Terms & Conditions

Welcome to SETC Pros!

These Terms and Conditions govern your use of the SETC Pros website, located at https://setcpros.com.

By accessing this website, you agree to these terms and conditions. If you do not agree with all the terms and conditions stated here, please do not continue to use the SETC Pros website or services.

Acceptance of the Terms of Use

These Terms and Conditions govern your use of our Website and Services, including our web interface at https://setcpros.com/ (“Website”) (collectively, the “Services”).

The Terms and Conditions and the terms outlined in the Client Agreement (the “Terms”) form a binding contract between you and/or Company and SETC Pros. In these Terms, “we”, “us”, “our”, or “the Company” also refer to SETC Pros.

To use the Services, you must agree to all of the Terms. Using the Services in any way indicates your acceptance of these Terms, which will remain in effect while you use the Services. These Terms include the provisions in this document, our Privacy Policy, and any other terms and conditions referenced or incorporated by SETC Pros.

You acknowledge that these Terms constitute the complete and exclusive understanding between you and SETC Pros, superseding all prior written and oral agreements, communications, and other understandings related to these Terms, including any statements or promises made by our agents or representatives. You agree that you are not an employee, agent, partner, or joint venture of SETC Pros, and you do not have any authority to bind SETC Pros in any respect. No oral guarantees were made to you by any agent, representative, or employee of SETC Pros.

This Website is available to users who are 18 years of age or older. By using this Website, you represent that you are of legal age to form a binding contract with the Company and meet all eligibility requirements. If you do not meet these requirements, you must not access or use the Website.

You understand and agree that the purpose of this site is to provide information regarding potential eligibility for certain tax credits and other private or government programs, particularly aimed at the self-employed and self-employed taxpayers. This includes, but is not limited to, tax credit legislation enacted during the coronavirus pandemic, which became part of the federal tax code, especially for the tax years 2020 and 2021.

Incentive programs available for you or your business include the Self-Employed Tax Credits, the Families First Coronavirus Response Act (FFCRA), and the American Rescue Plan Act (ARPA). SETC Pros is a software technology platform that uses verified IRS data to calculate Self-Employed Tax Credits based on IRS tax guidelines and regulations.

Website Access and Use

Access to this Website and its Content is provided for your personal, non-commercial use only. By using the Website, you agree to comply with all applicable laws, including intellectual property and copyright laws. Unless expressly permitted in these Terms of Use, you may not reproduce, distribute, create derivative works from, publicly display, perform, publish, transmit, or exploit Website Content without prior written consent from us or the respective content owner. You may download or print one copy of Website Content for personal, non-commercial use only, but you do not acquire any ownership rights.

Prohibited actions include:

• Removing or altering any proprietary rights notices.
• Circumventing security features.
• Using automated devices to copy or scrape content without permission, except for public search engines for indexing purposes.
• Harvesting personally identifiable information.
• Soliciting Website users to join other services without prior approval.
• Interfering with the Website’s operation.
• Decompiling or reverse engineering the Website.
• Using network-monitoring software to extract data.
• Encouraging illegal conduct or impersonating others.
• Violating U.S. export laws.
• Engaging in conduct that restricts other users’ enjoyment of the Website.

You agree to cooperate with the Company to investigate any suspected or actual breach of these Terms of Use.

Conditions for Linking to the Website

Upon accepting these Terms of Use, you are granted a non-exclusive, limited license to link to the Website’s home page from any site you own or control, provided it is not commercially competitive, does not criticize or injure the Website, and complies with all applicable laws. This link is not an endorsement, and we reserve the right to revoke this permission at any time.

User Registration

To access certain features of the Website, you must register. Users under thirteen are not permitted to register. Registered users must provide accurate information and update it as necessary. You are responsible for safeguarding your user name and password and must notify us immediately of any unauthorized use.

User Content

Users may submit various types of content (“User Content”). You retain rights to your User Content but grant us a perpetual, non-exclusive, royalty-free license to use it. You must not submit content protected by intellectual property laws without permission and are liable for any damage from unauthorized submissions. User Content must not violate any laws, impersonate others, or be inappropriate in any way. By submitting content, you grant us the right to use your biographical information and acknowledge that your content may be used for advertising. We reserve the right to monitor and remove User Content at our discretion.

