financial planning or investment advice (we are not registered investment advisors)
- Bookkeeping prior to your start date (we start fresh from your onboarding date)
2.3.3 Service Delivery Model
We use a team-based approach with multiple quality control layers:
- All work reviewed by U.S.-based licensed professionals (EA/CPA)
- Quality control procedures applied to all deliverables
- U.S.-based client communication during business hours
- Third-party service providers used for certain functions (bound by confidentiality)
You acknowledge and accept this service delivery model as part of our ability to provide high-quality services at competitive pricing.
2.3.4 Service Tier & Pricing
Tax Essentials is offered in two tiers based on annual net profit:
Tier 1: $780/month ($9,360/year)
- For businesses with $150,000 - $250,000 annual net profit
Tier 2: $1,230/month ($14,760/year)
- For businesses with $250,000 - $400,000 annual net profit
This fee includes all services listed in Section 2.3.1, including QuickBooks Online subscription.
2.3.5 Data Access Requirements - CRITICAL
CRITICAL: Accurate bookkeeping and tax preparation require continuous access to your complete financial transaction data.
2.3.5.1 The Critical Importance of Data Access
Professional bookkeeping and tax preparation is impossible without continuous, complete access to your financial transaction data. Unlike traditional accounting where you "deliver a shoebox of receipts once a year," modern accounting requires real-time or near-real-time data access to provide the proactive, year-round tax planning that is the core value of our Tax Essentials service.
You acknowledge that:
- Accurate books require every transaction from every business account
- Missing even one account results in incomplete financial statements
- Incomplete financial statements make effective tax planning impossible
- Tax planning opportunities are time-sensitive and cannot be recaptured retroactively
- Our ability to deliver value depends entirely on your cooperation in providing data access
2.3.5.2 Primary Access Method: Automated Bank Feeds
We use secure, bank-level, read-only access to your financial accounts via third-party aggregation services including:
- Plaid (OAuth-based, token authentication, 12,000+ supported institutions)
- Yodlee (backup system, broader international coverage)
- Intuit Data Feeds (native QuickBooks Online integration)
How it works:
- During onboarding, you authorize connections to all business accounts
- You log in through your bank’s official website or app (not through us)
- Your bank issues a secure token granting us read-only access
- Transactions flow automatically into QuickBooks Online
- We never see or store your banking passwords
- You can revoke access at any time through your bank’s security settings
Security and privacy:
- Read-only access (we cannot move money, make payments, or initiate transactions)
- Bank-level encryption (256-bit SSL)
- FDIC-approved aggregation services
- OAuth 2.0 token-based authentication (industry standard)
- No password storage on our systems
- Compliant with GLBA, SOC 2, and PCI-DSS standards
Your obligations for automated feeds:
You agree to:
- Authorize initial connections during onboarding (all business accounts)
- Maintain active connections throughout the term of this Agreement
- Respond to connection issues within 48 hours of notification
- Re-authorize connections immediately if they break (password change, 2FA update, bank security upgrade)
- Notify us within 5 business days of any account changes (new accounts, closed accounts, changed banks)
- Do not revoke access without cause and without providing alternative access methods
2.3.5.3 When Automated Feeds Break
Automated bank feeds occasionally break due to:
- You changing your bank password (feed breaks until you re-authorize)
- Bank implementing new security requirements (2FA, biometric login)
- Bank system updates or maintenance
- Account closure or transfer to new institution
- Institutional restrictions on third-party access
When a feed breaks, here's what happens:
Day 0: Automated Detection & Notification
- Our system detects the broken connection
- You receive automated email and SMS notification
- Message includes one-click link to re-authorize through your bank
- Takes 2–3 minutes to fix
Day 2: Personal Outreach
- If not fixed within 48 hours, your account manager calls you
- We walk you through re-authorization over the phone
- If your bank no longer supports automated feeds, we discuss alternative methods
Day 7: Escalation & Fee Warning
- If not fixed within 7 days, you receive written notice from our operations director
- Notice explains consequences (manual entry fees, incomplete books, service suspension)
- You have until end of Day 10 to restore access or provide alternative data
Day 10: Books Marked Incomplete
- Your books are marked "incomplete" in client portal
- We cannot provide accurate financial statements
- We cannot perform tax planning (requires complete, accurate books)
- Monthly fee continues (services are available, you're not providing required data)
Day 15: Service Suspension
- If no data access restored by Day 15, services are suspended
- No bookkeeping work performed until you restore access
- Monthly fee continues (you remain under contract, services are available)
- Tax deadlines continue to run (we are not responsible for missed deadlines during your non-compliance)
Day 30: Potential Termination
- If no data access after 30 days, we reserve the right to terminate Agreement for cause
- You remain liable for any unpaid fees through termination date
- We deliver all work completed to date
Critical tax season rules:
If your data access breaks during tax season (January 15 - April 15):
- You must restore access within 24 hours (not 48 hours)
- If not restored by March 1st for prior year returns, we WILL file an automatic extension
- Extension filing does NOT extend payment deadline (you may owe penalties and interest)
- We are not liable for late filing penalties caused by your failure to provide data
2.3.5.4 Alternative Data Access Methods
If automated feeds are permanently unavailable (your bank doesn't support aggregation, institutional restrictions, etc.), you must use one of the following alternative methods:
Method A: Monthly CSV/QFX File Upload (No Additional Fee)
Requirements:
- Download transaction files from your bank monthly
- Upload via our secure client portal by the 5th of each month
- Files must be in CSV, QFX, QBO, or OFX format
- Must include ALL transactions from the prior month
- Must cover ALL business accounts (banks, credit cards, merchant processors)
Process:
- Log into your bank website
- Navigate to "Download Transactions" or "Export to QuickBooks"
- Select prior month date range
- Download file
- Upload to our portal (link provided)
Timeline:
- Files due by 5th of month for prior month transactions
- If not received by 10th, books marked incomplete
- If not received by 15th, services suspended
This method is included in your monthly fee as long as you comply with the 5th-of-month deadline.
Method B: Manual Data Entry from Statements (Additional Fee)
If you cannot or will not provide files:
- Email or upload PDF bank/credit card statements monthly
- We manually enter transactions into QuickBooks
- Billed at $150/hour (minimum 2 hours per month)
- Charged in addition to your monthly fee
Typical time required:
- 2–3 hours/month for simple businesses (1 bank, 1 credit card)
- 4–6 hours/month for complex businesses (multiple accounts, high transaction volume)
- Cost: $300–$900/month additional
This fee applies because:
- Manual entry is labor-intensive and error-prone
- It defeats the efficiency of our automated systems
- It is entirely avoidable if you maintain automated feeds or upload files on time
- We price our base service assuming automated data access
Method C: Hybrid Approach
You may use automated feeds for some accounts and manual methods for others (e.g., Plaid for banks, manual upload for one credit card your bank doesn't support). This is acceptable as long as:
- We receive ALL transaction data by the 10th of each month
- You clearly communicate which accounts use which methods
- You comply with deadlines for each method
2.3.5.5 All Business Accounts Required
You must provide access to:
- All business bank accounts
- All business credit cards
- All merchant processing accounts (Stripe, PayPal, Square, etc.)
- All business loan accounts
Partial access = incomplete books. We cannot perform accurate tax planning without complete data.
2.3.5.6 Newly Opened or Closed Accounts
You must notify us within 5 business days of:
- Opening any new business bank account, credit card, loan, or financial account
- Closing any existing account
- Transferring accounts to a new institution
- Changing account numbers or account types
Why this matters:
If you open a new account and don't tell us:
- Transactions in that account are missing from your books
- Your financial statements are wrong
- Your tax planning is based on incomplete information
- You may miss deductions or owe more tax than necessary
- We cannot catch this error because we don't know the account exists
Consequences of failure to notify:
- Incomplete books and financial statements
- Inaccurate tax planning
- Potential tax underpayment (you may owe penalties and interest)
- Potential amended return fees ($500 per return to correct)
- We are not liable for issues arising from accounts you failed to disclose
2.3.5.7 Your Responsibility for Data Accuracy
While we import transactions automatically, you remain responsible for:
- Transaction accuracy (imported amounts match actual amounts)
- Account reconciliation (identifying errors, missing transactions, duplicates)
- Categorization review (transactions are categorized correctly)
- Receipt/documentation retention (supporting documentation for business expenses)
Our role:
- Import transactions via automated feeds
- Categorize transactions based on merchant/description patterns
- Perform monthly reconciliations
- Flag unusual or questionable transactions for your review
Your role:
- Review categorizations monthly
- Provide context for unusual transactions
- Confirm business vs. personal expenses
- Maintain receipts for audit purposes
If automated data is wrong:
Occasionally, banks mis-report transactions (duplicate entries, wrong amounts, delayed postings). If you identify an error:
- Notify us immediately
- We will investigate with the bank/aggregation service
- We will correct your books once confirmed
- These corrections are included in your monthly fee
However, if the error is on your side (you forgot about a transaction, you mis-categorized it in your own records), and we need to research historical data to fix it, we may charge our hourly rate for extensive research (more than 30 minutes).
2.3.5.8 Liability for Data Access Failures
We are not liable for:
- Penalties, interest, or tax underpayments resulting from your failure to provide timely data access
- Missed tax planning opportunities due to incomplete data
- Late filing fees or penalties due to missing data
- Lost deductions or tax benefits you would have received if data was complete
- Errors in financial statements caused by missing accounts or transactions
- Time and cost required to fix returns if we discover missing accounts after filing
You acknowledge that:
- Timely, complete data access is YOUR responsibility, not ours
- We have provided multiple methods for data access (automated, upload, manual)
- We have provided clear deadlines and consequences
- You have read and understood these requirements
- Failures on your part do not excuse you from paying monthly fees
Exception:
If automated feeds break due to our error (we failed to monitor, we didn't notify you promptly, we didn't follow up), and this causes issues with your books or taxes, we will work with you to resolve at no additional charge. However, this exception does NOT apply if the root cause is on your side (password change, bank closure, failure to respond to our notifications).
2.3.5.9 Best Practices to Avoid Data Access Issues
To ensure uninterrupted service:
- Authorize all accounts during onboarding (don't leave any out)
- Respond to connection alerts within 24 hours (fix before it becomes a problem)
- Update us immediately if you change passwords (before the feed breaks)
- Keep your email/phone current (so you receive our notifications)
- Don't revoke access without discussion (call us first if there's a concern)
- Use strong, stable banking credentials (avoid frequent password changes)
- Notify us of new accounts within 5 days (so we can connect them)
- Set a calendar reminder for the 5th of each month (if using CSV upload method)
Pro tip: If you know you'll be unavailable (vacation, medical leave, sabbatical), notify us in advance and either:
- Pre-authorize a trusted team member to handle re-authorizations, OR
- Switch to CSV upload method temporarily, OR
- Give us a heads-up so we can plan accordingly
We work with you. We just need you to meet us halfway.
2.3.6 Agreement Term Options
Tax Essentials is available with two term options:
Option 1: 24-Month Agreement (Most Popular)
- Term: 24 months from start date
- Setup Fee: $0 (waived)
- Commitment: Binding 24-month commitment - no cancellation during term
- After 24 Months: Automatically converts to month-to-month with 30-day notice
- Start Date: Per Service Agreement
- End Date: 24 months from the first day of the first complete month
Option 2: Month-to-Month Agreement
- Term: Month-to-month
- Setup Fee: $3,500 (one-time, due upon signing, non-refundable)
- Cancellation: Either party may cancel with 30 days written notice
- Start Date: Per Service Agreement
Why 24 months? Tax strategy requires time to implement. We waive the $3,500 setup fee because the 24-month commitment allows us to recover onboarding costs and deliver results through 2 full tax cycles.
