PLEASE READ THE FOLLOWING TERMS AND POLICIES CAREFULLY. WHEN YOU USE OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND POLICIES.
BACK OFFICE DESK LLC TERMS OF SERVICE
These Terms of Service are hereby effective on January 1, 2018 and will apply to the website that you are visiting, www.backofficedesk.com (the "Website"), which is owned by Back Office Desk LLC (the "Company", "we", "us" and "our").
General Terms of Engagement:
If you signed up as our customer, or engaged us for any of our services like accounting, bookkeeping, payroll, tax advisory, business compliance, or engaged us for the preparation of your tax return (collectively being referred as the “Professional Services”) or any other work we had offered you, following are the Terms of Engagement, as applicable, to the service we will be providing you. At times we may also provide you an additional written Engagement Letter or Consent of any kind related to a particular work. In case we did not provide you a separate Engagement Letter, then following terms will be applied as applicable.
None of the services being offered under are being guaranteed and we have a right to add or remove any of the offered service(s) with or without any notice.
Any service and/or information we will provide you under your subscription will be without any warranty or guarantee. We are not a law firm or a substitute for an attorney or law firm. Any advice we provide is always general and top level advice and must not be considered a legal advice. We do not and cannot provide any kind of legal advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. We help you with your back office work and also provide general tips that can help you with your accounting, compliance, tax savings and other such services. We do not guarantee any tax or other savings and it all depends on your circumstances and how you act on those tips. For any retirement or investment tips, if provided, we do not work in the capacity as your investment adviser or consultant. To ensure compliance with requirements imposed by the IRS, Back Office Desk LLC informs you that any U.S. federal tax advice contained in our website or in our written or verbal communication with you is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein; for IRS audit, tax disputes or other purposes. In case you incurred a direct or indirect loss of any sort by following our advice, we will not be responsible or liable for any such direct or indirect losses.
If you also engaged us, verbally or in writing, to provide you any Professional Services or specifically to prepare your tax returns, we will provide you services or prepare your agreed federal and/or state income tax returns using information you have provided or will provide to us. We may ask for clarification of some items, but we will not audit or otherwise verify the data you submit. We’ve either already provided you or will provide you an “Organizer”, as needed, to help you gather the information required for a complete return. If you use the Organizer, it will help you avoid overlooking important information and contribute to efficient preparation of your returns. That helps keep the cost of our services as low as possible. Even if we did not provide you an Organizer, it is your responsibility to provide us all the relevant information to help us provide you Professional Services.
It is your responsibility to provide information required for Professional Services and for the preparation of complete and accurate returns. You should keep all documents, canceled checks and other data that support your reported income and deductions. They may be necessary to prove accuracy and completeness of the returns to a taxing authority. You are responsible for the returns, so you should review them carefully before you sign them.
Our work will not include any procedures to discover defalcations or other irregularities. The only accounting or analysis work we will do is that which is necessary for preparation of your income tax returns.
We must use our judgment in resolving questions where the tax law is unclear, or where there may be conflicts between the taxing authorities’ interpretations of the law and other supportable positions. In order to avoid penalties, we will apply the “more likely than not” reliance standard to resolve such issues. You agree to honor our decisions regarding the need to make protective disclosures in your returns.
Penalties of as much as $100,000 can be imposed on you for failing to disclose participation in “reportable transactions,” that is, certain arrangement the IRS has identified as potentially abusive. We will insist that all such transactions be properly disclosed.
The law also imposes penalties when taxpayers understate their tax liability. If you have concerns about such penalties, please call us.
Your returns may be selected for audit by a taxing authority. Any proposed adjustments are subject to appeal. In the event of a tax examination, we can arrange to be available to represent you. Such representation will be a separate engagement for which an engagement letter will be provided to you. Fees and expenses for defending the returns will be invoiced in accordance with terms we agree on for that engagement.
Our fee for our Professional Services and/or preparation of your tax returns will be based on the amount of time required at standard billing rates plus out-of-pocket expenses. All invoices are due and payable upon presentation. To the extent permitted by state law, an interest charge may be added to all accounts not paid within thirty (30) days.
We will retain copies of records you supplied to us along with our work papers for your engagement for a period of seven years. After seven years, our work papers and engagement files will be destroyed. All of your original records will be returned to you at the end of this engagement. You should keep the original records in secure storage.
During the process of providing you Professional Services, we engage a team of professionals that are either our full-time employees or work with us on a part-time basis within the United States or overseas (the “Associates”). List of our domestic and overseas Associates that may provide you Professional Services can be available in our office that you can request from us and we can provide you at our discretion. In case any of the US based or overseas Associates need to provide you any of the Professional Services, we must disclose all of your information including your social security number (“SSN”) to them. You may request a more limited disclosure of tax return information, but in that case we may not be able to provide you Professional Services. If you would like us to disclose your tax return information and your SSN to the Associates for your Professional Services, please sign and date your consent to the disclosure of your tax return information. For other information we need to help you provide other Professional Services, other than tax return preparation services, that is not considered personal identifiable information (“PII”), we will not seek a written consent from you to provide that information to our Associates for providing you the Professional Services. By the act of engaging us you are providing us a consent to do so.
Specific Terms Applicable for the Accounting / Bookkeeping Services:
Scope and Limitation of our Services:
Our engagement will start once we received this signed letter back and will continue on an ongoing basis. Either party can decide to cancel the service at any time by giving one month notice.
