ATTENTION MEMBER: PLEASE DETACH AND RETAIN THIS PAGE FOR YOUR RECORDS
Terms and Conditions
These terms and conditions (these “Terms”) govern the tax preparation services State Employees’ Credit Union (“us,” “we,”
or “SECU”) provide you under SECU’s Low-Cost Tax Preparation Program (the “Program”).
1. Services
. We will prepare your current
federal and eligible state individual income tax returns, and any
prior year tax return(s) we agree to prepare, using information
you submit to us. Except to the extent expressly required by
applicable tax law, we will not audit or otherwise verify the
information you provide us, nor will we be responsible for
expressing an opinion concerning the accuracy of such
information. After you approve the return, we will
electronically file the return unless (i) you request that the return
be filed by mail, or (ii) we try but are unable to electronically
file the return. If we do not electronically file the return, we
will provide you the completed return to timely mail to the
appropriate taxing authority.
2. Limited Scope. The Program is limited to
preparing individual federal and eligible state income tax
returns for SECU, Local Government Federal Credit Union
(“LGFCU”) or North Carolina Press Association Federal Credit
Union (“NCPAFCU”) members whose tax return items satisfy
our eligibility guidelines. The eligible state returns we prepare
and a limited summary of our eligibility guidelines can be found
at www.ncsecu.org/TaxServices/LowCostTaxProgram.html.
We disclaim any obligation to provide tax advice or advisory
services, though we may, in our discretion, make you aware of
tax information we recognize as relevant to your situation. We
reserve the right to (i) amend our eligibility guidelines at any
time, and (ii) refuse to provide services under the Program if we
determine that the preparation of a return is inconsistent with
the Program or otherwise not in our best interests.
3. Fee. You agree to pay us: (i) a $75.00 fee for
preparing your current federal and eligible state tax returns, (ii)
a $25.00 fee for each amendment we prepare to your federal
and eligible state tax returns that we originally prepared, unless
covered by the accuracy promise described below in Section 4,
and (iii) if we agree to prepare your prior year(s) federal and
eligible state tax returns, a fee of $75.00 for each year for which
we prepare the returns (each, a “Fee”). We must receive
payment in full on the Fee before we electronically file your
return or deliver the return to you to file by mail. We will not
electronically file your return or provide a mailable copy
without full payment of the Fee unless SECU offers and you are
eligible for and elect in writing to participate in the Fee From
Refund Option for the Fee. A summary of the eligibility
requirements and rules of the Fee From Refund Option is
available upon request.
4. Accuracy Promise. If we make an error in
preparing your federal or state return that directly results in the
Internal Revenue Service (“IRS”) or the state taxing authority
assessing a penalty or interest based on your federal or state
return that we prepare, we will reimburse you, up to our
limitation of liability, for any resulting penalty or interest you
pay the IRS or the applicable state taxing authority directly
caused by our error. Under no circumstances will we pay any
additional taxes due, or reimburse you for any additional refund
that may have been due to you, as a result of an error. Any
additional taxes due will be your sole responsibility. We will
pay for penalties and interest as described in this Section only
if (i) the penalty or interest is not attributable to your failure to
abide by these Terms (including, but not limited to, Section 5)
or an improper or unsupportable deduction, credit or other tax
position you take, (ii) you notify us within 60 days after you
receive notice from the applicable taxing authority regarding
any potential interest or penalty (the “Notice”) and you provide
us with the Notice and any information we reasonably request,
(iii) you take any action we reasonably request in order to limit
further penalties and interest from accruing, such as filing an
amended return, and (iv) you were not aware of the error when
you filed your return. If we, in our discretion, prepare any
amended return(s) on your behalf as a result of our error, such
amended returns shall be limited to the three (3) year period
immediately preceding the then-current filing year. THIS
SECTION STATES OUR ENTIRE OBLIGATION AND
LIABILITY, AND YOUR SOLE AND EXCLUSIVE
REMEDY, FOR ANY ERRORS IN YOUR RETURN
CAUSED BY US.
5. Your Responsibilities
. You agree to provide
us complete, accurate and timely information necessary to
prepare your tax return. You promise that all the information
you submit to us to prepare your tax return is true, accurate and
complete and includes all income, deductions and other
information necessary to correctly prepare your tax return. If
you become aware that any information you provided us is
incorrect or incomplete in any respect, you must immediately
notify us in writing. You are ultimately responsible for the
accuracy of your tax return.
6. Records Retention. You are responsible for
maintaining the records necessary to support any claimed
income, deductions, credits and other information relating to
your tax return.
7. LIMITATION OF LIABILITY. WE WILL
NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE
DAMAGES, REGARDLESS OF WHETHER YOU
INFORMED US OF THE POSSIBILITY OF SUCH
DAMAGES. CONSEQUENTIAL DAMAGES INCLUDE,
FOR EXAMPLE, LOST PROFITS, LOST REVENUES, AND
LOST BUSINESS OPPORTUNITIES. IN NO EVENT
SHALL OUR AGGREGATE LIABILITY EXCEED
$10,000.00.
8. Miscellaneous. These Terms, and your and
our rights under these Terms, shall be governed and interpreted
in accordance with North Carolina law. The exclusive venue
for any dispute relating to these Terms shall lie in Wake County,
North Carolina. These Terms constitute our entire agreement
with you regarding our responsibilities under the Program and
supersede any other agreements. Any amendment to these
Terms must be in writing and signed by the party charged. We
may delay or waive the enforcement of any of our rights under
these Terms without losing that right or any other. A
determination that any part of these Terms is invalid or
unenforceable will not affect the remainder of these Terms.
You may not assign these Terms.
Nov. 2019
ATTENTION MEMBER: PLEASE DETACH AND RETAIN THIS PAGE FOR YOUR RECORDS