Wealth Guard Financial
PTIN Silver Partnership
Network Service Agreement
This agreement is between the Participating PTIN and Wealth Guard Financial.
1.Duties and Responsibilities
1. Wealth Guard Financial’s Provision of Products and Services
Wealth Guard Financial agrees to provide PTIN with the following:
(a) Tax Software
Access to tax preparation software covering all 50 states, the current tax year, and up to five (5) prior years.
PTIN is granted a personal, non-exclusive, non-transferable license to use the software solely for its internal tax preparation and data processing needs in servicing its customers.
The software may not be used outside the scope of this license. PTIN may not provide outsourcing services to third parties, operate in a service bureau environment, or share access with unauthorized parties.
PTIN shall keep the software and all related documentation strictly confidential and may not modify, alter, translate, reverse engineer, decompile, disassemble, or create derivative works of the software.
PTIN agrees to cooperate with Wealth Guard Financial in protecting and upholding Wealth Guard Financial’s proprietary rights in the software.
(b) Bank Products
Access to bank products to be used in conjunction with PTIN’s tax return filings, including but not limited to refund transfers.
PTIN acknowledges that these products are offered through participating financial institutions (“Participating Banks”) under agreements between Wealth Guard Financial and such banks.
All associated fees (“Bank Fees”) are set by the Participating Banks and not by Wealth Guard Financial.
(c) Electronic Record Storage
Secure storage of client tax records in compliance with applicable regulations.
(d) Training
One-on-one training on both software usage and applicable tax law updates.
(e) Technical Support
Live-person technical support, available 24/7 during tax season.
(f) Personal Coaching
A dedicated personal coach to assist with operational and professional development.
(g) Marketing Support
A tailored marketing plan and strategy to help PTIN grow their tax practice.
(h) Office Set-Up Counsel
Guidance and recommendations for establishing and structuring PTIN’s office operations.
2. PTIN Duties and Responsibilities
PTIN hereby agrees to:
(a) Operate under this Agreement for at least one (1) tax season.
(b) Obtain and maintain a valid Preparer Tax Identification Number (PTIN) from the IRS.
(c) PTIN agrees to file under the EFIN of Wealth Guard Financial.
(d) Abide by all guidelines, policies, and compliance requirements set forth by Wealth Guard Financial.
(e) Be solely responsible for the hiring, management, and payment of any staff or personnel engaged in PTIN’s tax practice.
(f) Secure and pay for all local licenses, permits, taxes, and fees required by law to operate a tax preparation business.
(g) Use only the PTIN and/or EFIN provided by the IRS that has been disclosed to Wealth Guard Financial or issued to PTIN under Wealth Guard Financial’s oversight.
(h) Exclusively use Wealth Guard Financial’s systems and infrastructure to electronically file and transmit all tax returns.
(i) Submit and transmit all bank product applications exclusively through Wealth Guard Financial for processing with Participating Banks.
3. Confidentiality and Compliance
PTIN agrees to maintain strict confidentiality regarding all proprietary information, client data, and Wealth Guard Financial intellectual property. PTIN shall comply with all applicable federal, state, and local laws, as well as IRS regulations, in the performance of its duties.
2. Wealth Guard Entry Pro Program
Wealth Guard Financial offers PTIN holders the option to participate in the Wealth Guard Entry Pro Program (“EntryPro”). This program provides professional data entry services performed by a designated Tax Entry Specialist on PTIN’s client tax files.
Program Terms:
Scope of Services.
The Tax Entry Specialist will perform data entry only on PTIN’s client tax returns.
PTIN’s name and IRS-issued PTIN will remain assigned to all tax returns filed.
PTIN retains full responsibility for accuracy, review, and compliance of all returns.
Fees.
The fee for EntryPro services is $50 to $75 per return, depending on complexity and scope.
This fee is due regardless of whether the client’s return is funded or unfunded.
Fees will be deducted directly from the associated banking product used for the client’s return.
Responsibilities.
PTIN must ensure that all required client information and documents are submitted accurately and timely for processing.
Acknowledgment.
By enrolling in EntryPro, PTIN acknowledges that they are engaging Wealth Guard Financial solely for data entry support and that PTIN remains the preparer of record on all tax returns.
3. Software Pricing
Software Fee: $300 monthly for 3 months starting February 2025 (The month of January is free). Reduce monthly rate to $200 after the 3rd month, starting May 2025.If no tax returns are filed in a given month and the software is not used, no monthly fees will be charged.