2.4 Bookkeeping and Accounting Services
Services Include:
- Monthly transaction recording and categorization
- Bank account reconciliation
- Credit card account reconciliation
- Accounts receivable tracking
- Accounts payable tracking
- Financial statement preparation (Balance Sheet, P&L, Cash Flow)
- QuickBooks setup, training, and maintenance
- Chart of accounts design and optimization
- Month-end and year-end closing procedures
- Sales tax return preparation (if contracted)
- Payroll processing (if contracted separately)
- 1099 preparation and filing
- Financial analysis and KPI reporting
- Clean-up of prior period books
Service Limitations - CRITICAL:
- PS provides bookkeeping services, NOT audit or assurance services
- PS does NOT provide CPA attestation or audit opinions
- Financial statements are COMPILED ONLY without audit procedures
- PS relies entirely on accuracy of Client-provided information
- PS is NOT responsible for detecting fraud, embezzlement, or theft
- Reviews performed are management reviews, NOT audits under GAAS
- Client retains ultimate responsibility for financial accuracy
- No warranty regarding accuracy of underlying transactions
Transaction Volume Limits:
- Fees based on contracted monthly transaction volumes
- Overage transactions billed at $2.00 per transaction over limit
- Major volume changes may require fee renegotiation
- Catch-up work for prior periods billed separately at project rates
Software and System Requirements:
- Client must maintain current QuickBooks Online subscription
- Client must grant and maintain PS administrative access
- PS not liable for QuickBooks outages or third-party failures
- Client responsible for bank feed disconnections or issues
- Client must provide access to all financial institutions
- Client must maintain internet connectivity and system access
Client Responsibilities for Bookkeeping:
- Provide timely access to ALL financial accounts
- Maintain and provide original source documents
- Respond to information requests within 24 hours
- Review and approve monthly financials within 5 business days
- Immediately notify PS of any account access issues
- Provide explanations for unusual transactions
- Notify PS of any known errors or discrepancies
- Maintain supporting documentation per IRS requirements (7 years)
Record Retention:
- PS retains work product for 7 years from service date
- Client must retain original source documents per IRS requirements
- Upon termination, Client receives copy of QuickBooks file (after final payment)
- PS may destroy records after 7-year retention period
2.5 Tax Return Preparation
Services Include:
- Individual tax returns (1040)
- Business tax returns (1065, 1120, 1120S)
- Multi-state returns
- Extension filing
- Amended returns
- Prior year returns
- E-filing included where available
Client Understanding:
- Fees based on return complexity
- Rush fees apply for requests within 30 days of deadline
- Client provides all necessary documentation
- Client signs and is responsible for return accuracy
- Client responsible for estimated tax payments
2.6 Additional Services
As Contracted:
- Business consulting and advisory
- Financial planning coordination
- Entity formation and registration
- Succession planning support
- M&A transaction support
- CFO advisory services
2.7 Service Standards and Disclaimers
PS WILL:
- Use commercially reasonable efforts to provide quality services
- Apply industry-standard methodologies and practices
- Maintain professional competence and licensing
- Communicate material issues promptly
- Provide reasonable client support
PS DOES NOT GUARANTEE:
- Specific tax savings amounts or percentages
- IRS approval or acceptance of any position
- Tax resolution outcomes or settlement amounts
- Audit results or examination outcomes
- Business performance improvements
- Financial statement accuracy beyond information provided
- Detection of fraud, errors, or embezzlement
- Specific timeframes for service completion
- Third-party system reliability (QuickBooks, banks, etc.)
2.8 Accessibility
PS provides reasonable accommodations for persons with disabilities in accordance with the Americans with Disabilities Act (ADA) and applicable state laws. Please contact us at accessibility@profitsolutions.com to request accommodations.
2.9 Multiple Service Engagements
When Client engages multiple service lines:
- Each service requires separate Engagement Agreement
- All Engagement Agreements incorporate these Terms of Service
- Fees are cumulative unless bundled discount specified in writing
- Termination of one service does not automatically terminate others
- Information may be shared across service lines for Client's benefit
- Single payment default may impact all active services
- Confidentiality and IP provisions apply across all services
- Combined services may offer operational efficiencies
3. CLIENT OBLIGATIONS
3.1 General Obligations - ALL SERVICES
Client SHALL:
- Provide complete, accurate, and timely information
- Submit requested documents within specified deadlines (48 hours unless otherwise specified)
- Execute all required authorizations and forms
- Maintain all records as required by federal and state law
- Pay all fees when due according to Engagement Agreement
- Cooperate fully and promptly with PS
- Review deliverables and provide timely feedback
- Notify PS immediately of any material changes affecting services
- Maintain insurance coverage as applicable
- Comply with all applicable laws and regulations
Client WARRANTS:
- All information provided is true, accurate, and complete
- Client has authority to enter this Agreement
- Client has rights to all materials provided to PS
- No third-party rights are violated by Client's engagement
- Client will use PS services for lawful purposes only
- Client is not subject to bankruptcy or insolvency proceedings (unless disclosed)
3.2 Tax Resolution Specific Obligations
For Tax Resolution matters, Client MUST:
- Provide ALL IRS and state tax notices immediately upon receipt
- Disclose ALL tax years with known or potential issues
- Submit complete and accurate financial information (433-A, 433-B forms)
- Stay current with ALL ongoing tax filing and payment obligations
- Attend all required meetings, hearings, and appointments
- Follow PS recommendations and advice promptly
- Immediately notify PS of any IRS or state contact
- Provide Power of Attorney authorization (Form 2848)
- Respond to PS requests within 24-48 hours
- Not communicate with IRS/state authorities without PS knowledge
- Disclose all assets, income, and financial information fully
CRITICAL DEADLINE COMPLIANCE:
IRS and state deadlines are firm and immovable. Failure to provide documents timely may result in:
- Missed statute of limitations deadlines
- Loss of appeal rights
- Increased penalties and interest accrual
- Denial of settlement opportunities
- Enforced collection actions (levies, liens, garnishments)
- Additional professional fees for expedited work
- Termination of representation
3.3 Tax Optimization Specific Obligations
For Tax Optimization Services, Client agrees to:
- Provide requested tax returns and financial documents within 48 hours
- Submit complete and accurate financial information
- Grant necessary access to financial accounts and software
- Attend all scheduled Discovery Calls and Implementation Calls
- Review PTOR and WAB documents thoroughly
- Implement recommended strategies in timely manner
- Follow PS guidance on documentation and compliance
- Maintain proper records of all implemented strategies
- Consult PS before making significant financial decisions
- Provide quarterly financial updates as requested
Strategy Implementation:
- Client is ultimately responsible for strategy execution
- Client must take required actions (entity formation, documentation, etc.)
- PS provides guidance but Client makes final decisions
- Delays in implementation are Client's responsibility
- Client must maintain ongoing compliance with strategies
3.4 Tax Architecture Specific Obligations
For Tax Architecture Services, Client specifically agrees to:
- Provide requested tax returns and financial documents within 48 hours of request
- Submit complete and accurate financial information for forensic analysis
- Grant necessary access to financial accounts, QuickBooks, and other financial software
- Attend all scheduled Discovery Calls, WAB Presentation, and Implementation Calls
- Review Tax Architecture Blueprint (WAB) thoroughly before implementation
- Implement recommended strategies in timely manner per implementation timeline
- Follow PS guidance on documentation requirements and IRS compliance
- Maintain proper contemporaneous records of all implemented strategies
- Consult PS before making any significant financial or business decisions
- Provide quarterly financial updates and year-end projections as requested
- Notify PS immediately of any IRS or state tax authority contact or correspondence
- Authorize PS to coordinate with Client's other professional advisors (CPA, attorney, financial advisor)
Strategy Implementation Responsibilities:
- Client is ultimately responsible for final decisions regarding strategy implementation
- Client must take all required actions (entity formation, retirement plan setup, documentation execution, etc.)
- PS provides strategy design, guidance, and implementation support; Client makes final decisions
- Delays in implementation are Client's responsibility
- Client must maintain ongoing compliance with all implemented strategies
- Client must timely file all required IRS forms and elections (S-Corp election, retirement plan forms, etc.)
