TERMS OF SERVICE
Last Update: September 27, 2022
ACCEPTANCE
These Terms of Use (the “Terms”) govern your visits to danielleecpa.com (the “Platform”). Daniel Lee CPA PC (“we,” “us,” or “our”) owns and operates this Platform through which users that seek accounting-related services can connect with third-party tax experts, which in turn provide these services as independent contractors who are not affiliated with us. Our role is limited to providing technology that connects users. We do not vouch for any particular tax professional and are not liable for their performance.
The term "you" refers to any user of the Platform. These Terms have a force of a legally binding agreement, even if you are simply browsing without intention to contact us or register an account. Privacy Policy is another important document that you should familiarize yourself with because it describes our practices with respect to your personal information. You cannot visit the Platform if you do not agree to these Terms or the Privacy Policy. Sometimes we modify these Terms. We don’t notify users about every change to the Terms but you can see the date of the last update at the top of this page. If you still wish to visit the Platform after said date, that constitutes your agreement to the updates.
NEUTRAL VENUE, THIRD-PARTY TAX PROFESSIONALS
Description. We provide technology to connect third-party tax professionals to users who need tax preparation, filing, accounting outsourcing, fractional CFO, consulting, and accounting-related services where the client receives the needed service at either a fixed or customized price, depending on what better benefits the client. OUR COMPANY IS NOT THE ONE PROVIDING PROFESSIONAL SERVICES; OUR PLATFORM IS JUST A REFERRAL SERVICE TECHNOLOGY THAT CONNECTS USERS TO EACH OTHER. WE ARE NOT LIABLE FOR USERS’ INTERACTIONS, TRANSACTIONS, DATA, WORK PRODUCT, PRIVACY PRACTICES AND LEGAL COMPLIANCE. THIRD-PARTY TAX PROFESSIONALS ARE INDEPENDENT CONTRACTORS. THIRD-PARTY TAX PROFESSIONALS' REPRESENTATIONS AND OPINIONS ARE NOT BINDING ON US. THIRD-PARTY TAX PROFESSIONALS ARE NOT OUR EMPLOYEES OR AGENTS AND DO NOT ACT ON OUR BEHALF. THEY MAY ACCEPT OR REJECT WORK REFERRED BY US AT THEIR SOLE DISCRETION AND MAY COMPLETE ANY ACCEPTED WORK IN THE MANNER THEY DEEM MOST APPROPRIATE WITHOUT ANY DIRECTION FROM US.
No Professional Advice. Nothing on our Platform constitutes accounting, tax, legal, career or any other type of professional advice on our part. Your use of the Platform does not form an attorney-client, employer-employee or any other professional relationship between you and us. If you engage anybody listed on our Platform, we are not a party to your interactions and transactions. Tax professionals are third-party independent contractors.
Interactive Features. This Platform includes interactive features that allow users to communicate with us and each other. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using any our Platform’s interactive features does not constitute specific advice and should not be relied upon without further competent independent confirmation.
DRIVING. DO NOT USE THE PLATFORM IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS.
INTELLECTUAL PROPERTY
Our Intellectual Property. We and our content suppliers own all intellectual property rights in our Platform contents, logos, trademarks (whether registered or unregistered) and data. Our IP rights are protected by U.S. law and international IP conventions. By using our Platform you do not acquire any of our IP rights. Nevertheless, you can view and print out this Platform’s content for personal use. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us.
Your Submissions. We do not claim ownership rights over your content. What’s yours remains yours. However, if you upload any content to the public areas of our Platform, you state that: (i) you have all necessary rights to that content, and (ii) we can display, transmit, modify and distribute this content without compensation to you. We can use and implement any feedback that you voluntarily provide, without compensation to you.
Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Platform and we will investigate. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://outsourcing.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our Platform if such claims are reported to [email protected]. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:
Identify the copyrighted work that you claim has been infringed.
