
TINKERBELL ENTERPRISES
Terms & Conditions
Terms Applicable to Services
In the course of delivering services relating to tax return preparation, tax advisory, tax audit, Credit Restoration, Funding, Insurance Services, Notary or any other service provided by Tinkerbell Enterprise @Tinkerbellent.org or any of it’s DBA’s (we or us) applies to Tinkerbell’s customary practices intended to provide these services in a cost effective manner.
This document describes certain of these customary practices, as well as other standard terms, conditions, and limitations relating to our provision of tax services. Except to the extent we expressly agree by written instrument signed by our authorized representative(s) that specifically refers to the engagement covered by this Engagement Letter, all services that we provide to any client or third party (you) relating to tax return preparation, tax consultation and advice, representation in any tax audit matter, or any other federal, state, local, or foreign tax matter, Credit restoration, Personal or Business Funding, Credit creation, incorporating of a business, Notary service or any legal advice provided by any affiliated party or attorney service we use are subject to the following terms, conditions, and limitations.
References “The Terms” to the "Engagement document(s)" meaning the notices or other document describing the scope of our services and the associated fee arrangement to which these Terms are related to. References to the "Code" mean the Internal Revenue Code of 1986, as amended. Independent Contractor. For all tax services that we perform, we will be an independent contractor and not your employee, agent, or partner, and we will determine the method, details and means of performing our services. We assume full and sole responsibility for the payment of all compensation and expenses for our employees and for all their applicable employee withholdings.
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Confidentiality.
We will maintain the confidentiality of your Confidential Information. We may disclose your Confidential Information to our employees and third party contractors as necessary to provide our services, including without limitation the disclosures Without limiting the foregoing, we may in certain circumstances disclose your Confidential Information to software vendors for the purpose of obtaining technical support in the course of providing services to you, but it is our policy to require these vendors to
maintain the confidentiality of Confidential Information disclosed to them. We may also disclose Confidential Information if required by a court or governmental agency, but we will use commercially reasonable efforts to inform you prior to disclosure. By agreeing to the Engagement Letter, you specifically authorize the disclosures described in this paragraph. In certain circumstances, information that you disclose to us could be subject to a claim of privilege, but you must generally assert and maintain the privilege claim.
You should contact your legal counsel if you have questions concerning the availability of any privilege or how and whether to assert a privilege. We will use reasonable precautions to protect your Confidential Information, but we have no obligation to employ any measures that you do not regularly employ in protecting your Information. ​
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A majority of our clients choose to communicate with us by email, and we will use email unless a client directs otherwise. Because email is not secure, it may not be an appropriate means for sending certain confidential or sensitive data. If you are concerned about the security or particular information, please send encrypted messages with security password and the instruction via separate text for us to access the data.
Terms Regarding Tax Return Preparation Acknowledgment
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The client agrees the information provided on the tax deduction sheet and via email is true and correct and
that the information was provided solely by the client and the necessary questions were asked for accuracy.
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Information was not altered or changed without the client’s knowledge.
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The client agrees to not hold Tinkerbell Enterprises Corp, its officers or any other entity liable if the IRS requests documentation to support the deduction or audits any part the tax preparation submitted.
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In addition, if there are any claims involving missing documentation such as w2’s, 1095 or others, client acknowledges that an amendment must be done and additional charges will be imposed and collected prior
to correct such errors.
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Lastly if the information is not provided accurately by the client or withheld from the preparation and a fine
or penalty is imposed by the IRS the client will not hold Tinkerbell Enterprises, liable and will pay or make
arrangement to pay any fines imposed or we may suggest signing up to Legalshield for assistance
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The client understands that audit protection is needed and the protection is for a 2-year term after submission
If the Client fails to attend the scheduled appointment and does not cancel within 24 hours of said appt
the $100.00 deposit fee is forfeited to Tinkerbell Enterprises due to lost wages
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At the end of your appointment if you “ the client “ is not satisfied and choose not to submit the return a $100 fee for the time spent. Hence the 100.00 deposit will cover 1-hr of preparation and an additional 100.00 will be owed since the allotted time slot is 2 hours.
Failure to pay will result in litigation
Términos relacionados con el reconocimiento de la declaración de impuestos
• El cliente acepta que la información proporcionada en la hoja de deducción de impuestos y por correo electrónico es verdadera y correcta y que la información fue proporcionada únicamente por el cliente y se hicieron las preguntas necesarias para garantizar la exactitud.
• La información no fue alterada o cambiada sin el conocimiento del cliente.
