Terms and Conditions - Bennett Financials

BENNETT FINANCIALS ENGAGEMENT TERMS OF SERVICE

Last Updated: May 22, 2024

Thank you for selecting the Services offered by Bennett Financials and its subsidiaries and affiliates (referred to as “Bennett Financials”, “we”, “our”, or “us”). Review these Engagement Terms of Service (hereafter referred to as the “Terms”, the “Terms of Service”, or the “Agreement”) thoroughly. This Agreement is a legal agreement between you and Bennett Financials. By clicking “I Agree” or by similar mechanism, you agree to this Agreement. If you do not agree to this Agreement, then you may not enter a formal engagement with Bennett Financials to use the Services.

Bennett Financials provides business-to-business (“B2B”) products and services. Tax-related services, such as planning, advice, recommendations, preparation, and filing, are provided to businesses (not consumers) and are deemed business transactions rather than consumer transactions. Professional services sold by Bennett Financials are fulfilled by appropriately licensed service providers. Bennett Financials account executives, account managers, customer relationship managers, and other personnel are not licensed service providers but may arrange for you to speak with licensed professionals.

THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION. For more details, go to Section A.12.

Section A

GENERAL TERMS

1. AGREEMENT

This Agreement describes the terms governing your use of the Services provided to you either in the form of general information presented by Bennett Financials in print or digital media or in the form of tax-related services fulfilled by an appropriately licensed and registered firm authorized to provide tax planning, tax advice, tax preparation, and tax filing services (collectively, the “Services”). This Agreement includes by reference:

Bennett Financials’s Privacy Statement. Click here

Additional terms and conditions, which may include those from third parties.Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.

2. YOUR RIGHTS TO USE THE SERVICES

2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Bennett Financials.

Bennett Financials reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Bennett Financials grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation, or this Agreement. You agree you will not:

Provide access to or give any part of the Services to any third party.Reproduce, modify, copy, sell, trade, lease, rent, or resell the Services.Decompile, disassemble, or reverse engineer the Services.Make the Services available on any file-sharing or application hosting service.

3. PAYMENT.

Initial Deposit: A $5,000 deposit is required when the agreement is signed. This allows the Bennett Financials to begin reviewing the initial documentation and preparing the tax plan. Payment shall be processed on the details provided by you at the bottom of the service agreement.

Performance Bonus: Once you have received the tax plan, if Bennett Financials has successfully demonstrated at least $100,000 of savings, Bennett Financials shall collect a performance bonus of $15,000 within 72 hours of delivering the tax plan.

Fast Action Discount Pricing: If you sign the service agreement and pay the initial deposit within 4 calendar days of being sent a copy of the service agreement, the initial deposit shall be discounted to $3,000 and the performance bonus shall be discounted to $12,000.

The Fast Action Discount Pricing shall be understood to substitute any and all mentions of other pricing in this agreement should you qualify for this offer and sign within 4 days of receiving the service agreement.

For the Services offered on a payment basis, the following terms apply, unless Bennett Financials or its third-party affiliate notifies you otherwise in writing. This Agreement also incorporates the transaction details stated at the time of purchase, including a description of the selected Services, total price, and payment terms:

a) Payments will be billed to you in U.S. dollars, and your account will be debited when you provide your payment information and authorize the transaction by indicating you have read and agreed to terms of the sale, including this Agreement, on the website for the Services.

b) You must pay with one of the following and provide 2 payment methods Bennett Financials will store securely on your customer profile:

i) A valid credit card acceptable to Bennett Financials;

ii) A valid debit card acceptable to Bennett Financials;

iii) Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or

iv) By another payment option Bennett Financials provides to you in writing.

c) If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.

d) If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

e) You may update the payment method used for billing of your Installment Payments and Subscription Payments by contacting us at 1-865-217-0244, by e-mailing to [email protected], or by mail to 800 S. Gay Street, Suite 700 Knoxville TN 37929

f) In limited circumstances, you may have various payment terms, such as paying your balance in full in one payment or by automatic recurring installment payments. Not all options are available for all Services and some options may be discontinued or not eligible for future Services. The option you select is subject to the transaction details on the website at the time of purchase, including a description of the selected Services, total price, and payment terms (e.g., payment in full or payment by periodic or recurring installments, etc.). Once you order and your initial payment is processed, your Service has begun, and you can begin accessing the relevant Services.

g) The Services and promotional offers may include assistance in preparing and filing documents. Where applicable, states and jurisdictions may require fees for processing and registration. Unless otherwise stated by law, we or an authorized service provider may assess a convenience fee to process filing fees on your behalf.

h) Installment Payments, Performance Bonus, & Automatic Billing.