Sign-Up Fee
New Tax Preparer: $150.00
Returning Tax Preparer: $100.00
4. Quota Discount
A. To qualify for Software 30% Discount Pricing, the PTIN must obtain a Quota of 50 Federal Funded Bank products by May 30, 2025 of the applicable tax season. If PTIN does not meet the Quota, they will be responsible for the retail cost of the software (the difference).
5. Revenue Sharing and Fees
Bank Product Returns. Wealth Guard Financial agrees to pay PTIN 65% of the actual tax preparation fees, from PTIN's customers for each “Bank Product Return.” A Bank Product Return is a tax return prepared for a customer wherein the customer elects not pay for the Tax Preparation Fee in advance and, instead, empowers the Bank to obtain any tax refund money from the IRS and to pay all applicable fees due and owing which include: a Tax Preparation Fee, a Bank Set-up Fee, a Transmitter Fee, a Technology Fee, and a Service Bureau Fee. PTIN will be paid their portion of the Tax Preparation Fee by ACH transfer (bank-to-bank) every day as the tax returns fund. The Parties understand and agree Bank Set-up, Transmitter, Technology, and Service Bureau Fees are excluded from Revenue Sharing as these fees are withheld directly from the taxpayer’s tax refund.
Non-Bank Product Returns. For all returns where the customer pays the tax preparation fee in advance, PTIN can charge the customer a minimum of $550 up to $9,999, the market will bear but PTIN shall pay Wealth Guard Financial. A fee of 35% per return, which is due immediately upon collection. There are two types of Non-Bank Product Returns: “Paper Returns” and “Electronically Filed Returns.” A paper return is a tax return where the customers pay the tax preparation fee in advance and the return is printed (ergo, “paper”) and mailed to the IRS. An Electronically filed return is a tax return where the customer pays the tax preparation fee in advance and the tax return is electronically filed with the IRS. The Parties understand and agree bank, transmittal, technology, and service bureau fees are excluded from Revenue Sharing.
6.Cancellation.
Either Wealth Guard Financial or PTIN may cancel this Agreement upon at least thirty (30) days written notice to the other party. Wealth Guard Financial may cancel this Agreement upon occurrence of any one or more of the following events (each of which PTIN acknowledges is good cause for termination and a material breach of this Agreement), notwithstanding that Wealth Guard Financial may, in its sole discretion, give a longer notice or elect not terminate: (i) a willful and material breach of any term of this Agreement; (ii.) Affiliate is adjudicated bankrupt or insolvent and PTIN makes the retail tax preparation business an assignment for the benefit of creditors or makes similar disposition of the as retail tax business; (iii.) The PTIN is convicted of or pleads guilty or no contest to any felony charge of violating any law relating to the retail tax preparation business. PTIN may cancel this Agreement for any reason. No entry fee paid to Wealth Guard Financial shall be refundable due to cancellation of Agreement by either party. Cancellation by either party does not void or modify any other part of this Agreement which remain in effect.
7. Attorney’s Fees.
In the event legal action is properly commenced in court by either party to enforce this Agreement or to determine the rights of any party including any appeal proceeding, the substantially prevailing party, in addition to any other remedy, shall be entitled to receive its reasonable attorney’s fees and costs, including expert fees and fees on appeal.
8.Term of Agreement
A. The term of this agreement shall be for one year from the date of this agreement and there shall thereafter renew for one year periods (“Renewal Term”) at the end of the initial term and each renewal term unless PTIN gives Wealth Guard Financial written notice that the agreement shall not renew at least 45 (forty five) days prior of that “Initial Term” or “Renewal Term”. Wealth Guard Financial reserves the right to re-negotiate this agreement after the “Initial Term” and each occurring “Renewal Term”.
9. Confidentiality
A. PTIN and Wealth Guard Financial expressly agree that this Agreement and all software, documentation and materials provided by either party is to be treated with the same confidentiality as either party would treat its own such material.
10. Governing Law
A. This Agreement shall be construed in accordance with the laws of the State of Texas and any action commenced hereunder to construe or enforce this Agreement shall be commenced in a court of competent jurisdiction located in the State of Texas.
11. General
A. Client understands and agrees that the prevailing bank processing fee shall apply on all Taxpayer Bank Applications and its systems. This Agreement shall not be modified or altered by written instrument duly executed by authorized representatives of both parties. If any provision of this Agreement is held invalid or otherwise unenforceable, the unenforceability of the remaining provisions shall not be impaired thereby. The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. Headings are for the convenience of the parties and shall not be used to construe the terms and conditions of the Agreement.
