TAX HIVE ENGAGEMENT TERMS OF SERVICE
Last Updated: March 27, 2023
Thank you for selecting the Services offered by Tax Hive LLC and its subsidiaries and affiliates (referred to as “Tax Hive”, “we”, “our”, or “us”). Review these Engagement Terms of Service (hereafter referred to as the “Terms”, the “Terms of Service”, or the “Agreement”) thoroughly. This Agreement is a legal agreement between you and Tax Hive. By clicking “I Agree” or by similar mechanism, you agree to this Agreement. If you do not agree to this Agreement, then you may not enter a formal engagement with Tax Hive to use the Services.
Tax Hive provides business-to-business (“B2B”) products and services. Tax-related services, such as planning, advice, recommendations, preparation, and filing, are provided to businesses (not consumers) and are deemed business transactions rather than consumer transactions. Professional services sold by Tax Hive are fulfilled by appropriately licensed service providers. Tax Hive account executives, account managers, customer relationship managers, and other personnel are not licensed service providers but may arrange for you to speak with licensed professionals.
THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION. For more details, go to Section A.12.
This Agreement describes the terms governing your use of the Services provided to you either in the form of general information delivered by Tax Hive in print or digital media or in the form of tax-related services fulfilled by an appropriately licensed and registered firm authorized to provide tax planning, tax advice, tax preparation, and tax filing services (collectively, the “Services”). This Agreement includes by reference:
- Tax Hive’s Privacy Statement. Click here
- Additional terms and conditions, which may include those from third parties.
- Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
2. YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Tax Hive. Tax Hive reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Tax Hive grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation, or this Agreement. You agree you will not:
- Provide access to or give any part of the Services to any third party.
- Reproduce, modify, copy, sell, trade, lease, rent, or resell the Services.
- Decompile, disassemble, or reverse engineer the Services.
- Make the Services available on any file-sharing or application hosting service.
For the Services offered on a payment basis, the following terms apply, unless Tax Hive or its third-party affiliate notifies you otherwise in writing. This Agreement also incorporates the transaction details stated at the time of purchase, including a description of the selected Services, total price, and payment terms:
- Payments will be billed to you in U.S. dollars, and your account will be debited when you provide your payment information and authorize the transaction by indicating you have read and agreed to terms of the sale, including this Agreement, on the website for the Services.
- You must pay with one of the following:
- A valid credit card acceptable to Tax Hive;
- A valid debit card acceptable to Tax Hive;
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
- By another payment option Tax Hive provides to you in writing.
- If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
- If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
- You may update the payment method used for billing of your Installment Payments and Subscription Payments by contacting us at 1-833-919-1992, by e-mailing to email@example.com, or by mail to 260 S. 1200 W., Orem, UT 84058.
- In limited circumstances, you may have various payment terms, such as paying your balance in full in one payment or by automatic recurring installment payments. Not all options are available for all Services and some options may be discontinued or not eligible for future Services. The option you select is subject to the transaction details on the website at the time of purchase, including a description of the selected Services, total price, and payment terms (e.g., payment in full or payment by periodic or recurring installments, etc.). Once you order and your initial payment is processed, your Service has begun, and you can begin accessing the relevant Services.
- The Services and promotional offers may include assistance in preparing and filing documents. Where applicable, states and jurisdictions may require fees for processing and registration. Unless otherwise stated by law, we or an authorized service provider may assess a convenience fee to process filing fees on your behalf.
- Installment Payments & Automatic Billing. In limited circumstances, you may have an option to pay for the Services by making a series of periodic payments or installment payments until the entire balance is paid (“Installment Payments”). By accepting the offer, you agree to pay the entire purchase price for the Services in periodic installment payments with a defined amount, frequency, and duration stated at the time of purchase (“Payment Terms”). You will be charged at the beginning of each billing term using the payment method you provided. Depending on scheduling and individual circumstances, you may receive some Services prior to completing your Installment Payments. Regardless of when or if you use the Services, you are responsible for paying the entire balance. There is no penalty for paying the entire balance for the Services before your scheduled last payment date.
- Cancellations and Refunds. You may cancel the Services within seven (7) calendar days from the date of the order for a full refund. If you accept an offer to pay in periodic installments, you may immediately begin using the Services, and you may not cancel the Services or Installment Payments after seven (7) calendar days from the date of the order.
