CLIENT AGREEMENT

M.T.&E. TAX & ACCOUNTING SERVICE

CLIENT AGREEMENT

 

This Client Agreement (“Agreement”) is made and entered into as of [Date], (the “Effective Date”) by and between XXX TAX & ACCOUNTING SERVICE, with its principal place of business located at XXXX  (“Service Provider”), and [Client’s Name], residing at [Client’s Address] (“Client”), collectively referred to as the “Parties.”

RECITALS

WHEREAS, the Client requires accounting services for the filing of the Employee Retention Credit (ERC) tax credit with the Internal Revenue Service (IRS); and

WHEREAS, the Service Provider is engaged in providing accounting services and has the expertise to assist the Client in filing the aforementioned tax credit; and

WHEREAS, the Parties desire to enter into an agreement to formalize the terms and conditions of the engagement and to set forth their respective rights and obligations;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

  1. SERVICES
    • Service Provider shall provide comprehensive accounting services to the Client, including but not limited to the accurate and timely filing of the Employee Retention Credit (ERC) tax credit on behalf of the Client with the Internal Revenue Service (IRS). The Service Provider shall utilize their expertise and knowledge to maximize the potential benefits and eligibility of the Client for the ERC tax credit, based on the information provided by the Client.
    • The Client acknowledges that the successful provision of accounting services by the Service Provider is dependent on the accuracy, completeness, and timely provision of all relevant information by the Client. The Client assumes full responsibility for ensuring the accuracy and completeness of the information provided. The Service Provider shall not be held liable for any errors, omissions, penalties, or adverse consequences resulting from inaccurate, incomplete, or delayed information provided by the Client. It is the Client’s responsibility to promptly notify the Service Provider of any changes or updates to the provided information.
    • The Service Provider shall exercise reasonable professional care, skill, and diligence in the performance of their services. However, the Client acknowledges that the outcome and results of any tax credit filings, including the ERC tax credit, are subject to the discretion and final determination of the IRS. The Service Provider makes no guarantee or warranty regarding the approval, amount, or timing of any tax credit, including the ERC tax credit, and shall not be held responsible for any decisions made by the IRS.
    • The Service Provider may, at their sole discretion, engage the services of subcontractors or third parties to assist in the provision of accounting services. The Service Provider shall ensure that any subcontractors or third parties comply with the terms of this Agreement and maintain the confidentiality of the Client’s information.
  2. PAYMENT TERMS
    • Upon successful receipt of the tax credit check from the IRS, the Client agrees to pay the Service Provider a fee equivalent to 30% of the check amount as compensation for the accounting services rendered. Payment shall be made within 7 days of the Client’s receipt of the check. The payment shall be made in U.S. dollars and in the form agreed upon by the Parties.
    • In the event that the Client fails to make the payment within the specified timeframe, the Service Provider reserves the right to charge late payment fees, which shall accrue at a rate of [X%] per [week/month] until the outstanding amount is fully paid. Additionally, the Service Provider may, at their discretion, temporarily suspend services until full payment is received.
    • The Client acknowledges that any expenses incurred by the Service Provider in relation to the provision of accounting services, including but not limited to filing fees, administrative costs, or other disbursements, shall be borne by the Client and reimbursed promptly upon request.
    • All payment obligations under this Agreement are non-cancelable and non-refundable, except as expressly provided in this Agreement or as required by applicable law.
  3. TERM
    • The term of this Agreement shall commence on the date the tax credit is filed by the Service Provider and shall continue until the Service Provider receives full payment from the Client in accordance with the terms outlined in Section 2 above.
    • Notwithstanding the aforementioned, either Party may terminate this Agreement by providing written notice to the other Party in the event of a material breach of this Agreement by the other Party. Such termination shall be effective immediately upon receipt of the written notice.
    • Upon termination of this Agreement, all rights and obligations of the Parties shall cease, except for any provisions that expressly survive termination.
  4. DISPUTE RESOLUTION
