This agreement (“The Agreement”) made this DATE OF AGRREMENT, between BURGOS & ASSOCIATES INC dba ACR ACCOUNTING & CONSULTING RESOURCES (“The provider of the Services”) and BUSINESS OWNER T/A BUSINES NAME (“The Client) contains the terms and conditions under which bookkeeping services (“Services”) will be provided by the provider of he services to The Client. The words “Company” and “Account” mean The Client. The words “You”, “Your” and “Yours” mean any person or persons from your Company who uses the Services. The words “We”, “Us” and “Our” refer to BURGOS & ASSOCIATES INC dba ACR ACCOUNTING & CONSULTING RESOURCES. Your use of the Services, even over the phone, at our website or by oral/written request, constitutes your accordance to be bound by the terms and conditions of this Service Agreement.

Please read this Agreement carefully.

1) SERVICES

You may use your account to request services, in a professional and timely manner, for as long as this Agreement is in force. Such services are limited to:

BOOKKEEPING SERVICE

• Register in general ledger, income and expense transactions, such as cancelled checks, bank deposits, debit card payments, wire transfers, credit card payments, cash receipts, refunds and returns, NSF fees, bank service charges, automatic ACH debits, online charges, ATM withdrawals and any other transaction found on checking, savings, lines of credit or credit cards statements.
• Reconcile bank and credit card accounts to ensure the accuracy of the transactions entered in the general ledger.
• Prepare business Financial Statements, such as Profit & Loss, Balance Sheet, Trial Balance, General Ledger, Account Reconciliation and Comparison Reports.
• Calculate and record Fixed Assets Depreciation Schedules.
• Provide secure online access to your Accounting and Tax documents at our website. (Web Registration and internet access required)

PAYROLL SERVICE

• Prepare weekly, bi-weekly, semi-monthly, monthly payroll checks or direct deposits with tax deductions for owners and employees or subcontractors of the business. (Additional fees apply)
• Electronic filing and payment of Federal and State Payroll Taxes. ($15.00 each additional State filing)
• Prepare monthly and quarterly Federal and State reports such as: Form 941, 940 FUTA, State Unemployment (SUTA), State Withholding, etc.
• Prepare and file Annual W-2 Forms with the Social Security Administration
• Prepare and File State Annual Withholding Reconciliation Reports
• Prepare and File State New Hire Registry reports for new employees
• Provide upon request, secure online access to payroll information for business owners and employee’s paystubs and forms.
• Prepare Certified Payroll Reports for Government Contracts (Additional Fees Apply)
• Free annual payroll tax tables updates

TAX SERVICE

• Prepare annual business Federal and State Income Tax Returns as required. i.e.: Forms 1120, 1120S, 1065, 990, etc. (Includes home State Only, additional charges apply for additional State returns. Personal tax returns are NOT included)
• Federal and State Business Estimated Tax Payments (based on documentation available).
• Personal Estimated Tax Payment Coupons (if requested).
• Prepare Schedules K-1 for business partners/shareholders (if applicable).
• Prepare Monthly or Quarterly Sales & Use Tax Reports (if applicable).
• Prepare Fuel Tax Reports IFTA (if applicable).
• Prepare 1099-NEC Forms for Subcontractors.
• Property Tax Return.

CONSULTING SERVICE

• Free consultation on business and tax related matters.
• Free Notary Public for simple signature-ready documents (if available).
• Review letters received from Federal and State agencies for business tax issues and prepare responses as necessary.
• Free Representation in Worker’s Compensation and Liability Insurance Audits.
• Free representation in Federal and State Audits for business and Personal tax returns prepared by us. (Additional charges may apply for representation on third-party prepared returns).

2) OPTIONAL SERVICES

You may request, and/or from time to time, we may offer you optional services at discounted prices, which may be billed to your account upon request, except as otherwise provided in this Service Agreement.

3) AVAILABILITY AND ACCUMULATION OF DOCUMENTS

It is the Client’s responsibility to provide, in a timely manner, all business income/expense supporting documents for processing. These documents include, but are not limited to:

• Credit card and bank statements, along with copies of cancelled checks. If copies of cancelled checks are not provided by the financial institution as part of the statement, we may accept other records, such as ledgers, paystubs or information lists. ACR shall not be held liable/responsible, if such as documents are not deemed acceptable by the taxing authority, in the event of an audit. Furthermore, additional charges may apply, if we have to obtain/download copies of these cancelled checks from bank websites, due to the nature of such time consuming activity.
• Receipts, invoices and/or any other supporting document related to deductions being claimed or intended to be claimed on Federal and State business tax return.
• Client shall also provide to us, within fifteen days of receiving it, copies of any letters or correspondence received from government agencies. Client delays, or failure to provide in a timely manner, the documentation described herein, shall not waive the client’s responsibility of paying the monthly fee described in Paragraph 4.
• Client understands that most businesses are required to file an income tax return each year. Most calendar-year entities must file by March 15 of the following year, unless an extension is requested. Therefore, client must provide all information and necessary documents to prepare the return, no later than January 15th. after the year ended. If client fails to do so, client agrees to pay an additional document-accumulation fee, for each month of documentation presented late for processing. (Fee does not apply to December’s documentation). If a the company files on a fiscal-year basis, then the fee applies to documentation turned in late for processing, after the 15th day of the following month, immediately after the tax year ends. (Fee will not apply to documentation corresponding to the last month of the tax year being reported). The fee will be calculated as follows: If the monthly fee paid by The Client, as described on paragraph 4 or as adjusted due to increased activity, whichever is higher, is less than $400.00, then fee is $100.00 per month of paperwork turned in late. If the monthly fee is more than $400.00, then the fee is $150.00 per month. The Client has the option to get this fee waived, by agreeing to request a 6-month extension to file the business tax return. However, any late filing penalties, fees or interest assessed by taxing authorities or resulting for filing late, will be the client’s sole-responsibility and will NOT be covered by Paragraph 10 below.

