For purposes of this agreement, “You” or “Your” means the person(s) using the website and/or the Service of Prosado.com. “Clients” means the person(s) using the Service for the purpose of submitting RFB’s to select a professional tax preparer. “Service Provider” means the person(s) or firm using this website as a professional tax preparer for the purposes of submitting bids on RFB’s.
2. PROSADO’S SERVICE FOR CLIENTS
Prosado.com allows Clients to submit a RFB for the services of a professional tax preparer including their location and description of tax documents. You can then view the demographics of any tax Service Providers who have bid on the RFB, as well as ratings from past Clients. The Service Providers demographics include education level, years in business and private professional or affiliation with a national franchise. Based on this information, You can decide whether to accept any of the bids submitted by the Service Provider. There are no obligations. A submitted RFB is “active” for 7 days, in which time; Service Providers are able to bid for the job. All bids will remain valid for only 7 days past the ending of the bidding process (14 days in total from when the RFB was submitted). You are able to end the bidding anytime during the 7 days by accepting a bid. You are allowed to have one (1) active RFB at a time. Once You have accepted a bid, You will then see further information about the Service Provider chosen. If You are unsatisfied for any reason, within 2 days for previously rated Service Providers or 4 days for unrated Service Providers, You can terminate the accepted bid and your payment will be refunded minus a $15 cancellation fee.
3. PROSADO’S SERVICE FOR SERVICE PROVIDERS
Prosado.com allows Service Providers to submit bids to provide professional tax preparer service to Clients who have submitted a RFB. As a Service Provider You are able to view the RFB’s submitted to Prosado.com for free. Before being able to submit a bid, You must register with Prosado.com, create a profile, pay the annual Service Provider fee (which is currently $500.00 (Five Hundred Dollars), and have your account verified. Your profile must contain demographics that include, but are not limited to, your education level, years in business, private professional or affiliation with a national franchise and your PTIN (Preparer’s Tax Identification Number). After registering, Prosado.com will verify that You are listed in the IRS’ PTIN database. After positive verification, Your account will become active and You may submit as many and unlimited amounts of bids. Your bid amount includes the preparation of a Federal Tax Return as well as A State Tax Return when applicable. Your annual membership does not begin until after Your account has been verified. Your bid will remain valid for 7 days after the bidding period for the RFB has ended. If a client has accepted Your bid, You are obligated to complete the agreed upon tax return. You are not permitted to cancel your bid except in extreme circumstances as determined by Prosado.com
In connection with Your use of the Service, You warrant that You:
(a) Are above the age of eighteen (18);
(b) Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) Will not post, email, private message, or otherwise make available Content: that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or racially, ethnically or otherwise objectionable; that includes personal or identifying information about another person without that person's explicit consent; that impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
(d) Will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
(e) Will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
5. TERMS FOR PROSADO.COM CLIENT
Prosado.com is not liable for the information content of this site, see paragraph “8” for further information on the content. This includes the information provided by any persons registering as a Service Provider with this site. Prosado.com verifies all Service Providers’ PTIN numbers at the time of their registration. Prosado.com makes no guarantees of the Service Provider’s PTIN standing after that time. The term “Professional” carries no connotation or meaning other than a reference to the user that the Service Provider is registered as a tax preparer. You are under no obligation to select a Service Provider. Your first name and last initial may be posted on the Prosado.com website. If You do select a Service Provider, You are agreeing to have your Name, Phone Number, Address, Email address and other pertinent contact information sent to the Service Provider. By clicking the “accept” button, You are requesting and consenting to the tax preparer contacting You via the above means. You agree to complete the RFB accurately and honestly. For example, if there are more tax forms than You say, the bids you receive will no longer be valid, and the Tax Preparer will not be obligated to complete the work for the price as quoted. Not all Service Providers on this site are Certified Public Accountants (CPA) unless specifically noted. If You are looking only for a CPA, it is recommended that you request only bids from CPA level tax preparers. You further agree, before accepting a bid, to be under the obligation to responsibly and thoroughly examine and assess the Service Provider, make your own judgment, and bear all risks associated with accepting the bid,
No legally binding relationships are formed on Prosado.com. You have no obligation to select a Service Provider, or select a Service Provider based on the bids you receive. There is no guarantee as to the number of bids You will or will not receive. Your contact information will not be shared without consent. Your RFB will remain active for 7 days. After another 7 days, when the bidding process is over, all bids will remain valid for 7 more days. After that time, all bids become null and void. If after accepting a bid and contacting the Service Provider you chose, You decide for any reason that you are not comfortable with this Service Provider, You may cancel the bid within 2 days of accepting the bid (4 days for any Service Provider not yet star rated) and get Your money back, minus a $15.00 (Fifteen Dollar) cancellation fee. You agree to mark Your job complete in a timely matter when Your tax return is completed, not based on the outcome of Your tax return.