In limited circumstances, you may have an option to pay for the Services by making a series of periodic payments or installment payments until the entire balance is paid (“Installment Payments”). You may also have an option to pay an initial deposit to receive the tax plan and pay the remaining balance as a performance bonus after the initial tax plan has been presented (“Performance Bonus”). By accepting the offer, you agree to pay the entire purchase price for the Services in periodic installment payments with a defined amount, frequency, and duration stated at the time of purchase (“Payment Terms”). You will be charged at the beginning of each billing term using the payment methods you provided. Depending on scheduling and individual circumstances, you may receive some Services prior to completing your Installment Payments. Regardless of when or if you use the Services, you are responsible for paying the entire balance. There is no penalty for paying the entire balance for the Services before your scheduled last payment date.

i) Cancellations. You may cancel the Services within three (3) calendar days from the date of the order for a full refund. If you accept an offer to pay in periodic installments, you may immediately begin using the Services, and you may not cancel the Services or Installment Payments after three (3) calendar days from the date of the order.

UPON ORDER, YOU AUTHORIZE US TO IMMEDIATELY BEGIN ALLOCATING RESOURCES TO PROVIDE THE SERVICES. THEREFORE, AFTER THREE (3) CALENDAR DAYS FROM THE DATE OF THE ORDER, THE SALE BECOMES FINAL AND NO REFUNDS WILL BE ISSUED.

j) Refund Policy: If the Bennett Financials cannot demonstrate $100,000 in potential tax savings during the onboarding call, you are entitled to a full refund of the $5,000 deposit, and the agreement will be terminated.

If you take MORE than 5 calendar days to schedule an onboarding meeting post-payment, Bennett Financials shall not be held responsible for any delays in service delivery and this shall not constitute a valid refund. If you wish to terminate services after receiving the initial tax plan and not proceed with implementation, you may do so by emailing a written termination request to [email protected]. If Bennett Financials has successfully fulfilled the tax savings guarantee, the performance bonus will still be due, and you consent to paying the full balance regardless of whether or note you request termination of services.

If Bennett Financials has shown $100,000 of tax savings prior to the termination request – the initial deposit shall not be refunded, but the performance bonus may be waived. Bennett Financials reserves the right to make any and all final determinations as to whether or not the performance bonus shall be waived or collected. The performance bonus is not refundable once billed.

Any and all refunds must be requested in writing by emailing [email protected] and demonstrating clear evidence that Bennett Financials has NOT demonstrated at least $100,000 in tax savings to you

4. YOUR PERSONAL INFORMATION.

You can view Bennett Financials’ Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Bennett Financials Privacy Statement and any changes published by Bennett Financials.

You agree that Bennett Financials may use and maintain your data according to the Bennett Financials Privacy Statement as part of the Services.

This means that Bennett Financials may use your data to improve the Services or design promotions, and develop new products or services.

4.1 California Consumer Privacy Act.

For the purposes of the California Consumer Privacy Act (“CCPA”), Bennett Financials shall be considered a Business and Third Party, as applicable. Where Bennett Financials acts as a Third Party, you represent, warrant, and covenant that all Personal Information provided or otherwise made available to Bennett Financials is done so in compliance with applicable law, and that you have provided all necessary and appropriate notices and opt-outs, and otherwise have all necessary and appropriate rights, to enable Bennett Financials to: share any and all Personal Information you provide with any Bennett Financials company, including Bennett Financials and any parent, subsidiary, affiliate, or related company of Bennett Financials (collectively, the “Bennett Financials Family Companies”); and use any such Personal Information in connection with any and all Bennett Financials Family Companies’ internal operations and functions, including, but not limited to, improving such Bennett Financials Family Companies’ products and services, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes. Notwithstanding the foregoing, the parties agree that the sharing of Personal Information between Bennett Financials Family Companies does not constitute a “sale” of such Personal Information under the CCPA. Capitalized terms in this paragraph have the meanings given those terms under the CCPA.