4) THE MONTHLY FEE

You promise to pay us in U.S. dollars, a fee of $VALUE IN US DOLLARS****** per month, plus any late fees, finance charges, adjustments, payroll fees, document accumulation fees and any other charges due on your account, according to the terms and conditions of this Agreement, starting in the month of MONTH-YYYY. The monthly fee has been based on answers you provided about your business. These answers include, but are not limited to: The number of bank accounts, credit cards, estimated amount of annual gross receipts, expected number of employees/subcontractors, average number of income/expense transactions each month and many other estimates, projections and assumptions affecting the company’s activities.

Client agrees that if at any point, the Company has no payroll or business activity on any given period, it does not waive The Client’s responsibility of paying the monthly fee described herein, since the business tax return must include the whole year of activity and mandatory monthly, quarterly and annual reports must still be prepared and filed with taxing authorities, even if no activity is being reported.

The monthly fee may be reviewed, at least once a year, for purposes of comparison to local or nationwide average fees charged by similar providers or to review tasks being performed to service your account, that may require additional work and to our discretion may not be feasible (i.e.: Personal transactions being paid out of business account).

5) NUMBER OF TRANSACTIONS

Client acknowledges that, if at any point in time, the actual number of business transactions, gross receipts, number of employees/subcontractors or any other activities described on paragraph 4 of this Agreement, should go significantly higher, than those estimated by the Client at the time of signing this agreement, it will cause for the monthly fee to be reviewed and adjusted accordingly. We shall notify you of any fee increase, within 30 days, or as soon as we become aware of the change in activity. This adjustment may be necessary, to deal with the cost of serving your account or time consumption to process your documentation. It is also understood that, if the level of business activity should go lower, than those estimated at the time of the signing of this Agreement, it does not guarantee or imply, a decrease of the monthly fee assigned, unless otherwise specified or prior negotiation with us.

6) METHOD OF PAYMENT AND ADMINISTRATIVE FEE

You authorize us to process your payment via direct debit to your business bank account, through the Automated Clearing House System, also known as ACH, via direct draft, Electronic Funds Transfer (EFT) or any other form of payment available to us, such as a debit/credit card on file or direct draft conversion of a business check. You agree at all times to have an active bank account on file with us for that purpose. You will be notified each month via e-mail or other electronic means available to us, about the fees due on your account and the payment due date. Electronic payments are free to the client. However, if the Client wishes to have a paper billing statement, it will be subject to an additional $5.00 administrative monthly fee, necessary to compensate for postage, paper, envelopes, toner and handling.

7) FINANCE CHARGES, COLLECTION AND OTHER FEES

In the event that your business bank account, does not have enough funds to cover the monthly fee described herein, Client agrees that a NSF fee of $29.00 may be charged by our processing agent. Shall your account go unpaid for over 60 days, a one-time late fee of $29.00 per month will accrue, plus a minimum of $5.00, as finance charge or the maximum amount permitted by applicable law, whichever is higher. You also agree to pay a fee of $29.00, for any check given to us, as a form of payment and returned to us as unpaid, for any reason, by your financial institution.

If you or your financial institution closes your bank account, provide no other means of payment or no communication is received from the Client, we shall have the right to immediately discontinue providing the services and to transfer the account to an agency for collection. Client agrees to be responsible for the direct or indirect costs, related to the collection of any unpaid balances on your account, including reasonable attorneys’ fees, collection agency fees, arbitration and court costs. If the Client wishes to reinstate service, the balance due must be paid first, including late fees and finance charges. The Client shall be responsible for reimbursing any commissions and/or fees charged to us by collection agencies and/or third parties used to recover unpaid balances due on your account.

8) RECORD KEEPING AND STORAGE OF DOCUMENTS

Client acknowledges that we will keep hard or electronic copies of all documents, tax returns and/or reports prepared for/or on behalf of the Client, for as long as this Agreement is in force. These records are property of the Client and are available for secure access at our website. Upon termination of this Agreement, these records shall be surrendered or made available online at our website for printing or downloading, prior payment of any unpaid balances on your Account. The Client reserves the right to request copies of such records at any time, while this Agreement is in force and for as long as the account is in good standing. Every year we may clean up the Client’s archive and return any documents related to tax periods beyond the 3-year statue of record keeping, imposed by the IRS. It will then be The Client’s responsibility, for saving such records and to have them ready for Federal or State authorities, if so required in the event of an audit or investigation. In the event that we may have physical business records and documents provided by you and need to be returned back to you, we may contact you to have those records picked up or have us mailed to you for an additional fee. However, if no positive response is received within 90 days, those records may be destroyed with no liability or responsibility to us.