Critical Deadline Compliance:
Some strategies have firm IRS deadlines that cannot be extended:
- S-Corp election (Form 2553): Must be filed by March 15 of tax year or within 2 months 15 days of entity formation
- Retirement plan setup: Must be established by December 31 for current year deduction
- Cost segregation: Best if completed before return filing
- Other time-sensitive elections and filings as identified by PS
Failure to meet critical deadlines may result in:
- Strategy becoming ineffective for current tax year
- Loss of tax benefits for that year
- Requirement to wait until following tax year for implementation
- Reduced cumulative tax savings
3.5 Tax Essentials Specific Obligations
For Tax Essentials Services, Client MUST:
- Provide and maintain data access per Section 2.3.5 (Data Access Requirements)
- Grant access to ALL bank accounts, credit cards, and financial institutions
- Maintain automated bank feeds or provide alternative data access methods
- Respond to connection issues within 48 hours of notification
- Notify PS within 5 business days of new/closed accounts
- Provide original source documents for all transactions as requested
- Respond to information requests within 24 hours during normal periods
- Respond within 2 business days during tax season (January 15 - April 15)
- Review monthly financial statements within 5 business days
- Approve or provide corrections to financials promptly
- Immediately notify PS of any access issues or system changes
- Provide explanations for unusual or unclear transactions
- Maintain separate business and personal accounts
- Not make direct QuickBooks entries without PS coordination
- Maintain supporting documentation per IRS requirements
Consequences of Data Access Non-Compliance:
Per Section 2.3.5.3, failure to maintain required data access will result in progressive escalation:
Day 10: Books marked incomplete, no tax planning possible
Day 15: Services suspended (monthly fee continues)
Day 30: Potential termination for cause
3.6 Document Request Compliance - ALL SERVICES
General Document Requirements:
- Standard turnaround: 48 hours unless otherwise specified
- Rush requests: 24 hours (may incur additional fees)
- Tax deadline periods: Same business day for critical items
- Incomplete submissions will be rejected and re-requested
Consequences of Document Delays:
- Inaccurate analysis and recommendations
- Missed tax deadlines and statute expirations
- Increased penalties and interest
- Lost settlement or planning opportunities
- Additional fees for rush processing or expedited work
- Service suspension until compliance
- Potential termination of services
- Client remains liable for all resulting damages
3.7 Approval and Review Process
Client Approval Requirements:
- Client must review all deliverables within specified timeframes
- Tax returns: 5 business days for review before filing deadline
- Financial statements: 5 business days for approval
- Tax strategies: Review before Implementation Call
- Silence after deadline = tacit approval (Client may proceed assumption)
Client Acknowledges:
- Delays caused by Client are Client's sole responsibility
- Missed deadlines due to Client delays void any guarantees
- Client remains liable for all fees despite any delays
- PS not responsible for consequences of Client's delayed approvals
3.8 Exclusive Use and Confidentiality of Strategies
CLIENT ACKNOWLEDGES AND AGREES:
- All tax strategies are PS's proprietary intellectual property
- Strategies may NOT be shared with third parties without written consent
- Client will NOT attempt to replicate strategies independently
- Client will NOT provide strategies to other professionals to implement
- Client will NOT use strategies for benefit of third parties
- Violation may result in immediate termination and damages claim
- Liquidated damages of $25,000 per occurrence for unauthorized disclosure
3.9 Hold Harmless Provision
Client holds PS harmless from ALL claims arising from:
- Inaccurate, incomplete, or false information provided by Client
- Client's failure to disclose material facts
- Delays caused by Client's non-responsiveness
- Penalties and interest from Client's late filing or payment
- Tax liabilities arising from Client's underlying activities
- Client's failure to follow PS recommendations or advice
- Client's decisions regarding strategy implementation
- Client's breach of this Agreement
- Client's illegal activities or tax evasion
- Consequences of Client's misuse of strategies or work product
- Third-party claims related to Client's use of PS services
Client Indemnification:
- Client will indemnify, defend, and hold harmless PS, its owners, employees, contractors, and agents
- From any claims, damages, liabilities, costs (including attorney fees)
- Arising from Client's actions, omissions, or breaches
- Client will cooperate fully in defense of any claims
- PS may participate in defense at PS's expense
4. FEES AND PAYMENT
4.1 Fee Structure by Service Line
Tax Resolution Services:
- Flat fee or structured payment plan per Engagement Agreement
- Based on complexity and tax years involved
- Non-refundable once services commence (subject to applicable law)
- 3% credit card processing fee on all payments
- Additional work outside original scope billed separately
- Collection work charged at hourly rates if needed
- Rush fees may apply for expedited service requests
Tax Optimization Services:
- Monthly recurring implementation fees
- Typically represents 10-15% of identified annual tax savings
- Implementation support included in monthly fee
- Quarterly reviews included
- Annual planning sessions included
- PTOR and WAB creation included in engagement
- Additional consultation beyond included hours billed separately
Tax Architecture Services:
Fee Structure:
- One-time Tax Architecture Fee (due upon execution of Engagement Agreement)
- Non-refundable upon signing
- Compensates for immediate forensic analysis and Blueprint creation (40-60 hours of professional work)
- Monthly Architecture Maintenance Fee (recurring for 36-month minimum term)
- Covers ongoing implementation, monitoring, quarterly reviews, unlimited consultation
- Charged automatically on 1st of each month
- First month may be pro-rated based on engagement start date
- 3% credit card processing fee on all credit card payments (ACH/bank transfer has no fee)
- Additional services beyond contracted scope billed separately at standard professional rates ($300-$500/hour)
- Annual planning sessions and comprehensive strategy updates included in monthly maintenance fee
Tax Essentials Services:
- Tier 1: $780/month ($9,360/year) for businesses with $150,000-$250,000 annual net profit
- Tier 2: $1,230/month ($14,760/year) for businesses with $250,000-$400,000 annual net profit
- Includes all services per Section 2.3.1, including QuickBooks Online subscription
- 24-Month Agreement: $0 setup fee
- Month-to-Month Agreement: $3,500 one-time setup fee (non-refundable)
- Manual data entry (if Client fails to provide automated feeds or CSV uploads): $150/hour
- 3% credit card processing fee on all credit card payments (ACH/bank transfer has no fee)
Bookkeeping Services:
- Monthly recurring fees based on transaction volume
- Tiered pricing by number of monthly transactions
- Base fee covers specified transaction count
- Overage transactions: $2.00 per transaction over limit
- Clean-up of prior periods: Project-based pricing
- Sales tax filing: Additional monthly fee if contracted
- Payroll processing: Separate fee per pay period
- Year-end services: Additional fees may apply
- Major transaction volume changes require fee renegotiation
Tax Return Preparation:
- Per-return pricing based on complexity
- Individual returns: $500-$5,000+ depending on complexity
- Business returns: $1,000-$10,000+ depending on entity and complexity
- Multi-state returns: Additional fees per state
- Amended returns: Minimum $500 per return
- Prior year returns: 25% premium over current year pricing
- Rush fees: 50-100% premium for requests within 30 days of deadline
Project-Based Services:
- Quoted and invoiced per Engagement Agreement
- May require deposit (typically 50%) before work begins
- Balance due upon completion or per milestone schedule
- Additional work beyond scope billed at hourly rates
Hourly Services:
- Consultation: $300-$500 per hour depending on complexity
- Research and analysis: $250-$400 per hour
- Administrative work: $150 per hour
- Billed in 15-minute increments
- Minimum 1-hour charge per session
4.2 Payment Terms and Authorization
Payment Due:
- Paid-in-Full (PIF) services: Due upon Engagement Agreement execution
- Payment plans: Per schedule in Engagement Agreement
- Recurring services: Due on 1st of each month
- Project milestones: Per Engagement Agreement schedule
- Invoiced services: Due within 10 days of invoice date
Automatic Payment Authorization:
By accepting any Engagement Agreement, Client irrevocably authorizes PS to:
- Charge payment method on file automatically per schedule
- Process recurring monthly charges on the 1st of each month
- Collect all fees when due without additional authorization
- Apply late fees and interest as specified herein
- Charge for additional services as incurred
- Update payment amounts per Agreement terms
Credit Card Processing:
- 3% processing fee applies to ALL credit card payments
- Processing fee is non-refundable
- Fee calculated on total payment amount
- Alternative payment methods (ACH) may reduce or eliminate fee
Payment Methods Accepted:
- Credit cards (Visa, Mastercard, Amex, Discover): +3% fee
- ACH bank transfer: No additional fee
- Check: No additional fee (must clear before services commence)
- Wire transfer: Client pays all bank fees
4.3 Late Payment and Collection Terms
Late Payment:
- Payments not received by due date are considered late
- Late fee: 1.5% per month (18% APR) on unpaid balance
- Interest accrues daily from due date
- Services may be suspended immediately upon late payment
- No partial credit for suspended service periods
NSF and Returned Payments:
- $40 fee for each declined, returned, or NSF payment
- Payment considered late from original due date
- Client must provide alternative payment within 24 hours
- Repeated payment failures may result in immediate termination
Collection Actions:
Client agrees that upon payment default, PS may:
- Suspend all services across all service lines immediately
- Terminate all Engagement Agreements
- Report default to credit bureaus (where permitted by law)
- Retain all work product until full payment received
- Pursue all legal remedies including liens and judgments
- Engage collection agencies or attorneys
- Add all collection costs to balance due
Collection Costs:
Client agrees that upon payment default, PS may:
- Attorney fees and legal costs (including appellate fees)
- Collection agency fees and commissions
- Court costs and filing fees
- Interest continuing to accrue
- Additional late fees
- Cost of credit reports
- Process service and judgment enforcement costs
4.4 Payment Plan Default Provisions
For Services with Payment Plans:
Default Triggers:
- Any missed or declined payment
- NSF or returned payment
- Insufficient funds for automatic charge
- Cancelled or expired payment method
- Client request to stop payment
Default Consequences - IMMEDIATE:
- Entire remaining balance becomes due immediately (acceleration)
- All services suspended across ALL service lines
- $40 NSF fee if applicable
- Late payment interest begins accruing at 1.5% monthly
- PS may terminate Agreement and withdraw Power of Attorney
- PS may retain all work product until full payment
- Client loses access to all strategies and materials
- For Tax Architecture: WAB deleted and Client loses all rights to strategies
- For Tax Optimization: WAB deleted and Client loses all rights to strategies
- For Tax Essentials: QuickBooks access revoked, files retained until payment
- For Tax Resolution: Representation withdrawn, Client notified of deadline impacts
- For Bookkeeping: QuickBooks access revoked, files retained until payment
Post-Default Terms:
- No partial payments accepted without PS written agreement
- Client waives any claims to completed but unpaid work product
- Collection costs and attorney fees added to balance
- Client may not dispute charges for services already rendered
- PS may pursue all legal and equitable remedies
- Credit bureau reporting may occur (where permitted)
Reinstatement:
- Only at PS's sole discretion after written request
- Requires payment of all past due amounts plus fees
- May require new payment terms or security
- May require increased fees or shortened payment schedule
4.5 Refund Policy
NO REFUNDS EXCEPT AS FOLLOWS:
Services are NON-REFUNDABLE once commenced, except:
- PS's material breach of service obligations
- PS's complete failure to provide contracted services
- As required by applicable state or federal law
- During any mandatory cooling-off period required by law
Non-Refundable Fees Include:
- Down payments (non-refundable immediately upon payment)
- All fees for work performed to date
- Time spent on Client's matter
- Strategy development and analysis
- Document review and preparation
- Communications and consultations
- Third-party costs incurred
- Tax Architecture Fee (one-time, non-refundable upon signing)
- Tax Essentials Setup Fee (month-to-month agreements, non-refundable)
Pro-Rated Refunds (If Applicable):
- Only for recurring services terminated properly
- Only for periods after termination date
- Never for initial setup or onboarding fees
- Subject to deduction for all work performed
- Subject to minimum fees per Agreement
- Only after return of all PS materials
Consumer Protection Rights:
- Nothing herein limits rights under applicable consumer protection laws
- State-specific cooling-off periods honored where required
- Client right to cancel under law supersedes these terms
- See Section 16 for state-specific consumer rights
4.6 Credit Card Authorization and Chargeback Agreement
Irrevocable Authorization:
Client acknowledges and agrees:
- Credit card authorization is IRREVOCABLE once services begin
- Cannot be cancelled, stopped, or revoked by Client
- Applies to all payments per Engagement Agreement schedule
- Applies to additional fees incurred during engagement
- Card issuer has no authority to override this authorization
Chargeback Prohibition:
To the fullest extent permitted by law and card network rules:
- Client agrees NOT to dispute legitimate authorized charges