5. CONTENT AND USE OF THE SERVICES

5.1 Responsibility for Content and Use of the Services.

Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services (“Content”), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant Bennett Financials a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information, and disclosures. Bennett Financials is not responsible for any of your Content that you submit through the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages “flaming” others or criminal or civil liability under any local, state, federal or foreign law;Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;Except as permitted by Bennett Financials in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;Virus, Trojan horse, worm or other disruptive or harmful software or data; andAny Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.

5.2 Restricted Use of the Services.

You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of Bennett Financials or could subject Bennett Financials to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in Bennett Financials’ opinion, is prohibited under this Agreement; (v)any other activity that places Bennett Financials in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of a Bennett Financials system or network or to breach Bennett Financials’ security or authentication measures, whether by passive or intrusive techniques. Bennett Financials reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products, or services that are objectionable or promote, support, or engage in any of the restricted uses described above.

5.3 Bennett Financials may freely use feedback you provide.

You agree that Bennett Financials may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising, or marketing materials. You grant Bennett Financials a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty-free license to use the feedback you provide to Bennett Financials in any way.

5.4 Bennett Financials may monitor Content.

Bennett Financials may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect Bennett Financials or its customers, or operate the Services properly. Bennett Financials, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

5.5 Bennett Financials may showcase results in their marketing.

You agree that any and all results, deliverables, or outcomes produced during the course of this Service (“Results”) may be used by Bennett Financials for marketing and advertising purposes. This includes, but is not limited to, the use of quantitative or qualitative improvements, testimonials, positive feedback, and other statements provided by the Client regarding the Results or the Service.

Client grants Bennett Financials a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, and distribute any Results, feedback, testimonials, or related content provided by Client for marketing, advertising, and promotional purposes, in any format, medium, or channel, including but not limited to print, digital, social media, and web-based advertising.

By agreeing to this section, Client acknowledges and consents to the use of the aforementioned materials without further review, approval, or compensation, and waives any rights or claims related to such use.

Client agrees that any and all results, deliverables, or outcomes produced during the course of this Service (“Results”) may be used by Bennett Financials for marketing and advertising purposes. This includes, but is not limited to, the use of quantitative or qualitative improvements, testimonials, positive feedback, and other statements provided by the Client regarding the Results or the Service. Bennett Financials will NOT display any sensitive or private information and will abide by standards of professionalism and integrity when showcasing client results in their marketing.

6. BENNETT FINANCIALS GUARANTEES

6.1 Tax Savings Plan Potential Savings Guarantee.

Upon purchase of an eligible tax package that includes a tax savings plan, we will identify potential tax savings based on information and documents provided by you, such as previous tax returns and other applicable information. This guarantee is limited to the first tax savings plan (subsequent tax savings plans are not eligible). This guarantee cannot be combined with other guarantees, unless stated otherwise in writing.

To qualify, eligible customers must meet the following conditions:

(i) have annual business revenue equal to at least $400,000;

(ii) within three (3) calendar days from the initial requests, complete required questionnaires and provide required tax documents;

iiI) schedule an onboarding call with Bennett Financials within five (5) days of paying the initial deposit.

To redeem, eligible customers must notify us within five (5) days of the date the tax plan is presented to you. Send written notice to Bennett Financials, 800 S. Gay Street, Suite 700 Knoxville TN 37929. Please use a traceable mailing method and maintain copies of submitted items for your records. Please allow up to fourteen (14) days for processing and delivery. We reserve the right, at our sole discretion, to require a secondary review by a senior Tax Expert to validate (or invalidate) a request for a full or partial refund under the terms of this Section 6. If after four (4) weeks you have not received your applicable refund, contact us at 1-865-217-0244. Depending on purchased services, we may, in our sole discretion, issue a partial or full refund as outlined below:

Customers with $800,000 or more in annual AGI (Adjusted Gross Income) will receive a 100% refund of the applicable purchase price paid by you if we do not identify a minimum in potential tax savings of at least $100,000.

Customers with $500,000 or more in annual AGI (Adjusted Gross Income) will receive a 100% refund of the applicable purchase price paid by you if we do not identify a minimum in potential tax savings of at least $50,000.

Customers with less than $500,000 of annual AGI (Adjusted Gross Income) will receive a 100% refund of the applicable purchase price paid by you if we do not identify a minimum in potential tax savings of at least $30,000.