UPON ORDER, YOU AUTHORIZE US TO IMMEDIATELY BEGIN ALLOCATING RESOURCES TO PROVIDE THE SERVICES. THEREFORE, AFTER SEVEN (7) CALENDAR DAYS FROM THE DATE OF THE ORDER, THE SALE BECOMES FINAL AND NO REFUNDS WILL BE ISSUED.
Bookkeeping services may be canceled any time by providing thirty (30) days’ notice by calling 1-833-919-1992, by e-mailing to firstname.lastname@example.org, or by mail to 260 S. 1200 W., Orem, UT 84058. Payments for bookkeeping services are not refundable.
4. YOUR PERSONAL INFORMATION
You can view Tax Hive’s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Tax Hive Privacy Statement and any changes published by Tax Hive. You agree that Tax Hive may use and maintain your data according to the Tax Hive Privacy Statement as part of the Services. This means that Tax Hive may use your data to improve the Services or design promotions, and develop new products or services.
4.1 California Consumer Privacy Act. For the purposes of the California Consumer Privacy Act (“CCPA”), Tax Hive shall be considered a Business and Third Party, as applicable. Where Tax Hive acts as a Third Party, you represent, warrant, and covenant that all Personal Information provided or otherwise made available to Tax Hive is done so in compliance with applicable law, and that you have provided all necessary and appropriate notices and opt-outs, and otherwise have all necessary and appropriate rights, to enable Tax Hive to:
- share any and all Personal Information you provide with any Tax Hive company, including Tax Hive and any parent, subsidiary, affiliate, or related company of Tax Hive (collectively, the “Tax Hive Family Companies”); and
- use any such Personal Information in connection with any and all Tax Hive Family Companies’ internal operations and functions, including, but not limited to, improving such Tax Hive Family Companies’ products and services, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes. Notwithstanding the foregoing, the parties agree that the sharing of Personal Information between Tax Hive Family Companies does not constitute a “sale” of such Personal Information under the CCPA. Capitalized terms in this paragraph have the meanings given those terms under the CCPA.
5. CONTENT AND USE OF THE SERVICES
5.1 Responsibility for Content and Use of the Services.
- Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services (“Content”), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant Tax Hive a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information, and disclosures. Tax Hive is not responsible for any of your Content that you submit through the Services.
- You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages “flaming” others or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
- Except as permitted by Tax Hive in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
- Virus, Trojan horse, worm or other disruptive or harmful software or data; and
- Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.
5.2 Restricted Use of the Services.
- You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of Tax Hive or could subject Tax Hive to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in Tax Hive’s opinion, is prohibited under this Agreement; (v) any other activity that places Tax Hive in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of a Tax Hive system or network or to breach Tax Hive’s security or authentication measures, whether by passive or intrusive techniques. Tax Hive reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products, or services that are objectionable or promote, support, or engage in any of the restricted uses described above.
5.3 Tax Hive may freely use feedback you provide. You agree that Tax Hive may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising, or marketing materials. You grant Tax Hive a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty-free license to use the feedback you provide to Tax Hive in any way.
5.4 Tax Hive may monitor Content. Tax Hive may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect Tax Hive or its customers, or operate the Services properly. Tax Hive, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
6. TAX HIVE GUARANTEES
6.1 Tax Savings Plan Potential Savings Guarantee. Upon purchase of an eligible tax package that includes a tax savings plan, we will identify potential tax savings based on information and documents provided by you, such as previous tax returns and other applicable information. This guarantee is limited to the first tax savings plan (subsequent tax savings plans are not eligible). This guarantee cannot be combined with other guarantees, unless stated otherwise in writing.
To qualify, eligible customers must meet the following conditions: (i) within fourteen (14) calendar days from the initial requests, complete required questionnaires and provide required tax documents; and (ii) schedule and keep tax plan review and strategy sessions.
To redeem, eligible customers must notify us within thirty (30) days of the date the tax plan is delivered to you. Send written notice to Tax Hive Tax Plan Guarantee, 260 S. 1200 W., Orem, UT 84058. Please use a traceable mailing method and maintain copies of submitted items for your records. Please allow up to fourteen (14) days for processing and delivery. If after four (4) weeks you have not received your applicable refund, contact us at (833) 919-1992. Depending on purchased services, we may, in our sole discretion, issue a partial or full refund as outlined below:
- Customers with $50k to $100k in annual revenues will receive a 100% refund of the applicable purchase price paid by you if we do not identify a minimum in potential tax savings at least equal to the purchase price of the services.
