Terms of Service
Agreement to Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Upgrade Tax Services (“Company,” “we,” “us,” or “our”) regarding your use of our website https://upgradetaxservices.com/ (the “Site”) and our tax preparation and consulting services (collectively, the “Services”).
By accessing the Site, engaging our Services, or providing us with information, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access the Site or use our Services.
Contact Information
Upgrade Tax Services
- Email: [email protected]
- Phone: 561-801-7351
- Website: https://upgradetaxservices.com/
Services Provided
Tax Preparation Services
We provide professional tax preparation services, including but not limited to:
- Individual federal and state income tax return preparation
- Business tax return preparation (Schedule C, partnerships, S-corporations, corporations)
- Tax return filing and e-filing
- Amended tax return preparation
- Prior year tax return preparation
- Multi-state tax return preparation
Tax Consulting Services
We provide tax consulting and advisory services, including but not limited to:
- Tax planning and strategy
- Tax problem resolution
- IRS and state tax agency representation
- Tax audit support
- Estimated tax payment calculations
- Tax compliance advice
- Entity structure consulting
- Tax-saving strategies
Additional Services
- Document preparation and organization assistance
- Tax record retention guidance
- Referrals to other financial professionals when appropriate
Engagement and Professional Relationship
Professional Standards
Upgrade Tax Services is a professional tax preparation and consulting firm. Our services are provided by qualified tax professionals who adhere to:
- IRS Circular 230 regulations
- Professional tax preparer standards
- State tax preparer licensing requirements
- Ethical standards and professional conduct rules
No Attorney-Client Relationship
Unless explicitly stated in a separate engagement agreement, our services do not constitute legal advice, and no attorney-client relationship is created. For legal matters, we recommend consulting with a qualified attorney.
Scope of Services
The specific scope of services will be defined in your engagement letter or service agreement. We will provide only those services explicitly agreed upon. Any additional services require a separate agreement.
Limitations of Service
We are not responsible for:
- Tax positions taken in prior years (unless we prepared those returns)
- Accuracy of information you provide to us
- Tax consequences of transactions we were not consulted about in advance
- Changes in tax law enacted after your return is filed
- Actions or inactions of previous tax preparers
- Guaranteeing specific tax outcomes or refund amounts
Client Responsibilities
Accurate Information
You agree to:
- Provide complete, accurate, and truthful information
- Disclose all income from all sources
- Provide all relevant documents and records
- Inform us of all tax-related matters and transactions
- Respond promptly to our requests for information
- Notify us of any errors or omissions you discover
- Update us on changes to your tax situation
Document Retention
You are responsible for:
- Maintaining original copies of all tax documents and records
- Retaining tax records for the period required by law (generally 7 years)
- Keeping copies of filed tax returns
- Preserving supporting documentation for items reported on your returns
Timely Cooperation
You agree to:
- Provide requested information in a timely manner
- Respond to our communications promptly
- Attend scheduled appointments or consultations
- Allow sufficient time for us to complete your returns before deadlines
- Notify us immediately of IRS or state tax agency correspondence
Review of Returns
Before we file your tax return, you agree to:
- Carefully review the completed return
- Verify all information for accuracy
- Ask questions about anything you don’t understand
- Sign and date the return only after thorough review
- Understand that you are ultimately responsible for the contents of your return
Payment Obligations
You agree to:
- Pay all fees for services rendered
- Make payment according to agreed-upon terms
- Pay for services even if you are dissatisfied with your tax liability
- Understand that our fees are for professional services, not based on refund amounts
Fees and Payment Terms
Service Fees
Our fees are based on:
- The complexity of your tax situation
- The time required to complete the work
- The specific services provided
- Current market rates for professional tax services
Fee Structure
Fees may be:
- Flat fees for standard returns
- Hourly rates for consulting or complex matters
- Project-based fees for specific engagements
- Retainer fees for ongoing services
Specific fees will be communicated to you before services are rendered. We reserve the right to adjust fees if the scope of work changes significantly.
