SCMB, LLC d/b/a E-file Magic Terms of Service
Authorized Agent. An authorized agent is a person or firm that, with the payor's authorization, transmits specific information returns documents to the IRS on behalf of the firm and may match name/TIN combinations on behalf of the payor.
Engagement. Subject to the terms and conditions as set forth in this Agreement, you hereby engage the services of E-File Magic to be your authorized agent to receive certain required information (data) from you for the purpose of providing assistance in your filing of information returns. Our services may include importing, conversion to PDF, TIN matching, and/or converting your data to an acceptable format to electronically file to the IRS. It is your responsibility to provide all the information (data) required for the preparation of a complete and accurate information returns. You represent and warrant that all such information (data) shall be accurate and complete. You further represent the data and information returns to be both legal and valid.
Fees. We require full payment in advance before we begin in our assistance of your information returns. The scope of our service to you, and the cost of such service shall be agreed upon in advance. Please note, that should your information returns require corrections, such corrections are not included in our minimum fee.
Verification, accuracy and professional advice. We do not give legal or tax advice. You should seek such advice from a competent professional. We act solely upon the information provided by you in our transmission. We are not responsible for late fees, errors, omissions or penalties assessed against you, other than those caused directly as a result of our gross negligence, or willful misconduct. We do not audit or make any other verification of the information (data) that you submit, although we may ask you for clarification of some data, however, we have no obligation to do so.
Binding and entire agreement. The whole and entire Agreement of the parties is set forth in this Agreement and the parties are not bound by any agreements, understandings or conditions otherwise than as expressly set forth hereunder.
Indemnification and liability. We are filing as your agents, you represent to us that the information you are requesting we file is correct prior to our filing of your returns. With respect to the data provided, and the returns you request we file on your behalf, you hereby indemnify SCMB LLC dba E-File Magic., and it's contractors, sub contractors, software providers and any and all employees and agents thereof and hold them harmless from any and all losses, costs, liability, damages and expenses arising out of or in connection with the preparation and transmission of any and all of your information returns, provided that this indemnification shall not apply to the extent that such loss, cost, liability, damage or expense arises out of or in connection with our gross negligence, willful misconduct or breach of this agreement.
Confidentiality. We acknowledge that we will be receiving from you confidential and personal information in connection with providing services to you. We shall use such information solely for the purpose of fulfilling our obligations to you under this agreement or as required by law. We acknowledge that such information is your property, is to be held in strict confidence, and shall not be disclosed other than as provided in this agreement. We shall take all steps reasonably necessary to maintain in confidence all such information.
Governing Law. You agree that your use of any service provided by SCMB, LLC d/b/a E-File Magic, this Agreement and any disputes relating thereto shall be governed in all respects by the laws of the State of Oregon. Any dispute relating to this Agreement shall be resolved solely in the state or federal courts located in Portland, Oregon.
Binding and entire agreement.The whole and entire Agreement of the parties is set forth in this document or a previously negotiated Agreement, and the parties are not bound by any agreements, understandings or conditions otherwise than as previously negotiated or as expressly set forth hereunder.