- Customers with $100k or more in annual revenues will receive a 100% refund of the applicable purchase price paid by you if we do not identify a minimum in potential tax savings at least equal to twice the purchase price of the services.
7. ADDITIONAL TERMS
7.1 Tax Hive professional services. Products and services are sold by Tax Hive and professional services are fulfilled by appropriately licensed service providers. Tax Hive account executives, account managers, customer relationship managers, and other personnel are not licensed service providers.
7.2 We may tell you about other Tax Hive Services. You may be offered other services, products, or promotions by Tax Hive (“Tax Hive Services”). Additional terms and conditions and fees may apply. With some Tax Hive Services, you may upload or enter data from your account(s), such as names, addresses, and phone numbers, purchases, etc., to the Internet. You grant Tax Hive permission to use information about your business and experience to help us to provide the Tax Hive Services (including other products and services you might be interested in), to develop new products and services, and to enhance the Services.
7.3 Communications. Tax Hive may be required by law to send you communications about the Services or third-party products. You agree that Tax Hive may send these communications to you via e-mail or by posting them on our websites.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAX HIVE, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. TAX HIVE AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT, OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 TAX HIVE, ITS AFFILIATES, AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
Tax Hive may revise this Agreement from time to time. Changes will not be retroactive, and the most current version of this Agreement, which will always be at https://taxhive.com/terms-of-service, will govern Tax Hive’s ongoing relationship with you. Except in urgent situations such as responding to legal requirements or other issues, Tax Hive will try to notify you with advanced notice of material changes that negatively impact your use of the Services.
Tax Hive may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable Tax Hive policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with Tax Hive’s interests or those of another user of the Services. Upon Tax Hive notice that your use of the Services has been terminated, you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Tax Hive’s rights to any payments due to it. Tax Hive may terminate a free account at any time. Sections 2.2, 3 through 13 will survive and remain in effect even if the Agreement is terminated.
11. GOVERNING LAW
Utah state law governs this Agreement without regard to its conflict of laws provisions.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Utah law to all other matters. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND TAX HIVE ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Tax Hive, 260 S. 1200 W., Orem, UT 84058. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees and costs will be governed by the AAA’s rules. Tax Hive will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed to location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 12 shall survive expiration, termination, or rescission of this Agreement.
This Agreement, including the Additional Terms below, is the entire agreement between you and Tax Hive regarding its subject matter and replaces all prior understandings, communications, and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of Tax Hive. However, Tax Hive may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Tax Hive, or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Tax Hive via an e-mail to email@example.com.
B. ADDITIONAL TERMS AND CONDITIONS FOR TAX SERVICES
Your use of the Services provided by Tax Hive is subject to the General Terms of Service above, including these Additional Terms and Conditions, which govern your use of the Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above.
1.1 Pricing. Prices for the various Services are ultimately determined at the time of either selecting the service package at the point you authorize the payment, and all prices are subject to change without notice. You should confirm that the pricing for your use of the Services has not changed. The price for your Service is the price at the time you pay for it. Your price will not change once you pay for your Service.
1.2 Professional Tax Services. Tax Expert (i.e., Certified Public Accountant, Enrolled Agent, or practicing attorney) who will prepare and review your tax plan and/or Federal and State tax returns and answer questions you may have about your tax situation. The Professional Services of the Tax Expert are provided by appropriately licensed service providers. Tax Hive account executives, account managers, customer relationship managers, and other personnel are generally not licensed service providers. After purchasing Professional Services from Tax Hive, and where required, you will work with appropriately licensed and registered service providers for fulfillment of applicable services. Fulfillment for professional services may include independent contractors or other authorized parties.
- Some tax topics or situations may not be included as part of this Service, which shall be determined at the Tax Expert’s sole discretion. The tax assistance provided to you by the Tax Expert will be based on the information you provide. You understand and agree that if you provide incorrect or incomplete information, the advice provided to you may not be accurate. You are responsible for the overall accuracy of the data in your final tax return.
- The Tax Expert, in their sole discretion, may be obligated to sign your return as the preparer and will then have primary responsibility for the preparation of your return. You are still responsible for reviewing your return before it is filed to verify its overall completeness and accuracy. You will be required to provide your Tax Expert with access to all necessary supporting tax documentation (i.e., 1099, financial statements, balance sheets, etc.) as may be requested by the Tax Expert. Tax returns prepared by a Tax Expert shall be subject to the following additional terms and conditions.