Payment Terms
- Payment is typically due upon completion of services or as specified in your engagement letter
- We accept payment by check, credit card, debit card, ACH transfer, or other agreed-upon methods
- A convenience fee may apply for credit card payments
- Late payments may be subject to interest charges as permitted by law
Refund Policy
Our fees are for professional services rendered, not for achieving a specific tax outcome. Fees are generally non-refundable once services have been performed. If you are dissatisfied with our services, please contact us immediately so we can address your concerns.
Collection of Outstanding Fees
If your account becomes delinquent, we reserve the right to:
- Suspend services until payment is received
- Engage collection agencies or legal counsel
- Charge reasonable collection costs and attorney fees
- Report unpaid debts to credit bureaus (as permitted by law)
Confidentiality and Privacy
Confidential Information
We maintain strict confidentiality of all client information in accordance with:
- Professional tax preparer confidentiality obligations
- IRS Circular 230 requirements
- Federal and state privacy laws
- Our Privacy Policy
Limits to Confidentiality
We may disclose your information when:
- Required by law, court order, or government authority
- Necessary to comply with professional standards
- Authorized by you in writing
- Required to defend ourselves in legal proceedings
- Necessary to collect unpaid fees (limited information only)
Data Security
We implement appropriate security measures to protect your information. See our Privacy Policy for detailed information about data security practices.
Limitations of Liability
Professional Liability
To the fullest extent permitted by law:
- Our liability for any claims arising from our services shall be limited to the fees paid for the specific service giving rise to the claim
- We are not liable for consequential, incidental, indirect, or punitive damages
- We are not liable for errors resulting from incomplete or inaccurate information provided by you
- We are not liable for tax law changes enacted after return preparation
- Claims must be brought within the applicable statute of limitations
No Guarantee of Outcomes
We do not and cannot guarantee:
- Specific refund amounts
- Acceptance of tax positions by taxing authorities
- Audit protection or immunity
- Elimination of tax liabilities
- Specific results from tax planning strategies
Audit Representation
If the IRS or state tax agency selects your return for examination:
- You are responsible for responding to all requests
- Additional fees will apply for audit representation services
- We cannot guarantee audit outcomes
- Audit representation requires a separate engagement agreement
Third-Party Services
We are not responsible for:
- Actions or omissions of third-party service providers (e.g., e-filing services, payment processors)
- Technical issues with third-party platforms
- IRS or state tax agency processing delays or errors
Intellectual Property Rights
Website Content
All content on the Site, including text, graphics, logos, images, and software, is the property of Upgrade Tax Services or its licensors and is protected by copyright, trademark, and other intellectual property laws.
Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. You may not:
- Reproduce, distribute, or display Site content without written permission
- Modify or create derivative works from Site content
- Use automated systems to access the Site
- Reverse engineer any Site software or technology
Your Content
If you submit any content to us (feedback, questions, reviews), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content for business purposes.
User Accounts and Security
Account Creation
To use certain features of our Services, you may need to create an account. You agree to:
- Provide accurate registration information
- Maintain the security of your password
- Notify us immediately of any unauthorized access
- Be responsible for all activities under your account
- Not share your account credentials with others
Account Termination
We reserve the right to suspend or terminate your account if:
- You violate these Terms
- You provide false information
- Your account is inactive for an extended period
- We discontinue the Services
- Required by law or professional standards
Prohibited Uses
You agree not to:
- Use the Services for any unlawful purpose
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Transmit malicious code or viruses
- Attempt to gain unauthorized access to our systems
- Impersonate any person or entity
- Harass, abuse, or threaten our staff
- Use the Services to commit tax fraud or evasion
- Provide false or misleading information
- Interfere with the proper functioning of the Services
IRS Circular 230 Disclosure
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
Electronic Communications and Signatures
Consent to Electronic Communications
By using our Services, you consent to:
- Receive communications from us electronically
- Electronic delivery of tax documents, notices, and communications
- Use of electronic signatures on tax returns and other documents
Electronic communications satisfy legal requirements for written communications.