Customers with less than $300,000 of annual AGI (Adjusted Gross Income) will receive a 100% refund of the applicable purchase price paid by you if we do not identify a minimum in potential tax savings of at least $10,000.

To ensure absolute clarity, this section (6.1 Tax Savings Plan Potential Savings Guarantee) shall take precedence over any and all other mentions of refund or guarantee terms in this agreement. Any and all references to refunds, guarantees, or specific tax savings amounts found elsewhere in the service agreement or on this page are hereby superseded by the terms outlined in this section. These are the only terms applicable for any refund or guarantee considerations, and no other terms, whether stated or implied elsewhere in the agreement, shall be considered valid.

7. ADDITIONAL TERMS

7.1 Bennett Financials professional services.

Products and services are sold by Bennett Financials and professional services are fulfilled by appropriately licensed service providers. Bennett Financials account executives, account managers, customer relationship managers, and other personnel are not licensed service providers.

7.2 We may tell you about other Bennett Financials Services.

You may be offered other services, products, or promotions by Bennett Financials (“Bennett Financials Services”). Additional terms and conditions and fees may apply. With some Bennett Financials Services, you may upload or enter data from your account(s), such as names, addresses, and phone numbers, purchases, etc., to the Internet.

You grant Bennett Financials permission to use information about your business and experience to help us to provide the Bennett Financials Services (including other products and services you might be interested in), to develop new products and services, and to enhance the Services.

7.3 Communications.

Bennett Financials may be required by law to send you communications about the Services or third-party products. You agree that Bennett Financials may send these communications to you via e-mail or by posting them on our websites.

8. DISCLAIMER OF WARRANTIES

8.1 YOUR USE OF THE SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BENNETT FINANCIALS, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. BENNETT FINANCIALS AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT, OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

8.2 BENNETT FINANCIALS, ITS AFFILIATES, AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

9. CHANGES.

Bennett Financials may revise this Agreement from time to time. Changes will not be retroactive, and the most current version of this Agreement, which will always be at https://go.bennettfinancials.com/terms, will govern Bennett Financials’ ongoing relationship with you. Except in urgent situations such as responding to legal requirements or other issues, Bennett Financials will try to notify you with advanced notice of material changes that negatively impact your use of the Services.

10. TERMINATION.

Bennett Financials may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users,

raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable Bennett Financials policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with Bennett Financials’ interests or those of another user of the Services. Upon Bennett Financials notice that your use of the Services has been terminated, you must immediately stop using the Services and any outstanding payments will become due.

Any termination of this Agreement shall not affect Bennett Financials’ rights to any payments due to it. Bennett Financials may terminate a free account at any time. Sections 2.2, 3 through 13 will survive and remain in effect even if the Agreement is terminated.

11. GOVERNING LAW.

Tennessee state law governs this Agreement without regard to its conflict of laws provisions.

12. DISPUTES.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Tennessee law to all other matters. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND BENNETT FINANCIALS ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Bennett Financials, 800 S. Gay Street, Suite 700 Knoxville TN 37929. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees and costs will be governed by the AAA’s rules. Each party shall bear its own attorneys’ fees and costs incurred in arbitration. However, if the arbitrator finds that your claims or defenses are frivolous, you shall be responsible for Bennett Financials’ reasonable attorneys’ fees. Arbitration shall be conducted in Knoxville County, Tennessee or at another location determined by Bennett Financials. The arbitration may be carried out by telephone, based on written submission, or in person, depending upon the method deemed most appropriate by us. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 12 shall survive expiration, termination, or rescission of this Agreement.

13. GENERAL.

This Agreement, including the Additional Terms below, is the entire agreement between you and Bennett Financials regarding its subject matter and replaces all prior understandings, communications, and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of Bennett Financials. However, Bennett Financials may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Bennett Financials, or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Bennett Financials via an e-mail to [email protected]

B. ADDITIONAL TERMS AND CONDITIONS FOR TAX SERVICES

Your use of the Services provided by Bennett Financials is subject to the General Terms of Service above, including these Additional Terms and Conditions, which govern your use of the Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above.

1. SERVICES

1.1 Pricing.

Prices for the various Services are ultimately determined at the time of either selecting the service package at the point you authorize the payment, and all prices are subject to change without notice. You should confirm that the pricing for your use of the Services has not changed. The price for your Service is the price at the time you pay for it. Your price will not change once you pay for your Service.