- Your Tax Expert. Your engagement with your assigned Tax Expert will conclude with either your e-filed tax returns being sent and accepted or delivery of the completed returns to you (if paper filing). Tax Hive’s third-party Supplier may from time to time, in its sole discretion, need to assign another Tax Expert to complete your return due to expertise, volume, availability, or other circumstances. A tax associate may work with your Tax Expert to assist with collecting and reviewing your documents and other information.
- Information You Provide:
(a) Your Tax Expert will prepare your income tax returns solely based on the information you have provided. You will provide this information by uploading relevant documents in an acceptable electronic format and in written responses to your Tax Expert questions through our secure portal or other secure means. It is your responsibility to promptly provide all information that your Tax Expert requires for the preparation of complete and accurate returns. You represent that all information you provide is true, accurate and that you have the right to share the information with Tax Hive or its third-party provider. If you provide the Tax Expert with fraudulent information or false documents, you are liable to a fine and/or imprisonment by federal, state, or local authorities. You are solely liable for any wrongdoing, such as attempts file fraudulent claims or tax returns. Neither Tax Hive, its Suppliers, nor its Tax Experts shall be responsible for incomplete or false information provided by you in an attempt to defraud government authorities.
(b) We have the right, in our sole discretion, to cancel your Services if you fail to provide requested information or do not respond to the Tax Expert’s requests in a timely manner. If you provide any of your information within less than thirty (30) calendar days of the tax filing deadline, your Tax Expert may ask you to file an extension or be unable to provide Services.
(c) Through the Services, the preparation of tax returns cannot be relied upon to discover errors, fraud, or other irregularities in prior year’s tax returns or other documents, should any exist. Your Tax Expert will not independently audit or otherwise verify the information you submit, although your Tax Expert may ask you for clarification of some of the information.
- Record Keeping. You are responsible for maintaining adequate documentation to substantiate the accuracy and completeness of your tax returns. You acknowledge and agree that you must comply with state and federal recordkeeping requirements, including those of the Internal Revenue Service. Your Tax Expert has no obligation to store your tax documents other than to the extent required by applicable law and regulation. You agree to hold Tax Hive and its third-party provider harmless from any liability, including but not limited to additional tax, penalties, interest, and professional fees resulting from the disallowance of tax deductions due to inadequate documentation.
- Approval of Final Tax Returns. You are responsible for the overall accuracy of the data in your final tax return(s). Your Tax Expert will not file any tax returns until they receive your approval of the tax return. Your Tax Expert will notify you when your return is complete. You will need to carefully review an electronic or physical copy of your completed tax return(s) for accuracy and completeness. If you identify any errors in your tax return during your review (and before you approve), you agree to promptly notify your Tax Expert to correct the errors. Where applicable, to approve your return, you will electronically sign a completed Form 8879, IRS e-file Signature Authorization, and any additional applicable state and local authorization forms, to allow your Tax Expert to electronically file your tax return(s). These forms may use a third-party e-signature provider, which you agree to use. You agree that with your electronic signature on these forms, you represent that you and any joint filer have received a copy of, reviewed, and approved the final tax return(s) as complete and accurate.
- Electronic Filing: Electronic filing may not be available for certain tax returns or in some states. Your Tax Expert’s responsibility with respect to e-filing your tax return(s) is limited to using commercially reasonable efforts to facilitate your transmission of your tax return(s) to the applicable taxing authority who accept them. If your Tax Expert cannot electronically transmit your tax return, you will have to manually sign the tax returns and mail the returns directly to the tax authority. If required, your Tax Expert will provide you with paper copies of your tax returns and instructions on where to send them. You will be responsible for postage and mailing of the tax return(s). When paper tax returns are used, the Services shall be considered completed when the return(s) and instructions are provided to you.
- Interpretation of Tax Law. Your Tax Expert will use reasonable judgment to resolve questions in your favor where a tax law may be unclear, to the extent permitted by professional conduct and applicable law, and provided there is substantial authority for doing so. If there are conflicting interpretations of the law, your Tax Expert will explain the possible positions that may be taken on your tax return(s). Your Tax Expert will follow the position you request, provided it Is consistent with our understanding of the Internal Revenue Code (“IRC”), tax regulations, Revenue Rulings, Revenue Procedures, Private Letter Rulings, and any related court cases.
