Terms and Conditions

1. Acceptance of Terms

By engaging the services of Pacanins Ledger Management, LLC ("we," "us," "our," or "the Firm"), you ("Client," "you," or "your") agree to be bound by these Terms and Conditions. These terms apply to all services provided, including but not limited to bookkeeping, payroll processing, tax preparation, IRS representation, financial advisory, LLC formation, ITIN applications, authorized e-file services, and notary services.

2. Services Provided

2.1 Scope of Services

We provide the following professional services:

• Bookkeeping and accounting services
• Payroll processing and compliance
• Individual and business tax preparation
• Financial advisory and consulting
• IRS representation and tax resolution
• LLC formation and business entity setup
• ITIN Certified Acceptance Agent (CAA) services
• Authorized IRS e-file provider services
• Notary Public services for the State of Ohio
• QuickBooks Online setup and training

2.2 Fee Structure

Services are billed according to the type of work performed:

• Bookkeeping: Billed as a monthly flat-fee subscription. Cleanup or one-time projects are charged as separate project fees.
• Payroll: Included in a monthly subscription or priced separately based on scope.
• Tax Preparation: Charged as a flat fee based on the complexity of the return.
• IRS Representation: Hourly rates apply for correspondence, audit support, or negotiation. Larger or more complex matters may require a retainer plus hourly billing.
• Other Services: Priced as fixed-fee or project-based services, as outlined in your engagement letter.

The specific fee structure for your engagement will be detailed in your signed engagement letter.

2.3 Services We Do NOT Provide

• Legal advice or legal representation (except IRS representation as an Enrolled Agent)
• Investment advice or securities recommendations
• Audit guarantees or assurance that returns will not be examined
• Court representation beyond IRS matters
• Forensic accounting services
• Business valuation services
• CPA services (we are not Certified Public Accountants)

If your needs require these services, we will refer you to appropriate qualified professionals.

3. Client Responsibilities

3.1 Document Submission Deadlines

To ensure timely and accurate service delivery, you must:

• Business Tax Returns: Provide all tax documents by March 1st
• Individual Tax Returns: Provide all tax documents by April 1st
• Payroll Information: Submit all payroll data on time to ensure payroll is processed and paid on schedule
• General Requests: Respond within 48 hours when we request documents or information

3.2 Accuracy and Completeness of Information

You are responsible for:

• Providing complete, accurate, and timely information
• Maintaining organized records and supporting documentation
• Reviewing all work product for accuracy before approval
• Informing us immediately of any errors or changes in your circumstances
• Ensuring all representations made to us are truthful

3.3 Client Cooperation

You agree to:

• Respond promptly to our requests for information
• Make yourself available for meetings and consultations as reasonably necessary
• Maintain your own record-keeping systems and backups
• Follow our recommendations regarding compliance and best practices
• Notify us of any IRS correspondence or inquiries immediately

3.4 Software and Technology

You are responsible for:

• Purchasing and maintaining your own bookkeeping software (e.g., QuickBooks Online)
• Purchasing and maintaining your own payroll software (if applicable)
• Maintaining secure passwords and access credentials
• Ensuring your computer systems meet minimum requirements for software we recommend

4. Fees, Payment Terms, and Billing

4.1 Payment Terms

Bookkeeping and Ongoing Services: Payment is due Net 15 days from invoice date. Invoices are typically issued monthly for retainer-based services.

IRS Representation: Billed hourly, similar to legal services. Invoices issued monthly or upon completion of specific milestones. Payment due Net 15 days from invoice date.

4.2 Late Payment Fees

For bookkeeping clients and IRS representation services: A late fee of 1.5% per month (18% annual percentage rate) will be assessed on any unpaid balance after the due date.

For tax preparation clients: Late payment may result in withholding of completed work and inability to e-file your return.

