Terms of Service (Tax & Consultation)
Be sure to read the Engagement Letters for services provided below, as they cover the terms and conditions that apply to the services provided by PacificoTax, LLC (a Wyoming LLC, Doing Business As “PacificoTax”, “Pacifico”, and described as “we” in this agreement to include subsidiary PacificoTax International, Inc., a Canadian corporation). PacificoTax may change the Terms of Service and Engagement Letters from time to time. By continuing to use the Services following such modifications, you agree to be bound by such modifications to the Terms of Service and Engagement Letters.
General Terms and Conditions. In consideration of the use of services, you agree to:
Provide true, accurate, current, and complete information about yourself, your income, expenses, and financial/tax information when requested.
To maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, PacificoTax has the right to terminate services, delete your related account and refuse any and all current or future use of the Site.
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access devices.
By using the www.pacifico.tax web site, including any applets, software, and content contained therein, you agree that use of the Site is entirely at your own risk. THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, PACIFICO TAX DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER PACIFICO TAX NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF PACIFICO TAX, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PACIFICO TAX, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. PACIFICO TAX AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
PACIFICO TAX, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
LIMITATION OF LIABILITY AND INDEMNITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF PACIFICO TAX, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, PACIFICO TAX, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET PACIFICO TAX SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF PACIFICO TAX AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF PACIFICO TAX, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold PACIFICO TAX and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). PACIFICO TAX reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by PACIFICO TAX in the defense of any Claims.
Payment Terms and Conditions. You are responsible for providing complete and accurate billing and contact information, and notifying PacificoTax of any changes to such information. Payment for services is due within 30 days from the date service is provided and invoiced. If you provide credit card information to PacificoTax, you authorize us to charge such credit card for all invoices agreed verbally or in writing. Such charges may be made in advance or on a monthly basis as outlined in the payment agreement. Refunds, discounts, or modifications to an invoice are not issued for completed services.
Retainers. For most engagements, a prepaid retainer will be required (i.e. Consultation, Planning, Audit Representation, Collections/Tax Authority Representation, etc…). Refunds may be issued for un-started work if agreed upon by each party. A partial refund of the retainer will be issued if services are partially performed, or any portion of the retainer was exhausted.
Scope of Services. The service to be provided are solely for Tax Return Preparation (or Accounting/Representation if agreed in a separate Engagement). Tax Return Preparation Engagement does not include Accounting, Bookkeeping, Document Organization, contact with IRS or State Tax Authorities, Sales Tax, Payroll Tax, Notice Review, Notice Responses, Tax Resolution, Representation for Collection, or Payment Plan/Offers (unless agreed upon Separately).
Internal Contractors & Staff Assignment. PacificoTax will assign work (i.e. Bookkeeping, Accounting, Document Organization, Marketing, and Internal Application Development) to internal contractors and internal staff. Information required to complete the work will be provided to the individual(s) and businesses completing this work.
Automatic Extensions. An automatic extension of your tax return will be filed on your behalf, without consent, if tax preparation services were provided in the previous year. This is to protect the client’s interest to avoid penalties and interest from late filing, should the event occur.
Publication of Tax Planning Information. Tax plans (in all forms to include written guidance and tax structures) are copyrighted by PacificoTax, LLC, and holds the exclusive rights to publish situational information of a particular tax plan. A client’s personally identifiable income/tax information will remain private, and never published. However, PacificoTax, LLC holds exclusive rights to the intellectual property pertaining to the plan and can publish a plan developed for a client, with modification to, and reorganization of, identifiable or income information.
Guarantee of Outcome. PacificoTax does not guarantee, certify, or ensure the outcome of a tax liability and related interest and penalties. The tax due (or refund expected) is not guaranteed based on a number of factors such as adjustments by tax authorities, missing information not provided in the tax preparation process, levies, liens, or other events which may occur. Should an Amended Return be necessary based on missing information, a separate fee for tax preparation will be due for the amended return. Penalties and Interest charged for late returns, adjustments, audits or other corrections made by the IRS or State Tax authorities are not the responsibility of PacificoTax, regardless of when or how the information is provided.
Other Information. PacificoTax is taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.
If you wish to make purchases through the Site, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold PacificoTax liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Site. You agree that all information you provide any merchant or information or service provider through the Site for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Site set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Site.
IRS Circular 230 Notice. Nothing in our communications with you (including, but not limited to, any emails, website content, attachments, enclosures or other accompanying materials) relating to any federal tax transaction or matter are considered to be “covered opinions” as described in Circular 230.
The failure of PacificoTax to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Engagement Letters
If services are engaged, an Engagement Letter outlines the terms of our engagement and the nature, timing, and limitations of the services we will provide. Revised, supplemental or custom Engagement Letters may be necessary for certain instances.
