Terms of Service

ACA COMPLIANCE SERVICES, INC TERMS OF SERVICE FOR CIMPLXACA.COM

ACA COMPLIANCE SERVICES, INC TERMS OF SERVICE FOR CIMPLXACA.COM

Thank you for selecting the Services offered by ACA Compliance Services, Inc. and/or its subsidiaries and affiliates (referred to as “ACA Compliance Services, Inc.”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and ACA Compliance Services, Inc. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.

This Agreement describes the terms governing your use of the ACA Compliance Services, Inc. online services provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference:

ACA Compliance Services, Inc.’s Privacy Statement provided to you in the Services available on the website or provided to you otherwise.

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.

YOUR RIGHTS TO USE THE SERVICES

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 ACA Compliance Services, Inc. ACA Compliance Services, Inc. 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, ACA Compliance Services, Inc. grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

You agree not to use, nor permit any third party to use the Services or content 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, deconstruct, sell, trade or resell the Services.

Make the Services available on any file-sharing or application hosting service.

PAYMENT

For Services offered on a payment or subscription basis, the following terms apply, unless ACA Compliance Services, Inc. notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.

You must pay with one of the following.

A valid debit or credit card acceptable to ACA Compliance Services, Inc.;

By another payment option ACA Compliance Services, Inc. provides to you in writing.

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.

If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, 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.

ACA Compliance Services, Inc. will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.

Additional cancellation or renewal terms may be provided to you on the website for the Services.

USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

ACA COMPLIANCE SERVICES, INC. MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;

ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND

ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

YOUR PERSONAL INFORMATION

You can view ACA Compliance Services, Inc.’s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable ACA Compliance Services, Inc. Privacy Statement, and any changes published by ACA Compliance Services, Inc. You agree that ACA Compliance Services, Inc. may use and maintain your data according to the ACA Compliance Services, Inc. Privacy Statement, as part of the Services. You give ACA Compliance Services, Inc. permission to combine identifiable and non-identifiable information you enter or upload for the Services with that of other users of the Services and/or other ACA Compliance Services, Inc. services. For example, this means that ACA Compliance Services, Inc. may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users.

YOU ARE RESPONSIBLE FOR YOUR CONTENT

You are responsible for all materials (“Content”) uploaded, posted or stored through your use of the Services. You grant ACA Compliance Services, Inc. a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. ACA Compliance Services, Inc. is not responsible for the Content or data 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 or transmit any of the following, including but not limited to:

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 would encourage “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 constitutes a breach of any individual’s privacy;

Except as permitted by ACA Compliance Services, Inc. in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;

Virus, trojan horse, worm or other disruptive or harmful software or data; and

Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.

ACA Compliance Services, Inc. may freely use feedback you provide.

You agree that ACA Compliance Services, Inc. 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 ACA Compliance Services, Inc. a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to ACA Compliance Services, Inc. in any way.

ACA Compliance Services, Inc. may monitor your Content.

ACA Compliance Services, Inc. may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect ACA Compliance Services, Inc. or its customers, or operate the Services properly. ACA Compliance Services, Inc., in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

ADDITIONAL TERMS

ACA Compliance Services, Inc. does not give professional advice.

Unless specifically included with the Services, ACA Compliance Services, Inc. is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

We may tell you about other ACA Compliance Services, Inc. services.

You may be offered other services, products, or promotions by ACA Compliance Services, Inc. (“ACA Compliance Services, Inc. “). Additional terms and conditions and fees may apply. With some ACA Compliance Services, Inc. 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 ACA Compliance Services, Inc. permission to use information about your business and experience to help us to provide the ACA Compliance Services, Inc. Services to you and to enhance the Services. You grant ACA Compliance Services, Inc. permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant ACA Compliance Services, Inc. permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

COMMUNICATIONS

ACA Compliance Services, Inc. may be required by law to send you communications about the Services. You agree that ACA Compliance Services, Inc. may send these communications to you via email or by posting them on our websites

You will manage your passwords and accept updates.

You are responsible for securely managing your password(s) for the Services and to contact ACA Compliance Services, Inc. if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES, SOFTWARE, 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, ACA COMPLIANCE SERVICES, INC., 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 OR CONTENT IN OR LINKED TO THE SERVICES. ACA COMPLIANCE SERVICES, INC. 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.

LIMITATION OF LIABILITY AND INDEMNITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF ACA COMPLIANCE SERVICES, INC., ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, ACA COMPLIANCE SERVICES, INC., ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET ACA COMPLIANCE SERVICES, INC. SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF ACA COMPLIANCE SERVICES, INC. AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF ACA COMPLIANCE SERVICES, INC., ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold ACA Compliance Services, Inc. and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). ACA Compliance Services, Inc. reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by ACA Compliance Services, Inc. in the defense of any Claims.

CHANGES

We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.

TERMINATION

ACA Compliance Services, Inc. may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect ACA Compliance Services, Inc.’s rights to any payments due to it. ACA Compliance Services, Inc. may terminate a free account at any time.

EXPORT RESTRICTIONS

You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.

GOVERNING LAW

South Carolina state law governs this Agreement without regard to its conflicts of laws provisions.

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 South Carolina law to all other matters. 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 ACA COMPLIANCE SERVICES, INC. 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 ACA Compliance Services, Inc. Inc., PO Box 573, 331 E. Main St., Suite 400, Rock Hill, SC 29730. 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, but if you are unable to pay any of them, ACA Compliance Services, Inc. will pay them for you. In addition, ACA Compliance Services, Inc. will reimburse all such fees and costs for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. Likewise, ACA Compliance Services, Inc. will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. 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 14 shall survive expiration, termination or rescission of this Agreement.

