Tax Daddy (“Firm” or “Us” or “We”) is pleased to provide this Fixed Price Service Terms and Conditions to (“Client” or “You”). This Terms and Conditions explains our Fixed Price Service Model, what is included, what is not included, billing procedures, and our terms of service with regard to the program. After your review of this Terms and Conditions, please feel free to contact us with any questions or clarification regarding this Terms and Conditions. If acceptable, please electronically sign this document and return it to sales@peterholtzcpa. Upon Your signature, this Terms and Conditions shall become the binding Agreement between Client and Tax Daddy for the services and terms identified in this document.

Terms of Service

The proposed services and pricing mentioned in Sections 1 and 2 are offered subject to the following Terms of Service. Your signature below shall serve as an agreement to these Terms of Service, and this Terms and Conditions shall become a binding Agreement between Client and Tax Daddy ("Agreement").

A. REQUESTS OUTSIDE THE SCOPE OF SERVICES

While Your Fixed Price Service entitles You to unlimited communication with Us, if Your question or issue requires additional research or analysis beyond the scope of services outlined in this Agreement, any additional work will be quoted to You before commencement. Once the scope of the additional work is agreed upon, Tax Daddy will issue a Change of Service Request via our online Terms and Conditions system. Your signature will be required to authorize the additional work before services are provided.

In cases where pricing for a specific service (e.g., tax preparation) cannot be determined without reviewing Your records and documents, We will provide You with a minimum fee estimate. After assessing Your records, We will provide a good-faith estimate of the final cost of the service.

Under certain circumstances, Tax Daddy may require Your requested services to be handled on an hourly basis. Such circumstances may include, but are not limited to, situations where:

1. The scope of work is novel or unique.
2. The scope of work is difficult to define.
3. The requested service depends on cooperation from third-party individuals or entities (e.g., tax resolution).

B. BILLING PROCEDURES AND PAYMENT TERMS

All recurring services will be billed on a weekly basis, and an invoice will be issued to the Client. Payment is expected upon receipt of the invoice. On the day following the issuance of the invoice, You authorize Us to process the payment via Automatic Clearing House ("ACH") in accordance with Section 3H of this Agreement.

For non-recurring services, we will provide an upfront price range. Upon completion of the service, an invoice for the final amount will be issued, which is also due upon receipt.

Payments made by credit card will incur a 3% service charge on the total amount. Payments made through ACH will not incur any additional fees.

Overdue or delinquent balances owed to Tax Daddy by the Client will accrue a finance charge of 1.5% per month. If arbitration becomes necessary to collect unpaid amounts, the Client agrees to reimburse Tax Daddy for reasonable attorney’s fees and associated arbitration costs.

Tax Daddy reserves the right to revise the availability or pricing of services included in this Agreement once per year. Clients will receive a minimum of thirty (30) days' advance written notice of any such changes. At that time, the Client may either accept the changes through a Change of Service Request or terminate the Agreement.

C. OWNERSHIP OF DOCUMENTS/RECORDS

The Client retains ownership of its books, records, or other data, whether in physical or digital form, as provided to Tax Daddy, and as defined under applicable regulations, including Title 16, California Code of Regulations §68.

Tax Daddy retains ownership of all working papers created during the course of our engagements. "Working Papers" refer to records documenting the procedures performed, tests conducted, and conclusions reached during audits, reviews, tax services, or other engagements. These may include, but are not limited to, programs, analyses, memoranda, confirmation letters, abstracts, schedules, or related documents prepared or obtained by Us. Working papers can exist in various forms, such as handwritten notes, typed documents, printed materials, digital files, photographs, or other mediums, in compliance with Title 16, California Code of Regulations §68.1(a).

D. CLIENT RESPONSIBILITIES

The Client agrees to keep Tax Daddy informed of any changes that may impact the services provided under this Agreement. The Client will respond to our inquiries in a timely manner and must not withhold relevant information or knowingly provide false or misleading details. The Client represents and warrants that all information shared with Tax Daddy is accurate, reliable, and complete to the best of their knowledge. Additionally, the Client will ensure that Tax Daddy has reasonable access to necessary individuals and documents to perform the agreed-upon services effectively.

E. CONFIDENTIALITY / NON-DISCLOSURE

The relationship between Tax Daddy and the Client is built on mutual trust and confidence. In compliance with Title 16, California Code of Regulation §54.1, Tax Daddy will not disclose the Client’s confidential information without prior written consent, except as permitted under §54.1(a)(1)-(7).

F. DESIGNATION OF CLIENT CONTACT(S)

The Client will designate one or more authorized representatives for communication regarding services under this Agreement. The Client must provide Tax Daddy with the names, phone numbers, and email addresses of the designated contacts and keep this information current. The Client expressly authorizes Tax Daddy to communicate with these contacts via the provided email addresses and phone numbers and to exchange necessary information with them as part of the service delivery process.

G. ELECTRONIC COMMUNICATION WITH CLIENT CONTACTS

These terms govern the use of electronic mail ("email") and Short Messaging Service ("SMS") text messages exchanged between You and Tax Daddy. Communication may include both one-time and recurring messages.

By providing Your email address and mobile phone number, You explicitly consent to receiving messages related to Your account and services from Tax Daddy. The timing, frequency, and content of these messages may vary based on Your activity and preferences. Tax Daddy reserves the right to modify, suspend, or discontinue these communications at any time without notice.

Message and data rates may apply, as determined by Your wireless carrier or internet provider. Delivery of messages may be impacted by factors outside Tax Daddy's control, including equipment issues, network interruptions, or environmental conditions such as weather or terrain. Tax Daddy does not guarantee timely delivery of messages and is not liable for delays, missed, or undelivered communications.