Website and Third-Party Content

Website content is for educational and promotional purposes. You are responsible for evaluating its accuracy. We are not liable for any reliance on Website content. Third-party content and links are not endorsed by us, and we are not responsible for any third-party interactions.

Indemnification

You agree to indemnify the Company and its affiliates from any claims arising from your use of the Website, User Content, or breach of these Terms of Use. This includes issues related to the Software and any tax return modifications by the IRS.

Disclaimers

Use of the Website and Software is at your own risk. The Website and Software are provided “as is,” without warranties of any kind. We disclaim all warranties, including those of accuracy, security, and fitness for a particular purpose.

Limitation on Liability

The Company is not liable for indirect, incidental, special, or consequential damages. Your sole remedy for dissatisfaction with the Website is to stop using it. Our cumulative liability shall not exceed the greater of the total payments received from you in the past twelve months or $100. Some jurisdictions may not allow these limitations, so they may not apply to you.

Changes to the Terms of Use

SETC Pros is continuously working to improve its Services, and these Terms may be updated accordingly. SETC Pros reserves the right to change these Terms at any time, including correcting any errors or mistakes. Updates to these Terms will be made available on the SETC Pros Website (https://setcpros.com/terms-and-conditions/) SETC Pros may also suspend or discontinue any part of the Services, introduce new features, impose limits on certain features, or restrict access to parts or all of the Services. SETC Pros reserves the right to remove any content from the Website or Services at any time, for any reason, at our sole discretion, and without notice.

If you disagree with the new Terms after any changes, you should immediately stop using the Website and Services. Continuing to use the Services after any changes to the Terms become effective means you agree to all of the changes.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SETC Pros without restriction. Any attempt to assign or transfer these Terms and any rights and licenses will be null and void.

Client Agreement

This CLIENT AGREEMENT is entered into between SETC Pros (the “Company”) and the user (“Client”). The parties agree to the following:

Article 1. Scope of Work and Fees

1.1 Covered Matters: The Company, generally using its proprietary technology, will prepare and the Client will submit forms to the IRS along with any required supporting documents required for the Client to claim and receive credits under the Families First Coronavirus Response Act (the “FFCRA”) and the American Rescue Plan Act (the “ARPA”).

1.2 Service Fee: There is no fee unless the Company secures a monetary tax credit for the Client under the FFCRA and/or ARPA. The fee for the services listed in Article 1.1 will be up to 20% of the amount the Client receives under the FFCRA and ARPA. This fee is due within five (5) days after notification from the IRS that your refund has been issued. If the Client owes back taxes, the Company will negotiate a reasonable fee up to 20% of the total tax credit amount obtained for the Client.

1.3 Payment of Service Fee: The Service Fee is due within five (5) days after notification that the FFCRA and ARPA refund has been issued by IRS to the Client. In the event that Client owes the IRS a back tax debt in excess of $500.00, Client must pay for services prior to receipt of documents produced by Company’s platform, but may, from time to time, in the sole discretion of company, allow such Client’s to pay fee after receiving funds from the IRS.

1.4 Notice of Receipt of FFCRA and ARPA: The Client must inform the Company of receiving any funds under the FFCRA and ARPA within 24 hours of receipt.

1.5 Scope: Although law firms and/or attorneys may oversee the Company’s work in the development of its platform, any and all work does not constitute legal practice and does not extend to other matters such as preparing missing returns, financial statements, audits, or appeals. Further, Client expressly acknowledges and understands that Work Product being produced is performed by way of Company’s proprietary software platform.

1.6 Authority to Contact IRS: The Client will not revoke or interfere with the Company’s authorization to contact the IRS before full payment of the Service Fee.

Article 2. Client’s Representations and Warranties

2.1 Affirmation of Eligibility: The Client affirms it has reviewed the FFCRA and ARPA and certifies eligibility to claim and receive Sick and Family Leave Tax Credits.

2.2 Accuracy of Information: The Client represents that all information submitted is true as of the date of this Agreement. The Client acknowledges that eligibility for the FFCRA and ARPA is based on the provided answers, and inaccurate answers may require repayment of funds.