- Client acknowledges this limits certain chargeback rights
- "Legitimate charges" means charges for services contracted and rendered
- Client agrees chargebacks for buyer's remorse are prohibited
- Unwarranted chargebacks constitute breach of Agreement
Chargeback Consequences:
If Client initiates unwarranted chargeback:
- Client liable for original charge plus $500 processing fee
- Client liable for all PS legal fees to contest chargeback
- PS may immediately terminate all services
- PS may pursue legal action for breach of contract
- Damages include attorney fees and collection costs
- PS may report to credit bureaus (where permitted)
Legitimate Disputes:
Client retains right to dispute:
- Unauthorized charges (fraud or identity theft)
- Duplicate charges for same service
- Charges for services explicitly not rendered
- Charges exceeding authorized amounts without notice
- Must first contact PS before initiating chargeback
4.7 Payment Card Data Security
PCI-DSS Compliance:
- PS maintains PCI-DSS Level 2 compliance standards
- Payment processing through certified payment gateway
- CVV codes NEVER stored after initial transaction
- Card numbers encrypted in secure tokenized format
- Access limited to authorized personnel only
Data Security Measures:
- Industry-standard encryption (TLS 1.2+)
- Regular security assessments and penetration testing
- Network segmentation and firewall protection
- Multi-factor authentication for system access
- Annual PCI compliance validation
Client Responsibilities:
- Keep payment method information current
- Notify PS immediately of compromised card
- Update expired card information before due date
- Provide replacement card information within 24 hours
- Maintain security of PS account login credentials
Data Breach Notification:
- PS will notify Client per applicable state and federal law
- Notification within timeframe required by law
- PS not liable for breaches of third-party processors
- Client maintains own fraud protection through card issuer
4.8 Fee Increases and Modifications
PS reserves right to:
- Increase recurring fees with 30 days' written notice
- Adjust fees based on scope changes
- Add fees for services beyond original scope
- Implement emergency fees for rush services
- Modify fee structure annually
Fee Increase Procedures:
- Notice provided via email to address on file
- Increase effective on date specified in notice (minimum 30 days)
- Client may terminate within notice period to avoid increase
- Continued use after notice date constitutes acceptance
Scope Change Fees:
- Material scope increases require fee adjustment
- PS will notify Client before incurring additional fees
- Client may approve or decline additional work
- Declining additional work may limit service effectiveness
5. POWER OF ATTORNEY AND REPRESENTATION
5.1 Authorization Required for Tax Resolution
For Tax Resolution Services, Client MUST execute:
- IRS Form 2848 (Power of Attorney and Declaration of Representative)
- State-specific Power of Attorney forms as applicable
- Third-party authorizations for other agencies if needed
- Cannot proceed with representation without executed POA
POA Timing:
- Must be executed before any IRS/state contact
- PS will provide forms with instructions
- Client must sign and return within 24 hours
- Delays in POA execution may jeopardize case
5.2 Scope of Representation Authority
POA authorizes PS to:
- Receive and review all tax information and correspondence
- Communicate with IRS and state tax authorities on Client's behalf
- Negotiate settlements, installment agreements, and offers
- Represent Client in examinations, audits, and appeals
- Sign certain agreements and forms on Client's behalf (when authorized)
- Attend meetings and hearings as Client's representative
- Access Client's tax account transcripts and records
- Receive copies of all notices and correspondence
- Represent Client in Collection Due Process hearings
POA Limitations - PS NOT Authorized to:
- Sign Client's tax returns (Client must sign)
- Endorse or negotiate Client's refund checks
- Bind Client to settlements without Client approval
- Make estimated tax payments on Client's behalf
- Agree to tax assessments without Client consent
- Waive Client rights without explicit authorization
- Enter into payment agreements exceeding specified limits (if applicable)
5.3 Representation Standards
PS Will:
- Act in accordance with Circular 230 regulations
- Maintain professional competence and ethical standards
- Communicate material developments promptly
- Exercise due diligence in all matters
- Maintain confidentiality per professional standards
- Represent Client's interests zealously within bounds of law
PS Will NOT:
- Guarantee specific outcomes
- Make promises regarding IRS decisions
- Represent that PS has special influence with IRS
- Engage in any unethical or illegal conduct
- Continue representation if Client insists on unlawful action
5.4 Client Cooperation in Representation
Client Must:
- Disclose all facts relevant to representation
- Provide all documents requested by PS or IRS
- Maintain current contact information
- Respond promptly to PS communications
- Attend meetings and hearings as required
- Follow PS advice regarding IRS compliance
- Not communicate with IRS without PS knowledge
- Authorize PS to speak on Client's behalf
5.5 Withdrawal of Representation
PS may withdraw representation for:
- Client's material breach of this Agreement
- Client's non-cooperation or non-responsiveness
- Client's provision of false information
- Client's illegal conduct or requests
- Non-payment of fees
- Irreconcilable conflict with Client
- Client's failure to follow professional advice
Withdrawal Procedures:
- PS will notify Client in writing
- PS will notify IRS/state of withdrawal (Form 2848 revocation)
- Client remains responsible for all deadlines
- Client responsible for engaging new representation
- No refund due upon voluntary or required withdrawal
5.6 Tax Optimization, Tax Architecture, and Tax Essentials - No Attorney-Client Privilege
IMPORTANT NOTICE:
- Rick Abdallah possesses JD and is a licensed attorney
- These credentials are qualifications only
- Unless SPECIFICALLY engaged as attorney (separate written engagement):
- NO attorney-client relationship exists
- NO attorney-client privilege applies to communications
- Services provided in capacity as Enrolled Agent and CPA
- Tax advice subject to Circular 230, not attorney privilege rules
If Attorney Services Needed:
- Must be separately contracted in writing
- Subject to separate fee arrangement
- Attorney-client privilege will then apply
- Different engagement terms will govern
6. CONFIDENTIALITY & DATA PROTECTION
6.1 Mutual Confidentiality Obligations
Both Parties Agree:
- Maintain strict confidentiality of all Confidential Information
- Use Confidential Information only for purposes of this Agreement
- Protect Confidential Information with same care as own confidential information (but no less than reasonable care)
- Not disclose to third parties without written consent
- Return or destroy Confidential Information upon termination
Confidential Information Includes:
- Tax returns and financial information
- Business strategies and planning
- Proprietary methodologies and strategies (PS)
- Trade secrets and intellectual property (PS)
- Client lists and business relationships (PS)
- Financial data and projections
- Personal identification information
- All communications regarding services
Exceptions - May Disclose When:
- Required by law, court order, or regulatory authority
- With prior written consent of disclosing Party
- To professional advisors bound by confidentiality obligations
- Information already publicly available through no breach
- Information independently developed without use of confidential information
- To enforce rights under this Agreement
6.2 Tax Resolution and Practitioner Confidentiality
Circular 230 Protections:
- IRS Circular 230 prohibits PS from disclosing tax information
- Communications regarding tax matters are confidential
- Limited exceptions for compliance with law
- Does NOT create attorney-client privilege (unless separately engaged as attorney)
- Enrolled Agent privilege limited to IRS matters only (not state)
IRS Requirements:
- PS may be required to produce records pursuant to IRS summons
- Client will be notified if legally permitted
- PS will assert privilege and protections where available
- Court order may compel disclosure despite PS objections
6.3 Data Security and Protection Measures
PS Implements:
- Industry-standard encryption for data transmission and storage (TLS 1.2+, AES-256)
- Multi-factor authentication for system access
- Regular security assessments and penetration testing
- Network segmentation and firewall protection
- Access controls limiting employee access to need-to-know basis
- Secure file sharing (encrypted portals, no email attachments)
- Regular staff training on data security and privacy
- Incident response plan for security events
- Business continuity and disaster recovery plans
- PCI-DSS compliance for payment card data
Physical Security:
- Secure office facility with controlled access
- Locked file cabinets for physical documents
- Clean desk policy for sensitive information
- Secure document destruction (shredding)
Third-Party Security:
- Due diligence on all vendors and subcontractors
- Written data protection agreements with all vendors
- Regular vendor security assessments
- Cloud providers meet industry standards (SOC 2, ISO 27001)
6.4 Data Breach Notification
In Event of Data Breach Affecting Client Information:
PS Will:
- Conduct immediate investigation of scope and impact
- Notify affected Clients as required by applicable law
- Provide notification within the timeframe required by state and federal law (typically 30–60 days)
- Provide information regarding the nature of the breach and data affected
- Recommend steps Clients should take to protect themselves
- Cooperate with law enforcement and regulatory authorities
- Implement additional security measures to prevent recurrence
Notice Will Include:
- Description of the incident and date discovered
- Types of information involved
- Steps PS has taken to address the breach
- Contact information for Client questions
- Available resources (credit monitoring if applicable)
Client Responsibilities After Breach:
- Monitor accounts and credit reports
- Report suspicious activity to appropriate authorities
- Consider a credit freeze or fraud alerts
- Change passwords and security credentials
- Follow PS recommendations for protection
6.5 Privacy Policy and Personal Information
Personal Information Collection and Use:
- Contact information (name, address, phone, email)
- Financial information (income, assets, accounts)
- Tax identification numbers (SSN, EIN)
- Business information (entity details, ownership)
- Payment card information (processed securely)
- Communications and correspondence
- Billing and transaction history
Types of Information Collected:
- Contact information (name, address, phone number, email address)
- Financial information (income, assets, bank and investment accounts)
- Tax identification numbers (SSN, EIN, ITIN)
- Business information (entity details, ownership structure)
- Payment card information (processed securely through certified providers)
- Client communications and correspondence
- Billing records and transaction history
Information Sharing:
- Access personal information held by PS
- Request correction of inaccurate information
- Request deletion (subject to legal retention requirements)
- Opt-out of marketing communications
- Submit privacy complaints or concerns
Client Rights:
- Access personal information held by PS
- Request correction of inaccurate information
- Request deletion (subject to legal retention requirements)
- Opt-out of marketing communications
- Submit privacy complaints or concerns
Data Retention:
- Records retained per IRS requirements (minimum 7 years)
- May retain longer if required by law or for legal defense
- Secure destruction after retention period expires
- Client may request copy of records before destruction
6.6 Confidentiality Survival
Confidentiality obligations survive:
- Termination of this Agreement
- Completion of services
- For a period of 7 years after termination
- Indefinitely for trade secrets and proprietary information
- As required by professional standards and law
7. INTELLECTUAL PROPERTY RIGHTS
7.1 PS Proprietary Property
PS Retains ALL Rights to:
- Tax optimization strategies and methodologies
- Tax architecture strategies and methodologies
- Tax essentials integration methodologies
- Wealth Acceleration Blueprint (WAB) framework and structure
- Proprietary analysis tools and software
- Templates, forms, and standardized processes
- Training materials and educational content
- Marketing materials and brand assets
- Website content and online materials
- Operational systems and workflows
- Client assessment and qualification processes
- All improvements and derivatives
PS Intellectual Property Includes:
- Copyrights in all written materials
- Trade secrets in methodologies and processes
- Trademarks in PS branding (pending or registered)
- Patents (if applicable) in proprietary systems
- Database rights in compiled information
- Know-how and expertise
Client Acknowledges:
- No ownership interest in PS intellectual property
- No license beyond scope of this Agreement
- No right to use after termination of services
- Strategies are licensed for Client’s use only, not owned
- Value of strategies exceeds fees paid
7.2 Client Work Product and Deliverables
Client Owns (After Full Payment):
Conditional Transfer for Swift Site Plan:
-
(a) Delivery and transfer of any Work Product that constitutes a hosted website, website source files, or related hosting assets shall be deferred until the Client has remitted thirty-six (36) consecutive monthly hosting payments as set forth in the applicable Engagement Agreement.
-
(b) Until such payments are received in full, Profit Solutions retains ownership and control of the hosted site and related Work Product, and the Client’s license remains as specified in the Engagement Agreement.
-
(c) Upon receipt of the thirty-sixth (36th) payment and satisfaction of all outstanding fees, Profit Solutions will provide the agreed deliverables (including QuickBooks backups, website source files, and other applicable Work Product) per Section 11.5.