- Foreign Account Reporting. The United States imposes reporting requirements with respect to persons having certain direct and indirect interests in a foreign bank account or other foreign financial assets. Failure to comply with these reporting requirements may result in substantial civil and criminal penalties. You are responsible for informing your Tax Expert of all foreign assets, and they may determine that you are not eligible for the Services based on your situation with such foreign assets. If your Tax Expert prepares your individual income tax return, you will be responsible for filing any required foreign tax returns or required foreign account reporting, including FBAR Form 114. You, and not Tax Hive nor its third-party provider, including its Tax Experts, assume all liability for any penalties associated with the failure to file or untimely filing of any of these forms.
- Change or Termination of the Services. Tax Hive’s third-party provider, including its Tax Experts, reserves the right to refuse to prepare a tax return for any reason in its sole discretion. Additionally, the availability of Tax Experts or their ability to meet your tax filing deadlines is subject to reasonable timing allowed, presentation of documents, and your prompt response to inquiries or materials required for your tax return(s).
- Tax Hive’s third-party provider reserves the right to revoke a delegated tax return for any reason at its sole discretion. Additionally, the availability of third-party Tax Experts or their ability to meet your tax filing deadlines is subject to reasonable timing allowed, presentation of documents, and your response to inquiries or materials required for your tax return.
- Tax Expert Services do not include any legal or investment advice, estate planning, investment planning, or other areas of advice other than what is included with the Tax Expert Services.
1.3Third-Party Services. Third-party service providers may be available to provide legal advice, investment advice, entity formation, estate planning services, and other helpful services. You authorize Tax Hive to share your information with third-party service providers to fulfill services on your behalf and at your direction.
2. HELP AND SUPPORT
Tax Hive may use a variety of methods (e.g., in-product, widgets, Internet, remote access, online community, chat, e-mail, video, SMS, and phone) to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Tax Hive from time to time.
3. THIRD-PARTY SERVICES
To facilitate Third-Party Services, Tax Hive may be required to obtain your explicit consent for disclosure and use of your information. By accepting these Third-Party Services agreements and consents, you authorize Tax Hive to use and disclose your information, including name and address, to the third party, for the purpose of making the Third-Party Services you choose available to you. For some Third-Party Services, we may submit an application on your behalf using your information to assist you in obtaining a benefit provided by a third party. You acknowledge that Tax Hive does not determine if you receive the benefit and that you are solely responsible for meeting the third party’s requirements and complying with applicable laws and regulations. You may need to provide us with your account number, password, security questions and answers, and other necessary login information (“Login Details”). You hereby represent that you have the authority to provide the Login Details to Tax Hive, and you expressly appoint Tax Hive as your, or the third party who owns the Login Details’, an agent with limited power of attorney to access any Third-Party Services on your behalf. You must provide true and accurate information. Third party’s terms and conditions are generally found on the third party’s website. Your participation in Third Party Services indicates your acceptance of such terms and conditions for such Third-Party Services. If you sign up for a Third-Party Service that requires access to your information on an ongoing basis and you subsequently want us to stop making your information available to such third party, you should discontinue use of the Third-Party Services. You should evaluate all Third-Party Services based on your own assessment and review of their terms and conditions.
4. LIMITATION OF LIABILITY AND DAMAGES
YOU UNDERSTAND THAT TAX HIVE AND ITS SUPPLIERS WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE, AND NEITHER IS RESPONSIBLE FOR DISALLOWED DEDUCTIONS OR THE INCLUSION OF ADDITIONAL UNREPORTED INCOME OR RESULTING TAXES, PENALTIES OR INTEREST.
THE ENTIRE CUMULATIVE LIABILITY OF TAX HIVE AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED AS SET FORTH IN SECTION 5 OF THE GENERAL TERMS.
TAX HIVE AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, INABILITY TO FILE YOUR RETURN, DELAY IN PREPARING YOUR TAX RETURN, INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO TAX HIVE OR ITS SUPPLIERS.
Tax Hive shall not be liable for any default or delay in the performance of its obligations under this Agreement to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action.
5. MISCELLANEOUS MATTERS
You agree that Tax Hive is not acting as your agent or fiduciary in connection with your use of any Services.
You can contact Tax Hive by mail at Tax Hive, 260 S. 1200 W., Orem, UT 84058, or by calling 1-833-919-1992 if you have a question or concern about any product or service we sell.