9) WAIVER OF RESPONSIBILITY

Our sole and exclusive obligation shall be to provide the services described on paragraph 1, in a professional and timely manner, for as long as this Agreement is in force. Client understands that we will prepare tax returns, financial statements, quarterly and annual reports, based on documentation and information provided by the Client. We shall have no other obligation or responsibility with respect to documents or information NOT provided by you and will be deemed unknown to us. Client acknowledges that BURGOS & ASSOCIATES INC dba ACR ACCOUNTING & CONSULTING RESOURCES will provide professional advice and guidance on different tax matters, payroll requirements, Federal and State regulations and many other responsibilities that most businesses have. Adherence to those rules and regulations is expected from the Client. However, since it is not our responsibility to oversee nor enforce compliance. Client hereby releases us from any responsibility or liability for failure to obey or follow such Federal and State regulations. Non-compliance may result in fines, penalties, prosecution or imprisonment. Each officer, employee and independent contractor of your company must take every necessary action, to ensure compliance with these guidelines and to bring any problem areas to our attention. We may decline to enforce any right conferred to us by this Agreement at any time, without waiving or affecting any of our other rights under this Agreement.

10) PENALTIES AND INTEREST REIMBURSEMENT

We will reimburse penalties and interest imposed by government agencies, resulting from negligence, mistakes, oversights, errors or omissions caused by us, our employees and/or representatives. Client agrees that ALL claims for reimbursement MUST be presented in a timely fashion and MUST be accompanied by a copy of the first notice received from the agency for verification purposes. This provision does not cover for penalties due to Client’s failure to pay tax liabilities on time or when required. Furthermore, The Client acknowledges that the tax liability itself is the Client’s full responsibility, and under no circumstances will be paid by us. This provision does not cover for penalties or interests assessed by federal or state agencies in cases not limited the following:

• Client’s failure to provide proper documentation to support business expenses or tax deductions included on tax returns.
• Changes made by government agencies to reports or tax returns, not prepared by us or prior to the date of this Agreement.
• Client’s failure to provide or willfully hide/omit income/expense information, which needed to be included on reports or tax returns, as outlined by federal and state regulations.
• Penalties resulting from Client’s actions that may be construed or intended to deceive, evade a tax responsibility, defraud or conspire against tax agencies or any other entities that may have a relationship with the Company.
• Fines, penalties and/or interest resulting from Client’s illegal activities and/or any other situations related to the Client’s wrongdoing on which BURGOS & ASSOCIATES INC dba ACR ACCOUNTING & CONSULTING RESOURCES had no knowledge or participation.

11) CHANGE OF TERMS AND CONDITIONS

We reserve the right, from time to time, in our judgment, to review, rescind or otherwise change any of the provisions included in this Agreement, by sending you a written notice through the US Postal Service, electronic communication or as required by applicable law. If you do not agree to the change, you must notify us in writing no later than (30) thirty days after the effective date of the change. In which case, your Account will be closed and you must pay us the balance owed at that time, under the existing terms of the unchanged Agreement. Otherwise, you will have agreed to the changes in the notice. Use of your Account after the effective date of the change, will be deemed as acceptance of the new terms, even if the 30 days have not expired.

12) FINAL AGREEMENT

This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof, and may be modified as outlined on paragraph 11 and deemed accepted by the Client, without requiring new signatures. You agree that this Agreement is the final expression of the Agreement between you and us and may not be contradicted by evidence of any alleged oral agreement.

13) TERMINATION OF AGREEMENT

If for any reason the Client wishes to terminate this Agreement, he/she/they MUST notify us in writing with at least (30) thirty days in advance, no exceptions. Client agrees that extended lack of use of the services described in Paragraph 1, non-payment of your Account or closing the business bank account on file, does not constitute cancellation or termination by the Client, under the terms and conditions of this Agreement. Otherwise, we assume your continued use of our services and payment of your monthly fees will continue to be required, and will accrue late fees as described on Paragraph 7, until your Account is closed by us or transferred to an agency for collection, whichever comes sooner. You will remain liable for all amounts that you owe us at the time of cancellation. We reserve the right to revoke or limit the usage of your account and to terminate this Agreement at any time without prior notice.

14) GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland and applicable federal law.

IN WITNESS WHEREOF, by signing below, The Client acknowledges that he/she/they have read and understand the terms and conditions contained herein or have been read/explained to him/her/them and agree to such terms. You personally and in your individual capacity, will each be liable for all charges, fees and finance charges on the account. This Service Agreement shall take effect and constitutes a binding contract between the parties only when signed by an authorized representative of BURGOS & ASSOCIATES INC dba ACR ACCOUNTING & CONSULTING RESOURCES and the Client.