1.2 Professional Tax Services.

Tax Expert (i.e., Certified Public Accountant, Enrolled Agent, or practicing attorney) who will prepare and review your tax plan and answer questions you may have about your tax situation. The Professional Services of the Tax Expert are provided by appropriately licensed service providers. Bennett Financials account executives, account managers, customer relationship managers, and other personnel are generally not licensed service providers. After purchasing Professional Services from Bennett Financials, and where required, you will work with appropriately licensed and registered service providers for fulfillment of applicable services. Fulfillment for professional services may include independent contractors or other authorized parties.

a) Some tax topics or situations may not be included as part of this Service, which shall be determined at the Tax Expert’s sole discretion. The tax assistance provided to you by the Tax Expert will be based on the information you provide. You understand and agree that if you provide incorrect or incomplete information, the advice provided to you may not be accurate. You are responsible for the overall accuracy of the data in your final tax return.

i) Record Keeping. You are responsible for maintaining adequate documentation to substantiate the accuracy and completeness of your tax returns. You acknowledge and agree that you must comply with state and federal record keeping requirements, including those of the Internal Revenue Service. Your Tax Expert has no obligation to store your tax documents other than to the extent required by applicable law and regulation. You agree to hold Bennett Financials and its third-party provider harmless from any liability, including but not limited to additional tax, penalties, interest, and professional fees resulting from the disallowance of tax deductions due to inadequate documentation.

ii) Interpretation of Tax Law. Your Tax Expert will use reasonable judgment to resolve questions in your favor where a tax law may be unclear, to the extent permitted by professional conduct and applicable law, and provided there is substantial authority for doing so. If there are conflicting interpretations of the law, your Tax Expert will explain the possible positions that may be taken on your tax return(s). Your Tax Expert will follow the position you request, provided it Is consistent with our understanding of the Internal Revenue Code (“IRC”), tax regulations, Revenue Rulings, Revenue Procedures, Private Letter Rulings, and any related court cases.

b) Tax Expert Services do not include any legal or investment advice, estate planning, investment planning, or other areas of advice other than what is included with the Tax Expert Services.

1.3 Third-Party Services.

Third-party service providers may be available to provide legal advice, investment advice, entity formation, estate planning services, and other helpful services. You authorize Bennett Financials to share your information with third-party service providers to fulfill services on your behalf and at your direction.

1.4 Tax Planning Services Scope.

Bennett Financials will provide you with complete tax planning services as follows:

– Initial review of the CLIENT’s provided documents, including a Profit & Loss statement, Balance Sheet for the current year, and the previous year’s 1040 tax return and a summary of current tax strategies being used.

– Creation of a basic tax plan showing potential tax savings of one hundred thousand dollars ($100,000) based on the limited information provided, to be discussed during the onboarding call.

Preliminary Tax Plan and Onboarding Call:

Using the initial documentation provided, Bennett Financials will create an initial tax plan to show you how you could potentially achieve at least one hundred thousand dollars ($100,000) in tax savings for the current tax year. This plan will be discussed during the onboarding call.

Bennett Financials will then build a more detailed and bespoke tax plan for you showing potential tax savings of one hundred thousand dollars ($100,000) based on information provided.

All SERVICES shall commence upon contract signing and payment of deposit and the onboarding call should be scheduled within the first five (5) working days of the AGREEMENT.

2. HELP AND SUPPORT

Bennett Financials may use a variety of methods (e.g., in-product, widgets, Internet, remote access, online community, chat, e-mail, video, SMS, and phone) to provide technical support and customer service in connection with the Services.

The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Bennett Financials from time to time.

3. THIRD-PARTY SERVICES

To facilitate Third-Party Services, Bennett Financials may be required to obtain your explicit consent for disclosure and use of your information. By accepting these Third-Party Services agreements and consents, you authorize Bennett Financials to use and disclose your information, including name and address, to the third party, for the purpose of making the Third-Party Services you choose available to you.