- Completed tax returns prepared for Client
- Custom financial reports created specifically for Client
- Client-specific analysis and recommendations
- Compiled financial statements (bookkeeping clients)
- QuickBooks data file (bookkeeping and Tax Essentials clients)
- Documents created specifically for Client's use
Client Does NOT Own:
- The methodologies used to create deliverables
- Templates or forms used in preparation
- PS proprietary strategies or frameworks
- Analysis tools or software
- Any pre-existing PS intellectual property
- Work product if fees remain unpaid
Conditional Ownership:
- Client ownership contingent on full payment of all fees
- If fees unpaid, PS retains all work product
- Upon full payment, ownership transfers as specified
- PS retains copies for records and legal compliance
7.3 Client License to Use Strategies
Limited License Granted:
For Tax Optimization, Tax Architecture, and Tax Essentials clients with paid services:
- Non-exclusive license to implement strategies for Client's own use
- License personal to Client only (not transferable)
- License limited to Client's own tax planning
- May not share, teach, or provide strategies to others
- May not replicate strategies for any other person or entity
- License terminates upon termination of services (unless lifetime implementation specified)
Permitted Uses:
- Implement strategies for Client's own tax benefit
- Share with Client's personal tax preparer for implementation (under confidentiality)
- Share with Client's legal or financial advisors on a need-to-know basis under confidentiality
- Maintain records required for compliance
Prohibited Uses:
- Teaching or training others in PS strategies
- Providing strategies to competitors or other professionals
- Reverse engineering or attempting to replicate methodologies
- Creating derivative works based on PS strategies
- Using strategies in Client's own professional practice (if Client is a tax professional)
- Any commercial use of strategies beyond Client's personal use
7.4 Proprietary Information Protection
WAB and PTOR Specific:
- Each WAB valued at $5,000 as proprietary intellectual property
- Blueprint access revocable upon non-payment or breach
- May not be shared outside Client and Client's implementation team
- Unauthorized disclosure constitutes trade secret misappropriation
- Liquidated damages of $25,000 per unauthorized disclosure
Tax Essentials Integration Methodology:
- PS's integrated bookkeeping/tax planning approach is proprietary
- Client may not teach or replicate this integration model
- Client may not use PS methodology to provide services to others
- Liquidated damages of $25,000 per unauthorized disclosure
Client Agrees NOT to:
- Copy, reproduce, or distribute PS materials
- Attempt to discover underlying methodologies
- Use PS systems to create competing services
- Assist others in replicating PS services
- Disparage or dilute PS intellectual property
7.5 Intellectual Property Violations
Remedies for Violations:
- Immediate termination of all services
- Injunctive relief to prevent further violations
- Liquidated damages as specified
- Actual damages and profits from misappropriation
- Attorney fees and court costs
- PS may pursue all legal and equitable remedies
Liquidated Damages:
Client agrees that upon violation:
- $25,000 per incident of unauthorized disclosure
- $50,000 for commercial use of strategies
- $10,000 for each breach of license restrictions
- Amounts represent reasonable estimate of PS damages
- Amounts do not limit PS's right to seek additional damages
8. RESTRICTIVE COVENANTS
8.1 Non-Solicitation of Personnel
Client Agrees NOT to:
- Solicit, recruit, or hire PS employees or contractors
- Encourage PS personnel to terminate employment
- Engage PS team members for independent services
- Assist third parties in recruiting PS personnel
- Interfere with PS employment relationships
Scope and Duration:
- Applies during term of Agreement
- Continues for 2 years after termination
- Applies to all PS personnel Client has contact with
- Includes direct and indirect solicitation
Permitted Activities:
- General job postings not targeting PS personnel
- Hiring personnel who independently apply
- If personnel initiates contact independently (with documentation)
Liquidated Damages:
- $25,000 per solicited individual
- Plus PS's costs of recruiting replacement
- Plus attorney fees to enforce
- Amounts represent reasonable estimate of PS damages
8.2 Non-Disparagement
Mutual Non-Disparagement:
Neither Party shall:
- Make false, misleading, or negative public statements about the other
- Disparage other Party's reputation, services, or personnel
- Encourage others to avoid or terminate relationship
- Post negative reviews containing false information
- Damage other Party's business relationships
Scope and Duration:
- Applies during term of Agreement
- Continues for 3 years after termination
- Applies to public and semi-public statements
- Includes social media, review sites, professional networks
Permitted Activities:
- Truthful responses to direct questions
- Honest reviews if factually accurate and not malicious
- Statements required by law or legal proceedings
- Private communications with attorneys/advisors
- Good faith feedback directly to other Party
Remedies:
- Injunctive relief to remove disparaging content
- Damages for business harm
- Attorney fees and costs
- PS may withhold deliverables pending resolution
8.3 Non-Competition Regarding PS Strategies
Client Agrees NOT to:
- Use PS strategies to provide services to others
- Create competing tax planning services based on PS methodologies
- Teach or train others in PS strategies
- Assist competitors in replicating PS services
- Develop derivative services from PS intellectual property
Scope:
- Applies if Client is or becomes tax/financial professional
- Applies during term and 3 years after termination
- Applies regardless of whether services terminated
- Geographic scope: Unlimited (strategies are unique)
Permitted Activities:
- Client may continue own professional practice
- Client may provide general tax/financial services
- Client may not specifically use PS proprietary strategies
- Client may use general knowledge and experience
Clarification:
- This does NOT prohibit Client from working in tax/financial fields
- Only prohibits use of PS specific proprietary strategies
- Does not prohibit publicly available tax strategies
- Only restricts use of PS's unique methodologies
9. WARRANTIES AND DISCLAIMERS
9.1 PS Limited Warranties
PS Warrants:
- Services will be performed with professional care and competence
- Personnel performing services are qualified and licensed as required
- PS has necessary business licenses and insurance
- Services will comply with applicable professional standards
- PS will maintain confidentiality per this Agreement
PS Does NOT Warrant:
- Any specific outcome or result
- That strategies will not be challenged
- That all opportunities have been identified
- Accuracy of projections or estimates
- That tax laws will not change
- Third-party performance or cooperation
9.2 NO WARRANTIES - AS IS SERVICES
SERVICES PROVIDED "AS IS" WITHOUT WARRANTY OF:
- Specific tax savings amounts or percentages
- IRS or state tax authority acceptance or approval
- Successful tax resolution outcomes
- Settlement amounts or payment arrangements
- Penalty elimination or interest abatement
- Audit results or examination outcomes
- Business performance improvements
- Financial statement accuracy beyond information provided
- Detection of fraud, errors, or embezzlement by third parties
- Specific timeframes for completion (subject to external factors)
- Third-party system reliability or performance
- Uninterrupted service or access
DISCLAIMER OF IMPLIED WARRANTIES:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PS DISCLAIMS:
- All implied warranties of merchantability
- All implied warranties of fitness for particular purpose
- All implied warranties of title or non-infringement
- All warranties arising from course of dealing or usage of trade
- Any warranties beyond those expressly stated herein
9.3 No Guarantees or Promises
PS DOES NOT GUARANTEE:
- IRS will accept Offers in Compromise
- State authorities will approve installment agreements
- Tax liens will be released or subordinated
- Levies or garnishments will be stopped
- Penalties will be abated or eliminated
- Audit results will be favorable
- Appeals will be successful
- Tax strategies will survive audit challenge (though PS defends all positions taken)
- Estimated tax savings will materialize
- Business decisions will be profitable
- Financial goals will be achieved
- Third parties will cooperate or perform
9.4 Tax Strategy Risk Acknowledgment
CLIENT UNDERSTANDS AND ACKNOWLEDGES:
- All tax strategies carry some degree of audit risk
- IRS may disagree with tax positions taken
- Tax laws change frequently and sometimes retroactively
- State tax laws may differ from federal laws
- International tax matters involve complex compliance
- Aggressive strategies carry higher risk
- Conservative strategies provide more certainty
- Position risk is separate from strategy quality
- Client makes final decisions on risk tolerance
- Client may consult independent advisors
- Penalties may apply if positions are disallowed
- Interest accrues on underpaid taxes
9.5 Bookkeeping and Tax Essentials Limitations
CLIENT SPECIFICALLY ACKNOWLEDGES:
For Bookkeeping and Tax Essentials Services:
- PS provides bookkeeping services, NOT audit services
- PS does NOT provide CPA attestation or audit opinions
- Financial statements are COMPILED ONLY without audit procedures
- PS relies entirely on accuracy of Client-provided information
- PS is NOT responsible for detecting:
- Fraud or embezzlement
- Theft or misappropriation of assets
- Errors in source documents
- Falsified records or documents
- Unauthorized transactions
- Reviews are management reviews, NOT audits under GAAS standards
- Client retains ultimate responsibility for financial accuracy
- No warranty regarding detection of errors or irregularities
For Tax Essentials Services Specifically:
- Tax planning effectiveness depends on complete, accurate financial data
- Missing accounts or transactions compromise tax planning quality
- PS cannot identify tax opportunities without complete data access
- Client's failure to maintain data access voids tax planning value
- Automated bank feeds may occasionally disconnect (Client must restore)
- PS relies on Client's categorization confirmations and explanations
- PS is not liable for tax consequences of incomplete data
9.6 Reliance on Client Information
PS Entitled to Rely on:
- Accuracy and completeness of all Client information
- Truth of all Client representations
- Authenticity of documents provided
- Client's authority to provide information
- Client's disclosure of all material facts
- Client's compliance with laws
PS Not Required to:
- Verify accuracy of Client information
- Audit Client's books and records
- Investigate potential fraud
- Confirm information with third parties
- Search for undisclosed information
- Question Client's honesty or integrity (absent red flags)
9.7 Third-Party Reliance
Client Acknowledges:
- Work product prepared for Client's use only
- Third parties may not rely on PS deliverables without written consent
- PS owes no duty to third parties
- Client may not distribute work product to third parties without consent
- If Client shares with tax preparer, Client responsible for any errors in implementation
10. LIMITATION OF LIABILITY
10.1 Maximum Liability Cap
PS'S MAXIMUM AGGREGATE LIABILITY:
Limited to LESSER of:
- Total fees paid by Client in preceding 12 months for specific service causing claim
- $25,000
Cap Applies to:
- All claims regardless of legal theory (contract, tort, negligence, etc.)
- All claims arising from or related to this Agreement
- All claims by Client, Client's employees, or third parties
- Claims for any type of damages
- Multiple claims aggregated together
- Claims across all service lines combined
Exceptions to Cap:
- Claims arising from PS's gross negligence or willful misconduct
- Claims for PS's breach of confidentiality obligations
- Claims arising from PS's fraud or intentional misrepresentation
- Claims that cannot be limited under applicable law
10.2 Excluded Damages - No Consequential Damages
PS NOT LIABLE FOR:
- Indirect or consequential damages
- Lost profits or revenue
- Lost business opportunities
- Loss of goodwill or reputation
- Lost data (except as required to be recoverable under law)
- Business interruption losses
- Cost of substitute services
- Punitive or exemplary damages
- Emotional distress damages
- Tax penalties or interest (these are Client's liability)
- IRS or state tax authority actions or decisions
- Audit adjustments or assessments
- Third-party claims against Client
- Legal fees incurred by Client (except as required by law)
Even If:
- PS has been advised of possibility of such damages
- Such damages are reasonably foreseeable
- Exclusive remedy fails of its essential purpose
10.3 Allocation of Risk
Client Acknowledges:
- These limitations reflect agreed allocation of risk
- Fees are set based on these limitations
- PS would not provide services without these protections
- Client has opportunity to purchase additional insurance
- Client may be able to obtain insurance for covered risks
10.4 Client Indemnification of PS
Client Agrees to Indemnify, Defend, and Hold Harmless:
- Profit Solutions Pro Inc.