2.3 Authority: The undersigned represents and warrants authority to act on the Covered Matters pursuant to Article 1.1 on behalf of the Client.

Article 3. Covenants

3.1 Analysis: The Company will analyze the information provided by the Client to calculate the amount available under the FFCRA and ARPA using its proprietary platform. The Company is not obligated to audit or verify the information’s accuracy and is not liable for incorrect calculations based on inaccurate information from the Client.

3.2 Calculations: The Company warrants that its Work Product will be provided professionally, compliant with applicable IRS Codes, state statutes, and program regulations, and free of material errors. The Client acknowledges that the Company does not disclose trade secrets or proprietary information related to its Work Product but will provide detailed information upon request.

3.3 Workmanship: All services provided to the Client will be in a format acceptable to the IRS.

3.4 Audits and Investigations: The Company will cooperate with the Client and any of the Client’s Paid Preparers to support a precise and reliable response to an IRS audit or investigation related to the Company’s services. The Company will also cooperate with the IRS on the Client’s behalf if any audits or investigations arise from returns or forms the Company prepared. The Company is responsible for penalties due to its negligent miscalculations but not for penalties due to inaccurate Client Data. The Client must notify the Company of any IRS inquiries timely.

3.5 Timely Response: The Client must comply with the Company’s reasonable requests for documentation for the FFCRA and ARPA. Delays in providing requested documents may lead to additional costs or breach of this Agreement.

3.6 Integrity of Information: The Client will not provide false or fraudulent information to the Company. If any submitted information is found to be false or misleading, the Client must notify the Company immediately.

3.7 Non-payment: If the Client fails to make a payment, including bounced or canceled payments, the Client must make up the payment within three calendar days unless authorized otherwise by the Company. Failure to pay within this timeframe is a material breach of this Agreement, and the Company will file a claim in federal court or a local court in Client’s jurisdiction if payment is not made within 30 days, charging a monthly interest rate of 10% of the total fees due. All other disputes between Company and Client are expressly subject to binding arbitration, such that only collection actions on behalf Company are permitted to be filed in a court of law.

3.8 Access to Company Systems: The Client may receive access to the Company’s proprietary encrypted client portal (“Portal”) and must not use it for purposes other than necessary for the Covered Matters. Access codes and login information must not be shared except with authorized employees or agents.

3.9 Non-Disclosure: The Client will receive access to proprietary information, processes, templates, and forms developed by the Company (“Confidential Information”). The Client shall not disclose any Confidential Information to any third party without the Company’s prior written consent.

 

 

Article 4. Miscellaneous Provisions

4.1 Governing Law: This Agreement is governed by and construed in accordance with the laws of the District of Columbia without regard to conflict of laws principles. Any disputes other than debt collection by Company are subject to binding arbitration under the American Arbitration Association (AAA) rules by a panel of three arbitrators to take place within ten (10) miles of Washington, the District of Columbia. Any attempt to proceed in a different forum constitutes a material breach, releasing the Company from all obligations under these Terms of Use.

4.2 Merger: This Agreement constitutes the final and exclusive agreement between the parties and supersedes all prior negotiations and agreements.

4.3 Severability: If any provision of this Agreement becomes illegal, that provision is severed, and the remaining provisions remain in full force.

4.4 Third Parties: The Company may refer the Client to third-party providers such as payroll service providers, CPAs, EAs, and/or other professionals without the Client’s prior written approval. The Company will not distribute the Client’s information without such approval.

4.5 Amendment: This Agreement may only be amended in writing.

4.6 Notices: All notices under this Agreement must be made in writing unless stated otherwise.

4.7 Hold Harmless and Indemnify: The Client shall hold harmless and indemnify the Company for any damages resulting from the Client’s breach of obligations under this Agreement.

4.8 Service Conditions: The Company’s obligation to render services is conditioned upon the Client fulfilling the covenants in this Agreement.

4.9 Recourse Event: A Recourse Event includes any assignment, sale, pledge, transfer, or granting of a consensual Lien on the Service Fee without the Company’s consent, intentional misrepresentation, fraud, willful misconduct, or misappropriation by the Client regarding this Agreement or payment of the Service Fee.