4.3 Additional Fees and Expenses

• Filing Fees: State and IRS filing fees are included in the final cost of tax preparation services
• Software Costs: You are responsible for purchasing your own bookkeeping and payroll software subscriptions
• Rush Fees: Late submissions or rush requests may incur additional fees
• Travel Fees: If in-person meetings outside our office are required, travel fees may apply
• Amendments and Corrections: If you provide incomplete or inaccurate information requiring us to amend or correct filings, you will be charged for additional work

4.4 Refund and Cancellation Policy

4.5 Non-Payment Consequences

If you fail to pay invoices when due:

1. We will attempt to work with you to resolve payment issues
2. We reserve the right to stop all services until payment is received
3. We will withhold completed work until payment is made in full
4. Unpaid accounts may be sent to collections
5. You will be responsible for all collection costs, including reasonable attorney fees

5. IRS Circular 230 and Enrolled Agent Disclosures

5.1 Enrolled Agent Representation

Tara Pacanins is an Enrolled Agent (EA) authorized to represent clients before the Internal Revenue Service. Our representation includes:

• Audits, collections, and appeals
• Responding to IRS notices and correspondence
• Negotiating payment plans and offers in compromise
• Penalty abatement requests
• Innocent spouse relief claims
• Full representation for all IRS matters within the scope of our engagement

5.2 No Guarantee of Outcomes

5.3 Tax Advice and Penalty Protection

• We provide informal tax advice as part of our services
• We do not provide formal written tax opinions under IRC §6662 or §6694 for penalty protection purposes
• If you require formal written tax opinions, we will refer you to appropriate counsel

5.4 Circular 230 Compliance

All services are provided in compliance with IRS Circular 230, which governs practice before the IRS. We adhere to all professional standards, including:

• Competence and due diligence
• Reasonable reliance on client-provided information
• Prohibition against unreasonable fee arrangements
• Conflicts of interest management
• Confidentiality obligations

6. E-File Authorization and ITIN Services

6.1 Authorized E-File Provider

We are an IRS-authorized e-file provider. When you engage us for tax preparation with e-filing:

• You must sign IRS Form 8879 (E-File Authorization) before we can electronically file your return
• We will retain your signed authorization for 3 years from the return's due date (including extensions)
• You have the right to file your own return on paper or through another provider if you prefer
• E-filing provides faster refunds, instant IRS confirmation, and reduced errors

6.2 ITIN Certified Acceptance Agent (CAA) Services

As an IRS-certified CAA, we facilitate Individual Taxpayer Identification Number (ITIN) applications:

• We facilitate applications only — we do not guarantee IRS approval
• You must provide original documents or IRS-certified copies as required
• ITIN services are charged separately and are not included in tax preparation fees
• IRS processing times are beyond our control — typical processing is 7-11 weeks but may vary
• We will submit complete applications but cannot expedite IRS processing
• If your ITIN application is denied, we are not responsible for IRS decisions

7. Liability Limitations and Indemnification

7.1 Professional Liability Insurance

7.2 Limitation of Liability

This limitation applies regardless of the legal theory asserted, including negligence, breach of contract, or breach of fiduciary duty, errors, omissions, or mistakes in our work, or reliance on our advice or recommendations.

Exceptions: This limitation does not apply to liability arising from fraud, intentional misconduct, or willful violations of law by us, or matters for which limitation of liability is prohibited by law.

7.3 Client Indemnification

Example: If the IRS assesses penalties because you failed to report income you knew about but didn't tell us, you are responsible for those penalties — not us.

7.4 Statute of Limitations for Claims

Any claim against us must be brought within the Ohio statute of limitations applicable to the type of claim asserted. Generally:

• Professional negligence claims: 4 years from the date the cause of action accrues (Ohio Revised Code §2305.09)
• Contract claims: 8 years from the date of breach (Ohio Revised Code §2305.06)

You agree that no claim may be brought more than 2 years after you discover (or reasonably should have discovered) the facts giving rise to the claim, whichever statute is shorter.

7.5 No Liability for Third-Party Systems

We are not liable for failures, errors, or outages of third-party systems, including:

• QuickBooks or other accounting software malfunctions
• IRS e-file system downtime or errors
• Payroll software failures
• Cloud storage or file-sharing service interruptions
• Internet or telecommunication service disruptions

If third-party system failures prevent us from meeting deadlines, we will use reasonable efforts to find alternative solutions, but we are not liable for resulting delays or consequences.