- Its owners, officers, directors, employees, contractors, and agents
From All Claims Arising From:
- Inaccurate, incomplete, or false information provided by Client
- Client's material breach of this Agreement
- Client's failure to disclose material facts
- Delays caused by Client's non-responsiveness or non-cooperation
- Tax penalties and interest arising from Client's underlying activities
- Client's failure to follow PS recommendations or advice
- Client's decisions regarding strategy implementation
- Client's illegal activities, tax evasion, or fraudulent conduct
- Consequences of Client's misuse of strategies or work product
- Third-party claims related to Client's use of PS services
- Client's breach of confidentiality or intellectual property rights
- Client's violation of restrictive covenants
- Client's employment or business decisions
- Disputes between Client and third parties
- Client's failure to maintain required data access (Tax Essentials)
- Tax consequences of incomplete financial data (Tax Essentials)
Indemnification Includes:
- Attorney fees and legal costs (including appellate and collection costs)
- Court costs and filing fees
- Expert witness fees
- Settlement costs and judgments
- Costs of investigation and defense
- PS's time and expenses in responding to claims
Defense Cooperation:
- Client will cooperate fully in defense of claims
- Client will not settle claims without PS consent
- PS may participate in defense at its own expense
- PS may assume defense at its discretion
- Client will not make admissions without PS consent
10.5 Multiple Claims and Parties
If Multiple Clients or Claims:
- Each Client is severally liable, not jointly
- Liability cap applies per Client
- Multiple claims do not increase cap
- Claims aggregated for purposes of cap
- First claims exhaust available recovery
10.6 Exclusive Remedy
Client Acknowledges:
- These limitations constitute Client's exclusive remedy
- No other damages or remedies available except as specified
- Applies regardless of whether other remedies fail their essential purpose
- Client waives all other claims and remedies
11. TERM AND TERMINATION
11.1 Agreement Term
Term Begins:
- Upon Client's execution of any Engagement Agreement
- Upon Client's payment of fees
- Upon Client's acceptance of these Terms (whichever is earliest)
Term Continues:
- For duration specified in Engagement Agreement
- Until services are completed
- Until terminated per provisions herein
- For recurring services: Month-to-month after initial term
11.2 Service-Specific Terms
Tax Resolution Services:
- Project-based engagement
- Continues until matter resolved or representation withdrawn
- May span multiple years depending on case complexity
- Client may not terminate during active IRS proceedings without jeopardizing case
Tax Optimization Services:
- Recurring monthly services
- Initial term typically 6-12 months
- Converts to month-to-month after initial term
- Implementation ongoing during active Blueprint
Tax Architecture Services:
- 36-month minimum initial term
- Converts to month-to-month after 36-month initial term
- Early termination results in loss of strategy access
- Client remains responsible for all fees through termination date
Tax Essentials Services:
- 24-Month Agreement: Binding commitment for 24 months from start date
- No cancellation during 24-month term
- After 24 months: Automatically converts to month-to-month
- Month-to-month phase: Either party may cancel with 30 days written notice
- Month-to-Month Agreement: Either party may cancel with 30 days written notice
- Notice must be given before 1st of month to avoid next month's charge
- Requires 30 days' notice to terminate (after initial term)
- Must reconcile all periods before termination
11.3 Client Right to Cancel
Cooling-Off Period (If Applicable):
- Certain states provide mandatory cooling-off periods
- Typically 3-7 days from contract signing
- Specific rights detailed in Engagement Agreement
- Must be exercised per state law requirements
- Full refund if cancelled during cooling-off period per law
After Cooling-Off Period:
- No right to cancel for convenience (unless month-to-month)
- May request termination subject to terms herein
- All fees through termination date remain due
- No refund for services rendered
- Early termination of Tax Architecture Services results in loss of strategy access
- Early termination of Tax Essentials 24-month Agreement requires payment through end of 24-month term
Termination Notice Requirements:
- Recurring services: 30 days' written notice required
- Notice must be sent to: cancellations@profitsolutions.com
- Notice must include Client name and account details
- Termination effective on next billing cycle after notice period
- Fees due through effective termination date
11.4 PS Termination for Cause
PS May Terminate Immediately for:
- Non-payment of fees when due
- Material breach of this Agreement
- Client's provision of false or misleading information
- Client's non-cooperation or persistent non-responsiveness
- Client's illegal requests or activities
- Client's failure to provide required documents after repeated requests
- Excessive risk to PS professional reputation
- Conflict of interest that cannot be resolved
- Client's abusive or threatening behavior toward PS personnel
- Client's breach of confidentiality or IP rights
- Client's violation of restrictive covenants
- Client's refusal to follow essential professional advice
Tax Resolution Specific Grounds:
- Client's failure to stay current with ongoing tax obligations
- Client's failure to disclose material information to IRS
- Client's communication with IRS without PS authorization
- Client's lack of cooperation with IRS requests
- Client's failure to attend required meetings or hearings
- PS determines representation would violate professional standards
Tax Architecture Specific Grounds:
- Client's refusal to implement any recommended strategies
- Client's failure to provide required financial information
- Client's modification of strategies without PS consultation
- Client's sharing of proprietary strategies with unauthorized parties
Tax Essentials Specific Grounds:
- Revocation of system access by Client
- Client makes unauthorized entries in QuickBooks
- Persistent delays in providing source documents
- Excessive transaction volume beyond agreement
- Client fails to maintain required data access per Section 2.3.5
- Repeated violations of data access requirements (3+ instances in 12 months)
- Data access suspension lasting 30+ days without resolution
- Pattern of missing monthly file upload deadlines (4+ times per year)
- Refusal to authorize necessary account connections after repeated requests
Bookkeeping Specific Grounds:
- Revocation of system access by Client
- Client makes unauthorized entries in QuickBooks
- Persistent delays in providing source documents
- Excessive transaction volume beyond agreement
- Client fails to maintain account access
11.5 Effect of Termination
Upon Termination by Either Party:
Financial Obligations:
- All fees through termination date remain due immediately
- For payment plans: Entire remaining balance due immediately (acceleration)
- For Tax Architecture Services: All outstanding fees due immediately
- For Tax Essentials 24-Month Agreements: All fees through end of 24-month term remain due
- All outstanding invoices due within 10 days
- Collection costs added if not paid timely
- No refund for any prepaid services or fees
- Client liable for costs to complete work-in-progress if applicable
Service Cessation:
- All services stop immediately upon termination
- No obligation to complete work-in-progress (unless paid in full)
- Scheduled calls and meetings cancelled
- System access revoked
- Client removed from systems and communications
Tax Resolution Specific:
- PS will file Form 2848 revocation with IRS
- PS will notify state authorities of representation withdrawal
- Client becomes responsible for all communications with authorities
- Client must meet all deadlines and obligations directly
- PS will notify Client of pending deadlines at termination
- No responsibility for missed deadlines after termination
Tax Architecture Specific:
- Access to WAB (Wealth Acceleration Blueprint) revoked
- Client loses license to use proprietary strategies
- PS retains all proprietary methodologies and IP
- Client may not implement strategies without PS guidance
- Already-implemented strategies may continue (Client responsible for ongoing compliance)
Tax Essentials Specific:
- QuickBooks access revoked immediately
- Access to automated bank feeds disconnected
- Client loses access to financial statements and reports
- Monthly bookkeeping services cease
- Tax planning services cease
- Client responsible for engaging replacement services
- PS will provide final month-end close (if paid through that date)
- Client may not implement any tax strategies without PS guidance
- Already-implemented strategies may continue (Client responsible for ongoing compliance)
Work Product and Materials:
- PS retains all work product until full payment received. Upon full payment, Client receives:
- Tax returns (paper and e-file copies)
- Finalized financial statements (bookkeeping and Tax Essentials)
- QuickBooks backup file (bookkeeping and Tax Essentials)
- IRS correspondence received during representation
- Other deliverables specified in Engagement Agreement
PS does NOT provide:
- Draft work or work-in-progress
- Internal notes or analysis
- Proprietary methodologies or strategies (if unpaid)
- WAB access (terminates upon non-payment or early termination)
- Templates or forms
- Passwords or system access
Return of Materials:
- Client must return all PS proprietary materials within 10 days
- Includes printed Blueprints, strategy documents, templates
- Includes any electronic copies received
- Failure to return may result in additional charges
Bookkeeping and Tax Essentials Transition:
- PS will provide final month-end close (if paid through that date)
- QuickBooks file provided after final payment
- 30-day transition assistance available (separate fee)
- Client responsible for engaging new bookkeeper
- PS available to speak with new bookkeeper (hourly fee)
11.6 Survival of Terms
The Following Provisions Survive Termination:
- Confidentiality obligations (7 years)
- Intellectual property rights (perpetual)
- Restrictive covenants (per specified terms)
- Limitation of liability (perpetual)
- Indemnification obligations (perpetual)
- Payment obligations (until satisfied)
- Dispute resolution and arbitration (perpetual)
- Governing law and jurisdiction
- Any other provisions that by their nature should survive
11.7 Post-Termination Obligations
Client Obligations After Termination:
- Pay all outstanding fees within 10 days
- Return all PS materials and property
- Cease use of PS intellectual property
- Maintain confidentiality obligations
- Not disparage PS per non-disparagement clause
- Cooperate with transition if requested
PS Obligations After Termination:
- Maintain confidentiality of Client information
- Provide paid-for deliverables upon full payment
- Return Client's original documents (if held)
- Provide final accounting of fees due
- Retain records per professional standards (7 years)
12. COMMUNICATION PREFERENCES AND CONSENT
12.1 Consent to Communications
Client Communication Consent:
- Telephone (including mobile phone)
- Text messages (SMS/MMS)
- Email
- U.S. Mail
- Video conferencing platforms
- Secure client portal
- Other electronic means
Types of Communications:
Essential Service Communications:
- Service updates and status notifications
- Document requests and deadline reminders
- Payment confirmations and receipts
- Payment reminders and past due notices
- Tax deadline alerts and compliance reminders
- IRS or state authority communications requiring response
- Emergency notifications requiring immediate action
- Security alerts and account notifications
- System maintenance and outage notices
- Data access connection alerts (Tax Essentials)
- Bank feed disconnection notifications (Tax Essentials)
Administrative Communications:
- Appointment confirmations and reminders
- Engagement Agreement documents
- Policy updates and Terms of Service changes
- Annual notices and disclosures
- Satisfaction surveys and feedback requests
Marketing Communications (Separate Opt-In Required):
- Promotional offers and service announcements
- Educational content and tax tips
- Webinar and event invitations
- Newsletter and blog updates
- Referral program information
12.2 Opt-Out Rights
Client May Opt-Out of:
- Marketing and promotional communications
- Educational content communications
- Newsletter and blog updates
- Non-essential notifications
Client CANNOT Opt-Out of:
- Essential service and payment communications
- Legal notices and Agreement updates
- Security and fraud alerts
- Document requests and deadline notifications
- Communications required by law or professional standards
- Data access connection alerts (Tax Essentials)
How to Opt-Out:
- Email: optout@profitsolutions.com
- Phone: (888) 450-3451
- Follow unsubscribe links in emails
- Reply STOP to text messages
- Update preferences in client portal
Opt-Out Effects:
- Takes effect within 10 business days
- Does not affect essential communications
- May be opted back in at any time
- Separate opt-outs required for different communication types
12.3 Communication Methods and Standards
PS Standard Communication Methods:
- Primary: Email to address on file
- Secondary: Phone/text to number on file
- Emergency: All available methods
- Documents: Secure portal or encrypted email
Response Time Expectations:
- Client questions: 1-2 business days
- Emergency matters: Same business day
- Document requests: Per specified deadline
- Payment issues: Within 24 hours
- Outside business hours: Next business day
Client Responsibilities:
- Maintain current contact information
- Check email and phone regularly
- Respond to time-sensitive requests promptly
- Monitor secure portal for documents
- Notify PS of communication delivery failures
- Respond to data access alerts within 48 hours (Tax Essentials)
12.4 TCPA Compliance
Telephone Consumer Protection Act (TCPA):
- Marketing calls/texts require express written consent
- Service calls permitted under established business relationship
- Autodialed or pre-recorded messages require consent
- Client may revoke consent at any time
- PS complies with National Do Not Call Registry
Express Consent for Marketing:
- Separate checkbox or signature required
- Client may opt-in during enrollment
- Consent may be revoked at any time
- Does not affect service communications
Call Recording:
- Calls may be recorded for quality assurance and training
- Recorded calls used for compliance and dispute resolution
- Recordings retained per legal requirements
- By continuing call after notice, Client consents to recording
12.5 Electronic Delivery and Signatures
Client Consents to:
- Electronic delivery of all documents and notices
- Electronic signatures on agreements and forms
- Electronic storage of records and documents
- Access to documents through secure portal
Electronic Signature Validity:
- Electronic signatures are valid and binding
- Governed by Florida Uniform Electronic Transaction Act
- Governed by federal E-SIGN Act
- Same legal effect as handwritten signatures
How to Withdraw Consent to Electronic Delivery:
- Email request to: info@profitsolutions.com
- May request paper copies (additional fees may apply)
- Does not affect existing signed documents
- Future documents will be provided in paper form
13. DISPUTE RESOLUTION AND ARBITRATION
13.1 Mandatory Binding Arbitration
ALL DISPUTES SUBJECT TO BINDING ARBITRATION:
Covered Disputes Include:
- Any claim arising from or related to this Agreement
- Any claim related to services provided by PS
- Fee disputes and payment controversies
- Alleged breach of contract or professional duty
- Claims of negligence or malpractice
- Intellectual property disputes
- Confidentiality breaches
- Employment or solicitation claims
- Any other dispute between the parties
Exceptions (May Pursue in Court):
- Claims for injunctive relief (temporary restraining orders, preliminary injunctions)
- Claims for specific performance
- Intellectual property infringement requiring immediate relief
- Fee collection actions below arbitration minimum
- Small claims court matters within jurisdictional limit
13.2 Arbitration Opt-Out
YOU MAY OPT OUT OF ARBITRATION:
Opt-Out Period:
- Must opt out within 30 days of accepting these Terms
- 30-day period begins on date of first Engagement Agreement execution
How to Opt Out:
Must send written notice to BOTH:
Email: legal@profitsolutions.com
Mail:
Profit Solutions Pro Inc.