E-Filing Authorization
When you authorize us to e-file your tax return, you agree that:
- Your electronic signature has the same legal effect as a handwritten signature
- You have reviewed the return and authorize its filing
- You accept responsibility for the accuracy of the return
- You authorize direct deposit or electronic funds withdrawal if applicable
Opting Out
You may opt out of electronic communications by contacting us in writing. However, opting out may limit your ability to use certain Services.
Indemnification
You agree to indemnify, defend, and hold harmless Upgrade Tax Services, its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney fees, arising out of or in any way connected with:
- Your violation of these Terms
- Your violation of any law or regulation
- Inaccurate or incomplete information you provide
- Your breach of any representation or warranty
- Any claim that your information caused damage to a third party
Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
Venue
Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Palm Beach County, Florida, and you consent to personal jurisdiction in such courts.
Informal Resolution
Before initiating any legal action, you agree to contact us to attempt to resolve the dispute informally. We will make good faith efforts to resolve disputes amicably.
Arbitration Agreement
Any dispute that cannot be resolved informally may be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Palm Beach County, Florida.
Exception: Either party may seek equitable relief in court for intellectual property disputes or to enforce confidentiality obligations.
Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Time Limitation
Any claim arising from our Services must be filed within one year after the claim arose.
Termination
Termination by Client
You may terminate our Services at any time by providing written notice. You remain responsible for:
- Payment of fees for services already rendered
- Costs incurred on your behalf
- Proper retrieval of your documents and records
Termination by Company
We may terminate our Services if:
- You fail to pay fees when due
- You fail to provide requested information
- You violate these Terms
- A conflict of interest arises
- You engage in abusive or threatening behavior
- We are unable to verify your identity
- Continuing the relationship would violate professional standards
Effects of Termination
Upon termination:
- You must pay all outstanding fees
- We will return your original documents upon request
- We may retain copies of documents as required by law
- Our confidentiality obligations continue
- You remain responsible for filing your tax returns
Disclaimers
No Warranty
OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Website Availability
We do not warrant that:
- The Site will be available at all times
- The Site will be error-free or secure
- Defects will be corrected promptly
- The Site is free from viruses or harmful components
Tax Law Changes
Tax laws change frequently. Information on the Site may not reflect the most current legal developments. We are not responsible for changes in tax law that occur after services are performed.
Third-Party Information
We are not responsible for the accuracy, completeness, or reliability of third-party information, including information from the IRS, state agencies, or other sources.
Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective when posted on the Site with a new “Last Updated” date. Material changes will be communicated to clients via email or client portal notification.
Your continued use of our Services after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of our Services.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy and any engagement letter or service agreement, constitute the entire agreement between you and Upgrade Tax Services regarding the Services and supersede all prior agreements and understandings.
Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
Assignment
You may not assign or transfer these Terms or your rights under these Terms without our written consent. We may assign these Terms without restriction.
Force Majeure
We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or technical failures.
Survival
Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: confidentiality obligations, payment obligations, limitations of liability, indemnification, and dispute resolution.
Notices
All notices under these Terms must be in writing and delivered to:
Upgrade Tax Services
- Email: [email protected]
- Phone: 561-801-7351
Notices are deemed received when:
- Delivered by hand
- Three business days after mailing via first-class mail
- On the date sent via email (if confirmation is received)
Acknowledgment
By using our Services, you acknowledge that:
- You have read and understood these Terms
- You agree to be bound by these Terms
- You understand your responsibilities as a client
- You understand the limitations of our Services
- You have had an opportunity to ask questions about these Terms
Questions About These Terms
If you have any questions about these Terms of Service, please contact us at:
Upgrade Tax Services
- Email: [email protected]
- Phone: 561-801-7351
- Website: https://upgradetaxservices.com/
Thank you for choosing Upgrade Tax Services. We are committed to providing professional, confidential, and high-quality tax services to all our clients.