Identify the material or link you claim is infringing.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of your report:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”
“I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
ACCEPTABLE USE POLICY
By visiting this Platform, you represent and agree that:
You have a full capacity to enter into a legally binding agreement, such as these Terms.
You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.
You will not use our Platform in connection with any sexually explicit material, illegal drugs, promotion of alcohol to persons under 21 years of age, pirated computer programs, viruses or other harmful code, disclosure of anyone's private information without consent, pyramid schemes, multilevel-marketing, "get rich quick" offerings, encouragement of violence.
You will ask for our permission before copying anything from our Platform for republication.
You will not use our Platform for anything illegal.
We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Platform.
You will not impede the proper functioning of the Platform.
CONFIDENTIALITY
You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.
TERMS FOR CUSTOMERS ONLY
This Section applies to our paying customers only.
Workflow:
Our Platforms will ask you for information (referred to as "Onboarding Information") regarding the tax preparation, filing, and/or accounting-related services and/or deliverables that. You wish to have referred to a third-party tax professional (referred to as the "engagement") for completion. Based on the information provided by you, which we will rely on in the event that it is timely, thorough, and accurate, we will provide Daniel Lee CPA PC customers and Daniel Lee CPA PC outsourcing customers with an upfront estimate of the cost for the engagement and any applicable fees for the work Request. The third-party tax professional may be unable to finish the job, incur extra fees, and be forced to stop providing services and cancel any pending work requests or further engagements if timely, correct, and full information is not provided. Your work request will be referred to and routed to third-party tax professionals via the Daniel Lee CPA PC Platform or Daniel Lee CPA PC outsourcing Platform. The Daniel Lee CPA PC and Daniel Lee CPA PC outsourcing platforms are only referral services, and we will retain a referral fee from any transactions carried out via these platforms.
The capacity and demand for third-party tax professionals will determine their availability, which is subject to change without prior notice.
We do not vouch for the quality of work provided by third party professionals. Our role is limited to providing technology to connect users, we are not a party to your interactions and we do not endorse any particular professional listed on our Platform. Third-party tax experts are independent contractors, not our employees or agents. Third-party tax professionals are free to accept or reject the work we refer at their sole and absolute discretion. They are also free to do any accepted work at their own pace, in the way they see fit, and according to their own preferences.
Fees and Payment:
The projected pricing for your usage of the Services ("Service Amount") and any fees ("Fees" or "Service Fees") are based on the information you give and convey before a third-party tax professional accepts your engagement. Your projected price for using the Services and associated fees may include a Daniel Lee CPA PC outsourcing customer's quotation. Costs include any fees announced throughout the onboarding process and before submitting your work request, as well as any fees disclosed and agreed to by you during your usage of the services. Our discretion determines fees, which may be nonrefundable.
Your service amount is subject to change, including during preparation of the documents comprising your work and after completion of the work, depending on several factors, including your third-party tax professional reasonably requests a price increase based on unforeseeable circumstances within the engagement or your engagement requires more work than previously anticipated based on new information provided by you after the Session.
You may have to pay others for using the Services. Your mobile or Internet service provider may charge fees for data transfers and/or other costs for using your device with the Services. You must understand and pay all fees.
Cancellation Policy:
If you request a cancellation of services before any work has been started, you are eligible for a full refund minus a $15 processing fee.
If you request a cancellation of services after work has started the cancelation fee will be a percentage of the work completed. For example, if 50% of the work is completed, your cancellation fee will be 50% of the price. If the work is not completely finished, the return will not be uploaded or filed. No partially completed work will be provided if the you cancel.
TERMS FOR THIRD-PARTY TAX PROFESSIONALS ONLY
This Section applies to third-party tax professionals only. You agree to the following for each engagement you accept and fulfill for the estimated payment:
Perform the work in a professional, timely, and correct manner consistent with these terms for the Daniel Lee CPA PC customer of Daniel Lee CPA PC outsourcing customer as your customer ("client");
Prepare any forms, schedules, and other documentation your client needs to complete the engagement, as decided by you as an independent third-party tax professional;
Do not solicit or attempt to solicit the business of any Daniel Lee CPA PC customer or Daniel Lee CPA PC outsourcing customer or the client of any Daniel Lee CPA PC outsourcing customer.
