THIS SITE (AskTheTaxPro.com) (referred to herein as “SITE”) AND THE RELATED SERVICES OFFERED VIA THIS SITE ARE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW (the “AGREEMENT”). THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND KRISHNAN & ASSOCIATES (referred to herein as “COMPANY”, “we”, “our” or “us”).
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE AND/OR THE SERVICES YOU REQUEST VIA THE SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND TO THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, YOU MAY NOT USE OR ACCESS THE SITE OR THE SERVICES PROVIDED VIA THE SITE FOR ANY MANNER. THESE TERMS APPLY TO ALL VISITORS AND USERS OF THIS SITE AND THE SERVICES PROVIDED VIA THIS SITE, AND TO ALL OTHERS WHO ACCESS THIS SITE AND THE SERVICES OFFERED. THE TERMS “You” and “Your” refer to ANY CUSTOMERS OF COMPANY, VISITORS, USERS OR ALL OTHERS WHO ACCESS THIS SITE OR THE SERVICES PROVIDED).
1) Scope & Nature of Engagement:
We proudly offer several packages, including but not limited to, the $49 Burning Tax Question Email, the $99 Follow Up Call, the $99 Tax Strategy Relief Call, Tax Q&A Packages, and Tax Strategy Packages.
(Initial Here) A) You understand and agree that if you enroll for the $49 Burning Tax Question Email, the Scope and Nature of the $49 Burning Tax Question Email is a One-Time Service and limited to handling that particular ONE Burning Tax Question by Email, subject to qualification process as further described in Section 1C.
(Initial Here) B) You understand and agree that a Burning Tax Question Email only handles Tax Questions that can be answered Generally and Efficiently and is NOT Specific to the Individual or Entity. By answering such Burning Tax Questions, Company does not intend to form, and does not form, a professional-client relationship with You.
(Initial Here) C) You understand and agree that your Burning Tax Question Email enrollment is subject to an initial qualification process. In the event that we determine (in our sole and absolute discretion) that the Burning Tax Question Email does not qualify as a Burning Tax Question, then your $49 will be non-refundable but can be applied to the following options to enroll for that particular question: 1) $99 Tax Strategy Relief Call, 2) Tax Q&A Packages, or 3) Tax Strategy Packages.
(Initial Here) D) You understand and agree that your Burning Tax Question Email enrollment can only be enrolled ONCE for a particular Burning Tax Question and that after completion of that service you will only be allowed to enroll for either the $99 Follow Up Call, $99 Tax Strategy Relief Call, Tax Q&A Packages, or Tax Strategy Packages.
(Initial Here) E) You understand and agree that if you sign up for the $99 Follow Up Call or $99 Tax Strategy Relief Call that the scope and nature of the engagement is LIMITED to handling ONE Specific Tax Question and recommendations on what to do next regarding your tax issue through phone call.
(Initial Here) F) You understand and agree that the $99 Follow Up Call or $99 Tax Strategy Relief Call for a Specific Tax Question is limited to 30 minutes and in the event that question being answered exceeds 30 minutes then you will be required to enroll in the Tax Q&A or Tax Strategy Packages to complete the services provided by us relating to your question.
(Initial Here) G) You understand and agree that a Tax Question does not constitute multiple parts and if it does, then you will be required to enroll in the Tax Q&A Packages or Tax Strategy Packages to answer your questions.
(Initial Here) H) You understand and agree that your enrollment in the Tax Q&A and Tax Strategy Packages are LIMITED to handling the Tax Questions within the scope and nature and method of communication per enrollment.
(Initial Here) I) You agree to the pricing and payment terms applicable to you for the services you select as well as for the packages you will be required to enroll in for additional services as explained herein such as a $99 Follow Up Call, $99 Tax Strategy Relief Call, Tax Q&A Packages, or Tax Strategy Packages.
(Initial Here) J) In rendering its response to questions by you, Company may consider for example, the applicable provisions of the Internal Revenue Code of 1986 and ERISA, as amended, and relevant state and foreign statutes, the regulations thereunder, income tax treaties, and judicial interpretations thereof. You understand and agree that these authorities are subject to change, retroactively and/or prospectively, and any such changes could affect the validity of the Company’s advice and that Company will not update its advice for subsequent changes or modifications to the law and regulations, or to the judicial and administrative interpretations thereof, unless you separately engage Company to do so after such changes or modifications.
(Initial Here) K) You understand and agree that we may, with or without, prior notice, change the Site or stop providing services or features of certain services.
2) Limitation of Liabilities/Hold Harmless:
(Initial Here) A) You understand and agree that our liabilities upon enrollment of the $49 Burning Tax Question Email are LIMITED to
the response email. Therefore, we are not liable for any damages caused by subsequent actions or decisions after delivering the
email answer to the question.
