These Terms of Use (“Terms”) constitute a legally binding agreement between you and Benchmark Tax Services, LLC (“Benchmark,” “Benchmark Tax Services,” “Company,” “we,” “us,” or “our”) governing your access to and use of www.benchmarktaxservices.com, including its webpages, blog, forms, scheduling features, payment features, client access links, digital resources, and other functionality made available through the website (collectively, the “Website”).
Please read these Terms carefully before using the Website.
By accessing, browsing, submitting information through, or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, do not use the Website.
1. Purpose of the Website
The Website is operated by Benchmark Tax Services, LLC to provide information regarding Benchmark and its professional services and to provide users with access to certain online features and resources.
Benchmark's services may include:
- Individual tax preparation
- Self employed and Schedule C tax preparation
- Business tax preparation
- Bookkeeping
- Tax planning
- Tax consulting
- Related professional services
Information regarding a service on the Website does not constitute an offer or guarantee that Benchmark will provide that service to any particular person or business.
2. Eligibility
You must have the legal capacity to enter into these Terms to use the Website.
If you access or use the Website on behalf of a company, business, or other organization, you represent that you have authority to act on behalf of that organization and bind it with respect to your use of the Website.
3. Informational and Educational Purposes
Website content is provided for general informational and educational purposes.
Nothing published on the Website constitutes individualized:
- Tax advice
- Legal advice
- Accounting advice
- Investment advice
- Financial advice
Tax laws, regulations, administrative guidance, filing requirements, and interpretations may change.
Information published on the Website may therefore become outdated or may not apply to your particular circumstances.
You should consult an appropriately qualified professional regarding your specific situation before acting or refraining from acting based upon general Website content.
4. No Professional Relationship Created
Your use of the Website does not, by itself, establish a professional or client relationship with Benchmark Tax Services.
A client relationship is not created merely because you:
- Visit the Website
- Read Website content
- Complete a contact form
- Submit an inquiry
- Request information
- Subscribe to communications
- Schedule an appointment
- Request an estimate
- Receive an invoice
- Make an inquiry regarding services
- Communicate with Benchmark electronically
A professional engagement exists only when Benchmark has agreed to provide services and any applicable engagement, onboarding, authorization, identification, documentation, and payment requirements have been satisfied.
Benchmark reserves the right to accept or decline engagements to the extent permitted by applicable law and professional requirements.
5. Separate Professional Engagements
These Terms govern use of the Website.
They do not replace any separate engagement agreement, service agreement, authorization, disclosure, consent, invoice terms, estimate terms, or other agreement entered into between Benchmark and a client.
Professional services may be governed by additional terms specific to the service being provided.
If a separate written agreement governing professional services conflicts with these Website Terms concerning those professional services, the applicable written service agreement will control.
6. Tax Preparation Disclaimer
Benchmark may provide tax preparation services pursuant to a separate professional engagement.
Clients are responsible for providing complete, accurate, truthful, and timely information necessary for the preparation of their tax returns.
Benchmark may rely upon information and documentation supplied by clients unless circumstances require additional verification or inquiry.
Clients remain responsible for reviewing their completed returns and confirming the accuracy of the information contained in those returns before signing or authorizing filing.
Benchmark may decline to prepare, complete, sign, or file a return when required information or documentation has not been provided or when Benchmark determines that proceeding would conflict with applicable law or professional obligations.
7. No Guarantee of Tax or Financial Results
Benchmark does not guarantee any particular tax or financial outcome.
Benchmark makes no promise or guarantee regarding:
- Refund amounts
- Tax liabilities
- Eligibility for deductions
- Eligibility for credits
- Acceptance of a tax return
- IRS or state processing times
- Audit selection or outcomes
- Tax authority decisions
- Approval of tax elections
- Resolution of tax matters
- Business or financial results
Examples, estimates, projections, educational materials, consultations, and general Website information should not be interpreted as guarantees of future results.
8. Website Forms and Submissions
The Website may contain forms that allow users to:
- Request information
- Contact Benchmark
- Select services
- Request appointments
- Submit general inquiries
- Begin certain onboarding processes
You agree that information knowingly submitted through the Website will be accurate and will not be fraudulent, misleading, unlawful, or submitted for an improper purpose.
Submitting a Website form does not obligate Benchmark to accept an engagement or provide services.
9. Appointments and Scheduling
Benchmark may make online appointment scheduling available through the Website.
Scheduling an appointment does not create a client relationship and does not guarantee acceptance of an engagement.
Appointments may be subject to separate policies concerning:
- Consultation fees
- Deposits
- Cancellations
- Rescheduling
- Late arrivals
- No shows
Policies presented during the scheduling process form part of the conditions applicable to that appointment.
10. Estimates
Estimates are based upon the information available to Benchmark when the estimate is prepared.
Unless expressly stated otherwise, an estimate is not a guarantee of final pricing.