• El cliente se compromete a no responsabilizar a Tinkerbell Enterprises Corp, sus funcionarios o cualquier otra entidad si el IRS solicita documentación para respaldar la deducción o audita cualquier parte de la misma de la preparación de impuestos presentada.
• Además, si hay alguna reclamación que implique la falta de documentación, como w2, 1095 u otros, el cliente reconoce que se debe realizar una enmienda y se impondrán y cobrarán cargos adicionales antes de corregir dichos errores.
• Por último, si la información no es proporcionada con exactitud por el cliente o no se proporciona en la preparación y una multa o la multa es impuesta por el IRS, el cliente no reclama contra Tinkerbell Enterprises, o afiliados y será responsable y pagará o hará arreglos para pagar cualquier multa impuesta o
• El cliente entiende que la protección de auditoría es necesaria y que la protección de auditoría es por un plazo de 2 años, que comienza en el momento en que se presenta la declaración• Si el Cliente no asiste a la cita programada y no la cancela con un mínimo de 24 horas, perderá la tarifa de reserva de $100.00 debido a la pérdida de salario de Tinkerbell Enterprises.
• Al final de su cita si usted "el cliente" no está satisfecho y optó por no presentar la devolución allí
se adecuará una tarifa de $100/hora por el tiempo dedicado a la preparación del mismo. Por lo tanto, el depósito de 100.00 cubrirá 1 hora de preparación y se deberán 100.00 adicionales ya que el espacio de tiempo asignado es de 2 hr.
• La falta de pago dará lugar a un litigio
A través de la firma de este reconocimiento, el cliente que se enumera a continuación acepta estos términos.
2. Scope of Return Preparation Services.
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Our services in preparing your tax returns are limited to tax return preparation, and our preparation of a return should not be viewed as assurance that any particular reported position is correct. If we become aware of any code or ruling that will likely apply as a penalty to your return, we will advise of such.
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If you receive any adverse notice you must advise us in a timely manner. Within 3 days of receipt. If you have acquired audit protection, you will be covered for 3 years from the date purchased.
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You must purchase protection for each tax return.
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If you have purchased third party protection (LegalShield) and you must reach out to your attorney assigned.
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Any Tax Advice rendered in connection with the preparation of any tax return is subject to the provisions described under "Terms Regarding Tax Advice" below.
A. Reliance on Information.
We will rely on the financial statements/ Tax deduction sheet and any other document provided by “The client”. We will not investigate or verify any facts underlying the deduction sheet or documents sent which will be reported on your tax return. If the actual facts differ from the facts represented or understood by us, or if there are related facts of which we are not aware, the reporting of the transactions could be materially different than that reported on the returns prepared by us.
B. Our and Your Respective Responsibility for Accuracy.
We will exercise due professional care and judgment to include all required information in your business tax returns. The Code provides that by signing your returns, you are verifying that they are true, correct and complete. Accordingly, you should review each tax return carefully before signing it, and bring any questionable items or omissions to our attention.
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C. Jurisdictions for Returns.
We will prepare tax returns for those federal, state, and local jurisdictions requested by you in writing or via electronic format. We will advise you if we believe, based on the information that you provide us, that a tax return should be filed in any other jurisdiction, but we will not prepare any such tax return without your approval.
D. Level of Assurance and Return Disclosures.
The Code prohibits tax preparers from signing any tax return known to report any position (“decision”) (i) that is not supported by "substantial authority" unless certain disclosures are made concerning the position(“decision”) or (ii) attributable to certain "tax shelters" that the preparer does not reasonably believe is more likely than not correct. Because of the limited scope of analysis in evaluating a reporting position, a conclusion that disclosure is not required to enable us to sign a return may not be sufficient to avoid the application of tax penalties under the Code. We will not review any reporting position or perform any tax research for the purpose of either (i) determining whether a position can be reported without disclosure or (ii) determining whether tax penalties may apply. If you wish to gather guidance you must do so via an appointment prior to the time of your appointment so that we don’t delay the reporting. Guidance is considered a separate appointment and is not part of the price of your return. You can send a question via text ahead but a whole explanation of more than a few minutes will need an appointment set up. You can contact us to book that time in reference to potential tax penalties, including rendering Tax Advice intended to address your concerns.
E. Disclosure of Reportable Transactions.
The Code and certain state laws require that you disclose on your tax return certain “reportable transactions” or “listed transactions.” These are significant financial penalties for failure to disclose these transactions, and these penalties may apply even if the transaction does not lead to an understatement of tax. Our tax return preparation services do not include any investigation to evaluate whether there are any reportable transactions that are required to be disclosed on your returns, but we will advise you if we conclude that any such disclosure is required. If you would like us to specifically review any potentially "reportable transaction" or "listed transaction," please contact us to discuss expanding the scope of our services.