(Initial Here) B) You understand and agree that our liabilities upon enrollment of the $99 Tax Strategy Relief Call are LIMITED to handling ONE Tax Question and Recommendations on What to Do Next in Recap Summary Email. Therefore, we are not liable for any damages caused by subsequent actions or decisions after delivering the email answer to the question.
(Initial Here) C) You understand and agree that our liabilities upon enrollment of the Tax Q&A and Tax Strategy Packages are LIMITED to handling the Tax Questions and Recommendations per the scope and nature of the engagement. Therefore, we are not liable for any damages caused by subsequent actions or decisions after delivering the email answer to the question.
(Initial Here) D) You understand and agree that our liabilities are LIMITED to providing you the Tax information you need to assist you in making the best decision in answering the Tax Question. Furthermore, we do NOT provide Legal, Financial, Credit, Real Estate, Insurance, Mortgage, or Investment Advisory and our Advisory services are limited to providing Tax advice only. We advise you to consult the proper professionals for the matters outside of Tax advice. Therefore, we are not responsible for any damages caused by subsequent actions or decisions after delivering the email answer to the question.
(Initial Here) E) You understand and agree that you are responsible for your subsequent actions or decisions after the delivery of emails or other answers to your question.
(Initial Here) F) NOTWITHSTANDING ANYTHING ELSE CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL LIABILITY, IF ANY, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, OF THE COMPANY OR ITS SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND CONSULTANTS (“COMPANY PARTIES”) INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY, IF ANY, OF COMPANY OR COMPANY PARTIES ARISING OUT OF THIS AGREEMENT, SERVICES OR ADVICE PROVIDED BY COMPANY OR COMPANY PARTIES, SHALL BE LIMITED TO ANY FEES ACTUALLY PAID TO COMPANY BY YOU. IN NO EVENT, AND UNDER NO CIRCUMSTANCES, SHALL COMPANY OR COMPANY PARTIES BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING DIRECT OR INDIRECT INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST SAVINGS ANY COSTS OR EXPENSES ARISING OUT OF THIS AGREEMENT, THE SITE, SERVICES OR ADVICE PROVIDED, INTENDED TAX CONSEQUENCES THAT ARE NOT SUSTAINED, THE PROCUREMENT OF SUBSTITUTE SERVICES, DELAYS, OR ANY OTHER INDIRECT DAMAGES, WHETHER ARISING OUT OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE EVEN IF THE POSSIBILITY THEREOF MAY BE KNOWN IN ADVANCE TO ONE OR MORE PARTIES AND EVEN IN THE EVENT THAT COMPANY OR COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT.
(Initial Here) G) You agree to indemnify, defend and hold harmless Company and Company Parties from and against any and all claims, suits, actions, losses, damages, liabilities or costs (including legal and attorney’s fees), arising out of, or in connection with subsequent actions or decisions made by you after Company or Company Parties delivers answers to your tax question(s), your use of the services and products provided by Company, your breach of this Agreement, and any claims made by a third party relating to services provided under this Agreement.
3) Turnaround Time:
(Initial Here) Though we make our best efforts to ensure we provide the answers to Tax Questions upon enrollment in any case within the promised turnaround time, you agree and understand that due to the varying levels of complexity associated with the questions and other external factors beyond our control, there will be times that the turnaround time may be delayed beyond the promised turnaround time. The company shall not be liable for failure to provide, or delays in providing, services under this Agreement.
4) Right of Termination of Service:
(Initial Here) While we proudly strive to assist as many people as possible, we also maintain the right to terminate service for any reason, including but not limited to, if we feel the parties are not a good fit to work with each other or that the questions asked are outside our scope of services. You understand and agree that while we do make our best efforts to assist as many people as possible if our professionals or staff members do experience an adversarial relationship with you, we reserve the right to terminate service with no refunds issued.
5) Timeline in Requesting Documentation and Submission of Tax Questions/Reliance:
(Initial Here) A) You understand and agree that we will be requesting that you submit your tax question within a certain time frame prior to our scheduled appointment in preparation of such appointment and that there will be times that we will be requesting tax documentation from you prior to such appointment. Therefore, we require that you timely provide us with the requested documents within 7-10 business days in order to ensure we are sufficiently prepared in answering your questions. Failure to do so within that time frame without any prior communication will result in termination of service without refunds issued. Furthermore, should the tax question be submitted within 24 hours of the scheduled appointment, we reserve the right to reschedule the appointment due to the short notice provided by the client.
(Initial Here) B) You understand and agree that Company will base its conclusions on facts and assumptions that you submit and will not independently verify this information and that any inaccuracy or incompleteness of the information you provide could have a material effect on Company’s conclusions.
6) Cancellation and Refund Policy:
(Initial Here) A) You understand and agree that once you have acknowledged this Agreement and that we have processed the order, the fees paid are non-refundable unless specifically stated otherwise in this Agreement.
(Initial Here) B) You understand and agree that in the event should you decide to cancel service for any reason, the fees paid are non-refundable.