GENERAL

This Agreement, including the Additional Terms below, is the entire agreement between you and ACA Compliance Services, Inc. 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 cannot assign or transfer ownership of this Agreement to anyone without written approval of ACA Compliance Services, Inc.. However, ACA Compliance Services, Inc. may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by ACA Compliance Services, Inc. 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 ACA Compliance Services, Inc. via an email to: transfer@cimplx.com.

ADDITIONAL TERMS AND CONDITIONS FOR THE CIMPLXACA.COM REPORTING SERVICES

Your use of the Services provided by ACA Compliance Services, Inc. are 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.

LICENSE GRANT AND RESTRICTIONS

Number of Returns. You may use the Services solely to prepare valid IRS 1094-B/1094-C and 1095-B/1095-C return(s) for which you have paid the applicable fee(s), and after proper registration and any applicable payment, to file electronically and/or print such federal tax return.

Number of Returns. You may use the Services to prepare and file returns as required for each TAX YEAR and EIN combination you purchase. After proper registration and payment is made, you may file such returns electronically or by printing and mailing them to the IRS.

SERVICES

  • Electronic Filing ServicesIf you choose to file your return electronically, the tax return will be forwarded to ACA Compliance Services, Inc.’s Electronic Filing Center, where it will be converted to and stored in a standardized format, and then transmitted to the applicable federal and/or state taxing authority. You are responsible for verifying the status of your return to confirm that it has been received and accepted by the applicable taxing authority You agree to review your tax return for indications of obvious errors before electronically filing or mailing it. To the extent required by applicable law and regulation, ACA Compliance Services, Inc. stores and maintains information that you provide to ACA Compliance Services, Inc..
  • CimplxACA.com PricingThe price for your use of the Service is established at the time you pay for it. Your price will not change once you pay for your Service.
  • Import ServicesYou may be offered the ability to import data from other sources. You are responsible for verifying the accuracy of all information that is imported.
  • Tax AdviceThe Services may include a feature that connects you to an ACA Compliance Services, Inc. Consulting service to obtain answers to most filing questions. If you choose to use it, you understand and agree that neither ACA Compliance Services, Inc. nor the ACA Compliance Services, Inc. Consulting service advisor will sign your tax return as the paid preparer of the return. Service levels and availability will vary based on demand and capacity and are subject to change without notice. To ensure a good experience and appropriate levels of coverage for everyone using the service, the filing expert may terminate the communication at his/her sole discretion after 20 minutes, or if it is otherwise determined that you are misusing or unnecessarily extending the duration of the communication. The full terms and conditions governing the ACA Compliance Services, Inc. Consulting service will be available on the web site, and by accessing and using the Consulting service, you agree to be bound by those terms and conditions, which supplement, and supersede where inconsistent, this Agreement. Fees may apply.
  • Amended ReturnsYou can file a corrected return for tax years 2015, through the Services, as permitted by the IRS and supported by ACA Compliance Services, Inc..

HELP AND SUPPORT

ACA Compliance Services, Inc. may use a variety of methods (e.g., in-product, Internet, e-mail, chat, fax 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 ACA Compliance Services, Inc. from time to time. Consult the CimplxACA.com Online Help and Support web site for the most up-to-date information relating to this support and any associated charges.

USER ID AND PASSWORD SECURITY

You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password. You are responsible for the use of the Services under your user ID. If you have not electronically filed or printed your tax return, you must create a user ID and password in order for you to access your tax return data at a later date.

PRIVACY OF PERSONAL AND TAX RETURN INFORMATION

At ACA Compliance Services, Inc. we place the highest importance on respecting and protecting the privacy of our customers. Our most important asset is our relationship with you. We want you to feel comfortable and confident when using our products and services and with entrusting your personal and tax return information to us. Our full CimplxACA.com Privacy Statement can be found on the CimplxACA.com website. To contact us with a question, visit our website or write to us at: Privacy Team, ACA Compliance Services Inc., PO Box 573, Rock Hill, SC 29730.

You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer or tax files.

LIMITATION OF LIABILITY AND DAMAGES

YOU UNDERSTAND THAT ACA COMPLIANCE SERVICES, INC. WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE,

EXCEPT FOR THE REIMBURSEMENT FOR CALCULATION ERRORS DESCRIBED IN THESE SUPPLEMENTAL TERMS, THE ENTIRE CUMULATIVE LIABILITY OF ACA COMPLIANCE SERVICES, INC. AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED AS SET FORTH IN THE GENERAL TERMS.

ACA COMPLIANCE SERVICES, INC. SHALL NOT BE LIABLE FOR LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, INABILITY TO FILE YOUR RETURN, DELAY IN PREPARING YOUR RETURN, INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO ACA COMPLIANCE SERVICES, INC., ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON.

ACA COMPLIANCE SERVICES, INC. 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.

MISCELLANEOUS MATTERS

You agree that ACA Compliance Services, Inc. is not acting as your agent or fiduciary in connection with your use of the Software or any Services.

You can contact ACA Compliance Services, Inc. Inc. by mail at ACA Compliance Services, Inc, PO Box 573, Rock Hill, SC 29730 or by calling 844-234-0852 if you have a question or concern about any product or service we sell over the Internet.