3.Terms Regarding Tax Advice
Limitations on Oral or Email Communication.
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We may discuss with you our views regarding the tax treatment of certain items. We may also provide you with tax information in the body of an email. Any advice or information delivered orally or in the body of an email. Will be based upon limited tax research and limited discussion and analysis of underlying facts. Additional research or more complete review of the facts could affect our analysis and conclusions. Because of these limitations and the related risks, we will not proceed with any transaction on any tax return reporting position solely on the basis of any oral or text communication. You accept all responsibility for any loss, cost, or expenses resulting from your negligence. The limitation in this paragraph will not apply to an item of written Tax Advice that is delivered to you as a document attached to an email.
b Facts and Assumptions.
Our investigation to confirm or verify any facts described in any letter submitted by the Irs on the application of tax laws to a particular situation ("Tax Advice") will be limited to the investigation described in the letter. Any change needed is an addition to the original reporting and is considered an amendment and is not covered by audit protection assumptions unless you are expressly told in the letter that the Irs is conducting an Audit.
c Applicable Law.
Unless expressly stated in our Tax Advice, our analysis and conclusions will relate solely to federal income tax consequences under the Code as of the date of our Tax Advice. If you would like us to address tax consequences to you under any other applicable tax law, the scope and cost must be discussed.
4. Credit Issues Addressed
a. Each item of credit Advice will be limited to advice concerning the issues described in the Advice, and it may not consider all of the issues that may rise in connection with the transaction. Except as expressly stated in an item of. Our advice is not an endorsement of any particular transaction structure, nor is it a recommendation that any addressee proceed with the transaction structure described in the Advice.
b. Reportable Transactions.
The Code and certain state & Federal laws require that you disclose listed transactions. There are significant financial penalties for failure to disclose these transactions, and these penalties may apply even if the transaction does not lead to an understatement. The penalties apply to you if you falsify information or documents. It applies to the creditor, Credit Agency and Credit bureau if violations have been made on your “Person” due to reporting of transactions without Permissible Purpose or other such FCRA regulations. We will review transactions to determine whether it is a "reportable transaction" or a "Permissible Purpose Violation " except as expressly provided in the Credit Advice. If you would like us to review other alternatives to the common deletion, you may set a separate appointment to discuss the scope of work, cost, timeline, route to take and possible outcomes.
c. No Guarantee for Credit & Financial Advice
Many areas of consumer laws are unclear, and the application of the law to particular facts may be subject to more than one interpretation. Our Advice will be based upon our interpretation of applicable law and regulations, and certain case ruling authority as of the date of the Advice. The level of assurance for any particular item will depend on the underlying facts, the clarity of applicable law, regulations, rulings, and court cases, and the extent of factual due diligence and research performed. The conclusions in our Advice will be based on our good faith belief that they meet the level of assurance stated in the law. Obtaining Advice at a particular level of assurance may in some cases provide defense to certain penalties, but you should not assume that an item of credit or financial Advice will offer you protection from exception as expressly stated by some laws. We can discuss further representations by trained attorneys to proceed on your behalf.
d. Reliance and Distribution.
Each item of Advice is rendered only for the benefit of the named addressee(s), and does not address the consequences or any other person or entity that is not an addressee. This is not a couples or family coverage, it is a per person situation. No person or entity other than the named addressee(s) may rely on the Advice. To avoid confusion regarding matters of reliance, our Advice may not be delivered to any other party unless you’ve given written notice to us that we may advise the other recipient of these facts.
e. Your Responsibilities.
In order for us to provide effective services, you must cooperate with us and provide us with any information that we request, on a timely basis. You must designate for us a person authorized to make or obtain all decisions with respect to our services if it will not be you. We will rely in good faith on all information and management decisions communicated to us by you, your employees, or your contractors, and we will not be responsible for any loss or other obligation arising. Any failure to fulfill your responsibilities will be grounds for our suspending or terminating our services.
f Decisions.
While we will provide you with advice concerning your reporting and the consequences of certain transactions, you will retain all authority and responsibility for any decision based on our advice.
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Electronic Data Communication and Storage.
In the interest of facilitating our services to you, we may send data over the Internet, or store electronic data via computer software applications hosted remotely on the Internet or utilize cloud-based storage. Your confidential electronic data may be transmitted or stored using these methods. We may use third party service providers to store or transmit this date, such as providers of tax return preparation software. In using these data communication and storage methods, our firm employs measures designed to maintain data security. We use reasonable efforts to keep such communications and electronic data secure in accordance with our obligations under applicable laws, regulations, and professional standards. We require our third party vendors to do the same.
a You recognize and accept that we have no control over the unauthorized interception or breach of any communications or electronic data once it has been transmitted or if it has been subject to unauthorized access while stored, notwithstanding all reasonable security measures employed by us or our third party vendors. You consent to our use of these electronic devices and applications and submission of confidential client information to their party service providers during this engagement.
b. Client Portals.