Attn: Legal - Arbitration Opt-Out
9702 SW 83rd Way
Gainesville, FL 32608
Opt-Out Notice Must Include:
- Client's full name and entity name (if applicable)
- Client's address and contact information
- Statement: "I opt out of the arbitration provision"
- Signature (electronic or physical)
- Date of opt-out
Effect of Opt-Out:
- All disputes will be resolved in court
- Arbitration provision does not apply to opting-out Client
- All other terms of Agreement remain in full force
- Cannot be revoked once submitted
- Applies only to Client opting out (not other clients)
13.3 Arbitration Procedures
Arbitration Administrator:
- JAMS (Judicial Arbitration and Mediation Services)
- Or successor organization if JAMS unavailable
- Under JAMS Comprehensive Arbitration Rules and Procedures
Location:
- Gainesville, Florida
- Or mutually agreed alternative location
- May be conducted remotely if agreed by parties
Arbitrator Selection:
- Single neutral arbitrator
- Selected per JAMS rules
- Must be attorney with 10+ years' experience
- Must be familiar with business and tax disputes
Arbitration Process:
- Informal discovery permitted
- Limited document production
- Depositions only if necessary and approved
- Live hearing with testimony
- Written decision with findings
- Award enforceable in any court of competent jurisdiction
Costs and Fees:
- Each party pays own attorney fees (unless prevailing party provision applies)
- Arbitration fees split equally between parties
- PS will advance Client's share if Client demonstrates financial hardship
- Prevailing party entitled to attorney fees per Section 13.6
13.4 Class Action and Jury Trial Waiver
CLIENT EXPRESSLY WAIVES:
- Right to participate in class action lawsuits
- Right to participate in class arbitrations
- Right to participate in representative actions
- Right to act as private attorney general
- Right to consolidate claims with other clients
- Right to jury trial on any matter
Individual Arbitrations Only:
- Each Client must arbitrate individually
- No consolidation with other Client arbitrations
- Arbitrator may not consolidate multiple cases
- Arbitrator may not preside over any class or representative proceeding
If Class Action Waiver Unenforceable:
- Arbitration provision is severable
- Class action must be filed in court (not arbitration)
- Individual arbitration provision remains for other claims
- This does not affect other Agreement provisions
13.5 Governing Law and Jurisdiction
Governing Law:
- Florida law governs this Agreement
- Without regard to Florida's conflict of law provisions
- Federal Arbitration Act governs arbitration provisions
- Federal law may apply to specific claims (tax, TCPA, etc.)
Jurisdiction (If Not Arbitrated):
- Exclusive jurisdiction in state and federal courts in Alachua County, Florida
- Client consents to personal jurisdiction in Florida
- Client waives any objection to venue or inconvenient forum
- Florida courts may enforce arbitration awards
Choice of Law Acknowledgment:
- Client acknowledges Florida law may differ from Client's home state
- Client has opportunity to consult Florida attorney
- Client accepts Florida law as part of this bargain
13.6 Attorney Fees and Costs
Prevailing Party Entitled to:
- Reasonable attorney fees and legal costs
- Expert witness fees
- Court costs and filing fees
- Arbitration fees and costs
- Appellate attorney fees (if applicable)
- Collection costs and fees
- Costs of enforcing judgment or award
Prevailing Party Definition:
- Party obtaining substantially the relief sought
- Determined by arbitrator or court
- May be allocated proportionally if mixed results
Fee Shifting Applies to:
- Arbitration proceedings
- Court proceedings (if arbitration waived or inapplicable)
- Appeals
- Enforcement actions
- Collection actions
13.7 Limitation Period for Claims
ALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR:
- Statute of limitations: 1 year from when claim accrues
- Claim accrues when Client knew or should have known of basis for claim
- Failure to bring claim within 1 year forever bars claim
- Applies to all claims regardless of legal theory
- Cannot be extended by discovery rule or delayed discovery
Shorter Than Florida's General Statute:
- Florida's general statute is 4-5 years depending on claim type
- This 1-year limit supersedes general statutes
- Parties agree to this limitation as material term
- Client has opportunity to consult attorney before accepting
Exceptions:
- Claims that cannot be limited under applicable law
- Fraud claims discovered within 1 year of discovery (but no more than 3 years from occurrence)
13.8 Injunctive Relief
Either Party May Seek Injunctive Relief in Court for:
- Actual or threatened breach of confidentiality
- Actual or threatened intellectual property infringement
- Actual or threatened violation of restrictive covenants
- Any matter causing irreparable harm without adequate remedy at law
Injunctive Relief Procedures:
- May seek temporary restraining order (TRO) without notice in emergency
- May seek preliminary injunction on expedited basis
- Does not waive right to arbitrate underlying dispute
- Court may refer to arbitration after granting preliminary relief
- Prevailing party entitled to attorney fees per Section 13.6
13.9 Confidentiality of Disputes
Arbitration and Litigation Confidentiality:
- All dispute resolution proceedings are confidential
- Parties may not disclose existence or content of dispute
- Arbitration award may be disclosed only as necessary for enforcement
- Court filings under seal where permitted by court rules
Exceptions - May Disclose:
- As required by law or court order
- To attorneys, accountants, and professional advisors under confidentiality
- To enforce rights or collect judgments
- If other party publicly discloses first
14. TAX-SPECIFIC PROVISIONS
14.1 IRS Circular 230 Disclosure and Tax Shelter Provisions
Required IRS Disclosure:
IRS regulations (Circular 230) require this disclosure:
Any tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any tax-related matters addressed herein.
