Software Service Agreement
This Software Service Agreement ("Agreement") is entered into as of the Effective Date: dated below
by and between the following parties:
Provider: Opulent Financial, with a principal place of business at 10499 Hammer Rd Neosho Mo 64850
Client: with a principal place of business at the above address.
1. Purpose
The purpose of this Agreement is to set forth the terms and conditions under which the Provider agrees to provide and Client agrees to receive software services as described herein.
2. DESCRIPTION OF SERVICES
2.1 Description of Services
Services Provided to a Tax Preparer by a Software Provider
A software provider offers a range of services designed to support tax preparers in efficiently and accurately preparing, filing, and managing clients' tax returns. These services ensure compliance with IRS regulations, enhance productivity, and provide technical support.
Key Services Include:
- Tax Software Access and Licensing:
Providing licensed access to tax preparation software that enables the preparer to complete and e-file federal and state tax returns securely. Software is good for one year to-the-date of this contract.
- Software Updates and Maintenance:
Regular updates to incorporate the latest tax laws, forms, and IRS regulations, ensuring the preparer's tools are current and compliant.
-Technical Support and Customer Service:
Providing technical assistance, troubleshooting, and guidance to resolve software issues promptly, minimizing disruptions during tax season.
- Training and Educational Resources:
Offering training sessions, webinars, tutorials, and user guides to help preparers utilize the software effectively and stay informed about new features or regulatory changes.
- Data Security and Compliance:
Implementing secure systems for data storage, transmission, and user authentication to protect sensitive client information and comply with IRS data security requirements.
- E-File Authorization and Management:
Supplying Electronic Filing Identification Numbers (EFIN) and assisting with the
registration process, enabling the preparer to electronically submit returns.
Client Management Tools:
Providing features such as client data organization, appointment scheduling, and documentation management to streamline workflow.
- Reporting and Recordkeeping:
Generating reports for tracking filed returns, pending submissions, and other
compliance-related documentation.
- Integration Capabilities:
Allowing integration with financial institutions, accounting software, or other tools to facilitate data import/export and improve accuraсу.
Software Licensing and Subscriptions Management:
Handling billing, renewals, and access management to ensure uninterrupted service throughout the tax season.
2.2 Service Levels and Price for Software
Roles and Responsibilities
-Tax Preparer - PTIN holders Price: $200.00 (no split fees)
A Tax Preparer is a professional responsible for assisting clients in preparing and filing their tax returns. Their primary duties include gathering financial information, calculating tax liabilities or refunds, ensuring compliance with current tax laws, and accurately completing tax forms. Tax Preparers may also advise clients on tax planning strategies and represent clients in dealings with tax authorities if authorized.
Key Responsibilities:
- Collect and review client financial documents (W-2s, 1099s, receipts, etc.)- Prepare accurate federal and state tax returns Ensure compliance with IRS regulations and current tax laws
- Provide tax planning advice
- Maintain confidentiality and security of client data
- Respond to IRS inquiries or audits if authorized
Data Entry Clerk
(Working as a Tax Preparer) Price: 75/25 Split Fees No Down Payment
A Data Entry Clerk working as a Tax Preparer assists in inputting client information into tax software under the supervision of a licensed tax preparer. They focus on accurately entering data from client documents, verifying information, and ensuring all necessary details are correctly recorded for the preparation process.
Key Responsibilities:
- Input client financial data into tax software
- Verify accuracy of entered information against original documents
- Organize supporting documents and client records
- Assist in preparing basic tax returns under supervision
- Maintain data security and confidentiality
- Support the tax preparer in managing workflow and deadlines
Electronic Return Originator (ERO) / Tax Preparer EFIN Holders Price: $250.00
An ERO is a licensed individual authorized by the IRS to submit electronic tax returns on behalf of clients. As a Tax Preparer and ERO, the individual is responsible for:
- E-filing client returns securely and accurately
- Obtaining necessary PINs or authorization numbers
- Ensuring all required disclosures are provided
- Maintaining EFIN and PTIN
- Complying with IRS regulations for electronic submissions
3. Term and Duration
This Agreement shall commence on the Effective Date specified below and shall
continue in full force and effect for a period of [specify duration, e.g., one (1) year], unless terminated earlier in accordance with the provisions of this Agreement.