4.10 Arbitration: Any disputes other than debt collection by Company are subject to binding arbitration under the American Arbitration Association (AAA) rules by a panel of three arbitrators to take place within ten (10) miles of Washington, the District of Columbia. Any attempt to proceed in a different forum constitutes a material breach, releasing the Company from all obligations under these Terms of Use.

4.11 Cancellation of Payment

Due to the processing times required by the IRS, it may take up to 20 weeks or more for a refund to be issued. Once the refund has been calculated and the client has accepted the banking or credit card authorization, they will receive access to their SETC packet, which can be sent by the client or e-filed through the company platform. Upon verification of payment issuance by the IRS (confirmed by Tax Status), the client is obligated to pay all associated service fees, which can be up to 20% of the refund amount, within 3 calendar days. This obligation remains in effect even if the client has requested the removal of their banking and credit card information from our system before payment can be deducted. Checks can be mailed to SETC Pros, 1717 Pennsylvania Avenue NW, 10th Floor, Washington, D.C. 20006.

4.12 Default Remedies – Nonpayment by Client

1. If the Client’s SETC refund has been calculated by SETC Pros and the client has accepted the banking or credit card authorization, they will receive access to their SETC packet, which can be sent by the client or e-filed through the company platform. Upon verification of payment issuance by the IRS (confirmed by Tax Status), the client is obligated to pay all associated service fees, which can be up to a 20% service fee of the refund amount, within 3 calendar days. If client fails or refuses to pay the service fee within thirty (30) days of the IRS issuing the FFCRA Tax Credit in the Client’s favor, the Client will be in material default of this Agreement. Should SETC Pros find it necessary to initiate legal action to collect the outstanding Fees, the Client waives its right to personal service, consents to service of process by certified mail, and agrees to a judgment for all Fees, collection costs, and attorney fees.
2. Delinquent balances (those more than 30 days past due) will accrue interest at a rate of 1.5% per month (18% per annum).

Venue and Choice of Law

This Agreement shall be governed by and construed in accordance with the laws of the District of Columbia without regard to conflict of laws principles. All conflicts other than debt collection by Company are subject to binding arbitration to take place within ten (10) miles of Washington, the District of Columbia without regard to principles of conflict of laws. Any lawsuit arising from or related to this Agreement shall be brought in the United States District Court for the District of Columbia. The parties waive any objections they may have to personal jurisdiction or venue for any matter brought relating to this Agreement.

4.13 Counterparts: This Agreement may be executed in multiple counterparts, each of which is an original, and all of which constitute one agreement.

4.14 Signatures: This Agreement may be signed electronically. By electronically signing, the Client represents and warrants full authority to do so and that the signer is either the designated signatory or acting under the signatory’s authority.

Non-Refund Policy for Pre-Paid and Post-Paid IRS Refunds

1. Overview

This policy outlines our stance on refunds for services rendered in relation to IRS refunds for both pre-paid and post-paid invoices. Our goal is to provide clear and concise guidelines to ensure mutual understanding and satisfaction between our company and our clients.

2. Pre-Paid Invoices

For services that require pre-payment before the initiation of any work or submission to the IRS:

1. Non-Refundable Payment: All pre-paid invoices are non-refundable. Once payment is received and work commences, no refunds will be issued regardless of the outcome of the IRS refund.
2. Service Guarantee: We commit to delivering our services with the utmost professionalism and accuracy. However, we cannot guarantee the outcome of IRS decisions and refunds.
3. Disputes and Errors: If an error occurs on our part that affects the IRS refund, we will take all necessary steps to correct the error at no additional cost. This does not entitle the client to a refund of the pre-paid amount.

3. Post-Paid Invoices

For services billed after the IRS refund is received:

1. Payment Upon Refund: Clients are required to pay the invoiced amount upon receiving their IRS refund.
2. Invoice Disputes: If there is a discrepancy or dispute regarding the invoice amount, clients must notify us within 10 business days of receiving the invoice. We will review and address any valid concerns.
3. No Refunds After Payment: Once payment is made on a post-paid invoice, it is non-refundable. Clients acknowledge that by settling the invoice, they are satisfied with the services provided.