8. Confidentiality and Data Security

8.1 Our Confidentiality Obligations

We are legally and ethically obligated to maintain the confidentiality of your information under:

• IRS Circular 230
• Federal and state privacy laws (including Gramm-Leach-Bliley Act)
• Professional ethical standards

For complete details, see our Privacy Policy.

8.2 Client Ownership of Work Product

You may share your work product with others, including your attorney, banker, other advisors, business partners or investors, or third parties for legitimate business purposes.

However, you may not misrepresent our work or attribute opinions to us that we did not express.

8.3 Our Proprietary Materials

We retain ownership of our proprietary materials, including:

• Internal processes, procedures, and methodologies
• Software, templates, and tools we developed
• Training materials and educational content
• Marketing materials and business systems

You may not reproduce, distribute, or commercialize our proprietary materials without written permission.

8.4 Record Retention

We will retain your files and records for 4 years after the engagement ends, in accordance with IRS requirements and professional standards. After this period:

• We may securely destroy or delete your records
• We are not obligated to maintain records beyond the retention period
• You are responsible for maintaining your own permanent records

9. Termination of Services

9.1 Termination Terms in Engagement Letter

9.2 Termination by Client

You may terminate our services at any time by providing written notice. Upon termination:

• You will be billed for all work completed through the termination date
• You are responsible for paying all outstanding invoices immediately
• We will provide copies of completed work only if you have paid in full
• We will return all original documents you provided
• Any work in progress will be billed on a pro-rated or project-completion basis as specified in your engagement letter

Mid-Engagement Termination (e.g., during tax season): If you terminate services before a project is complete, fees and obligations will be determined according to the terms in your engagement letter. You may still owe fees for work started or time reserved for your engagement.

9.3 Termination by Us

We may terminate our services immediately upon written notice if:

• You fail to pay invoices when due
• You fail to provide requested information or documentation after reasonable notice
• You engage in conduct that violates these Terms or your engagement letter
• A conflict of interest arises that cannot be resolved
• You request us to perform services that violate professional standards or the law
• We determine that continuing the engagement would impair our professional independence

Upon termination by us:

• We will return all original documents you provided
• We will provide copies of completed work only if you have paid all outstanding invoices in full
• You remain obligated to pay for all services provided through the termination date

9.4 Completion of Work in Progress

If termination occurs during a critical period (e.g., tax filing deadline approaching), we will make reasonable efforts to complete work in progress to a logical stopping point (at our discretion), ensure you have sufficient time to engage alternative service providers, and avoid leaving you in a position of non-compliance with deadlines (when reasonably possible).

However, we are not obligated to complete work beyond the termination date unless we agree in writing to do so.

10. Dispute Resolution

10.1 Informal Resolution

If a dispute arises, we encourage you to contact us immediately to discuss the issue. Many disputes can be resolved through open communication and good-faith negotiation.

10.2 Mediation

If informal resolution fails, the parties agree to first attempt to resolve the dispute through mediation with a mutually agreed-upon neutral mediator. Each party will bear its own costs for mediation, and the parties will split the mediator's fees equally.

10.3 Arbitration

If mediation is unsuccessful, the dispute will be submitted to binding arbitration under the rules of the American Arbitration Association (AAA). The arbitration will be conducted in Ohio, and the arbitrator's decision will be final and binding.

10.4 Litigation

If arbitration is not successful or is deemed inappropriate for the specific dispute, any litigation will be filed in the state or federal courts located in Ohio. Both parties consent to the jurisdiction and venue of Ohio courts.

10.5 Costs and Attorney Fees

In any dispute, the prevailing party may be entitled to recover reasonable attorney fees and costs from the non-prevailing party, as determined by the mediator, arbitrator, or court.