Renewal: Upon expiration of the initial term, this Agreement shall automatically renew for successive [specify period, e.g., one (1) year] terms unless either party provides written notice of non-renewal at least [specify notice period, e.g., thirty (30)] days prior to the expiration date.
Termination: Either party may terminate this Agreement prior to the expiration date by providing written notice to the other party at least [specify notice period, e.g., thirty (30)] days in advance. In the event of breach or violation of any terms of this Agreement, the non-breaching party may terminate immediately upon written notice.
Effect of Termination: Upon termination, the tax preparer shall cease all use of the software and return or destroy any proprietary information or materials belonging to the software provider, and any outstanding obligations shall survive termination as specified herein.
4. Payment and Fees
4a. All payment of the fees charged to clients are released once the taxpayers refund is released if you use the refund transfer method. This is usually within 21 days after the return is filed but if the taxpayer has an issue with tthe return it could be longer than the normal expected date (21 days). It is the tax preparers (you) responsibility to recover the fees charged after 90 days of the filing date. If your client does not want to use the refund transfer method for payment, their payment will be due at the time of submitting the return. Once you receive a payment from the client it will be your responsibility to pay the back end fees and split fees (if any) to the software service provider within 24 hours.
4b. When taxpayers use tax software and e file their return, they will need to pay certain additional fees known as "back end fees." These fees cover various services and processes involved in the filing of your tax return. Tax preparers are generally required to inform clients about these fees and often pass them on to the taxpayer. These fees are listed at the bottom of thid sgreement. If the taxpayer is not getting a refund it is the tax pereparer's responsibilitly to charge those fees at the time of filing and pay them to the your software provider. If theses fees are not paid, they will be deducted from your next epected deposit and/or invoiced to you. Not paying these fees will also revoke your access to bank products and being able to renew the software.
5. Confidentiality
Tax preparers are bound by federal laws, IRS regulations, and ethical standards to protect client confidentiality. Under IRS Circular 230, which governs tax professionals, practitioners must exercise due diligence and confidentiality when handling client information.
Exceptions to Confidentiality
While confidentiality is paramount, there are circumstances where a tax preparer may disclose information:
- When required by law or court order.
- To prevent or report a crime or fraud.
- To protect the preparer's legal interests, such as in a dispute.
Client's Role in Confidentiality
Clients also have a role in maintaining confidentiality:
- Providing accurate and complete information.
- Not sharing their login credentials or sensitive information with unauthorized persons.
- Not requesting or encouraging disclosing confidential information to unauthorized
parties.
Consequences of Breach
Unauthorized disclosure of client information can lead to:
- Legal penalties for the tax preparer.
- Loss of professional license or certification.
- Damage to reputation and client trust.
- Potential legal action from clients.
6. Intellectual Property
Provider owns all intellectual property rights in the Services. Client is granted a limited, non-exclusive, non-transferable license to use the Services during the term of this Agreement.
7. Termination
7.1 Termination for Convenience
Either party may terminate this Agreement for any reason upon thirty (30) days written notice to the other party.
7.2 Termination for Cause
Either party may terminate this Agreement immediately upon written notice if the other party breaches any material term of this Agreement and fails to cure such breach within fifteen (15) days after written notice of the breach.
8. Indemnification
Each party agrees to indemnify, defend, and hold harmless the other party from any claims, liabilities, and expenses arising from any breach of this Agreement.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Tennessee, without regard to its conflict of law principles.
10. Miscellaneous
10.1 Amendment
This Agreement may be modified only by a written amendment signed by both parties.
10.2 Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
11. Signatures
IN WITNESS WHEREOF, the parties hereto have executed this Software Service
Agreement as of the Effective Date.