To enhance our services to you, we will utilize Paperless Returns, a collaborative, virtual workspace in a protected, online environment. Paperless Returns permits real-time collaboration across geographic boundaries and time zones and allows Tinkerbell Enterprises and you to share data, engagement information, knowledge, and deliverables in a protected environment. In order to use Paperless Returns, you will be required to execute a client portal agreement and agree to be bound by the terms, conditions and limitations of such agreement
If you decide to transmit your confidential information to use in a manner other than a secure portal, you accept responsibility for any and all unauthorized access to your confidential information. If you request that we transmit confidential information to you in a manner other than a secure portal, you agree that we are not responsible for
c) any loss or damage of any nature, whether direct or indirect, that may arise as a result of our sending confidential information in a manner other than a secure portal, and
d) any damages arising as a result of any virus being passed on or with, or arising from any alteration of, any email message,
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Engagement of Other Parties.
In performing any services, we may engage the services seasonal preparers, independent contractors, or other third party personnel. By engaging us, you have authorized us to allow contractors of Tinkerbell Enterprises and such other third parties access to your files, financial information and other confidential information. Our engagement of any third party does not affect our obligations to you.
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Changes in Law
Subsequent changes to applicable law or regulations, or the issuance of new case or ruling authority, could materially and adversely affect the analysis and conclusions in an item of Tax Advice or Credit restoration that can affect the outcome. Neither the delivery of any Advice nor the preparation of a tax return or dispute is an undertaking on our part to advise you of any changes in law. We are not attorneys.
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Possibility of Litigation
If the IRS or another tax authority adopts a position contrary to any analysis or conclusions in our Advise or to any position reported on a tax return or dispute, it might be necessary to pursue administrative appeals or litigation. Decision of whether and how to pursue administrative appeals or litigation may be based on considerations of cost, publicity, or other matters unrelated to the technical merits or position. In some cases, taxpayers or consumers elect not to pursue appeals or litigation even though a reported position may ultimately be sustained on appeal or in litigation.
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Disclaimer of Legal and Investment Advice
Our services under the Engagement Letter and these Terms do not constitute legal or investment advice. We recommend that you retain competent legal counsel and investment advisers if you so choose.
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Record Retention and Ownership.
We will return all of your original records and documents provided to us at the conclusion of the engagement per the law statue of the service.. Your records are the primary records for your operations and comprise the backup and support for your work product. Our copies of your records and documents are not a substitute for your own records and do not mitigate your record retention obligations under any applicable law.
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Work Product.
We will deliver to you the items expressly related to your service. All our work products and files will remain our property, and we retain all copyrights and intellectual property with respect to our work product. We, in our sole discretion, may provide you with access to or copies of our files, but you will be obligated to pay all costs associated with such access copies.
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Document Production and Testimony.
If we are requested or authorized by you, or if we are required by government regulation, subpoena or other legal process, to produce any documents or files, or to make our personnel available as witnesses with respect to this engagement, you will, so long as we are not a party to the proceeding in which the information is sought, reimburse us for our professional time and expenses, as well as the reasonable fees and expenses of our counsel, incurred in responding to such requests.
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Record Retention.
Federal tax law requires us to retain either copies of tax returns we prepare or specified information relating to those returns, as well as certain other documents related to all our services varying time periods. Our current policy (which we may revise at any time and in our sole discretion) is to retain copies of tax returns and certain related workpapers for 3 years after the return is filed, or 1 year after the conclusion of all other services subject to casualties beyond our control. We provide our clients with a file copy of each service vai electronic or mailed format through usps for which we are a signing preparer or agent, and we recommend that you retain this copy for at least 3-5 years.
It may also be advisable to retain accounting or tax records for longer than seven years for reasons unrelated to taxes. Decisions regarding document retention may involve a variety of legal considerations (e.g., statutes of limitation, rules of evidence), so you may wish to consult your legal counsel to address these legal considerations.
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Conflicting Engagements.
If we at any time determine in our sole discretion that a conflict of interest exists that prevents us from providing our services in accordance with applicable ethical rules, we will notify you of the conflict and may withdraw from representing you to the extent that such withdrawal is required or permitted by applicable ethical rules.
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General Business Terms
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Billing.