    • Any dispute or claim arising out of or relating to this Agreement, including the breach, termination, or validity thereof, shall be resolved through binding arbitration in accordance with the laws of the State of Alabama. The arbitration proceedings shall be conducted in [City], Alabama, unless otherwise agreed upon by the Parties. The arbitration shall be administered by a mutually agreed-upon arbitration organization or, in the absence of such agreement, by the American Arbitration Association (AAA).
    • The arbitration shall be conducted by a single arbitrator, unless the Parties agree otherwise. The arbitrator shall be selected in accordance with the rules of the selected arbitration organization or the AAA. The arbitrator shall have expertise in tax and accounting matters.
    • The arbitration proceedings shall be confidential and conducted in English. The arbitrator’s decision shall be based on the evidence presented and the applicable laws. The decision of the arbitrator(s) shall be final and binding on both Parties, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
    • The Parties agree that the costs and fees of the arbitration, including the arbitrator’s fees, shall be shared equally, unless the arbitrator determines otherwise in the final award. Each Party shall bear their own attorney’s fees and costs, unless otherwise awarded by the arbitrator.
    • Notwithstanding the foregoing, either Party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent or address any actual or threatened breach of this Agreement, without waiving their right to arbitrate the underlying dispute or claim.
  5. TERMINATION
    • This Agreement may be terminated by either Party if the Client does not receive the funds from the IRS as a result of the filed tax credit. In such cases, either Party may terminate this Agreement by providing written notice to the other Party. The termination shall be effective upon receipt of the written notice.
    • In the event of termination, the Client shall remain responsible for any outstanding fees or expenses owed to the Service Provider for the accounting services rendered up to the date of termination.
    • Termination of this Agreement shall not relieve either Party from any obligations or liabilities that have accrued prior to the effective date of termination, including any payment obligations or confidentiality obligations.
  6. CONFIDENTIALITY
    • The Parties agree to maintain the strict confidentiality of any sensitive or proprietary information disclosed during the course of the provision of services under this Agreement. Both Parties shall exercise reasonable measures to protect the confidentiality and prevent unauthorized disclosure of such information.
    • The Service Provider acknowledges that they may have access to confidential information of the Client, including but not limited to financial records, tax documents, business strategies, and other proprietary information. The Service Provider agrees to use the confidential information solely for the purpose of providing the agreed-upon accounting services and shall not disclose or use the confidential information for any other purpose without the prior written consent of the Client.
    • The Client acknowledges that the Service Provider may have access to confidential information of the Service Provider, including but not limited to accounting methodologies, software tools, and other proprietary information. The Client agrees to use the confidential information solely for the purpose of receiving the agreed-upon accounting services and shall not disclose or use the confidential information for any other purpose without the prior written consent of the Service Provider.
    • Both Parties shall take reasonable steps to ensure the confidentiality of the information, including implementing appropriate physical, technical, and administrative safeguards to prevent unauthorized access, use, or disclosure. These safeguards shall be commensurate with industry standards and best practices.
    • The obligations of confidentiality under this Agreement shall survive the termination of this Agreement and shall remain in effect for a period of [X] years from the date of termination.
  7. ENTIRE AGREEMENT
    • This Agreement constitutes the entire agreement between the Parties and supersedes any prior discussions, understandings, or agreements, whether written or oral, relating to the subject matter herein. Any modifications or amendments to this Agreement must be made in writing and signed by both Parties.

Please indicate your agreement to the terms and conditions of this Agreement by signing below. By signing, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this Agreement.

[Client’s Name]

Signature: _______________________

Date: _______________________

 

XXX TAX & ACCOUNTING SERVICE

XXXX

Signature: _______________________

Date: _______________________

 

By signing and returning a copy of this Agreement, the Parties confirm their acceptance and consent to be legally bound by its terms and conditions.

Executed as of the Effective Date.

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