Terms of Service
Introduction
These Terms of Service (“Agreement”) govern the use of the services provided by TaxCreditwiz LLC (“Company,” “we,” “us,” or “our”). By accessing or using our platform, you (“User,” “you,” or “your”) agree to be bound by this Agreement, our Privacy Policy, and any applicable Fee Schedules. If you do not agree, you may not access or use our services.
Definitions
Employer” means a business entity utilizing the Platform to manage its own Work Opportunity Tax Credit (WOTC) processing.
“Tax Preparer” means an individual or entity managing WOTC processing on behalf of Employers with proper authorization.
“Reseller” means an individual or entity authorized to manage WOTC services for multiple Employers.
“Candidate Survey” means a questionnaire administered through the Platform to job applicants or new hires, designed to collect information relevant to WOTC eligibility.
“Employer Attestations” means any certifications, declarations, confirmations, or other statements made by Employers through the Platform.
“Client Data” means any data submitted to the Platform by any User.
“Platform” means the Company’s website, software, calculators, form-fill services, and related services.
Scope of Services
The Platform provides WOTC eligibility screening tools, prefilled Form 5884 calculators, processing services related to WOTC documentation, and Candidate Surveys. We assist in the preparation of relevant documentation based on User-provided information. We do not guarantee tax credit eligibility, maximize any credits, or file forms with government agencies unless separately agreed in writing. Users acknowledge and agree that all information, responses, and attestations provided by candidates through Candidate Surveys are made solely by the candidates. TaxCreditwiz LLC does not verify, validate, or guarantee the accuracy, completeness, or truthfulness of any Candidate Survey responses. TaxCreditwiz LLC expressly disclaims any and all liability arising from errors, omissions, false statements, or inaccuracies contained within Candidate Surveys.
User Types and Responsibilities
Employers: Responsible for submitting accurate employee information, reviewing Candidate Survey responses, and timely confirming hires.
Tax Preparers: Represent and warrant they have authority to submit Client Data on behalf of Employers.
Resellers: Represent and warrant that they have obtained necessary authorizations from their client Employers.
Employers are solely responsible for reviewing Candidate Survey responses for accuracy and completeness before relying on such information for WOTC eligibility purposes. TaxCreditwiz LLC shall not be liable for any damages, penalties, disqualifications, or loss of tax credits resulting from reliance on erroneous or false information provided by candidates.
Employers acknowledge that submission of required WOTC documentation must occur within legally prescribed timeframes. It is the Employer’s sole responsibility to ensure timely confirmation of hires and submission of necessary documentation.
Fees and Payment Terms
Users agree to pay all applicable fees based on their user type. Fees include an annual subscription fee and per-submission fees for WOTC documentation processing. Fees may vary based on volume, user type, or services provided.
Alternative 1 (Public Fee Schedule): Fees are posted publicly on the Company website and are incorporated herein by reference.
Alternative 2 (Private Fee Schedule): Fees are communicated privately during account setup or by direct communication and are incorporated herein by reference.
Alternative Volume Discount Clauses:
A. No Discounts: No volume discounts apply unless agreed to in a separately executed written agreement.
A. No Discounts: No volume discounts apply unless agreed to in a separately executed written agreement.
B. Possible Discounts: The Company may offer volume-based discounts at its sole discretion, subject to separate written terms.
No Refunds for Employer Errors: TaxCreditwiz LLC shall not issue any refunds, credits, or compensation for lost tax credits, missed deadlines, or rejected applications resulting from Employer delays, inaccuracies, or other failures to comply with WOTC program requirements.
Subscription Renewals
Annual subscriptions automatically renew unless canceled before the renewal date. Users will be provided advance notice of renewal and applicable fees in compliance with applicable state laws including but not limited to California, New York, Vermont, and Washington D.C.
Intellectual Property
All content, branding, software, and services provided through the Platform are the exclusive property of TaxCreditwiz LLC. Users are granted a limited, non-transferable license to access the Platform for authorized use only.
No Agency
Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between TaxCreditwiz LLC and any User.
No Tax, Legal, or Accounting Advice
The Company does not provide tax, legal, or accounting advice. Users are advised to consult their own professional advisors for such matters.
Limitation of Liability
To the fullest extent permitted by law, TaxCreditwiz LLC shall not be liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any unauthorized access, use, or alteration of your transmissions or content.
Security and Data Protection
The Company shall implement commercially reasonable administrative, technical, and physical safeguards intended to protect the security, confidentiality, and integrity of Personal Information provided by Users. Notwithstanding the foregoing, no method of transmission over the Internet, or method of electronic storage, is completely secure. Accordingly, the Company does not warrant or guarantee absolute security of Personal Information. In the event of a security breach that results in the unauthorized access, acquisition, or disclosure of Personal Information, the Company shall comply with all applicable breach notification laws.
Indemnification
You agree to indemnify, defend, and hold harmless TaxCreditwiz LLC, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platform, your violation of this Agreement, or your violation of any third-party rights.
Arbitration
Any disputes arising out of or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The place of arbitration shall be [Your County], Texas. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction there of.
Force Majeure
The Company shall not be liable for any failure or delay in its performance under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, pandemics, labor disputes, or failures of internet service providers.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of law principles. All disputes arising under or related in any way to this Agreement shall be resolved exclusively in the state or federal courts located in [Your County], Texas.
Survival
The provisions of this Agreement relating to confidentiality, indemnification, limitation of liability, governing law, and arbitration shall survive termination or expiration of this Agreement.
Notices
All notices under this Agreement shall be sent to TaxCreditwiz LLC or via email to [info@taxcreditwiz.com].