11. Technology, Communication, and File Sharing

11.1 Client Portals and File Sharing

We use secure file-sharing systems to exchange documents, including:

• Microsoft OneDrive
• Google Drive
• Email (with encryption when required)

11.2 Use of Portals (Optional)

While we provide secure portals for file sharing:

• Use of our portals is optional — you may choose alternative secure methods if you prefer
• We strongly recommend using secure portals for transmitting sensitive financial and tax documents
• Email may not be secure for transmitting Social Security numbers, bank account details, or other highly sensitive information

11.3 Software Failures and Service Interruptions

If system failures occur:

• We will make reasonable efforts to use alternative methods to meet deadlines
• Deadlines may need to be extended if failures are beyond our control
• We will communicate with you promptly about any service disruptions affecting your work

11.4 Client Technology Requirements

You are responsible for:

• Maintaining compatible devices and internet connectivity
• Ensuring your systems meet minimum requirements for software we recommend
• Maintaining secure passwords and protecting access credentials
• Installing security updates and antivirus software on your devices

12. Professional Liability Insurance Requirement

12.1 Client Insurance Requirement

If you are a business client, we may require you to maintain your own professional liability or errors and omissions insurance, depending on:

• The nature of your business
• The scope of services we provide
• The level of risk in your industry

This requirement, if applicable, will be specified in your engagement letter.

13. Rush Fees and Additional Charges

13.1 Rush Fees for Last-Minute Requests

If you submit information after the deadlines specified in Section 3.1, we reserve the right to charge rush fees for expedited processing, including:

• Tax documents submitted after March 1st (business) or April 1st (individual)
• Urgent payroll processing requests with less than 48 hours' notice
• Emergency bookkeeping or financial report requests

Rush fees will be communicated to you before we proceed with expedited work.

13.2 Travel Fees

If in-person meetings outside our office are required at your request, travel fees may apply, including:

• Mileage reimbursement at the current IRS standard rate
• Travel time billed at our hourly rate (if applicable)
• Parking, tolls, or other travel-related expenses

13.3 Minimum Engagement Fees

Certain services may be subject to minimum engagement fees as specified in your engagement letter, including:

• Monthly bookkeeping retainers
• Minimum charges for IRS representation (e.g., minimum billable hours)
• Subscription or monthly minimums for ongoing advisory services

14. Independent Contractor Relationship

14.1 No Employment or Partnership

You acknowledge that we are an independent contractor, not your employee, partner, or joint venturer. This engagement does not create:

• An employment relationship
• A partnership or joint venture
• An agency relationship (except as specifically authorized for IRS representation)

14.2 No Authority to Bind

We have no authority to enter into contracts or make commitments on your behalf, except as specifically authorized in writing.

15. Compliance with Laws

15.1 Your Compliance Obligations

You are responsible for complying with all applicable federal, state, and local laws, including:

• Tax filing and payment obligations
• Employment and payroll tax compliance
• Business licensing and registration requirements
• Industry-specific regulations

15.2 Our Professional Standards

We will perform all services in accordance with:

• IRS Circular 230
• Applicable federal and state laws
• Professional ethical standards
• Industry best practices

16. Changes to Terms and Conditions

16.1 Modifications

We reserve the right to modify these Terms and Conditions at any time by:

• Posting updated terms on our website (https://pacaninsledgermgmt.com)
• Providing written notice via email or mail
• Including updated terms in new engagement letters

16.2 Effective Date of Changes

Changes will become effective:

• For new engagements: Immediately upon signing a new engagement letter
• For existing engagements: 30 days after notice is provided

16.3 Continued Use Constitutes Acceptance

Continued use of our services after changes are posted or communicated constitutes your acceptance of the modified terms.

17. General Provisions

17.1 Entire Agreement

These Terms and Conditions, together with your signed engagement letter and our Privacy Policy, constitute the entire agreement between you and Pacanins Ledger Management, LLC. They supersede all prior agreements, understandings, or representations (written or oral) regarding the subject matter.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

17.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

17.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms to a successor entity in the event of a merger, acquisition, or sale of our business.

17.5 Governing Law

These Terms and Conditions are governed by the laws of the State of Ohio, without regard to its conflict of laws principles.

17.6 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including:

• Acts of God (natural disasters, pandemics, etc.)
• Government actions or regulations
• War, terrorism, or civil unrest
• Utility failures or telecommunications outages
• Labor disputes or strikes

17.7 Notices

All notices under these Terms must be in writing and delivered to:

Notices are effective when delivered via email (with confirmation of receipt) or three business days after mailing via certified mail.

18. Acknowledgment and Consent