Term of Service Agreement:
This is a contract entered into by LYFE Taxes, LLC. (hereinafter referred to as “us”, “we”, or “LYFE”) and the signer (hereinafter referred to as “You”, “Your”, or “Client”), when fully executed, shall confirm the material terms of the agreement with respect to the services to be performed on behalf of the Client. In consideration of the mutual promises made herein and for the good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to the following terms.
We will start preparing the service once 1st payment is recieved.
Terms of Service:
By using LYFE’s services, you agree to be bound by these terms. You represent and warrant that you have the authority to bind the undersigned individually and/or on behalf the undersigned company or other legal entity. Additionally, you unconditionally Guarantee to LYFE the full and prompt payment of any and all fees and expenses if any, payable by Client under this agreement, and hereby further guarantees the full and timely performance and observance of any and all of the covenants and terms therein provided to be performed and observed by Client. Client agrees to faithfully fulfill all such covenants and terms of this agreement, and shall forthwith pay to LYFE all damages that may arise or are incident to or in consequence of any default or breach by Client under this agreement, and/or by the enforcement of this agreement including without limitation, all attorneys’ fees, court costs, and other expenses and costs incurred by LYFE.
1. Client Obligations
You agree to subscribe to the services in this agreement. You agree to submit the necessary information to us in order to render service. You agree to submit the questionnaire, provide access to necessary accounts, provide accurate billing information, and provide approvals necessary for the us to perform the service as outlined in the service agreement. If you do not provide access, approval, or become unresponsive, you understand that we may not be able to provide service as described and that there are no refunds or credits due to your lack of doing so.
2. Client Approvals
You agree to provide the necessary clarity on transactions that we deem to be unclear within 5 business days of receipt. If we do not receive clarity on these transactions within 5 business days, you understand that we may place these transactions in an “Ask Client” account. You also understand that delaying clarification may delay or disrupt services to be provided. There will be no refunds or credits issued due to any delay, unresponsiveness, or failure to provide timely feedback for contracted services.
3. Provider Obligations
We agree to assign personnel with the capacity to render service to you. Our service includes all efforts to deliver the service according to the service agreement. Efforts may also include phone communication and email communication with you in regards to the deliverables in the service agreement. If you neglect or choose not to use a portion of the services listed in the service agreement, you understand there are no refunds or credits due to your lack of doing so.
Service communication is limited to the current scope of services in this agreement. We agree to communicate with you on an as-needed basis in regards to services that are being provided. We will communicate primarily via email, We will allow up to 1 hour per month to communicate with you on the phone about the status or progress of service. We are unable to advise on financial matters that are not related to the scope of the services in this agreement.
5. Cancellation of One-Time Services
All sales are final for one-time services and may not be cancelled after your start date.
6. Cancellation of Monthly Services
You must provide us with a 1 month notice for cancellations or downgrades. You must tell us you are cancelling before your next billing date. Once you tell us you are cancelling, your next payment will be your last payment. Service will continue for one (1) final month.
You are solely responsible for cancelling your subscription to our services. You must cancel your subscription by contacting your primary contact on your account via email. You understand that you are responsible for payment for the period of one full month after the current month once your notice was received.
7. Scope Pricing & Modifications
Pricing for services are subject to change based on complexity. LYFE reserves the right to modify pricing for agreed upon services. In the event of a price change, you will have the option to accept the price change or terminate future services without penalty. LYFE also reserves the right to terminate services at any time.
8. Collections of Amounts Owed
You agree to pay all costs of collection (including attorneys’ fees, costs, and other legal and collection fees) incurred by LYFE to collect any amounts owed under the terms of this contract. Any amounts not paid by you when due shall 1) incur late fees of $250.00 per month and 2) bear interest at the highest rate allowed under Georgia law pursuant to Add on the balance owed. You understand that (1) damages arising from a breach are difficult to accurately estimate, (2) the parties intend for this provision to function as “liquidated damages” and/or as “compensation” rather than as a penalty to deter, and (3) despite the difficulty in estimation, the liquidated damages constitute a reasonable pre-estimate. This is not a penalty, but a reasonable amount of liquidated damages to compensate us for the inconvenience of not receiving prompt payment.