Pricing may change if:
- The scope of requested services changes
- Additional tax forms or schedules are required
- Additional income sources or businesses are identified
- Additional bookkeeping is necessary
- Records require cleanup or reconstruction
- Additional research is necessary
- Previously undisclosed complexity is identified
- Information originally provided was incomplete or inaccurate
- Additional services are requested
Benchmark may issue an updated estimate or invoice when the scope or complexity of an engagement changes.
11. Fees and Payment
Fees vary according to the services provided and the complexity of the engagement.
Certain services may require deposits, advance payments, installment payments, or payment in full before work begins, continues, is completed, or a return is filed.
By submitting a payment, you represent that you are authorized to use the payment method provided.
Payment does not guarantee a particular tax result or override the terms of an applicable professional engagement.
Additional payment terms may be included in estimates, invoices, engagement agreements, checkout pages, or service specific agreements.
12. Cancellations and Refunds
Professional services involve the expenditure of time, expertise, administrative resources, research, preparation, and other resources.
Amounts attributable to services already performed may be nonrefundable to the extent permitted by law and the applicable service agreement.
Eligibility for cancellation, refund, or account credit may depend upon:
- The service purchased
- The stage of the engagement
- Work already completed
- Resources already committed
- Applicable engagement terms
- Service specific cancellation terms
Nothing in these Terms limits any right that cannot lawfully be waived.
13. Electronic Communications
Benchmark may use electronic communications in connection with Website inquiries, appointments, transactions, and services.
Electronic communications may include email, telephone calls, SMS/text messages, automated reminders, invoices, receipts, appointment notifications, and other service related communications.
By initiating an electronic interaction with Benchmark or requesting electronic communications, you agree that communications and notices may be provided electronically where permitted by law.
You agree that electronic communications may satisfy legal requirements that communications be provided in writing to the extent permitted by applicable law.
14. Email Communications and Opt Out
Benchmark may send emails relating to services, appointments, inquiries, educational resources, company announcements, or promotional offerings where permitted by law.
Marketing emails will provide an appropriate method for requesting that future promotional emails stop.
You may unsubscribe from promotional emails using the unsubscribe mechanism contained in the applicable email.
An unsubscribe request from promotional communications does not necessarily prevent Benchmark from sending communications that are transactional, administrative, requested by you, or reasonably necessary in connection with an existing professional relationship.
15. SMS/Text Messaging Terms and Opt Out
Where a user has provided the required consent to receive SMS or text messages from Benchmark, messages may include appointment reminders, service notifications, administrative updates, educational communications, and promotional messages consistent with the consent provided.
Consent to receive marketing text messages is not a condition of purchasing Benchmark's services.
Message frequency may vary.
Message and data rates may apply.
Recipients may withdraw consent to receive applicable text messages by following the opt out instructions provided in the message, including replying STOP where supported.
Recipients may use HELP where supported to obtain additional information regarding the messaging program.
Opting out of promotional text messages does not prevent Benchmark from communicating through other lawful channels or providing communications permitted without marketing consent.
16. Consent to Electronic Transactions
Where Benchmark makes electronic estimates, invoices, agreements, authorizations, acknowledgments, or other documents available, you agree that electronic records and electronic signatures may be used to the extent permitted by applicable law.
You may not deny the validity of an otherwise enforceable agreement solely because it was presented, accepted, or signed electronically.
Any specific electronic signature process may contain additional terms that apply to that transaction.
17. Blog and Educational Resources
Benchmark may publish tax tips, IRS updates, bookkeeping information, business education, tax planning information, and other educational resources.
Such content reflects information available when it is prepared.
Benchmark does not guarantee that previously published content will be revised whenever laws, regulations, guidance, administrative interpretations, or other circumstances change.
Users should consider publication dates and confirm current requirements before relying upon educational content.
18. Third Party Links and Services
The Website may contain links to or integrations with third party websites and services.
Examples may include:
- Government websites
- Scheduling services
- Payment processors
- Client portals
- Software providers
- Social media platforms
- External educational resources
Third party services are operated independently from Benchmark.
Benchmark does not control and is not responsible for third party websites, their content, their availability, or their terms.
Your use of a third party website or service is subject to that provider's terms and conditions.
19. Government Resources and No Government Affiliation
Benchmark may provide links to the Internal Revenue Service, state taxing authorities, or other governmental resources for convenience and educational purposes.
Benchmark Tax Services, LLC is an independent tax services business and is not the Internal Revenue Service or any federal, state, or local government agency.
Use of government names, forms, publications, or links does not imply government endorsement, sponsorship, affiliation, or approval of Benchmark.
20. Intellectual Property Rights
Unless otherwise indicated, the Website and its original content are owned by, licensed to, or lawfully used by Benchmark Tax Services, LLC.
Protected content may include:
- Benchmark's name
- Logos and branding
- Written Website content
- Blog articles
- Graphics
- Photographs
- Videos
- Educational materials
- Downloads
- Templates
- Website design elements
- Original resources
Applicable copyright, trademark, and other intellectual property laws protect these materials.
21. Limited Permission to Use Website Content
Benchmark grants users a limited, revocable, nonexclusive, nontransferable right to access Website content for lawful personal or internal business use.