Our engagement does not include payroll services, any type of tax services or business of financial management. We will not review the payment of any invoices or bills. If an amount appears unusual or out of the ordinary, we will call it to your attention, but we do not take any responsibility in the discovery of any errors, irregularities, or fraud.
We will not provide any financial statements (other than those used for internal management purposes and subject to interpretation by your CPA or tax professional for tax purposes)
Our engagement will not audit or review your financial statements, or any other accounting documents and information you provide, in accordance with generally accepted auditing standards. Accordingly, we ask that you not in any manner refer to this as an audit or review.
We do not at any time provide legal services of any type.
We will not verify the data you submit for accuracy or completeness. Rather, we will rely on the accuracy and completeness of the documents and information you provide to us. Accordingly, our engagement cannot be relied upon to disclose errors, fraud, or other illegal acts that may exist. However, it may be necessary to ask you for clarification of some of the information you provide, and we will inform you of any material errors, fraud or other illegal acts that come to our attention, unless they are clearly inconsequential.
We have no responsibility to identify and communicate significant deficiencies or material weaknesses in your internal controls as part of this engagement, and our engagement cannot, therefore be relied upon to make disclosure of such matters.
Company Management Responsibility:
You are responsible for adopting sound accounting policies, for maintaining an adequate and efficient accounting system, for safeguarding assets, for authorizing transactions, for retaining supporting documentation for those transactions, and for devising a system of internal controls that will, among other things, help assure the preparation of proper financial statements. Furthermore, you are responsible for management decisions and functions, for designating a competent employee to oversee any of the services we provide, and for evaluating the adequacy and results of those services.
You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the Company involving (a) management (b) employees who have significant roles in internal control, and (c) others where the fraud could have a material effect on the financial statements.
You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud affecting the Company received in communications from employees, former employees, regulators, or others.
In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations.
Responsible to provide us a the minimum following documents, as applicable:
- Prior year audited financial statements, final trial balance.
- Cash receipt reports and deposit slips.
- Cash disbursements, bank statements, credit card statements.
- Check register, prior year’s tax return.
- Articles of incorporation, partnership agreements.
- Copies of purchase/lease contracts and load agreements.
- Detailed list of company assets (description, date of acquisition, original cost, and current value).
- Other documents necessary for correct account reporting.
In order for us to complete this engagement, and to do so efficiently, we require unrestricted access to at the minimum to the following documents and information concerning your company, as applicable:
- Copies of basic documents reflecting your financial transactions, including check stubs, summaries of cash receipts and sales (cash and credit), bank statements and canceled checks, listings of accounts receivable and accounts payable, and documentary support of property and equipment transactions-purchases, trades, sales, and other dispositions;
- Any other financial information necessary for purpose of reflection on your accounting records, trial balance and tax returns;
- Identification of all cash receipts as to source (i.e., loans, sales, etc.), and information concerning all transactions that are consummated with cash.
- Any failure to provide such documents and information, and to do so on a timely basis, will impede our services, and may require us to suspend our services or withdraw from the engagement. You agree to accept responsibility for any effect on your accounting records and financial statements of basic financial information or transaction documents not submitted to us for processing and entry, or losses that may result from their absence.
- For purposes of entry of the financial information from your basic transaction documents, classification according to the agreed-upon chart of accounts will be performed by you or your employees. As business conditions change, we may mutually agree to change/modify this arrangement. You agree that all necessary documents will be forwarded to our office on a regular basis to enable us to provide you with a current, meaningful and useful financial statement.
Retention Policy:
We suggest that you adopt a 10 years policy to keep all the accounting records and work papers related to the engagement. When records are returned, as needed, it is your responsibility to retain and protect them for future use, potential examination by any government or regulatory agency, prospective buyers of your business, acquiring business loans, etc.
General Duration of Services and Cancellation Policy for our Professional Services:
Once you subscribe or engage us for our Professional Services, you can cancel your subscription or agreement anytime during first seven days trial period. After completion of seven days you would need to remain our subscriber for at least one year from date of your first payment, unless we allow early cancellation that we’ll agree with you in our engagement letter. If you chose to cancel your subscription or services anytime sooner, you may be charged a cancellation fees. To cancel your subscription send us a written email to info@BackOfficeDesk.com
Illegal or Abusive Usage is Strictly Prohibited:
You must not abuse, harass, threaten, impersonate or intimidate other users of our Website. You may not use the Company's Website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. Should you be found to have engaged in an illegal or abusive usage of our Website, Company will suspend your account or usage as applicable.
Electronic Communication:
When you visit our Website or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright:
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company protected by the United States and international copyright laws. The compilation of all content on this site is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on this site is the property of Company or its software suppliers and protected by the United States and international copyright laws.
Your Account:
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Disclaimer of Warranties and Limitation of Liability:
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY COMPANY ON AN AS IS AND AS AVAILABLE BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law:
By visiting our website, you agree that the laws of the State of TX, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Company.
Disclaimer: Written and verbal communications between you and Back Office Desk LLC are protected by our Privacy Policy and your access to the website are subject to our Terms of Service. We are not a law firm or a substitute for an attorney or law firm. Any advice we provide is always general advice and must not be considered a legal advice. We do not and cannot provide any kind of legal advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies; IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, Back Office Desk LLC informs you that any U.S. federal tax advice contained in our website or in our written or verbal communication with you is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein; for IRS audit, tax disputes or other purposes.