Scope of Disclosure:
- Applies to all tax advice provided by PS
- Advice intended for Client's use only
- Cannot be used to avoid penalties
- Cannot be marketed or promoted to others
- Client may not rely on advice for penalty protection unless specified
Tax Shelter and Reportable Transaction Identification:
PS has responsibility to identify transactions that may constitute "tax shelters" or "reportable transactions" as defined under IRC §6011, §6111, §6112, and Treasury Regulation §1.6011-4
PS will clearly identify any such transactions in written recommendations to Client
Client has obligation to disclose reportable transactions on IRS Form 8886
Types of Reportable Transactions:
- Listed transactions and variants thereof
- Confidential transactions (promoting tax benefits without full disclosure to tax authorities)
- Transactions with contractual protection (loss limits, refunds, or other protections)
- Transactions involving significant tax avoidance:
- Reducing taxes by more than $250,000 for corporations in any single tax year
- Reducing taxes by more than $50,000 for individuals in any single tax year
- Reducing taxes by $250,000+ in aggregate over multiple years
- Transactions of interest (designated periodically by IRS)
- Patented transactions
Client Disclosure Obligations:
Client is required to disclose reportable transactions on IRS Form 8886 (Reportable Transaction Disclosure Statement) with tax return
Failure to Properly Disclose May Result In:
- Substantial penalties under Section 6707
- Accuracy-related penalties up to 75%
- Possible criminal liability
- Extended statute of limitations
PS's Role in Reportable Transactions:
- PS will clearly identify any reportable transaction in written recommendations
- PS will provide Client with copy of Form 8886 or document containing all required information
- PS will advise Client of specific IRC sections and Treasury Regulations creating disclosure requirement
- PS will recommend Client consult with tax return preparer regarding filing deadlines and procedures
- Client is responsible for timely filing Form 8886 with federal income tax return
14.2 Professional Standards and Licensing
PS Tax Professionals:
- Rick Abdallah: Enrolled Agent (EA), CPA, and Attorney (JD)
- Other team members: Licensed as required by state and federal law
- Enrolled Agents authorized to practice before IRS
- CPAs licensed by state boards of accountancy
- Attorneys licensed by state bar associations (where applicable)
Professional Standards Compliance:
- IRS Circular 230 (governing practice before IRS)
- AICPA Statements on Standards for Tax Services (SSTS)
- National Association of Enrolled Agents (NAEA) Code of Ethics
- State CPA board regulations
- American Bar Association Model Rules (where applicable)
Limitations on Tax Positions:
- PS will not recommend tax positions unless reasonable possibility of being sustained if examined by IRS
- Positions must meet at least "reasonable basis" standard (approximately 40% likelihood of success)
- Some positions require disclosure to avoid penalties
- PS reserves right to decline recommendations failing to meet professional standards
Tax Return Preparation Standards:
- Tax returns prepared in accordance with applicable professional standards
- Positions taken must have reasonable support
- PS may take uncertain positions if properly disclosed
- Client authorizes PS to report tax positions with reasonable support
- If Client requests position PS believes lacks reasonable support, PS may withdraw from engagement
14.3 Changes in Tax Law
Tax Law Volatility:
- Tax laws, regulations, rulings, and court decisions change frequently
- Changes may occur retroactively
- Changes may affect viability or advisability of implemented strategies
- PS monitors tax law changes and adjusts strategies accordingly
Client Notification:
- PS will notify Client of material tax law changes affecting their strategies
- Notification provided as part of ongoing services
- Client must notify PS of significant business or financial changes
- Quarterly reviews include discussion of tax law developments (Tax Architecture, Tax Essentials)
Strategy Adjustments:
- PS will modify strategies as needed to comply with new tax laws
- Some strategies may need to be discontinued if law changes
- New strategies may become available due to law changes
- Client must cooperate with strategy adjustments to maintain compliance
14.4 Audit Defense and IRS Representation
Audit Defense Included (Tax Architecture and Tax Essentials Services):
- IRS audit representation included in monthly maintenance/service fee
- PS will defend all tax positions taken based on PS strategies
- Representation includes correspondence, examination, and appeals
- Does NOT include Tax Court litigation (separate engagement required)
Audit Defense Process:
- Client must notify PS immediately upon receipt of IRS examination notice
- PS will respond to all IRS information requests
- PS will attend meetings and conferences with IRS
- PS will negotiate with IRS to resolve examinations
- PS will prepare appeals if necessary
Client Cooperation Required:
- Client must provide all requested documentation promptly
- Client must attend meetings if IRS requires taxpayer presence
- Client must truthfully answer IRS questions (PS will be present)
- Client must not communicate with IRS without PS knowledge
Audit Outcomes:
- PS cannot guarantee audit results
- IRS may sustain, partially sustain, or reject PS positions
- Penalties and interest may apply to disallowed positions
- Client remains liable for all tax assessments
- PS has successfully defended vast majority of positions taken
14.5 State and Local Tax Matters
State Tax Law Variations:
- State tax laws differ from federal tax laws
- Some federal strategies do not apply at state level
- Some states have conformity with federal law, others do not
- PS will advise on state tax implications of strategies
State Tax Compliance:
- Client responsible for state tax filing and payment obligations
- PS will coordinate state tax compliance as part of services
- Multi-state taxation may require additional analysis
- State audit defense included where PS has implemented strategies
Local Tax Considerations:
- Local taxes (city, county, school district) vary widely
- PS will advise on local tax implications where applicable
- Client responsible for local tax compliance
15. MISCELLANEOUS PROVISIONS
15.1 Entire Agreement
This Agreement Constitutes:
- Entire agreement between parties regarding subject matter
- Supersedes all prior discussions, understandings, or agreements
- May only be modified in writing signed by both parties
- Integration of all Engagement Agreements and these Terms of Service
If Any Provision Unenforceable:
- Remaining provisions remain in full force and effect
- Unenforceable provision will be modified to be enforceable while preserving intent
- Severability applies to each provision independently
15.2 Assignment
Client May NOT Assign:
- This Agreement or any rights hereunder without PS written consent
- Any attempted assignment without consent is void
- Merger or sale of Client entity may require new agreement
PS May Assign:
- This Agreement to affiliate or successor entity
- Rights to collect fees to collection agency or attorney
- Client will receive notice of any assignment
15.3 Force Majeure
Neither Party Liable for Delays Due to:
- Acts of God (natural disasters, epidemics, pandemics)
- War, terrorism, civil unrest
- Government actions or restrictions
- Labor strikes or disputes
- Utility failures or internet outages
- Any cause beyond reasonable control
Effect of Force Majeure:
- Performance obligations suspended during force majeure event
- Party must notify other party promptly
- Party must resume performance when reasonably possible
- Does not excuse payment obligations
15.4 Notices
All Notices Must Be:
- In writing (email acceptable)
- Sent to address on file with PS
- Deemed received when sent (email) or delivered (mail)
Notice Addresses:
>PS:
Email: legal@profitsolutions.com
Address: 9702 SW 83rd Way, Gainesville, FL 32608
Client:
Email and address provided in Engagement Agreement
Client Responsibility:
- Keep contact information current
- Notify PS immediately of address changes
- Check email regularly for PS notices
15.5 Waiver
Waiver of Any Provision:
- Must be in writing
- Does not constitute waiver of future breaches
- Failure to enforce provision does not waive right to enforce later
15.6 Headings
Section Headings:
- For convenience only
- Do not affect interpretation of provisions
- Not part of substantive agreement terms
15.7 Counterparts
This Agreement May Be Executed:
- In counterparts (multiple copies)
- Each counterpart constitutes original
- All counterparts together constitute one agreement
- Electronic signatures have same effect as original signatures
15.8 Relationship of Parties
Independent Contractors:
- Parties are independent contractors
- No partnership, joint venture, or agency relationship created
- Neither party has authority to bind other party
- Each party responsible for own employees and taxes
15.9 Third-Party Beneficiaries
No Third-Party Rights:
- This Agreement is solely between PS and Client
- No third party has rights under this Agreement
- Third parties may not enforce any provision
- Client may not assign rights to third parties
15.10 Survival
Provisions That Survive Termination:
- Payment obligations (until satisfied)
- Confidentiality (7 years)
- Intellectual property rights (perpetual)
- Limitation of liability (perpetual)
- Indemnification (perpetual)
- Restrictive covenants (per specified durations)
- Dispute resolution (perpetual)
- Any other provision that by its nature should survive
16. STATE-SPECIFIC PROVISIONS
16.1 California Residents
California Consumer Rights:
- California Cooling-Off Period: 3 business days to cancel certain contracts
- California Privacy Rights: See PS Privacy Policy for CCPA/CPRA rights
- California Arbitration Notice: You have right to opt out of arbitration per Section 13.2
16.2 Florida Residents
Florida Consumer Rights:
- Governed primarily by Florida law as specified in Section 13.5
- Florida Information Protection Act (FIPA) protections apply
- Florida Arbitration Act governs arbitration proceedings
16.3 Other States
State-Specific Rights:
- Some states provide additional consumer protection rights
- State cooling-off periods honored where required by law
- State-specific disclosures provided in Engagement Agreements where required
- Nothing in this Agreement limits rights provided by state law
17. ACKNOWLEDGMENT OF RECEIPT AND UNDERSTANDING
By accepting these Terms of Service, Client acknowledges:
- Client has read and understands all provisions of this Agreement
- Client has had opportunity to consult with attorney before accepting
- Client accepts all terms voluntarily and without duress
- Client understands arbitration provisions and opt-out rights
- Client understands payment obligations and non-refund provisions
- Client understands confidentiality and intellectual property provisions
- Client understands limitation of liability provisions
- Client understands data access requirements (Tax Essentials clients)
- Client understands 24-month commitment implications (Tax Essentials 24-month agreements)
- Client is authorized to enter into this Agreement on behalf of entity (if applicable)
VERSION HISTORY
Version 6.0 (January 6, 2026):
Major comprehensive revision merging Tax Essentials Terms of Service with comprehensive Terms of Se
Key Changes:
- Added complete Tax Essentials Services section (2.3) with comprehensive data access requirements (2.3.5)
- Added Tax Essentials to Definitions (Section 1)
- Added Tax Essentials Specific Obligations section (3.5)
- Added Tax Essentials fee structure to Section 4.1 (Tier 1: $780/mo, Tier 2: $1,230/mo)
- Added Tax Essentials 24-month and month-to-month agreement terms (Section 2.3.6)
- Updated Section 5.6 to include Tax Essentials (No Attorney-Client Privilege)
- Updated Section 7 to include Tax Essentials integration methodology as proprietary IP
- Updated Section 7.3 to include Tax Essentials clients in license provisions
- Added Tax Essentials limitations to Section 9.5
- Updated Section 10.4 indemnification to include Tax Essentials data access provisions
- Added comprehensive Tax Essentials termination provisions (Section 11.2, 11.4, 11.5)
- Added Tax Essentials data access alerts to essential communications (Section 12.1)
- Updated Section 14.4 to include Tax Essentials in audit defense provisions
- Removed all 3X ROI Guarantee provisions from Tax Architecture Services (Section 2.2A, Section 4.1)
- Renumbered and reorganized sections for clarity
- Updated effective date to January 6, 2026
- Unified all service lines under single comprehensive Terms of Service
Version 5.0 (December 11, 2025):
- Added comprehensive Tax Architecture Services section (2.2A)
- Added 3X ROI Guarantee detailed provisions (2.2B) [REMOVED IN VERSION 6.0]
- Added Tax Architecture specific client obligations (3.3A)
- Updated fee structure to include Tax Architecture fees (4.1)
- Enhanced tax shelter disclosure provisions (14.1)
- Updated definitions to include Tax Architecture Services and 3X ROI Guarantee [GUARANTEE REMOVED IN VERSION 6.0]
- Added state-specific provisions section (16)
- Renumbered subsequent sections accordingly
- Clarified that 3X ROI Guarantee is exception to certain liability limitations [REMOVED IN VERSION 6.0]
Version 4.0 (November 10, 2025):
- Comprehensive revision of all service lines
- Enhanced confidentiality and data protection provisions
- Updated dispute resolution and arbitration procedures
- Added communication preferences and TCPA compliance
- Expanded intellectual property protections
Version 3.0 and Earlier:
- Historical versions available upon request
CONTACT INFORMATION
PROFIT SOLUTIONS PRO, INC.
Main Office:
9702 SW 83rd Way
Gainesville, FL 32608
Phone:
(888) 450-3451
General Inquiries:
Email: info@profitsolutions.com
Website: www.profitsolutions.com
Service-Specific Contacts:
For Service Issues:
Email: support@profitsolutions.com
Phone: (888) 450-3451
For Billing Questions:
Email: billing@profitsolutions.com
Phone: (888) 450-3451
For Cancellations:
Email: cancellations@profitsolutions.com
For Disputes:
Email: disputes@profitsolutions.com
For Legal Notices:
Email: legal@profitsolutions.com
Address: 9702 SW 83rd Way, Gainesville, FL 32608
For Privacy/Data Concerns:
Email: privacy@profitsolutions.com
For Accessibility Accommodations:
Email: accessibility@profitsolutions.com
For Marketing Opt-Out:
Email: optout@profitsolutions.com
For Arbitration Opt-Out:
Email: legal@profitsolutions.com
Address: Profit Solutions Pro Inc., Attn: Legal - Arbitration Opt-Out, 9702 SW 83rd Way, Gainesville, FL 32608
Professional Staff:
Rick Abdallah, EA, CPA, JD, MBA
Accounting & Tax Director
Email: rick@profitsolutions.com
Business Hours:
Monday - Friday: 9:00 AM - 6:00 PM EST
Saturday - Sunday: Closed
Emergency Contact:
For urgent tax matters during business hours: (888) 450-3451
After hours: Email support@profitsolutions.com (monitored for emergencies)
END OF TERMS OF SERVICE
Version 6.0 | Effective January 6, 2026
DOCUMENT HISTORY
This document represents the comprehensive Terms of Service for all Profit Solutions Pro, Inc. service lines including:
- Tax Resolution Services
- Tax Optimization Services
- Tax Architecture Services
- Tax Essentials Services
- Bookkeeping and Accounting Services
- Tax Return Preparation
- Additional Services
This version supersedes all prior versions and consolidates previously separate Tax Essentials Terms of Service.
This document may be updated from time to time. The current version is always available at:
https://www.profitsolutions.com/terms-and-conditions
For questions about these Terms of Service, contact:
legal@profitsolutions.com
(888) 450-3451
© 2026 Profit Solutions Pro, Inc. All rights reserved.