Unless Benchmark provides written authorization, you may not:
- Republish Benchmark content
- Sell Benchmark content
- License Benchmark materials to others
- Represent Benchmark content as your own
- Remove copyright or proprietary notices
- Create unauthorized commercial derivative works
- Systematically scrape Website content
- Copy substantial portions of the Website for commercial use
- Use Benchmark trademarks or branding in a manner suggesting unauthorized affiliation
All rights not expressly granted are reserved.
22. User Conduct and Prohibited Activities
You may not use the Website to:
- Violate applicable law
- Commit or facilitate fraud
- Impersonate another person or entity
- Knowingly submit false information
- Attempt unauthorized access to Website systems
- Circumvent Website security measures
- Introduce malicious software or code
- Disrupt Website availability or functionality
- Conduct denial of service attacks
- Harvest information from the Website without authorization
- Use automated systems to improperly scrape Website content
- Infringe intellectual property rights
- Interfere with another person's lawful use of the Website
- Engage in abusive, threatening, fraudulent, or unlawful conduct
Benchmark may restrict or terminate Website access when it reasonably believes these Terms have been violated.
23. Automated Access, Scraping, and Artificial Intelligence Use
Except as expressly permitted by Benchmark or applicable law, users may not use bots, crawlers, scrapers, automated extraction tools, or similar technologies to systematically collect, reproduce, republish, or commercially exploit Website content.
Website content may not be used to create, train, improve, or operate commercial artificial intelligence or machine learning systems without Benchmark's prior written authorization, except where such restriction is prohibited by applicable law.
24. Website Availability
Benchmark does not guarantee that the Website will be continuously available or free from interruptions.
Website access may be affected by maintenance, upgrades, technical failures, service provider interruptions, or circumstances beyond Benchmark's reasonable control.
Benchmark may modify, suspend, restrict, or discontinue any Website feature or functionality at any time.
25. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND GENERAL WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
BENCHMARK MAKES NO WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, OR SUITABLE FOR EVERY USER'S PARTICULAR PURPOSE.
BENCHMARK DISCLAIMS IMPLIED WARRANTIES TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.
Nothing in this section modifies any express obligation contained in a separate written professional engagement between Benchmark and a client.
26. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BENCHMARK TAX SERVICES, LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO GENERAL USE OF THE WEBSITE OR RELIANCE UPON GENERAL WEBSITE CONTENT.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
27. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Benchmark Tax Services, LLC and its owners, officers, employees, contractors, agents, and representatives from third party claims, liabilities, losses, damages, and reasonable expenses arising from:
- Your unlawful use of the Website
- Your material violation of these Terms
- Your infringement of another party's rights
- Fraudulent or unlawful information knowingly submitted through the Website
28. Suspension or Termination of Website Access
Benchmark may suspend, restrict, or terminate access to the Website when reasonably necessary because of:
- Violation of these Terms
- Suspected fraud
- Unauthorized activity
- Security threats
- Abuse of Website functionality
- Legal or regulatory requirements
Termination of Website access does not automatically terminate an existing professional engagement unless separately provided under the applicable engagement agreement.
29. Privacy Policy
Benchmark maintains a separate Privacy Policy governing privacy related matters associated with the Website.
The Privacy Policy is available here:
30. Changes to These Terms
Benchmark may modify these Terms from time to time.
Updated Terms will be posted on this page with a revised Last Updated date.
Changes become effective when posted unless another effective date is stated or applicable law requires otherwise.
Your continued use of the Website after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.
31. Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will continue in effect.
32. No Waiver
Benchmark's failure to exercise or enforce any provision of these Terms does not waive Benchmark's right to exercise or enforce that provision later.
A waiver is effective only when made in writing by an authorized representative of Benchmark.
33. Assignment
You may not assign or transfer your rights or obligations under these Terms without Benchmark's prior written consent.
Benchmark may assign its rights and obligations in connection with a merger, acquisition, reorganization, sale of assets, or other lawful business transaction, subject to applicable law.
34. Force Majeure
Benchmark will not be responsible for delay or failure in Website performance caused by circumstances beyond its reasonable control, including natural disasters, severe weather, governmental actions, telecommunications failures, utility interruptions, internet outages, cyber incidents affecting third party infrastructure, labor disruptions, or similar events.
This provision does not excuse obligations that cannot lawfully be limited.
35. Entire Agreement Regarding Website Use
These Terms constitute the agreement between Benchmark and Website users concerning general use of the Website, together with any terms expressly incorporated by reference.
These Terms do not replace agreements governing professional services.
36. Governing Law and Venue
To the extent permitted by applicable law, any legal action or proceeding arising out of or relating to these Terms or the use of the Website shall be brought in a court of competent jurisdiction located in Middle, Georgia, and you consent to the jurisdiction and venue of such courts.
37. Contact Information
Questions regarding these Terms of Use may be directed to:
Benchmark Tax Services, LLC
Website: www.benchmarktaxservices.com
Email: [email protected]
Phone: (478) 654-7343