You represent and warrant that you are fully authorized and empowered to accept and honor these Terms, and that the performance of the obligations under these Terms will not violate any third-party rights.
Confidentiality. You agree to keep Daniel Lee CPA PC outsourcing work requests and engagements confidential and not disclose them to the public, the customer's client, or anyone else. You acknowledge and agree that Daniel Lee CPA PC's and the Daniel Lee CPA PC outsourcing customer's (third-party beneficiaries of this provision) legal remedies will be inadequate in the event of your breach (whether actual, implied or threatened) of this provision. Accordingly, you acknowledge and agree that in such event, Daniel Lee CPA PC and/or the Daniel Lee CPA PC outsourcing customer shall have the right to specific performance and/or injunctive relief without showing any actual damage to Daniel Lee CPA PC and/or the Daniel Lee CPA PC outsourcing customer or.
You are not a Daniel Lee CPA PC employee or agent and have no authority to act on Daniel Lee CPA PC's behalf or present yourself as such. You are free to accept or reject Daniel Lee CPA PC-referred work. Your client will rely solely on your professional opinion for representations and work.
You shall inform your client through the Daniel Lee CPA PC Platform when all tax papers for the engagement are complete and offer them for inspection and approval. Your client will then be required to provide an electronic signature, where applicable, to indicate that they have reviewed and accepted your documents and to grant or execute any authorizations you may require to electronically file your client's tax documents with the appropriate federal and/or state taxing authority. If your client doesn't qualify for electronic filing, they may print and send their completed return. If your client chooses or is forced to file via paper, you must provide instructions and confirm filing. After your client signs and accepts your completed Work and provides You with your quested authorizations via the Daniel Lee CPA PC Platform, you will convert the finalized, executed documents to and store them in the appropriate format to transmit to or e-file with the applicable federal and/or state taxing authority. You know that certain states don't allow e-filing. Some states may compel you to e-file your client's state and federal tax returns. You understand and agree that Daniel Lee CPA PC cannot guarantee the performance of the Internet or any third party or third-party system or that, once transmitted, the applicable revenue authority will receive, accept or process the documents you have prepared (e.g., due to failures of the Internet or the revenue authority computer systems or networks, due to You or your client entering incorrect contact or identifying information, or any other reason beyond Daniel Lee CPA PC's control). Daniel Lee CPA PC's sole responsibility with respect to e-filing your client's tax return is to use commercially reasonable efforts to transmit your client's tax return electronically to you. You will perform the electronic filing of your client's return and use commercially reasonable efforts to transmit your client's tax returns electronically to the applicable revenue authorities if your client selects and qualifies for e-filing.
Cancellation Policy. If your client requests to cancel these Services ("cancelation request"), You may only be entitled to receive a portion payment for the engagement or engagement, which varies based on when the cancelation request is submitted. Daniel Lee CPA PC's sole and absolute discretion will decide a partial payment.
BREACH OF THESE TERMS
If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Platform; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
EVERYTHING WE PROVIDE ON THIS PLATFORM IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS PLATFORM. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE. IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED THE FEES RECEIVED FROM YOU.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless us, our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
ARBITRATION; CLASS ACTION WAIVER
Arbitration. Any controversy or claim arising out of or relating to these Terms, Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The arbitration shall be governed by the laws of the State of California. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You understand that this Section means that, by using the Platform, you agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial.Class Action Waiver. You acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and us otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
GENERAL
Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
Force Majeure. We will not be liable for failure to perform any obligations to the extent that the failure is caused by a Force Majeure event such as, without limitation, act of God, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, acts or regulations of national or local governments.
Hyperlinks. Linking to our Platform is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.
CONTACT US
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