Thank you for your interest in becoming a MoneySmarts Subscriber.
To complete the setup process simply read and agree to the Tax Preparation
Service Agreement below, provide primary and additional user information for
those accessing your MoneySmarts account and complete the process by providing
Upon submission you will be emailed confirmation along with an email copy
of your Tax Preparation Service Agreement and will be contacted by a member
of the MoneySmarts team.
Step 1: Read and sign the Tax Preparation Service Agreement below.Step
2: Complete Primary User Information and provide any additional user information
for others accessing your MoneySmarts account.
3: Enter your payment information.
1. Services: J. T. Hicks & Company, PA (the "Provider")
shall provide various services to the Financial Advisor (the “Subscriber”)
for tax preparation, consulting and representation as requested by the Subscriber.
The Subscriber agrees to facilitate the workflow process and payment of fees
for each tax preparation/analysis request via the Provider’s secure web portal
and other resources available on the Provider’s website. The services provided
are for the sole use of the Subscriber. Services are paid for by the Subscriber
individually as used. The Provider may offer additional services from time
to time as such additional services are developed and any such additional
services shall be incorporated by reference into this agreement.
2. Payment: Unless otherwise stated in an attachment for a particular
service, the Subscriber shall pay the Provider fees which are invoiced by project.
Notwithstanding any provisions in this agreement or attachments to the contrary,
the Subscriber’s obligations hereunder are conditioned upon the Subscriber's
fulfillment of its payment obligation to the Provider. All fees hereunder shall
be denominated in US dollars and shall be paid by credit card via the Provider’s
website. The Subscriber shall also be responsible for and shall pay any applicable
sales, use or other taxes or duties, tariffs or the like applicable to provisions
of the services. All payments hereunder shall be made without deduction for withholding
taxes. Late payments by the Subscriber shall be subject to late fees at the rate
of 1&1/2 percent (1.5%) per month or, if lower, the maximum rate allowed by law.
If the Subscriber fails to pay fees invoiced by the Provider within five (5)
business days following the payment due date, the Provider shall have the right
to suspend access to the Provider’s secure web portal without notice to the Subscriber.
The access and/or services shall, at the sole discretion of the Provider not
be reinstated until Subscriber pays all such overdue amounts and any additional
reinstatement fee. If the Subscriber disputes the terms of a invoice in good
faith, the Subscriber must raise such dispute with the Provider within 60 days
of its receipt of such invoice or the Subscriber's right to dispute such invoice
shall be waived. At no time may the Subscriber withhold payment of fees that
are not subject to a good-faith dispute between the parties. In addition, company
agrees to pay reasonable attorneys fees and/or reasonable collection costs incurred
by the Provider in collecting any past-due undisputed amounts from the Subscriber.
3. Term: This agreement shall commence as of the agreement effective date with a term of one year.
4. Termination: At any time during the term of this agreement, the Provider and the Subscriber shall have the right to terminate the agreement, without cause, with 30 days advance written notice.
5. Representations and Warranties: The Provider warrants and represents at all times that it is qualified and has the right and full power and authority to enter into this agreement and each attachment, and it is duly organized and validly existing and in good standing of the laws of the state of its incorporation or formation. The Provider makes no representation and provides no warranty that the services are suitable for the Subscriber's purpose and the Provider makes no representation and provides no warranty regarding the performance or availability of the services.
6. Disclaimer and Limitation and Exclusion of Liability: Except as expressly provided above or in an attachment, Provider makes no warranties of any kind, whether express or implied, including any implied warranty of merchantability or fitness of the service hereunder for a particular purpose or noninfringement. The Provider shall not be liable for any loss, cost, damage or expense or liability (including counsel fees) incurred by the Subscriber in connection with the Subscriber’s participation in the service. The Provider shall not be liable to the Subscriber or any third-party for any unavailability or inoperability of the network services, telecommunications systems or the internet, technical malfunction, computer error, corruption or loss of information, or other injury, damage or disruption of any kind. In no event will the Provider be liable for any indirect, incidental, consequential, special or exemplary damages, including but not limited to, loss of profits, or loss of business opportunity, even if such damages are foreseeable and whether or not such party has been advised of the possibility thereof. Notwithstanding any role which the Provider may perform in the facilitation of services and the collection of fees, it is hereby expressly agree to the Provider shall have no liability whatsoever under this agreement for the tax services performed, such tax services being provided to the clients of the company is individual and unique commercial transactions made between the Provider and individual clients of the Subscriber.