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Our fees and expenses will be billed on a regular basis. Each invoice is payable upon receipt of the invoice or at the time of service. There are no refunds or disputes or charge back of services.
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Uncontrollable Delays.
The time for performance of any of your or our obligations (other than the obligation to pay money due) will be extended for a reasonable time in the event of causes beyond your or our reasonable control, including without limitation acts of God, war, acts of government, fire, flood, strike or labor problems, sabotage, and delays in obtaining labor, materials, equipment, transportation or death.
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Suspension of Services.
If you fail to pay any amount when due, we reserve the right to suspend the performance
of services until your account is paid in full or terminate the Engagement upon written
notice to you. Termination for any reason will not affect your obligation to pay us for
fees and expenses incurred prior to termination or in transferring files to and otherwise cooperating with any successor tax preparer or tax advisor. If you terminate any
Engagement Letter after we have commended performing services under a fixed fee arrangement, you will be obligated to pay us the entire fixed fee upon termination.
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Survival of Provision.
All provisions of these Terms will survive the termination of cancellation except that (i) we will not have any obligation to provide services after termination and (ii) except as you will not have any obligation to pay us for any services that we perform after termination.
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Entire Agreement: Interpretation.
These Terms and the email contracts sent via email represent our entire agreement and understanding concerning the engagement described in the Engagement, and they supersede all prior and contemporaneous agreements. All Terms must be construed according to their fair meaning and not strictly for or against any party.
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Amendments, Waivers and Consents.
Terms may be amended except by our mutual written agreement. No waiver of any breach of these Terms or the Engagement Letter will be effective unless the waiver is in writing and signed by the party against whom the waiver will be enforced. No waiver of any breach will be deemed a waiver of any other or subsequent breach.
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Assignment: No Third Party Beneficiaries.
You may not assign the Terms to any other party. There are no third party beneficiaries to the Engagement Letter or to these Terms except as expressly provided in the Engagement Letter.
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Newsletters and Similar Communications.
We may from time to time send newsletters, mails, explanations of tax law developments, or similar communications to selected clients, former clients, or other interested parties. These communications are of a general nature and are not definitive advice. We do not send all such communications to all clients, former clients, or interested parties. These newsletters do not establish or continue a client relationship with any person, and they do not constitute an undertaking on our part to monitor tax or other issues for you or for any other parties.
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Fee Disputes.
You and Tinkerbell Enterprises both agree that any dispute over fees charged by us to you will be final and no refunds can be arbitrated and will not be submitted for resolution by arbitration in accordance with the Rules for Professional Accounting and Related Services Disputes of the American Arbitration Association (or other association). The parties waive trial by jury and agree that any dispute or claim will be resolved by a mediator without a jury.
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Referrals.
In the course of providing services to you, you may request referrals to attorneys, brokers, investment advisors or other professionals. We may identify a professional or professionals for your consideration. However, you are responsible for evaluating, selecting, and retaining any professional and determining if the professional can meet your needs. you agree that we have no responsibility for and will not oversee the activities of any professional to whom we refer to you.
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Liability and Dispute Resolution
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Opportunity to Cure and Liability Limitations.
In the event that we fail to meet our obligations under the Engagement or Terms you
must notify us in writing and provide us with the opportunity to re-perform the services.
If the services cannot be re-performed, or if re performance will not cure the breach,
then your remedy will be for us to refund our fees relating to these services up to the
amount paid minus any work that was already performed. In no event will our aggregate liability for claims, whether in contract, in tort, at law, or in equity, arising out of or relating
to our failure to meet our obligations under the Engagement or Terms exceed the amount
of fees actually paid to us. In no event will we be liable for loss of profits or any
consequential, indirect, special exemplary, or punitive damages.
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Time Limitations on Claims.
No claim or action by either party, regardless of whether the claim is in contract, in tort, at low or in equity, arising out of or relating to any matter under the Engagement Letter may be brought by either party (i) more than 24 months after the party first knows or has reason to know that the claim or cause of action has accrued or (ii) more than 36 months following the completion of the services under the Engagement Letter. This paragraph may shorten, but in no event will it extend, any period of limitation on actions otherwise provided by applicable law.
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Savings Clause.
In the event any provision herein violates a tax jurisdiction's Standard of Conduct specifically applicable to a client, as to that client, such provision shall be (i) modified to the extent necessary to be in compliance with that specific standard, or (ii) rendered void if modifying the provision cannot result in compliance with the specifically applicable standard. In the event any portion of the Engagement , including these Terms and Conditions is found to be void, illegal or unenforceable, all remaining provisions shall remain in full force and effect.
Conclusion of Terms