This Agreement sets forth the terms of purchase of Services (“Product/Program/Membership/Book/Event”) from A Kaplan CPA, P.C.. These Services may include but are not limited to:
- Scheduling of Strategy Sessions to discuss prospect's case
- Obtaining personal financial records from IRS via pre-authorized and pre-executed Power of Attorney forms executed by the prospect
- Performing in depth evaluation of prospect's IRS or State issues using Power Of Attorney (s) for the prospect
- Discussing qualified tax resolution alternatives based on evaluation of prospect's case with prospect and government agencies
- Implementing agreed upon tax resolution alternative on behalf of the prospect for a fee
By placing your Order with A Kaplan CPA, P.C., by clicking “accept/purchase/pay now/complete order,” or by using the Services, you agree to be bound by this Agreement. If you do not agree with these terms, you should leave the A Kaplan CPA, P.C. website (s) and discontinue use of the Services immediately.
In these terms and conditions, “We/us/our/[d/b/a]” means A Kaplan CPA, P.C. (herein referred to as A Kaplan CPA. “You/your” means you as a user of the Website and/or Customer of the Program/Services.
A Kaplan CPA Services. The Services include evaluation of prospect's individual tax situation by conducting in depth research of obtaining and analyzing any and all records from Internal Revenue Service (IRS) and or State agencies. After the prelimenary evaluation of the prospect's case is completed and all of the possible, qualified alternatives are discussed and proposed to the prospect, the implementation of representation services by A Kaplan CPA is initiated. All negotiations and communication between the prospect, Federal and/ or State agencies will be conducted in accordance with IRS Circular 230 by qualified Certified Public Account (CPA) at A Kaplan CPA. Any and all fees charged by A Kaplan CPA are non refundable and are due at the time of the execution of the proposed Engagement Agreement between A Kaplan CPA and the prospect.
Payment is required before beginning the program, as indicated on your Order form, and may be a one-time fee, or a monthly or other recurring fee, as applicable. Please check the details of your Order form or Order page for the information specific to your program. You agree to pay the amount agreed (including an additional fees on the Order form or Order page) and not to cancel this transaction with your bank or credit card company. A Kaplan CPA is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. Fees for Services may be pre-paid or by installment, as indicated on your Order form. Failure to make an installment payment will result in suspension or termination of the Services. A Kaplan CPA does not guarantee any specific results from use of the Services. A Kaplan CPA does not make any representations or warranties as to specific outcomes or results because all results are subject to final approval by the Federal and/ or State Agencies.
Unless otherwise stated on any A Kaplan CPA websites, any and all products or services sold by A Kaplan CPA, P.C. (A Kaplan CPA) are not refundable.
A Kaplan CPA Services. We are confident that you will reap the rewards and benefits of our services, however, there may be some exceptions where partial refund may be issued to the prospect under the circumstances including but not limited to the following:
- Prospect must cooperate with A Kaplan CPA at all times
- Prospect must provide necessary information to A Kaplan CPA that is required to complete our evaluation and implementation of tax resolution alternatives in order to resolve prospect's case
- Information may be requested by A Kaplan CPA or as a part of request made by Federal and/ or State Agencies
In the event the prospect is not cooperating to the extend deemed acceptable by A Kaplan CPA, prospect understand that his/ her tax resolution case may be jeopardized and immediate cessation of any and all work performed on behalf of the prospect as well as termination of the engagement agreement will be the necessary action taken on behalf of A Kaplan CPA. In this case, the portion of the unused retainer may be refunded to the prospect.
This Agreement will be effective consistent with the term indicated on your Order form or Order page. Failure to pay for the Services consistent with the program requirements will result in termination of the Program prior to the end of the applicable term, and your access to ongoing Services will be discontinued. Additional fees may be accrued in the event you continue to use the Services after any failure to pay for said services.
Nothing contained in this Agreement shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind.
A Kaplan CPA, P.C. (A Kaplan CPA) may modify this Agreement from time to time and without notice. You agree to be bound by the terms of this Agreement and any future modifications when such modifications are posted to the A Kaplan CPA, P.C. (A Kaplan CPA) website (s). You should review this Agreement regularly during the use of the Services to keep apprised of any changes.
No assignment of this Agreement is permitted, without prior written permission from A Kaplan CPA, P.C. (A Kaplan CPA). Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. A Kaplan CPA, P.C. (A Kaplan CPA) rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by A Kaplan CPA, P.C. (A Kaplan CPA).
THIRD PARTY BENEFICIARIES
This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
This Agreement and any action related thereto shall be governed by the laws of the State of New York without regard to its choice of law principles. The parties consent to exclusive jurisdiction and venue in federal and state courts sitting in New York City (any of the 5 boroughs), New York courts.
In the event that a dispute arises pursuant to this Agreement, either Party may submit a written demand to the other that the dispute be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York City (any of the 5 boroughs), New York. The foregoing shall not prevent A Kaplan CPA, P.C. (A Kaplan CPA) from seeking injunction relief in a court of competent jurisdiction.
If a party is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from payment of any sums of money owed by you to A Kaplan CPA, P.C. (A Kaplan CPA); and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to A Kaplan CPA, P.C. (A Kaplan CPA) including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.
This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.
Under no circumstances whatsoever shall either party be liable to the other for any incidental, consequential, indirect, special, exemplary, punitive or other damages under this Agreement. This provision applies even if such party has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, A Kaplan CPA, P.C. (A Kaplan CPA) liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to A Kaplan CPA, P.C. (A Kaplan CPA) for the services during the term of the Service Program.
All materials provided to you as part of your Product or Program or Services which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of A Kaplan CPA, P.C. (A Kaplan CPA). You may not re-use, perform, modify, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of A Kaplan CPA, P.C. (A Kaplan CPA). All trademarks, logos, and service marks displayed on any materials provided as part of your Product or Program or Services under this Agreement are protected by US and International copyright and Intellectual Property laws. Access to any materials or content online or otherwise as part of the Product or Program or Services subject to this Agreement should not be construed as granting any license or right to use said content, including trademarks, logos and service marks of A Kaplan CPA, P.C. (A Kaplan CPA) or any third-party.
The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
You agree to indemnify, defend and hold harmless A Kaplan CPA, P.C. (A Kaplan CPA), its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the Services causes A Kaplan CPA, P.C. (A Kaplan CPA) to be liable to a third party.
This Agreement cannot be voided by not using the Services as delivered, or in any other way attempting to avoid viewing or taking delivery of the Services as outlined. These actions will not void your Agreement or permit you the right to a refund.
This Agreement represents the entire understanding and agreement of the parties relating to the Product or Program or Services purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Product or Program or Services, are of no further force and effect. In order to participate in certain portions of the Product or Program or Services, you may be notified that you may be required to agree to additional terms and conditions as the program is revised over time. You may receive a copy of this Agreement at any time by requesting a copy of your “Program Terms of Purchase.”
If you have any questions regarding this Agreement or any aspect of our services, please contact A Kaplan CPA, P.C. (A Kaplan CPA)