Independent Tax ERO Agreement
This Independent ERO Agreement is made effective as of signed date below by EFIN HOLDER ("ERO") and Tax Software Company ("NEXT GEN TAX PRO SOLUTIONS ") 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.'
1. DESCRIPTION OF SERVICES. Beginning on date signed, ERO will provide the following services (collectively, the "Services"): 1 Next Gen Tax Pro Solutions Software License for tax preparation services; client file management.
2. REMUNERATION FOR SERVICES. ERO is entitled to receive FULL TAX PREPARATION FEES collected from clients and preparation team utilizing the Software license provided by company for Services rendered and shall pay the verified SB fee per return with prior year volume verification. Company is not responsible for contact with ERO's downline of tax preparers working under the license.
3. TERM/TERMINATION. This agreement automatically terminates on October 15, 2025. ERO will be subject to liability for breach of contract if, at any time prior to October 15, 2025, Preparer terminates this agreement. Likewise, Company cannot terminate this agreement prior to October 15, 2025, unless ERO is not productive or violates terms of this agreement which could result in a penalty up to $5000 and is at the discretion of the company.
4. RELATIONSHIP OF PARTIES. It is understood by the parties that ERO is an independent contractor/ License holder 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 ERO.
5. PTIN. ERO is required to obtain and maintain a Preparer's Tax Identification Number (PTIN) in accordance with the IRS' rules and regulations in place during the period covered by this agreement to utilize the software license. The ERO is responsible for the downline of preparers who may be utilizing the ERO's licensed software provided by the company.
6. CODE OF CONDUCT. ERO will be governed and is required to comply with the IRS Circular 230 and all relevant federal and state laws including any other laws that govern the tax return preparation industry. ERO acknowledges that he/she will comply with the due diligence requirements and is aware of the penalties imposed by the IRS with respect to the preparation of returns containing refundable credits, particularly the earned income tax credit, the child tax credit, the education credit and any other. Lack thereof compliance responsibility will fall directly onto the ERO and not the company.
7. LIABILITY. ERO is liable for the entire party of individual's including downlines own errors and omissions and agrees to correct any errors or omissions whether intentional or inadvertent without compensation or direction from Company. ERO agrees that any liability associated with their tax returns and downline utilizing tax software license, prepared under this agreement will be that of ERO and not the Company. It is in the favor of the ERO to obtain a Professional Insurance Bond (Errors and Omissions This will be obtained solely by the ERO and not the company.
8. BACKGROUND CHECKS AND FINGERPRINTING. As an ERO/EFIN holder, background checks are not necessary although the validity of the EFIN holders identification and EFIN will be validated.
9. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the "Work Product") developed in whole or in part by ERO relating to any Services provided by company in training/mentorship sessions and included in this agreement, shall be the exclusive property of NEXT GEN TAX PRO SOLUTIONS This agreement grants the Company exclusive rights and full ownership of the 'Work Product'.
10. CLIENTS. ERO is responsible for generating their own leads and clients for return preparation. Any clients obtained by ERO are the property of ERO. The Company will not step in to provide customer service during the duration of this agreement should the ERO fail to render such service.
11. OWNERSHIP OF SOCIAL MEDIA CONTACTS. The company must approve any social media marketing containing the company name before it is posted on social media. Any social media contacts, including "followers" or "friends," that are acquired through accounts (including, but not limited to email addresses, blogs, Twitter, Facebook, YouTube, or other social media networks) used or created on behalf of Company will remain the property of Company.
Any forms of slander or deformation towards the company will result in legal action with billing of acquired legal representation billed to ERO per this agreement.
12. TRAINING. ERO is provided all training necessary to use the license at its full capacity. ERO has the ability to schedule a one-on-one session with company for more in depth issues via email or appointment calendar.
13. CONTINUING EDUCATION. ERO is responsible for completing any continuing education required to maintain their PTIN as mandated by the IRS to prepare using licensed software provided by company.
14. EFIN NUMBER. The ERO will utilize their own EFIN number for electronically filing tax returns prepared by ERO and downline. ERO shall never at any point submit fraudulent returns under the Company EFIN.
15. 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 to any third party whether such conveyance personally benefits ERO or not. 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 including software license rights 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.
16. FILE AND RECORD MAINTENANCE. ERO is responsible to maintain all client return files in accordance with rules and regulations set forth by the IRS. ERO 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 because 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 should put a system in place to upload all document into scanned document's location within the software with all documents used to create the tax return, but it not required. 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. Client files without the proper upload of scanned documents in the tax software may delay the processing of tax return for the client.
17. OFFICE AND EQUIPMENT USE. ERO will acquire own office equipment including computer, fax, printer, client folders, and etc. on behalf of their business and downline. This responsibility will not fall on the Company in any capacity.
18. BUSINESS EXPENSES. Any expenses associated with ERO provision of Services are his/her own and will not be reimbursed by Company. This includes, but is not limited to: automobile expenses associated with providing Services for clients; any office supplies used by ERO; costs associated with ERO and preparer's utilizing software license, retaining employees, agents, or designees; etc.
19. INDEMNIFICATION. ERO agrees to indemnify and hold harmless Company from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against Company that result from the acts or omissions of ERO, Preparer's employees, agents, or designees, if any.
20. 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.
21. SEVERABILITY. If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
22. NON-COMPETE ERO will sign and date the companies non-compete agreement upon partnership.
23. FEES. NEXT GEN TAX PRO SOLUTION is a business who thrives on providing clients with bank product options. Ero's who choose not to use bank products with each tax return will be invoiced $25.00 per return on the first of the month between February and May.
24. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Washington and resident state of ERO.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day, month and year first below written.
SB FEE PER VERIFIED PRODUCTS FROM PRIOR YEAR
$65.00 SB FEE 0-99 RETURN
$55.00 SB FEE 100-199 RETURN
$35.00 SB FEE 200-299 RETURN
$25.00 SB FEE 300+ RETURN
REBATES FOR BANK PRODUCTS
$2.00 - 0-50 RETURN
$3.00 - 51-100 RETURN
$4.00 - 101-200 RETURN
$5.00 - 201+ RETURN
I AGREE TO THE ERO TERMS