Sales Tax Policy for Invoicing

1. Introduction This Sales Tax Policy outlines the rules and procedures for applying sales tax to invoicing, ensuring compliance with the regulations of each U.S. state. This policy is designed to provide guidance on the application, collection, and remittance of sales tax on goods and services sold by our company.
2. Policy Statement Our company is committed to complying with all applicable sales tax laws and regulations. We will collect and remit sales tax in accordance with the requirements of each state where we conduct business.
3. Scope This policy applies to all sales transactions, invoicing, and billing activities carried out by our company, including both physical and digital goods and services.
4. Definitions

• Sales Tax: A tax imposed by state and local governments on the sale of goods and services.
• Nexus: A sufficient physical or economic presence within a state that obligates the seller to collect sales tax on sales within that state.
• Exemptions: Specific conditions under which certain sales are not subject to sales tax.

1. Sales Tax Collection 5.1 Determination of Nexus Our company will determine its nexus in each state by evaluating factors such as physical presence, economic thresholds, and other criteria as defined by state laws.

5.2 Tax Rates and Rules The sales tax rate and rules applied to a transaction will be based on the shipping destination or location where the service is performed. We will utilize up-to-date tax rate databases and software to ensure accurate tax rate application.

1. Invoicing 6.1 Invoice Requirements All invoices issued by our company will include the following information:

• Itemized list of goods or services sold
• Sales price of each item
• Applicable sales tax rate and amount
• Total amount due

6.2 State-Specific Requirements Invoices will comply with any state-specific requirements, such as special disclosures or format requirements. Our invoicing system will be configured to accommodate these variations.

1. Exemptions and Resale Certificates 7.1 Exemptions Certain sales may be exempt from sales tax based on state-specific rules. Customers claiming an exemption must provide valid exemption certificates or other required documentation.

7.2 Resale Certificates For transactions involving resale, customers must provide a valid resale certificate. Our company will verify the validity of these certificates and maintain them for record-keeping purposes.

1. Record Keeping Our company will maintain accurate records of all sales transactions, tax collected, and exemption certificates. These records will be retained for the period required by state laws and will be available for audit purposes.
2. Remittance of Sales Tax 9.1 Filing and Payment Our company will file sales tax returns and remit collected taxes to the appropriate state and local tax authorities in a timely manner, in accordance with each state’s filing frequency and deadlines.

9.2 Audit and Compliance We will periodically review our sales tax collection and remittance procedures to ensure compliance with state laws. In the event of an audit, our company will cooperate fully with tax authorities and provide all required documentation.

1. Updates and Changes This policy will be reviewed and updated as necessary to reflect changes in state sales tax laws and regulations. Employees responsible for invoicing and sales tax compliance will be informed of any changes to the policy.
2. Contact Information For questions or further information regarding this Sales Tax Policy, please contact our sales tax compliance team at [email protected].
3. Policy Effective Date This policy is effective in perpetuity and will remain in effect until amended or superseded.

Acknowledgment By conducting sales transactions and issuing invoices, our company acknowledges its responsibility to comply with this Sales Tax Policy and the applicable sales tax laws of each state.

4. General Terms

1. Commitment to Service: Our company strives to provide the highest quality of service. We encourage clients to communicate any issues or concerns promptly so that they can be addressed in a timely manner.
2. IRS Delays and Issues: We are not responsible for delays or issues caused by the IRS. Our services are focused on the accurate and timely preparation and submission of documents, but we do not control the IRS’s processing times or decisions.
3. Client Cooperation: Clients are expected to provide accurate and timely information. Failure to do so may impact the service and the IRS refund, and such issues do not qualify for a refund.
4. Legal Compliance: All services are provided in compliance with applicable laws and regulations. Any advice or actions taken are based on current laws, and we cannot be held responsible for changes in legislation that affect the outcome of IRS refunds.

5. Contact Information

For any questions or concerns regarding this policy, clients may contact us at:

• Phone:  (833) 738-2776
• Email: [email protected]
• Address: 1717 Pennsylvania Avenue NW
                  10th Floor
                  Washington, D.C. 20006

By engaging our services, clients acknowledge and agree to this non-refund policy. We appreciate your understanding and cooperation.