YOU AGREE THAT YOUR USE OF AND ACCESS TO THE MESSAGES ARE AT YOUR SOLE RISK. THE MESSAGES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TAX DADDY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED RELATED TO THE MESSAGES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE.

TAX DADDY DOES NOT REPRESENT OR WARRANT THAT THE MESSAGES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF AND ACCESS TO THE MESSAGES WILL BE UNINTERRUPTED, ERROR-FREE OR INSTANTANEOUS, OR THAT DEFECTS IN THE MESSAGES CAN OR WILL BE CORRECTED.

IN NO EVENT SHALL TAX DADDY BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS, REVENUES, OR OTHER FINANCIAL LOSSES OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.

TAX DADDY SHALL NOT BE LIABLE IF THE MESSAGES (OR ANY PART THEREOF) CANNOT BE PROVIDED OR FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS CONTAINED IN THIS AGREEMENT DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY EQUIPMENT, TRANSMISSION OR DELIVERY PROBLEMS, OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.

H. AUTHORIZATION FOR ACH PAYMENTS

You hereby authorize Peter Holtz CPA, Inc. to deduct funds at the financial institution listed below to pay Peter Holtz CPA Inc. for services provided via Automated Clearing House (“ACH”) payment. You understand that this authorization will be in effect until you notify Peter Holtz CPA, Inc. in writing that You no longer authorize the deductions. In such event, all outstanding balances owed to Peter Holtz CPA, Inc. by you shall become immediately due and payable. Should any ACH deduction be declined for insufficient funds, you agree to pay Peter Holtz CPA Inc. an insufficient funds fee of $25.00 for each ACH deduction that is declined.

I. TERMINATION

Upon termination of this Agreement, all fees owed to Tax Daddy shall be immediately due and payable. The Client authorizes Tax Daddy to process a final ACH payment to settle any outstanding balances at the time of termination.

Upon written request, Tax Daddy will return all of the Client’s books, records, and other data, whether in written or digital form, in compliance with Title 16, California Code of Regulations §68. Tax Daddy retains the right, but not the obligation, to keep copies of these materials for its records.

The Client acknowledges that working papers created or developed by Tax Daddy during the course of providing services remain the property of Tax Daddy. However, if such working papers contain information that forms part of the Client’s books and records and is not otherwise available to the Client, those documents will be made accessible as required by Title 16, California Code of Regulations §68.

J. INDEMNITY

To the maximum extent allowed by law, the Client agrees to indemnify, defend, and hold harmless Tax Daddy, its officers, directors, shareholders, employees, agents, and insurers from any claims, demands, liabilities, judgments, actions, awards, fines, penalties, or costs, including reasonable attorney’s fees, arising out of or relating to the Client’s negligence, intentional misconduct, breach of this Agreement, or any representation or warranty provided by the Client in this Agreement. This indemnification obligation shall survive the termination of this Agreement.

K. ALTERNATIVE DISPUTE RESOLUTION

Any dispute arising out of or related to this Agreement shall first be addressed through non-binding mediation and negotiation by executives with authority to resolve the issue. Either Party may provide written notice of a dispute unresolved through ordinary business discussions.

If mediation and good-faith negotiations fail to resolve the matter, the dispute shall proceed to binding arbitration. Any arbitration will be conducted in Sacramento, California, before a single arbitrator with at least ten (10) years of active practice in tax law.

The arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitrator’s award may be entered in any court with appropriate jurisdiction. This provision does not limit either Party from seeking provisional remedies in court to aid the arbitration process.

This Agreement is governed by the laws of the State of California, excluding its conflict-of-law principles.

In any arbitration, the arbitrator shall not have the authority to award punitive or exemplary damages, except as permitted by statute, and the Parties waive any right to seek such damages. Additionally, the arbitrator shall award the prevailing Party reasonable attorneys’ fees and costs incurred in connection with the arbitration.

L. CHOICE OF LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict-of-law rules.

M. SEVERABILITY

If any provision of this Agreement is deemed invalid or unenforceable by a court or arbitrator with proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

N. COUNTERPARTS

This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement, and shall become effective when one or more counterparts have been signed by each party and delivered to the other party, it being understood that all parties need not sign the same counterpart. Executed counterparts of this Agreement may be delivered by facsimile transmission or by delivery of a scanned counterpart in portable document format (“PDF”) by e-mail, in either case with delivery confirmed. On such confirmed delivery, the signatures in the facsimile or PDF data file shall be deemed to have the same force and effect as if the manually signed counterpart has been delivered to the other party in person

O. WAIVER

The failure of either Party to enforce any provision of this Agreement shall not be deemed a waiver of that provision or any other provision. A waiver of any breach or provision shall not constitute a waiver of any subsequent breach or provision.

P. ENTIRE AGREEMENT

This Agreement represents the complete understanding between the Parties regarding its subject matter. No prior or contemporaneous agreements, promises, or representations, written or oral, are part of this Agreement unless expressly stated herein

Q. CONFIDENTIALITY

The terms of this Agreement, including pricing, shall remain confidential between the Parties. Neither Party shall disclose the terms of this Agreement to any third party without prior written consent, except as required by law or valid subpoena.

ACKNOWLEDGEMENT AND ACCEPTANCE

By affixing my digital signature to these Terms and Conditions, I accept all terms and conditions set forth herein and ACKNOWLEDGE THAT THIS DOCUMENT CONSTITUTES A BINDING AGREEMENT BETWEEN CLIENT AND TAX DADDY.