These Terms constitute a binding legal agreement between you, as a user of the Services, and HR Best Practices dba ACA Managed Services and Smart1095 (“ACA Managed Services, the “Company”, “we” or “us”).
Given the various deadlines involved with ACA Reporting, our Team makes every effort to meet these deadlines. To that end, we can safely produce and mail forms as long as your data has passed our validation routines by Febuary 21, 2017.
Generally, we process an uploaded employee template within 5 minutes.
Corrections and Voids
Any 1095-C or 1094-C correction or void that is necessary as a result of a data or system issue by ACA Managed Services will be taken care of promptly at no additional charge by ACA Managed Services.
Any 1095-C or 1094-C correction or void that is necessary as a result of incorrect data supplied to the customer to ACA Managed Services may results in additional fees at the rate of $175 per hour. Our intention is to be a full service provider and handle minor corrections and voids that do not require much effort free of charge and promptly. Any customer data issues that need correction or voids that take greater than 1 hour, will be billed at the lesser of $175 per hour or $7.00 per corrected form. Payment must be secured prior to submission of new voids or corrections to the IRS.
General Payment Terms Regarding Employee Count
Our software and / or services are sold on a per filing entity basis – that is either one applicable large employer (ALE) as defined by the IRS or Aggregated ALE Group. A separate charge for additional EINs will be incurred for groups with more than one EIN unless the group selects the Gold package (this includes 2 EINs).
If you accept these Terms, but later decide that you want to terminate your account, please contact us at support@ACAmanagedServices.com, and we will verify and complete your request.
Applicability of These Terms
Your access to, and use of the Services is expressly conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users of the Services, including users who are also contributors of content, data, information, and other materials or services in the Services. If you do not agree with these Terms, you are not authorized to access or use any portion of the Services in any manner, for any purpose. Your use of any Services with which we may be affiliated may be subject to additional terms, including terms and conditions provided by a third party. If you do not agree with any of these additional terms and conditions, you are not authorized to use the Services subject to such additional terms.
In order to receive our Services, you must pay for them. The Services are available only to individuals who are at least 18 years old. You represent and warrant that you have the legal ability (capacity) to enter into a binding contract and are at least 18 years old, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time for any reason. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
- We offer Software as a Service (e.g. in the Cloud). Some aspects of the software is free of use while other feature and functionality requires a license. 2. We offer the ability to produce ACA 1095-C forms and 1094-C IRS submissions. The forms can be generated in
- We offer the ability to produce ACA 1095-C forms and 1094-C IRS submissions. The forms can be generated in electronic and hard copy. These forms will contain employee data which can be distributed securely back to you the end client or sent directly to employees. The 1094-C form can either be submitted directly by the employer or filed with the IRS by us.
- We provide consulting and data management services related to ACA reporting and tracking for clients that retain us to do so.
Limits and Notices
ACA Managed Services only offers tax or legal advice to employers and vendors that hire us to do so. If you have not hired us to provide tax or legal advice It is recommended to consult with a tax or legal professional for those types of services. It is your responsibility as the Employer or Company filing ACA Reporting, to approve and confirm all reporting to employees and the IRS. ACA Managed Services is only a facilitator of reporting and tracking services and is not responsible for final validation of data submitted. Any tools, programs, or services provided by ACA Managed Services are only help with facilitation of the process and not to be construed as official recommendations. Any fines, fees, audits, disputes, or other such claims imposed by the IRS or other governing entity are purely the responsibility of the you as the Employer and end client. It is the client’s responsibility to validate all data before filing.
ACA Managed Services may charge reasonable additional fees for corrections or voids of IRS submissions. It may also charge additional consulting hours for more complex data requirements. The rates for these services shall not exceed $350 per hour if legal assistance is required. Generally, for consulting services that need to be rendered to complete services that have been paid for, ACA Managed Services will notify and gain acceptance from our client before those hours are completed and billed.
You, our customer, agree to not to utilize our technology for any other employer, trust, carrier, software vendor or third party administrator. Doing so would violate these terms and will result in legal action.
Privacy and Use of Data Supplied by Your Company
By uploading, posting, creating, using, and disclosing data, including your employer and employee data, for use with our Services, you hereby agree to our use with our services as specified in this document, as well as acknowledge and approve the use of this data in conjunction other third parties in which our company has established a secure and trusted relationship.