Legal Disclaimer (Content)
Be sure to read the Terms of Service on this page, as they cover the terms and conditions that apply to your use of this website (the “Website,” or “Site”). Pacifico Tax may change the Terms of Service from time to time. By continuing to use the Site following such modifications, you agree to be bound by such modifications to the Terms of Service.
The information contained on this website, and other content published on third-party platforms, is for general guidance on matters of tax information only. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules, and regulations, and the inherent hazards of electronic communication, there may be delays, omissions, or inaccuracies in information contained on this website. Accordingly, The information on this website and other content-based websites are provided with the understanding that the authors and publishers are not herein engaged in rendering legal, accounting, tax, or other professional advice and services unless otherwise agreed upon. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal, or other competent advisers. Before making any decision or taking any action, you should consult a PacificoTax professional.
While we have made every attempt to ensure that the information contained in this website has been obtained from reliable sources, PacificoTax, is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information on this website is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose. In no event will PacificoTax, LLC, its related partnerships, corporations, individual contractors, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Outside Links
Certain links in this website connect to other websites maintained by third parties over whom PacificoTax, has no control. PacificoTax makes no representations as to the accuracy or any other aspect of information contained in other websites.
Privacy
PacificoTax, LLC is strongly committed to protecting the privacy of your personal information, and this privacy statement explains how PacificoTax, treats your personal information when you use this site. By using this site, engaging in our services and submitting any personal information and/or tax related information, you agree to the use by PacificoTax, (or “we”) of such data in accordance with this privacy statement.
Demographic information, including gender and occupation, is not actively sought but may be submitted when a visitor responds to an online job application. It is PacificoTax, ’s policy to limit the information collected to only the minimum information required to complete a visitor’s request. If a visitor believes the site has collected excessive information, we encourage the visitor to contact us to raise any concerns. In any instance where non-mandatory information is sought, the website visitor will be notified of this at the point of collection. Visitors are also able to send emails through the site. Their messages will contain the user’s name and email address, as well as any additional information the visitor may wish to include in the message.
When a client/visitor provides personal information to us, we use it for the purposes for which it was provided to us as stated at the point of collection (or as obvious from the context of collection). Examples of the types of use are given in the ‘Data Collection’ section above. We may also use your data to contact you with information about PacificoTax’s business, services and events, and other information which may be of interest to you. PacificoTax, LLC may also use your information in order to administer and manage the site or communicate with you about the site and our services. Our websites do not collect or compile personally identifying information for dissemination or sale to outside parties for consumer marketing purposes, or host mailings on behalf of third parties.
It is PacificoTax’s policy to disclose information to third parties under the following circumstances:
As required by applicable law, statute, rule, regulation or professional standard, or through subpoena, search warrant or other legal processes
For regulatory compliance purposes
When explicitly requested by a client/visitor
Or otherwise as set out in these statements
Third-Party Links
There are several places throughout www.pacifico.tax that may link to other websites that do not operate under PacificoTax’s privacy practices. When you link to other websites, PacificoTax, LLC’s privacy practices no longer apply. We encourage visitors to review each site’s privacy policy before disclosing any personally identifiable information.
Data retention
The personal data you submit to us will only be retained for as long as is required for the purposes for which it was collected. Contact information about visitors such as mailing list information is kept until a user unsubscribes to a publication or requests that we delete that information. Resumes are disposed of when they are either no longer under consideration or are considered dated by our Human Resources departments.
video content
The information published in video format is intended to afford general guidelines on matters of interest to taxpayers. The application and impact of tax laws can vary widely, from case to case, based on the specific or unique facts involved. Viewers are encouraged to consult with professional advisors for advice concerning specific matters before making any decision, and the author and publishers disclaim any responsibility for positions taken by taxpayers in their individual cases or for any misunderstanding on the part of viewers. While the publisher and authors have used their best efforts in preparing video and related content, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. Review each Limit of Liability and Disclaimer of Warranty claim of each published content for further detail.
Security
PacificoTax has implemented generally accepted standards of technology and operational security in order to protect personally identifiable information from loss, misuse, alteration or destruction. Only authorized PacificoTax personnel are provided access to personally identifiable information and these employees have agreed to maintain the confidentiality of this information.
Terms of Service (Website)
By using the www.pacifico.tax website (“Service”), or any services of PacificoTax, (“PacificoTax” or “we”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES, AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES, AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Please note that if you are accessing any PacificoTax service in your capacity as a government entity, there are special terms that may apply to you.
Violation of any of the terms below will result in the termination of your account or application if one exists. While PacificoTax prohibits such conduct and Content on the Service, you understand and agree that PacificoTax, cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.