IN WITNESS WHEREOF, the parties have executed this Agreement by continuing with an application from the SETC Pros website or services.

Below is the Client Agreement, which is viewed and signed when Client completes the interview questionnaire, after, Client will complete ID Verification and consents to SETC Pros via Tax Status to retrieve IRS documents necessary for submission of documents by the client related to the Self-Employed Tax Credit Refund.

Terms and Conditions

Last Updated: June 4, 2024

Thank you for choosing SETC Pros. It is our honor to serve you. Please read these terms and conditions carefully before using our service.

Interpretation and Definitions

Interpretation
Words with initial capital letters have specific meanings defined below. These definitions apply equally whether they appear in singular or plural form.

Definitions
For the purposes of these Terms and Conditions:

• Affiliate: An entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
• Account: A unique account created for you to access our Service or parts of our Service.
• Company: Refers to SETC Pros, also referred to as “we,” “us,” or “our” in this Agreement.
• Country: Refers to the United States.
• Content: Refers to text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by you, regardless of the form of that content.
• Device: Any device that can access the Service, such as a computer, cell phone, or digital tablet.
• Feedback: Feedback, innovations, or suggestions sent by you regarding the attributes, performance, or features of our Service.
• Service: Refers to the website.
• Terms and Conditions: These Terms and Conditions form the entire agreement between you and the Company regarding the use of the Service.
• Third-party Social Media Service: Any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
• Website: Refers to SETC Pros, accessible from https://setcpros.com/.
• You: The individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then you may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.

User Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party social media service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Data Charges Acceptance Policy

This policy outlines the acceptance of data charges by users upon agreeing to the Terms of Service for our services. Please read this policy carefully before accepting our Terms of Service.

You may not use a username that is the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

1. Acceptance of Data Charges

By accepting the Terms of Service for our services, you acknowledge and agree that your use of our services may result in data charges imposed by your mobile carrier or internet service provider. These data charges may include, but are not limited to, charges for data usage, text messages, SMS, and other forms of data transmission.

1. Responsibility for Data Charges

You are solely responsible for all data charges incurred as a result of using our services. This includes charges for accessing our services, sending or receiving text messages, SMS, and any other data transmissions associated with our services. These charges may vary depending on your mobile carrier or internet service provider and your specific data plan.

1. Consent to Data Charges

By accepting our Terms of Service, you expressly consent to the data charges imposed by your mobile carrier or internet service provider for your use of our services. You understand and agree that you will be responsible for paying any and all data charges incurred while using our services, and that failure to do so may result in additional fees or penalties imposed by your mobile carrier or internet service provider.

1. Notification of Data Charges

We will make reasonable efforts to inform you of any potential data charges associated with your use of our services. This may include notifications within our services, on our website, or through other means of communication. However, it is ultimately your responsibility to be aware of and understand the data charges imposed by your mobile carrier or internet service provider.

1. Modification of Data Charges Policy

We reserve the right to modify or update this Data Charges Policy at any time, in our sole discretion. Any changes to this policy will be effective immediately upon posting the revised policy on our website or through other reasonable means. Your continued use of our services after the effective date of any such changes constitutes your acceptance of the revised Data Charges Policy.

1. Contact Us

If you have any questions or concerns about this Data Charges Policy or your data charges associated with our services, please contact us at:

• Phone:  (833) 738-2776
• Email: [email protected]
• Address: 1717 Pennsylvania Avenue NW
                  10th Floor
                  Washington, D.C. 20006

By accepting our Terms of Service, you acknowledge that you have read, understood, and agree to be bound by this Data Charges Policy.