6. TERMS FOR SERVICE PROVIDERS
In addition to agreeing to all other terms found in this agreement, Service Providers agree that all information they registered with and that is included in their profile is accurate. You must provide valid and accurate experience. Any false and misleading information provided as to Service Provider experience will result in your removal from Prosado.com. In which case any monies paid for the annual fee will be forfeited. All Service Providers must have a valid PTIN (Preparer Tax Identification Number). If you do not have a valid PTIN, you are not authorized to use this site as a Service Provider. Certified Public Accountants (CPAs) must comply with all applicable laws and rules governing the profession in their state. All CPAs who designate themselves as such, must be licensed by their state's licensing department and have an active license number and be a member in good standing. If at any time the status of your license is in question, immediately discontinue use of Prosado.com. Further, if at anytime there has been change in your status as a tax service preparer, you must notify Prosado.com immediately. If a change occurs to your status as a tax service preparer and you do not notify Prosado.com, you are not authorized to continue to use this site. By registering as Service Provider for this site, you are affirmatively representing and warranting that there are no outstanding, current, or impending legal claims that impair your ability to conduct business against yourself or your firm. If a legal claim that impairs your ability to conduct business is initiated against you after registration on Prosado.com, you must notify Prosado.com immediately. By using this site, Service Providers agree to undertake the risk that a potential conflict may arise which may require them or their firm to disqualify themselves from the representation of a potential, current, or future Client. Your first name & last initial may be posted on the Prosado.com website. Service Providers are obligated to complete the tax return if their bid is accepted. Only under extreme circumstances will Prosado.com evaluate a situation that the Service Provider can cancel their bid. In the case of recurring bid cancellations, Prosado.com reserves the right to terminate a Service Provider’s membership without any refund of annual fees. Prosado.com does not guarantee as to the number of bids you place that will or will not be accepted. The annual membership fee is NONREFUNDABLE/NON CANCELABLE.
By using Proasado.com, the parties to this Agreement, agree and guarantee that they shall not by-pass, compete, avoid, circumvent, or attempt to circumvent Prosado.com relative to the commission for the service provided, including utilizing any of the information or by otherwise exploiting or deriving any benefit from the information gained by access to this site. The parties to this Agreement will refrain from soliciting business and contracts from sources not their own that have been made available to them through this Agreement, without the express permission of Prosado.com, who made the original introduction. In the event of circumvention of Prosado.com, any and all Clients and Service Providers who use this website, agree and guarantee that they will pay a legal monetary penalty that is equal to the maximum commission or fee that Prosado.com should have realized in such transactions, including but not limited to all legal expenses and costs incurred to recover the lost revenue, by the party(s) engaged in the circumvention of each occurrence.
FOR CLIENTS: The service of connecting You to the best Service Provider for You through Prosado.com is free. Once You accept a bid, You will need to complete your credit card information. The agreed upon price will then be charged. Prosado.com will hold on to the fee until both the You and the Service Provider mark the job as complete and all obligations have been fulfilled, in which time, Prosado.com will forward the fee to the Service Provider. Once all services have been completed, you are required to promptly mark the job complete.
FOR SERVICE PROVIDER: It is free to search through the RFB’s. Once you find an RFB you are interested in, you must join, register and create a profile. There is an annual $500.00 (Five Hundred Dollar) fee to bid. With your annual fee, you are able to bid on unlimited RFB’s for the year. If your bid is accepted you must then fill out your banking information so your accepted fee can be transferred into your account (less a 10% service fee, minimum $15.00 (Fifteen Dollars) after both parties mark the job complete.
You understand that all postings or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email, message or otherwise make available via Prosado.com. Prosado.com does not guarantee the accuracy, integrity, quality, or appropriateness of any Content transmitted to or through the Service. Prosado.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is inaccurate or misleading. You are under the obligation to reasonably assess all Content for accurateness, make your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content. Furthermore, the Prosado.com site and Content available through the Service may contain links to other websites, which are completely independent of Prosado.com. Prosado.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Prosado.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, messaged, emailed or otherwise made available via the Service. You acknowledge that Prosado.com does not pre-screen or approve Content, but that Prosado.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Agreement or for any other reason.
You automatically grant and assign to Prosado.com, and you represent and warrant that you have right to grant assign to Prosado.com, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including without limitation, incorporating into other works) and otherwise use any Content you post. In addition, by providing Prosado.com with Content, You Automatically grant Prosado.com all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our website by any other party.
10. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Prosado.com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF OR ACCESS TO Prosado.com OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF Prosado.com OR THE SERVICE, FROM INABILITY TO USE Prosado.com OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF Prosado.com OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH Prosado.com OR THE SERVICE OR ANY LINKS ON Prosado.com AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH Prosado.com OR THE SERVICE OR ANY LINKS ON Prosado.com. Prosado.com IS NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR THE OUTCOME OR COST OF YOUR TAX RETURN OR FOR THE QUALITY OF THE WORK OF THE TAX PREPARER PURCHASED OR OBTAINED AS A RESULT OF USE OF THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the limitation may not apply to you. After connecting the customer with the tax preparer they selected (exchanging their information), Prosado.com makes no additional warranties.
11. THIRD PARTY CONTENT, SITES, AND SERVICES
The Prosado.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Prosado.com, including web sites, and the Internet as a whole. Such links are provided your convenience and reference only. Prosado.com does not operate or control in any respect any information, software, products or services on such websites. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Prosado.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Prosado.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Prosado.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
12. TRADEMARK AND SERVICE NOTES
Prosado.com is a registered trademark of Prosado.com, LLC. Other product and company names mentioned herein, including the names of Service Providers, may be the trademark of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Website, without the prior written permission of Prosado.com or the applicable Mark holder specific for each such use. The Marks may not be used to disparage Prosado.com, the Service Providers, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by Prosado.com in writing.
You acknowledge that Prosado.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Prosado.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Prosado.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Prosado.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Prosado.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Prosado.com believes that you have acted inconsistently with the letter or spirit of the Agreement. Further, you agree that Prosado.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
As a condition of use of this website, You agree to indemnify and hold Prosado.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable Professional fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Agreement your breach of any of the representations and warranties herein, or your violation of any rights of another.
17. OTHER PROVISIONS
The Agreement and the relationship between you and Prosado.com shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Prosado.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Suffolk, New York. The terms and condition of the Agreement constitute the entire agreement between you and Prosado.com and govern your use of the Service. The failure of Prosado.com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.