Last Updated: 01/01/2024
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This Engagement Letter (“Engagement Letter”) is made and entered into by and between Company  Advisors, LLC (“Company ”) and you (the “Client” or “you”) as of the date this Engagement Letter is executed or otherwise entered into by you by the terms herein (the “Effective Date”).  Company and Client are referred to individually as a “Party” and jointly as “Parties”. This Engagement Letter is incorporated into the Terms of Service Agreement available at ffcadvisors.com\legal-stuff (the “Agreement”). Capitalized terms used herein, but undefined will have the meaning given to such terms in the Agreement.

BY REGISTERING FOR, USING, AND/OR RECEIVING THE TAX SERVICES, OR BY CLICKING THE “I ACCEPT” OR SIMILAR BUTTON, YOU AGREE TO THE TERMS OF THIS ENGAGEMENT LETTER.

1. Term

The duties and obligations of both the Client and Company shall commence on the Effective Date and continue for one (1) year thereafter (the “Initial Term”). Thereafter, this Engagement Letter will automatically renew for successive one (1) year periods (each, a “Renewal Term”, and together with the Initial Term, the “Term”), unless either party provides at least thirty (30) days notice before the end of the Initial Term, or Renewal Term, as applicable, of its intent to terminate this Engagement Letter. Notwithstanding the foregoing, the Company may require you to consent to an updated Engagement Letter in a specified manner before each Renewal Term before any Tax Services for the applicable Renewal Term may be provided.  This Engagement Letter may be terminated by either party by giving a thirty (30) day written notice by the Agreement.  Furthermore, either party may terminate this Engagement Letter for cause in the event the other party breaches any material term and fails to cure such breach within seven (7) days of the non-breaching party’s notice thereof.

2. Scope

Subject to the terms and conditions of the Agreement, including the payment of applicable fees, the Company agrees to provide the following tax return preparation services during the Term (“Tax Services”)*:
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One-time:
(1) Initial call to assess your business to determine the right fit for the Company
(2) Tax assessment for your business
(3) Annual personal tax preparation
(4) Annual business entity tax preparation

Ongoing:
(1) Up to 4 times a year check-ins for your financial assessment, tax projections
(2) Year-round tax advice on your business

Add-ons:
(1) From time to time, the parties may agree to additional Tax Services or tools, which shall be subject to the terms of this Engagement Letter, by executing a mutually agreed upon written (electronically acceptable) addendum that references this Engagement Letter.  Such additional services may be subject to additional fees.

*Spouses

In the event you are legally married and filing a joint tax return with your spouse, the Company  will assist in the preparation of such joint tax return in the following instances:
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Spouse DOES NOT own or operate a Business:
If your spouse DOES NOT own or operate a business and your joint tax return will not include or need to account for any business income (other than the income from your business), THEN the Company may (subject to the Company’s written agreement)  prepare such tax return in connection with the Tax Services for no additional cost, subject to the terms herein, including the Agreement.

Spouse DOES own or operate a Business:
If your spouse DOES own or operate a business and your joint tax return will need to include or need to account for your spouse’s business income, THEN the Company may (subject to the Company’s written agreement) prepare such tax return in connection with the Tax Services for an additional mutually agreed-upon fee, subject to the terms herein, including the Agreement.

Spouse Creates Business AFTER the Start of Engagement Letter:
If your spouse DOES NOT own or operate a business as of the Effective Date but creates or acquires a business AFTER the Effective Date, the Client shall inform the Company immediately.  Company may (subject to the Company’s written agreement) prepare such tax return in connection with the Tax Services for an additional mutually agreed-upon fee, subject to the terms herein, including the Agreement.

Company has no obligation to prepare any joint tax return hereunder unless agreed upon in writing by the Company.  The client acknowledges and agrees that any agreement by the Company to prepare any joint tax return is conditioned upon the accuracy, completeness, timeliness, and truthfulness of the information provided by the Client, including, without limitation, whether you and your spouse are legally married and whether your spouse owns or operates a business as the Effective Date.  In the event any such information is inaccurate, incomplete, out-of-date, or false, you will immediately notify the Company.

3. Out of Scope

In no event will the Tax Services include, without limitation:
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- Bookkeeping
- Forensic audit to perform any forensic examination of your financial books or records.
- Attest Services to your financial books or financial records of any kind or nature.
- Tax audits of your tax returns that may be audited by the tax authorities. Any proposed audit adjustments are subject to certain appeals. Should the Client’s returns be selected for examination, the Company can arrange to be available upon request to represent the Client. Such representation would be a separate engagement, and the Client would be responsible for the additional invoices for fees and expenses incurred.
- Specific investment recommendations concerning investment, insurance, or other financial products.
- Preparation of tax returns for any year, other than the tax year of the then-current term.