Content

Your Right to Post Content
Our Service allows you to post Content. You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

Content Restrictions
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your account, whether done so by you or any third person using your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine- or randomly-generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
• Impersonating any person or entity, including the Company and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if you post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service you may be exposed to content that you may find offensive, indecent, incorrect, or objectionable, and you agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But you acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that a copyrighted work has been copied in a way that constitutes copyright infringement taking place through the Service, you must submit your notice in writing to the attention of our copyright agent via email at [email protected] and include in your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
• A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that you claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and the Website, including all original content, features, and functionality (excluding Content provided by you or other users), and any derivative works or enhancements of the same, are and will remain the exclusive property of the Company and its licensors. This includes, without limitation, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (“Website Content”). All trademarks, service marks, trade names, and trade dress that may appear on the Website are owned by us and/or our licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title, or interest in the Website, the Service, or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved by the Company.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title, and interest in any Feedback you provide to the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or 100 USD if you haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company. Thereafter, all disputes, other than debt collection actions initiated by Company, will be resolved by way of binding arbitration to take place within ten (10) miles of the District of Columbia.  Any attempt to proceed in a different forum constitutes a material breach, releasing the Company from all obligations under these Terms of Use.

For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Non-Refund Policy for Pre-Paid and Post-Paid IRS Refunds

1. Overview

This policy outlines our stance on refunds for services rendered in relation to IRS refunds for both pre-paid and post-paid invoices. Our goal is to provide clear and concise guidelines to ensure mutual understanding and satisfaction between our company and our clients.

2. Pre-Paid Invoices

For services that require pre-payment before the initiation of any work or submission to the IRS:

1. Non-Refundable Payment: All pre-paid invoices are non-refundable. Once payment is received and work commences, no refunds will be issued regardless of the outcome of the IRS refund.
2. Service Guarantee: We commit to delivering our services with the utmost professionalism and accuracy. However, we cannot guarantee the outcome of IRS decisions and refunds.
3. Disputes and Errors: If an error occurs on our part that affects the IRS refund, we will take all necessary steps to correct the error at no additional cost. This does not entitle the client to a refund of the pre-paid amount.

3. Post-Paid Invoices

For services billed after the IRS refund is received:

1. Payment Upon Refund: Clients are required to pay the invoiced amount upon receiving their IRS refund.
2. Invoice Disputes: If there is a discrepancy or dispute regarding the invoice amount, clients must notify us within 10 business days of receiving the invoice. We will review and address any valid concerns.
3. No Refunds After Payment: Once payment is made on a post-paid invoice, it is non-refundable. Clients acknowledge that by settling the invoice, they are satisfied with the services provided.

4. General Terms

1. Commitment to Service: Our company strives to provide the highest quality of service. We encourage clients to communicate any issues or concerns promptly so that they can be addressed in a timely manner.
2. IRS Delays and Issues: We are not responsible for delays or issues caused by the IRS. Our services are focused on the accurate and timely preparation and submission of documents, but we do not control the IRS’s processing times or decisions.
3. Client Cooperation: Clients are expected to provide accurate and timely information. Failure to do so may impact the service and the IRS refund, and such issues do not qualify for a refund.
4. Legal Compliance: All services are provided in compliance with applicable laws and regulations. Any advice or actions taken are based on current laws, and we cannot be held responsible for changes in legislation that affect the outcome of IRS refunds.

California Consumer Rights Notice

Under California Civil Code Section 1789.3, California residents have specific consumer rights when using our website. Please review the following notice regarding your rights as a California resident:

Complaint Assistance

If you have concerns about our services, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:

Complaint Assistance Unit
Division of Consumer Services
California Department of Consumer Affairs
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Phone: (800) 952-5210

Your California Privacy Rights

This section applies only to California residents and supplements our Privacy Policy.

Shine the Light

Under California Civil Code Section 1798.83, California residents may request information about the disclosure of their personal information to third parties for direct marketing purposes. To make such a request, follow the instructions in the Contact Us section of our Privacy Policy and mention “California Shine the Light” inquiry. You may request this information once per calendar year.

Eraser Law

If you are a California resident under 18 and a registered user of our website, California law allows you to request removal of content or information you have publicly posted. You can submit your request using the contact information in our Privacy Policy. Please note that removal may not be complete and may be subject to legal exceptions.

California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)

This section describes our policies and practices regarding the collection, use, and disclosure of personal information of California residents, in accordance with CCPA and CPRA.

This notice does not apply to personal information collected in certain contexts, as detailed in our Privacy Policy.