7) Right to Reschedule or Cancel Tax Consultation Appointments:
(Initial Here) You understand and agree that there are circumstances and other external factors beyond our control that may necessitate us to reschedule your appointment either unilaterally or mutually agreed upon. Therefore, we reserve the right to reschedule or cancel the appointment.
In the event we cancel your appointment for any reason, from our end, we will either, in our sole discretion, 1) reschedule you to another time or 2) refund you if we choose not to work with you anymore provided our decision is not based on an adversarial relationship with you as set forth in Section 4 above. Should we decide to terminate our relationship and provide a refund, you agree that such a refund shall be your sole remedy.
8) Right of Reassignment or Substitution of Tax Advisor:
(Initial Here) You understand and agree that while we do our best to ensure that you have your Dedicated Tax Advisor working on your Tax Questions, there will be times when there are external factors that are beyond our control that would otherwise necessitate us to reassign or substitute Tax Advisor in order to continue our service with you . We also reserve the right, unilaterally or mutually, to reassign your Tax Advisor for any reason.
(Initial Here) Some communications between you and us are privileged. Privileged communications must be made in connection with tax advice, tax preparation, or tax resolution. Your confidentiality privilege can be inadvertently waived if you discuss, share, disclose, or send the contents of any privileged communication to a third party. If we are asked to disclose any privileged communication, we will not provide such disclosure until you have had an opportunity to argue that the communication is privileged, unless we are required to disclose the communication by law or court order. You agree to pay any and all reasonable expenses we incur, including legal fees, are a result of attempts to protect any communication as privileged.
(Initial Here) The services are rendered ONLY to you and solely for your benefit in answering the Tax Questions from your enrollment with either the Burning Tax Q&A Email, Tax Strategy Relief Call, Tax Q&A Packages, or Tax Strategy Packages. The services or our advice may not be relied upon by you for another purpose, or used, circulated, furnished, quoted, or relied upon by any other person, firm corporation, or third party for any purpose without our prior written consent.
11) Proprietary Rights/Intellectual Property:
(Initial Here) You acknowledge and agree that all rights, titles, and interests in and to the Site and the services provided are and will remain the exclusive property of the Company and its licensors. All materials herein, including but not limited to, all images, software, text, graphics, logos, patents, trademarks, service marks, copyrights, audio, and all intellectual property rights related thereto, are the exclusive property of the Company. You further acknowledge and agree that the Site has been developed, compiled, prepared, and arranged by Company and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute the valuable intellectual property of Company and such others. Subject to your compliance with this Agreement, Company grants a non-transferable, non-exclusive, revocable, limited license to use the Site. We reserve all rights not expressly granted to you by this Agreement. In the event Company must bring an action or proceeding against you to protect such proprietary information and prevails, in addition to any other relief Company is entitled to, Company shall also be entitled to attorneys’ fees and costs incurred by Company and its attorneys in such action or proceeding.
(Initial Here) You may provide us with your telephone number(s), facsimile number, email address as part of your customer record, registration, payment, or contact information. You understand that by providing such information, we may use the information provided to contact you. You expressly consent that we may contact you using written, electronic, and/or verbal means, including by telephone calls to phone, mobile phone, emails, etc. as necessary to complete transactions and services requested by you, and as permitted by applicable law, even if your phone number is registered on any federal and/or state Do-Not-Call/Do-Not email registry.
14) Governing Law:
(Initial Here) You understand and agree that the Site and services provided will be deemed solely based in California and that this
Agreement and all the rights and liabilities of the parties hereto shall be governed by and construed in accordance with the laws of the State of California (without respect to principles of conflicts of law), and the parties submit to the jurisdiction of and venue in the State of California in any mediation, arbitration or legal proceeding necessary to interpret or enforce this Agreement or any part of this Agreement.
15) Attorneys’ Fees:
(Initial Here) You understand and agree that should there be any mediation, arbitration, or litigation arising out of this
Agreement, the Site, or related to the services provided under this Agreement, the prevailing party in such action shall be entitled to recover all reasonable costs incurred, including attorney’s fees and costs, and other related expenses in addition to any other relief to which it may be entitled.
(Initial Here) In the event that any provision of this Agreement is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the full extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
17) No Waiver:
(Initial Here) No waiver of any term of these terms and conditions will be deemed a further or continuing waiver of such term or of any other term, and Company’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or condition.
(Initial Here) By acknowledging the terms and conditions, marking each section in the margins, and continuing to use
this Site and the services provided by this Site you agree that you have read, understand, and accept your obligations
and responsibilities stated above, plus you understand our responsibilities and limit of liabilities as explained above. In its sole discretion, Company may modify these terms and conditions by posting a revised version on this Site and you agree that each visit by you to this Site or your request for services or products through this site is a new transaction governed by the terms and conditions on the Site at that time.
Please contact AskTheTaxPro.com with any questions regarding this Agreement.