4. Client Obligations

Decision Making
‍You are solely responsible for all final decisions concerning financial management, reporting, tax returns, and financial reporting.  You agree to review all tax returns, reports, and other documents carefully before signing and/or relying upon them.  You acknowledge and agree that the Company  shall not be responsible or liable for any decisions made by you, or for any tax returns, reports, or other documents executed or submitted by, or on behalf of you,

Communication
You agree to communicate any problems or issues with your accounting systems and/or financial services related to the Tax Services. You agree to provide prompt responses to questions and issues raised by Company agents and employees.

Professional Work Environment
‍In the event the Tax Services are to be performed at your premises, you agree to provide a professional work environment for Company agents and employees to perform labor and services under this Engagement Letter.

Cooperation and Access to Information
The client acknowledges and agrees that the Company’s performance hereunder is conditioned upon the Client’s performance of its obligations herein and reasonable cooperation.  The client agrees to provide the Company with any information and permissions reasonably requested by the Company to perform the Tax Services.  

Accuracy of Information
‍You represent warrant and covenant to the Company that all information you provide to the Company in connection with the Tax Services is accurate, complete, current, and true and that if you discover that any such information is inaccurate, incomplete, out-of-date or false, you will immediately notify Company in writing and promptly correct such information.  You acknowledge and agree that you shall be solely responsible for, and shall hold the Company, its affiliates, and their respective officers, directors, employees, and contractors harmless from any costs, expenses (including reasonable attorneys’ fees), damages, judgments, liabilities, losses, penalties, and settlements arising from or related to your breach of the foregoing representation and warranty. Company shall not be responsible or liable to you or any other person or entity for any delays, penalties, or other consequences arising from your breach of the foregoing representation and warranty.

Do Not Commingle Funds
‍The Client acknowledges that the Company’s performance of its obligations herein, and any advice or information provided by the Company in connection with the Tax Services is based upon the information provided and made available by the Client.  The client further acknowledges that in the event the Client commingles its business accounts with its or its spouse’s accounts and expenses, the Company cannot accurately perform the Tax Services.  As such Client, agrees that it shall not commingle any business accounts or expenses with any of Client’s (or its spouse’s or other third parties) accounts or expenses.

5. Full Disclosure - Personal

You acknowledge and agree that you are solely responsible for disclosing all income and other reportable tax transactions and that the failure to do so may result in penalties and additional liabilities. Company shall have no liability for any failure by you to appropriately disclose such income and transactions.

6. Tax Professional’s Judgment

Company agents and employees will use their judgment in resolving questions where the tax law is unclear, or where there may be conflicts between the taxing authorities’ interpretations of the law and other supportable positions. The Company will apply the “more likely than not” reliance standard to resolve such issues to avoid penalties that might be assessed against it as a return preparer. You agree to honor the Company’s decisions regarding the disclosure of tax return positions to avoid or mitigate penalties.

7. Treatment of Personal Information

The company will collect, store, process, and disclose any information you provide in connection with this Engagement Letter by the Company’s privacy policy available at ffcadvisors.com\legal-stuff .

8. Disclaimer

The Tax Services will be provided solely concerning that business you have identified to the Company in connection with your Company account.  The company will not perform an audit or review of your financials or any other related documents you may provide. All advice and information made available by the Company in connection with the Tax Services is based on the information you provide to the Company, and the Tax Services cannot be relied upon to discover errors, fraud, defalcations, or other irregularities, should any exist. We will not audit or otherwise verify the information you submit, although we may ask you for clarification of some of the information. The company is not responsible for any information or advice given based on any inaccurate, untrue, incomplete, or out-of-date information provided by you. You are solely responsible for your acts and omissions related to the Tax Services.

9. No Guaranteed Results or Responses.  

The company does not make any representation or warranty that the Tax Services will be appropriate for your needs or suitable for your business. The company does not guarantee and expressly disclaims any particular results.  SINCE THE TAX SERVICES ARE BASED ON THE INFORMATION YOU PROVIDE, Company does not warrant that the TAX SERVICES will be timely, accurate, current, or complete. The company may make available third-party communication tools, such as Slack, to enable you to communicate with our tax preparers, but the Company makes no representation or warranty that such tools are secure or that our tax preparers will be able to respond to you promptly.

10. General

The client acknowledges and agrees that the Agreement ffcadvisors.com\legal-stuff is incorporated herein by reference and that the terms hereof shall apply to the performance of each party’s obligations herein, including, without limitation, the sections relating to Limitation of Liability, Indemnification, and Arbitration.