7. Confidentiality: The terms of this agreement and each attachment and all information and data that the Provider has received or will receive from the Subscriber are proprietary and confidential information, including without limitation any information that is marked as confidential or should be reasonably understood to be confidential or proprietary to either party and any reference manuals compiled or provided hereunder. The Provider and Subscriber agree that during the term of this agreement and for five years thereafter, both parties will not disclose any confidential information to any third party, nor use any confidential information for any purpose not permitted under this agreement or an attachment. The nondisclosure obligations set forth in this section shall not apply to information that is generally available to the public (other than through breach of this agreement) or was already lawfully in either party's possession at the time of the receipt of the information.
8. Independent Contractor Status/Sub-contractors: Each party shall be an act hereunder as an independent contractor and not as a partner, joint venture or agent of the other. The
Subscriber shall remain fully liable for the acts or omissions of any client, subcontractor, consultant, third-party service Provider and/or an agent engaged by the Subscriber in connection with the Subscriber's use of the services.
9. Modifications and Waivers: This agreement and each attachment, which includes the terms and conditions of this agreement by reference, represents the entire understanding between the Provider and the Subscriber and supersedes all prior agreements relating to the subject matter of such attachment. No failure or delay on the part of either party in exercising any right, power or remedy under this agreement or an attachment shall operate as a waiver, nor shall any single or partial exercise of any such right, power or remedy preclude any other for further exercise of any other right, power or remedy. Unless otherwise specified, any amendment, supplement or modification of work to any provision of this agreement or an attachment, and a waiver of any provision of this agreement or an attachment and any consent to any departure by the parties from the terms of this agreement or an attachment shall be effective only if it is made or given in writing and signed by both parties.
10. Assignment: This agreement, all attachments, and all rights granted hereunder are not transferable or assignable without the prior written consent of the non-assigning party; provided, however, that this agreement together with any and all attachments may be assigned by the Provider without the other party's written consent, (a) to a person or entity who acquires, by sale, merger or otherwise, all or substantially all of such parties assets, stock or business, (b) to a person or entity who acquires by sale, merger or otherwise, all or substantially all of the assets or business of the Provider's business unit that provides the services and (c) to an affiliate of the assigning party. Notwithstanding the foregoing, in no event may the Subscriber assign this agreement to a direct competitor of the Provider without Provider’s prior written consent. Subject to the foregoing, this agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
11. Applicable Law and Conflicts: This agreement and each attachment shall be governed by the laws of the State of Maine, without reference to its conflict of laws, rules or principles. The jurisdiction and venue for all disputes hereunder shall be the state and federal courts of the City of Bangor, State of Maine. In the event of a conflict between the terms and conditions of the agreement and the terms and conditions of any attachment, the terms and conditions of the agreement shall govern.
12. General: Any provision of this agreement or an attachment which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdictions, be an effective only to the minimum extent necessary without invalidating the remaining provisions of this agreement or such attachment or affecting the validity or enforceability of such provisions in any other jurisdiction. No failure or omission by either party in the performance of any obligation of this agreement or an attachment shall be deemed a breach of this agreement or such attachment nor create any liability at the same shall arise from any cause or causes beyond the reasonable control of such party, including but not limited to the following: acts of God, acts or omissions of any government or any officer,
department, agency or instrument thereof; fire, storm, flood, earthquake, accident, acts of the public enemy, war, rebellion, failure of telecommunications services, public utilities or an internet brownout, insurrection, riot, invasion, strikes, or lockouts. All notices, demands and any other communications provided were permitted under this agreement for an attachment shall be made in writing to the parties at the address on the agreement and shall be sent by registered or certified first-class mail return receipt requested courier service or personal delivery shall be deemed received upon delivery.
13. Subscription Fee: $2,495.00 annually, non-refundable.
General terms and conditions are hereby agreed:
By entering your initials and date above and submitting payment your are agreeing to the terms and conditions as set forth above.
Your subscription fee of $2,495.00 will appear on your credit card statement as JT Hicks and Associates.