9. Non-Disclosure & Confidentiality
The Client acknowledges that in the course of the LYFE’s services under this Agreement, LYFE will disclose proprietary and confidential information of a special and unique nature and value, including such matters as, but not limited to, LYFE’s business operations, internal structure and financial affairs. You agree not disclose either directly or indirectly, communicate, publish, disclose, divulge, or use, or authorize anyone else to communicate, publish, disclose, divulge, or use, for the benefit of himself or herself or any other Person, any Confidential Information. This includes, but not limited to, our proposals, contracts, services, strategies, processes, systems, reports, outcomes, and staff associated with your account, whether tangible or intangible. Any violation of this clause will result in a fine of $1000.00 per occurrence, per day, up to $10,000.00. You understand that (1) damages arising from a breach are difficult to accurately estimate, (2) the parties intend for this provision to function as “liquidated damages” and/or as “compensation” rather than as a penalty to deter, and (3) despite the difficulty in estimation, the liquidated damages constitute a reasonable pre-estimate. This is not a penalty, but a reasonable amount of liquidated damages to compensate us for the breach of the non-disclosure covenant.
At any time during the term of or following termination thereof, the parties hereto agree that the other will not undertake any disparaging or harassing conduct directed at, or making any disparaging statements about the other, any of the other’s representatives, or disparaging remarks made about the services performed hereunder. The parties agree to not disparage, defame, or denigrate the reputation, character, image, or services of the parties before, during, or after the contract term. Both parties agree to not, except as may be required by law, issue any statement to disparage either company. Further, you understand that the Consumer Review Fairness Act (CRFA) does not apply to business to business agreements, only individual consumers to business agreements. Any violation or threatened violation of this covenant will result in a fine of $1000.00 per occurrence, per day, up to $10,000.00. You understand that (1) damages arising from a breach are difficult to accurately estimate, (2) the parties intend for this provision to function as “liquidated damages” and/or as “compensation” rather than as a penalty to deter, and (3) despite the difficulty in estimation, the liquidated damages constitute a reasonable pre-estimate. This is not a penalty, but a reasonable amount of liquidated damages to compensate us for the breach of the non-disparagement covenant.
During the contract term, and for a period of 6 months after termination, you agree to not solicit
employment or accept services from our employees outside of this agreement. You agree to not
1) induce or attempt to induce any employee of our company to leave the company and 2) not
employ or engage any employee of our company as an employee or independent contractor.
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Georgia (without regard to any conflict of laws principles). All actions, suits and proceedings arising out of or in connection with this Agreement shall be brought in the courts of Fulton County, State of Georgia, which shall be the exclusive forum therefor. The parties to this Agreement irrevocably submit to the in personam jurisdiction and process of the courts in the State of Georgia and further agree that service by certified mail to their business addresses shall constitute sufficient service of process.
You agree that LYFE has made no guarantees regarding the outcome of any part of the services provided by LYFE. We make no guarantees to the outcomes or results of services in this agreement. We provide all services on an “as is” basis without any warranty or assurance of any kind. We shall not be responsible for any lost profit or lost revenues. If services are interrupted or delayed, we will restore or provide such services as soon as practicable. We shall not be responsible for any consequential, indirect, incidental, or punitive damages. In the event your financial statements, tax returns, or other financial data are selected for examination by any government agency, we may provide you financial statements that were prepared by us for a period up to 7 years. We are not required to provide further assistance in the event of an IRS audit and are not liable for the outcome of an IRS audit.
14. Relationship of the Parties
This Agreement shall not be construed to create a partnership, joint venture, or employer-employee relationship between the parties. It is specifically understood that LYFE is acting hereunder as an independent contractor.
The parties agree that to the extent that any provision or portion of this Agreement shall be held, found or deemed to be unlawful or unenforceable by a court of competent jurisdiction, then any such provision or portion shall be deemed to be modified to the extent necessary in order that any such provision or portion shall be legally enforceable to the fullest extent permitted by applicable law. As a breach or threatened breach by the Client of the provisions of this Agreement would cause irreparable injury to LYFE, and there is no adequate remedy at law for such violation, LYFE shall have the right, in addition to any and all other remedies available at law or in equity, to enjoin the Client in a court of equity from violating such provisions; without limiting the generality of the foregoing provisions, the Company shall have the right in any such proceedings to damages, which shall include, but not limited to, monetary damages to compensate the Company for any and all damages sustained by the Company as a result of any such breach or threatened breach by the Client, including, but not limited to, any and all lost profits.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS SERVICES AGREEMENT AND UNDERSTAND ALL OF ITS TERMS, INCLUDING THE COVENANTS SET FORTH ABOVE.