BUSINESS MEMBERSHIP PROGRAM AGREEMENT
This Membership Agreement is entered into and made effective when submitted between Client and Provider. The Provider is YT Phoenix Enterprises, Inc., also known as Rising Business Solutions, with an address of 900 Commonwealth Pl 202, Virginia Beach, VA 23464.
ARTICLES
YT Phoenix Enterprises, Inc. shall furnish to Client one of the membership services below - based on what the client purchases.
ARTICLE 1 – TERMS OF SERVICE
STARTER MEMBERSHIP PLAN: Tax Return and Year-Round Tax Support
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- Tax Returns: We will submit an accurate tax filing with you that optimizes your return.
- IRS Tax Audits: We will help you with IRS tax audits for this and last year's returns.
- Tax Support: You can call support with tax issues or questions year-round.
BRONZE PLAN: Budgeting and Expense Coaching
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- Tax Plan: We will help you to develop a tax plan.
- Tax Return: We will help you to submit an accurate and optimized your tax return.
- IRS Tax Audits: We will assist you with IRS tax audits for this and last year's returns.
- Year-Round Tax Support: We will be available year-round to help you with IRS audits and to answer your tax questions.
SILVER PLAN: Financial Planning and Coaching
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- Financial Plan: We will coach and assist you in developing a financial plan.
- Tax Plan: We will help you to develop a tax plan.
- Tax Return: We help you to submit an accurate and optimize tax return.
- IRS Tax Audits: We will assist you with IRS tax audits for this and last year's returns.
- Year-Round Tax Support: We will be available year-round to help you with IRS audits and to answer your tax questions
GOLD PLAN: Business Monthly Coaching
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- Monthly Coaching: We will virtually meet with you monthly to help you to develop and implement your financial plans, tax plans, and to address any tax questions you have.
- 15% Discount: You will receive 15% off on our accounting and payroll services.
- Financial Plan: We will coach and assist you in developing a financial plan.
- Tax Plan: We will assist you in developing a tax plan.
- Tax Return: We will help you to submit an accurate and optimized tax return.
- IRS Tax Audits: We will assist you with IRS tax audits for this and last year's returns.
- Year-Round Tax Support: We will be available year-round to help you with IRS audits and to answer your tax questions.
ARTICLE 2 – CONDITIONS
The client can terminate the contract if the conditions relating to the selected plan below are not performed.
STARTER MEMBERSHIP PLAN: Tax Return and Year-Round Tax Support
Provider does not adequately attempt to:
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- Help you to submit an accurate and optimized tax filing.
- Assist you with IRS tax audits for this and last year’s returns – as needed.
- Respond to your requests for tax support during contract period.
BRONZE: Budgeting and Expense Coaching
Provider does not adequately attempt to:
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- Help you to establish a budget and provide training on how to save money and effectively track your expenditures.
- Discuss and coach with you on how you can make more money.
- Help you to submit an accurate and optimized tax filing.
- Respond to your requests for tax support during contract period.
STARTER MEMBERSHIP PLAN: Tax Return and Year-Round Tax Support
Provider does not adequately attempt to:
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- Help you to submit an accurate and optimized tax filing.
- Assist you with IRS tax audits for this and last year’s returns – as needed.
- Respond to your requests for tax support during contract period.
BRONZE: Budgeting and Expense Coaching
Provider does not adequately attempt to:
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- Help you to establish a budget and provide training on how to save money and effectively track your expenditures.
- Discuss and coach with you on how you can make more money.
- Help you to submit an accurate and optimized tax filing.
- Respond to your requests for tax support during contract period.
ARTICLE 3 – QUALIFIED
The Provider represents that its representatives are qualified to perform the services and that they possess the necessary licenses and/or permits as may be required.
ARTICLE 4 – PAYMENT TERMS AND CONDITIONS
The payment terms and conditions are legally binding. The client will pay for services performed according to this contract.
The client agrees to a 12 (twelve) month contract and will be responsible for payment of fees to the provider each month. The client will pay one month in advance for services to be rendered.
Fees may be paid via credit card, debit card, third-party payment services, direct deposit, bank transfer, cash, or check.
If fees are not paid when due, the following late charge will be applicable 5%.
ARTICLE 5 – CONFIDENTIALITY
All information and advice furnished by either party to the other shall be treated as confidential and shall not be disclosed to third parties, except as required by law or necessary to carry out designated powers or as granted by the Client.
ARTICLE 6 – OBLIGATION OF CLIENT
The client agrees to provide financial information from time to time. The client also agrees to discuss needs and goals and projected future needs candidly with Provider. Client acknowledges that Adviser cannot adequately perform its services on the Client’s behalf unless Client performs such responsibilities on his/her part and that Provider’s analysis and recommendations are based on the information provided by Client.
ARTICLE 7 – AMENDMENT
This Agreement may be altered or modified only if said amendment is done so in writing, mutually agreed upon, and signed by both Parties.
ARTICLE 8 – TERMINATION OF AGREEMENT
The Client may terminate the contract if the conditions in Article 2 are not met. The Client must provide a written notice to the Provider 30 days before the next billing cycle.
The Provider can terminate the contract for any reason by providing 30-day advance notice.
This Agreement will also immediately terminate upon the death of the Client, the inability of the Client to pay the Fees required, the liquidation, dissolution, or discontinuance of the Organization by the Organization in any manner or filing of any petition by or against the Organization under federal or state bankruptcy or insolvency laws.
ARTICLE 9 – ASSUMPTION OF RISK
Understanding the Limitations of Services
Although our services incorporate historical financial information, past financial performance is not a guarantee or indicator of future results. Moreover, although we believe the historical information and financial planning strategies, we use are reliable, we cannot guarantee them.
The Provider is not responsible for the financial outcomes of the Client in any way, and can not be held responsible for the Client’s financial decisions.
Your Own Decisions
Our services are frameworks to be used in your financial planning, but they are not a substitute for your own informed judgment or decisions. Moreover, they provide only some of the resources that could assist you in making your decisions. You can accept, reject, or modify the recommendations provided by the Provider, and you can consult with other advisors or professionals (at your expense) as you see fit regarding your circumstances.
ARTICLE 10 – REPRESENTATION
Client agrees that they are 18 (eighteen) years of age or older and may legally consent to and enter into this Agreement.
ARTICLE 11 – ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Client and the Provider. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the Parties’ relationship.
ARTICLE 12 – DISPUTE RESOLUTION
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the country and state noted in this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Virginia. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, torn claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes, or regulations. The Parties, in agreement with this Agreement, waive any rights they may have to a jury trial regarding arbitral claims.
ARTICLE 13 – GOVERNING LAWS
This Agreement shall be governed by and construed by the internal laws of Virginia without giving effect to any choice or conflict of law provision or rule. Each Party irrevocably submits to the exclusive jurisdiction and venue of the federal and state court of Provider.
ARTICLE 14 – COUNTERPARTS
This Agreement may be executed in counterparts, all of which shall constitute a single agreement. This Agreement shall be effective as of the date set forth above.
ARTICLE 15 – ATTORNEY FEES
If any legal proceeding is brought for the enforcement of this Agreement, or because of an alleged breach, default, or misrepresentation in connection with any provision of this Agreement or other dispute concerning this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney's fees incurred in connection with such arbitration or legal proceeding. The term “prevailing party” shall mean the party that is entitled to recover its costs in the proceeding under applicable law or the party designated as such by the court.