For some Third-Party Services, we may submit an application on your behalf using your information to assist you in obtaining a benefit provided by a third party. You acknowledge that Bennett Financials does not determine if you receive the benefit and that you are solely responsible for meeting the third party’s requirements and complying with applicable laws and regulations. You may need to provide us with your account number, password, security questions and answers, and other necessary login information (“Login Details”). You hereby represent that you have the authority to provide the Login Details to Bennett Financials, and you expressly appoint Bennett Financials as your, or the third party who owns the Login Details’, an agent with limited power of attorney to access any Third-Party Services on your behalf. You must provide true and accurate information. Third party’s terms and conditions are generally found on the third party’s website. Your participation in Third Party Services indicates your acceptance of such terms and conditions for such Third-Party Services. If you sign up for a Third-Party Service that requires access to your information on an ongoing basis and you subsequently want us to stop making your information available to such third party, you should discontinue use of the Third-Party Services.

You should evaluate all Third-Party Services based on your own assessment and review of their terms and conditions.

4. LIMITATION OF LIABILITY AND DAMAGES.

YOU UNDERSTAND THAT BENNETT FINANCIALS AND ITS SUPPLIERS WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE, AND NEITHER IS RESPONSIBLE FOR DISALLOWED DEDUCTIONS OR THE INCLUSION OF ADDITIONAL UNREPORTED INCOME OR RESULTING TAXES, PENALTIES, OR INTEREST.

THE ENTIRE CUMULATIVE LIABILITY OF BENNETT FINANCIALS AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE AS SET FORTH IN SECTION 8 OF THE GENERAL TERMS.

BENNETT FINANCIALS AND ITS SUPPLIERS SHALL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, INVESTMENT LOSSES, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION APPLIES TO ALL DAMAGES ARISING FROM OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, ANY TAX POSITIONS TAKEN BY YOU, DELAYS, ERRORS, OR OMISSIONS IN PREPARING OR FILING YOUR TAX RETURN, OR THE INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO BENNETT FINANCIALS OR ITS SUPPLIERS. FURTHER, BENNETT FINANCIALS SHALL NOT BE LIABLE FOR ANY PENALTIES, INTEREST, OR ADDITIONAL FEES THAT MAY BE ASSESSED BY TAXING AUTHORITIES AS A RESULT OF YOUR TAX POSITIONS OR THE TIMING OF YOUR FILINGS.

Bennett Financials shall not be liable for any default or delay in the performance of its obligations under this Agreement to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action.

5. MISCELLANEOUS MATTERS.

You agree that Bennett Financials is not acting as your agent or fiduciary in connection with your use of any Services.

You can contact Bennett Financials by mail at Bennett Financials, 800 S. Gay Street, Suite 700 Knoxville TN 37929, or by calling 1-865-217-0244 if you have a question or concern about any product or service we sell.

C. CLIENT RESPONSIBILITIES

Tax Planning Phase:

You agree to provide the initial documentation required for the preliminary tax plan within 3 working days of signing the service agreement.

This documentation includes:

– Year-to-date Profit & Loss (P&L) statement

– Balance Sheet for the current year

– The previous year’s 1040 tax return or a draft 1040 for the current year, if available

– A summary of any current tax strategies you are utilizing or have previously implemented.

– Notify Bennett Financials whether you are a W2, S-Corp, or C-Corp tax entity

– Supply accurate and transparent data on their AGI (Adjusted Gross Income) + liquid cash reserves for the tax year in which this agreement is signed. The tax plan shall be built based on the AGI information you provide to Bennett Financials. You are wholly responsible for supplying accurate data in this regard. Bennett Financials shall not be held liable for any discrepancy

This $100,000 tax savings guarantee is only valid based on the terms outlined in Section 6.1 Tax Savings Plan Potential Savings Guarantee.

You shall provide the additional documentation requested by Bennett Financials within a reasonable time following the onboarding call to enable Bennett Financials to build a bespoke tax plan.

Bespoke Tax Plan & Implementation Prep:

After the onboarding call, you shall provide Bennett Financials with additional documentation, including but not limited to:

– W-2s

– Entity Structure documentation

– The last three (3) years of 1040 tax returns

– 1120S tax returns for S-Corps and 1120 for C-Corps (if applicable)

Settlement of Outstanding Balance:

The performance bonus outlined in Section A (3) is due regardless of whether the Client “likes” the proposed strategies or not. If Bennett Financials presents a tax plan that successfully and accurately shows $100,000 of tax savings, you hereby consent and agree to pay the performance bonus to Bennett Financials within 72 hours of being presented the initial tax plan. In the event that you are unhappy with the strategies proposed, Bennett Financials agrees to create a bespoke tax plan that fits your preferences for a period of up to 60 days after signing up and revise the tax plan until you are satisfied with it, on the sole condition that the performance bonus is paid. If you refuse to pay the performance bonus, and Bennett Financials has successfully presented a tax plan that demonstrates $100,000 in tax savings, or tax savings congruent to the AGI terms outlined in Paragraph (j) of Section A, (3) – Refund Policy – you will be considered to be in breach of contract and Bennett Financials shall suspend or terminate services until the performance bonus is paid.