12. Acknowledgement
A. PTIN acknowledges that Wealth Guard Financial utilizes a third-party bank to consummate bank transactions. To be eligible for funded bank product rebate incentive, client agrees to utilize REFUND ADVANTAGE/SBTPG as their processing bank. Bank application fees may change and is determined by the bank. Wealth Guard Financial has no control of the bank app pricing. Client agrees to explain these fees to its Customers and obtain approval from its Customers for the transaction. Wealth Guard Financial will not be held liable to the Client or any third party for any miss-communication regarding the terms of the services commitment. Wealth Guard Financial has no control over bank application pricing and pricing is subject to change depending on each banks pricing structure for the year.
13. Independent Contractor Status
PTIN acknowledges and agrees that:
Non-Employee Relationship. PTIN is engaged with Wealth Guard Financial as an independent contractor and not as an employee. Nothing in this Agreement shall be construed to create an employer–employee relationship, partnership, or joint venture between Wealth Guard Financial and PTIN.
No W-2 Status. PTIN understands that they will not receive a W-2 form from Wealth Guard Financial. Instead, PTIN will receive a Form 1099 reflecting the compensation earned under this Agreement, if required by law.
Tax Responsibility. PTIN is solely responsible for reporting and paying all applicable federal, state, and local income taxes, self-employment taxes, and any other required tax obligations arising from compensation earned through this Agreement. Wealth Guard Financial will not withhold or remit any taxes on PTIN’s behalf.
No Benefits. As an independent contractor, PTIN is not eligible for employee benefits offered by Wealth Guard Financial, including but not limited to health insurance, retirement plans, unemployment insurance, or workers’ compensation coverage.
Compliance. PTIN agrees to comply with all tax laws, reporting requirements, and other legal obligations applicable to independent contractors.
Warranty and Limitation of Liability
ALL DAMAGES FOR LOSSES ARE LIMITED TO THE COST OF PRODUCTS AND SERVICES PURCHASED. IN NO EVENT WILL Wealth Guard Financial, OR ANY OF ITS AFFILIATES OR SUBSIDIARIES, BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND LOSS OF USE, ARISING IN CONNECTION WITH THIS SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR SYSTEM FAILURE, EVEN IF Wealth Guard Financial ,OR AFFILIATES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. ALL SALES ARE FINAL, UNLESS INELIGIBLE FOR THE SOFTWARE PROGRAM. PLEASE REACH OUT TO MANAGEMENT PRIOR TO DISPUTING WITH BANK TO RECEIVE DIRECT ASSISTANCE.
Please Upload Drivers License, Social Security Card, (Social Security Card Verification is Needed for background check purposes if deemed necessary).
Wealth Guard Financial
PTIN ASSIST OFFICE OWNER will upload Drivers License Number and Social Security Number via Government Issued Social Security Card to confirm Identity and Background.
Non-Compete Agreement
This agreement is between the Participating PTIN and Wealth Guard Financial (“Company”), and the undersigned contractor (“Contractor”).
WHEREAS, the Company is engaged in the business of Tax Preparation;
WHEREAS, the Company and the Contractor desire to establish a professional relationship whereby the Contractor will perform duties in connection with tax preparation services;
WHEREAS, the Contractor agrees to abide by the terms, conditions, and restrictions set forth in this Agreement;
THEREFORE, in consideration of the mutual covenants and promises contained herein, the Company and the Contractor agree as follows:
1. Non-Competition
For the entire duration of this Agreement and for a period of following termination of the Contractor’s relationship with the Company, and up to one (1) year from the effective date of this Agreement, the Contractor shall not, directly or indirectly, engage in, work for, or provide services to any business that competes with the Company. This restriction applies whether acting as an employee, officer, director, partner, consultant, contractor, agent, or owner, or in any other capacity with a competing company.
2. Contractor ACKNOWLEDGEMENTS. The Contractor acknowledges that they have been provided with the opportunity to negotiate this agreement, have had the opportunity to seek legal counsel before signing this agreement, and that the restrictions imposed are fair and necessary for the Company’s business interests. Finally, the contractor agrees that these restrictions are reasonable and do not constitute a threat to their livelihood.
3. APPLICABLE LAW. This agreement and its interpretation shall be governed by the laws of the United States.
Brittany Gibbs
Founder/CEO
Wealth Guard Financial
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