Rules and Conduct
As a condition of use, you agree not to use the Services or upload any data for any purpose that is prohibited by these Terms or by applicable law or not as directed by this service. You shall not, and shall not permit any third party to, directly or indirectly (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any data on or through the Services, that:
- Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
- Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
- Impersonates any person or entity, including any employee or representative of Company.
Additionally, you shall not: (a) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (c) bypass any measures Company may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (d) run Maillist, Listserv, any form of auto-responder or “spam” on the Services; or (e) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.
You shall not (directly or indirectly): (a) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (b) modify, translate, or otherwise create derivative works of any part of the Services; or (c) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. WHEN YOU CONTACT US BY EMAIL OR TEXT, WE HAVE NO WAY OF PROTECTING YOUR INFORMATION UNTIL IT REACHES US SINCE EMAIL AND TEXT MESSAGING AND THE COMMUNICATION LINES SUCH COMMUNICATIONS TRAVEL OVER DO NOT HAVE THE SECURITY FEATURES THAT ARE BUILT INTO OUR SERVICES AND MAY NOT BE SECURE. BY SENDING ANY INFORMATION TO US VIA EMAIL OR TEXT, OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US THROUGH EMAIL OR TEXT, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION IN THE COURSE OF TRANSMISSION.
Fees and Payment
Company reserves the right to require payment of fees for certain features of the Services. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Sites in connection with such features. Company reserves the right to change its price list and to institute new charges at any time, upon prior notice to you, which may be sent by email or posted on the Sites. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
Third-Party Sites and Materials
COMPANY HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY ANY THIRD PARTY SERVICE PROVIDER. IN ADDITION, YOU AGREE THAT COMPANY WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, MATERIALS OR SERVICES PROVIDED BY ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SERVICE PROVIDERS LINKED THROUGH THE SERVICES, AND YOU AGREE TO ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES, LOSS, OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM OR ALLEGED TO HAVE RESULTED FROM YOUR USE OF THIRD PARTY MATERIALS AND THIRD PARTY WEBSITES. Company, Content, Intellectual Property.
The Services and the Content are protected under United States and international intellectual property, copyright, trademark, patent, trade secret and other laws. The Sites, the Services and the Content are the sole property of Company. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit the Services or any Content or third party submissions or other proprietary rights not owned by you, (a) without the consent of the respective owners or other valid right, and (b) in any way that violates any third party right.
You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than normal use in accordance with these Terms is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services. Subject to your compliance with these Terms, as revised (and any other terms governing your use of the Services) you are granted a personal, non-exclusive, nontransferable, non-sublicenseable, revocable, limited right to enter our Site and use the Services. All rights in and to the Sites and the Services not expressly granted in these Terms are hereby reserved and retained by Company.
Company may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. Upon termination of your right to use our Services or Sites or our termination of the Services or Sites, all licenses and other rights granted to you by these Terms will immediately terminate.
If you wish to terminate your account, you may do so by following the instructions on the Sites. Any fees paid hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Company has no special relationship with or fiduciary duty to you. THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR THE STATED PURPOSE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to: (a) your use or misuse of, or access to, the Services, Content or otherwise from your User Submissions; (b) your breach of these Terms; (c) your violation or alleged violation of any applicable Federal, State or local laws, rules and/or regulations; or (d) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT): (A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (C) FOR YOUR RELIANCE ON THE SERVICES; OR (D) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH A JURISDICTION.
When using the Services, information will be transmitted over a medium which may be beyond the control and jurisdiction of Company, its customers and/or its vendors. Accordingly, Company assumes no liability for or relating to the delay, unintended disclosure, failure, interruption or corruption of any data or other information transmitted in connection with use of the Services.
Any claims against Company arising in connection with your use of the Services must be brought against Company within one (1) year of the date of the event giving rise to such action.
Company makes no representation that the Services are appropriate or available for use in locations outside of the United States, and accessing the Services is prohibited from territories where such Services are illegal. If you access the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Governing Law; Dispute Resolution
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by binding arbitration in Bergen County, New Jersey. Integration and Severability.
Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. Our licensors may be entitled to enforce these Terms as third-party beneficiaries. There are no other third-party beneficiaries to these Terms except, if applicable, a party to an applicable Benefit Agreement. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
ACA Managed Services
795 Franklin Avenue – Suite IGCPA
Franklin Lakes, NJ 07417
This indicates the last item of this agreement.