Client is required to pay the FULL balance due as per the terms of the service agreement signed once Bennett Financials has successfully presented a tax plan that outlines savings meeting the minimum guarantee. Failure to do so will result in immediate termination of services and Bennett Financials reserves the right to pursue all legal remedies available for collection of unpaid amounts. The Client acknowledges and agrees that any unpaid balance remaining after 30 days from the due date shall be considered in default. At such time, Bennett Financials may send the account to collections and/or initiate legal action.

The Client further agrees that they will be responsible for all costs associated with collections, including but not limited to, reasonable attorney’s fees, court costs, and any other expenses incurred in the collection process. Additionally, the Client agrees that interest may be applied to any unpaid balance at a rate of 2.5% per month, starting from the due date until the balance is paid in full.

D. LIMITATION OF LIABILITY

1) Indemnity:

To the fullest extent permitted by law, you shall indemnify, defend, and hold harmless Bennett Financials, its parent, subsidiaries, partners, officers, agents and employees, from and against all claims, damages, and expenses, including attorneys’ fees, arising out of the breach of the AGREEMENT or of any CLIENT responsibilities, or arising out of any negligence, act or omission of you or your agents, employees, or subcontractors. In the event liability of CLIENT shall arise by reason of the joint or concurrent negligence of Bennett Financials then liability shall be apportioned among the parties in proportion to their negligence.

2) Confidentiality:

Each party acknowledges that the performance of its obligations hereunder may require that it have access to confidential information of the other. “Confidential Information” shall include, without limitation, data, know-how, financial statements, formulas, compositions, processes, documents, plans, graphs, reports, findings, inventions and ideas, and any other information that a reasonable person, being familiar with the disclosing party’s business and the industry in which it operates, would consider to be confidential or proprietary information. Each party agrees that it will exercise reasonable care to prevent the disclosure of Confidential Information to any third party, shall restrict its use to the purpose of this transaction, and shall limit disclosure of Confidential Information within its own organization to individuals whose duties justify the need to know such information and who are legally obligated to keep such information confidential.

3) Electronic Data Communication and Storage:

You acknowledges and agrees that Bennett Financials, in the interest of facilitating its services to you, may send data over the Internet, store electronic data via computer software applications hosted remotely on the Internet, or allow access of data through third-party vendors’ secured portals or clouds. Electronic data that is confidential to you may be transmitted or stored using these methods. Bennett Financials may use third-party service providers to store or transmit this data, such as providers of tax return preparation software. In using these data communication and storage methods, Bennett Financials will use reasonable efforts to keep such communications and data access secure in accordance with its obligations under applicable laws and professional standards and will require all of its third-party vendors to do the same; however, you recognize and accepts that Bennett Financials has no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by Bennett Financials or its third-party vendors.

4) Dispute Resolution:

In the event a party hereto has reason to believe a claim has arisen or will likely arise under or in connection with this AGREEMENT or the SERVICES (a “Claim”), such party shall provide written notice of such Claim to the other party, and to all other entities whose activities are relevant to the Claim, within twenty (20) days of the incident giving rise to the Claim, stating the basis for the Claim and providing all relevant supporting documentation. No Claim shall be valid unless so made. The parties shall meet promptly, but in no event later than thirty (30) days following such written notice, to negotiate in good faith an equitable resolution of such Claim. All Claims which the parties are unable to resolve through negotiation within three months of the written notice referred to above, will be submitted to non-binding mediation. Each party to the mediation will bear its own expenses with respect to mediation, and the parties will share equally the fees and expenses of the mediator and related facilities. Each party will be represented in the mediation by representatives having final settlement authority with respect to the Claim(s). In the absence of agreement otherwise, the mediation shall take place in Knoxville, Tennessee. Any Claim not finally resolved through the mediation process shall be finally resolved through binding arbitration in accordance with the rules of the American Arbitration Association, in which case the prevailing party shall be entitled to receive its arbitration costs and expenses and attorneys’ fees.