By accessing our website, you agree to the terms of this notice and our Terms of Use. If you do not agree, please refrain from providing us with your information.

For more information or to exercise your rights under California law, refer to our Privacy Policy or contact us using the provided information.

Thank you for your attention to this notice.

Termination

(A) We reserve the right to terminate or suspend your Membership and block access to the Website at our sole discretion and for any reason, including non-compliance with these Terms of Use. The Company shall not be liable for any termination or suspension of your Membership or blocking of access.

(B) As a registered user, you may terminate your Membership at any time by emailing [email protected]. However, rights related to your use of the Software will remain applicable even after termination.

(C) Suspension or termination does not affect your obligations under these Terms of Use. Provisions that should survive termination, such as rights, licenses, indemnities, disclaimers, limitations on liability, and choice of law, will remain in effect.

Amendment; Additional Terms

(A) We reserve the right to modify or discontinue any aspect of the Website or these Terms of Use at any time. We may also provide additional terms governing your use of the Website.

(B) Additional Terms will be incorporated into these Terms of Use and will control in case of conflict.

(C) Modifications or Additional Terms will be effective immediately upon notice. Your continued use of the Website signifies acceptance of these changes. If you object, you may terminate your Membership or discontinue use of the Website.

Miscellaneous

(A) Severability: Invalidity of any portion of this Agreement does not affect the validity of the remaining provisions.

(B) No Waiver: Failure to enforce any term of this Agreement does not waive the right to enforce it later.

(C) Notices: Notices must be in writing and sent by certified or registered mail.

(D) Entire Agreement: This Agreement constitutes the entire agreement between the parties.

(E) Assignment of Rights: Rights are personal and cannot be transferred without consent, except the Company may assign its rights without your consent.

Privacy Statement

(A) When accessing our Website, we collect certain information for statistical purposes and to improve the site.

(B) If you provide personal information via email or the Software, it will be used to respond to your message.

(C) We use software to create summary statistics for site assessment.

(D) For security, we monitor network traffic to identify unauthorized activities.

(E) We do not collect personally identifiable information unless you provide it. Such information is not transferred to third parties without approval.

(F) California Privacy Rights: California residents can request information about third-party disclosures of personal information for marketing purposes once per year.

(G) Third-Party Ad Networks: Third parties may set and access cookies to deliver targeted advertisements and track user behavior.

(H) Public Forums: Information shared in public forums is not protected by this Privacy Policy and may be collected by third parties.

(I) Keeping Your Information Secure: We implement security measures to protect your information but cannot guarantee complete security.

(J) Other Sites; Links: We are not responsible for the privacy practices of third-party websites linked on our site.

(K) Contact and Opt-Out Information: Contact [email protected] to update your information, opt-out of communications, or withdraw consent for sharing your information.

(L) No Summary Applies: This Privacy Policy, along with the SPP and SSA, is the sole statement of our privacy practices.

Affiliate Consent to Receive SMS/MMS Notifications

By providing your mobile number, you agree that SETC Pros may send you periodic SMS or MMS messages containing but not limited to important information, updates, deals, and specials.   Message and data rates may apply.   You will receive up to 6 messages per month.   You may unsubscribe at any time by texting the word STOP to 771-244-2056. You may receive a subsequent message confirming your opt-out request. Though SETC Pros will never charge you for the text messages you receive, depending on your phone plan, you may see some charges from your mobile provider. Please reach out to your wireless provider if you have questions about your text or data plan.

Privacy Policy

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes.  All the above categories exclude text messaging originator opt-in data consent: this information will not be shared with any third parties

5. Contact Information

For any questions or concerns regarding this policy, clients may contact us at:

• Phone:  (833) 738-2776
• Email: [email protected]
• Address: 1717 Pennsylvania Avenue NW
                  10th Floor
                  Washington, D.C. 20006

By engaging our services, clients acknowledge and agree to this non-refund policy. We appreciate your understanding and cooperation.

By using this website, you signify your acceptance of these terms. If you do not agree to these terms, please do not use our website. Your continued use of the website following the posting of changes to these terms will be deemed your acceptance of those changes.