In this Agreement, the party who is contracting to receive the services shall be referred to as “Company," and the party providing the services shall be referred to as "Ero / Preparer."
1. DESCRIPTION OF SERVICES. Beginning on date signed, company will provide the following services (collectively, the "Services"): ERO training and setup.
2. TERM/TERMINATION. This agreement automatically terminates on December 31, 2025. ERO will be subject to liability for breach of contract if, at any time prior to December 31, 2024, (unless stated otherwise) ERO terminates this agreement. If ERO violates any law are circumstances are does not comply with TBC Software Co policy this contract will terminate.
3. RELATIONSHIP OF PARTIES. It is understood by the parties that ERO is an independent contractor with respect to Company, and not an employee of Company. As such, Company will not provide fringe benefits, including health insurance benefits, paid vacation leave, or any other employee benefit, for the benefit of Preparer.
4. ERO is required to have and maintain an EFIN and an active PTIN. These items must be obtained by 12/31/2024 to be in accordance with the IRS’ rules and regulations in place during the period covered by this agreement.
5. CODE OF CONDUCT. ERO is required to govern himself/herself in accordance with all relevant state and federal laws in particular those laws that address tax return preparation. Additionally, ERO is required to comply with any and all relevant administrative rules and regulations, particularly IRS Circular 230. Any willful or malicious activity conducted by the ERO regarding the falsifying of documents or information in a tax return will be transferred to the Internal Revenue Service (IRS) and any other appropriate authorities. Additionally, by executing this agreement, ERO acknowledges that he/she is aware of the due diligence requirements and penalties imposed by the IRS with respect to the preparation of returns containing refundable credits (the earned income tax credit, the child tax credit, and the education expense credit). ERO additionally agrees to prepare returns that follow these IRS due diligence requirements and that failure to do so represents a breach of this agreement.
6. LIABILITY. ERO is liable for all applicable rules and regulations in the state in which they operate and the IRS for all Services rendered under this agreement. By executing this agreement, ERO agrees to correct any errors or omissions whether intentional or inadvertent without compensation from Company. ERO agrees that any liability associated with the provision of Services under this agreement will be that of ERO and not Company.
7. CLIENTS. ERO is responsible for generating their own leads and clients for return preparation. Any clients obtained by ERO are the property of ERO.
8. TRAINING. ERO is required to complete all training necessary to qualify for and maintain their paid preparer status with the IRS & Bank Product. Company may facilitate such training, but any such training is the IRS’ training program that the IRS requires paid preparers to complete. A training assessment will be issued at the completion of the training. ERO is required to score 70% or better on examinations conducted with respect to any training in ordered to qualify to contract with Company.
9. CONTINUING EDUCATION. ERO is responsible for completing any and all continuing education required to maintain their EFIN & PTIN as mandated by the IRS.
10. EFIN NUMBER. Preparer may utilize their own EFIN number. In the event that Preparer can not obtain his/her own EFIN number, he/she may utilize Company’s EFIN number for the purpose of electronically filing tax returns prepared by potential ERO all prep fees then will have a $100 flat fee split.
11. CONFIDENTIALITY. ERO will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any information that is the property of Company or Umbrella to any third party whether or not such conveyance personally benefits Preparer. Preparer also will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any information that is the property of any client of Company or Umbrella. ERO will protect all such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, ERO will return to Company all records, notes, documentation and other items that were used, created, or controlled by ERO during the term of this Agreement with respect to any Services provided that are required for Company to comply with any due diligence requirements imposed by the IRS.
12. FILE AND RECORD MAINTENANCE. Company will maintain all client return files in accordance with rules and regulations set forth by the IRS. Preparer may access their clients’ files as needed to respond to requests from the client or the IRS. ERO may maintain copies of their own records at a location of their choosing, but ERO accepts all liability for any disclosures of client information that occur as a result of these files they choose to maintain. This clause does not require Company to create the files. The creation of the files is the sole responsibility of ERO. ERO acknowledges that he/she is aware of the various recordkeeping and due diligence requirements associated with each return that is prepared. ERO also acknowledges that they will follow all IRS rules with respect to file and recordkeeping.
13. ENTIRE AGREEMENT. This agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement, whether oral or written, that usurp the provisions contained herein.
14. SEVERABILITY. ERO is allowed to leave at any given time during or after the season with a 1-week notice.
15. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of TEXAS.
TBC Software is NOT affiliated with any ERO tax office that will be set up.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day, month and year first above written.
By signing below, ERO agrees with all terms and conditions of this partnership.