Accountability Clause: If you have failed to submit the required documents within 3 days or schedule an onboarding meeting within 5 days of making the initial deposit as specified in Section C – Client Responsibilities – Bennett Financials shall bill the performance bonus within 5 calendar days of receiving the initial deposit. All payments shall be final and no refunds shall be issued outside of the terms set in Paragraph (j) of Section 3(A) – Refund Policy. You hereby consent to these terms and relinquish any and all rights to dispute the performance bonus or accountability clause at any point.

5) Limitation on Liability.

Except in cases of gross negligence or willful misconduct and notwithstanding anything to the contrary in this AGREEMENT, either Party’s liability hereunder shall not exceed the gross amount paid to Bennett Financials by you for the SERVICES provided pursuant to this AGREEMENT; provided, however, that this limitation of liability shall not apply to claims, lawsuits or proceedings brought by a governmental agency or body. Further, neither Party shall be liable to the other for any indirect, special or consequential loss or damages howsoever caused even if one Party was advised of the possibility of such losses in advance by the other.

6) Notice:

All notice required or permitted under this AGREEMENT shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid. Written notice mailed to Bennett Financials shall be addressed as follows: 800 S. Gay Street, Suite 700, Knoxville, Tennessee 37929.

7) Governing Law:

This AGREEMENT will be governed by and construed according to the laws of the State of Tennessee, without regard to its conflicts of law provisions, which shall be given no effect.

8) Force Majeure:

Neither Party shall be held liable for any delays resulting from circumstances or causes beyond our reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, epidemics or pandemics as defined by the Centers for Disease Control and Prevention, or any law, order or requirement of any governmental agency or authority. However, no Force Majeure event shall excuse you of any obligation to pay any outstanding invoice or fee or from any indemnification obligation under this AGREEMENT.

9) No Legal, Investment, or International Tax Advice:

Unless otherwise agreed, no SERVICES under this AGREEMENT should be considered legal or investment advice. Bennett Financials recommends that you retain legal counsel and investment advisors to provide such advice. Additionally, Bennett Financials has limited knowledge of international tax law. Any advice Bennett Financials provides on such matters should not be considered expert advice.

10) Limits of Oral/Email Advice:

You acknowledges that any advice or information delivered orally or in an email (rather than through a memorandum delivered as an email attachment) in response to your questions will necessarily be based upon limited research and a limited discussion and analysis of the underlying facts. If you desires Bennett Financials to perform a more complete review of the facts (which could affect Bennett Financials’ analysis and conclusions), you should request such additional services as deliverables in a separate agreement. If you choos to rely on oral or email advice, you accept all responsibility, except to the extent caused by our gross negligence or willful misconduct, for any liability, including but not limited to additional tax, penalties, or interest resulting from your decision not to have Bennett Financials perform the research and analysis necessary to reach a more definitive conclusion.

11) Notice Regarding Commissions:

During this engagement, Bennett Financials may recommend products and services linked to an affiliate who may pay Bennett Financials a commission on any purchases by you (i.e., sign up with technology app or outsource). This commission comes at no additional cost to you who oftentimes enjoys a lower negotiated rate due to Bennett Financials’ affiliation. Bennett Financials recommends such products and services because they are helpful and useful, not because of any commissions Bennett Financials might realize. You are encouraged to not spend any money on products or services unless it feels they will be helpful in achieving your goals.

12) No Waiver:

No waiver by Bennett Financials or you, whether expressed or implied, of any provision of this AGREEMENT shall be construed to be a continuing waiver, nor shall such waiver deprive Bennett Financials or you of the right to reassert or rely upon such provision thereafter.

13) Entire Agreement.

This AGREEMENT constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and representations. Any amendments to this Agreement must be made in writing and signed by both parties.

14) Subcontracts:

Bennett Financials may subcontract for the services of others without obtaining your consent if Bennett Financials deems it necessary or desirable to have others perform services.

15) Severability:

If any provision of this AGREEMENT, or application thereof to any person or circumstance, shall to any extent be deemed invalid or unenforceable, then such provision shall be modified if possible, to fulfill the intent of the parties as reflected in the original provision, the remainder of this AGREEMENT, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and each provision of this agreement shall be valid and enforced to the fullest extent permitted by law.