(SETC) Self Employed Tax Credit Organization” The official organization to claim the SETC Tax Credit in less than three days.

SETC / FFCRA – ENGAGEMENT LETTER

This confirms and sets forth the terms and conditions of the agreement (the "Agreement") between 40 Acres Unlimited, LLC dba SETC Tax Organization ("SETC") and You ("You" or "Client") regarding: the 1) the scope of the Services to be performed (defined below) by SETC for You; and 2) the fees to be paid to SETC by You for those Services. You agree to complete and comply with any federal or state forms supplied to you by SETC to facilitate SETC's provision of Services, including those necessary to enable a third-party CPA firm or Tax Preparation firm (the "3rd Party Tax Pro") to assist with the review and preparation of amended tax returns and Your tax and income data. SETC shall perform the due diligence and materials preparation necessary to determine what may be available to You under the Families First Coronavirus Response Act ("FFCRA"). You authorize and consent to SETC's use of a 3rd Party Tax Pro to file Your amended tax forms with the Internal Revenue Service ("IRS"), including but not limited to forms 1040-X and 7202 under the 3rd Party Tax Pro PTIN.

Scope of Services

If qualified and accepted by SETC, SETC will perform the following services (the "Services") on Your behalf pursuant to this Agreement: 1) Provide a qualification system that enables You to self-validate eligibility for tax credits under the FFCRA ("FFCRA Tax Credits"); 2) if accepted by SETC, 3rd Party Tax Pro will prepare and file Your amended 1040-X and 7202 forms, together with any other supporting document(s) needed to claim the FFCRA for 2020 and 2021, with the IRS. If qualified by SETC, within 10 Days Client will provide to SERTC's designated 3rd Party Tax Pro copies of the following ("Client Supplied Tax Data"): a. Tax returns, all schedules including schedule C, for tax years 2019, 2020 and 2021; and,
b. Your Driver License copy; and,
c. Responsive information requested by SETC using SETC's data collection process ("Client Questionnaire").

We are relying on Client Supplied Tax Data to provide the Services and all Client Supplied Tax Data must be true, correct and complete. Failure to provide full, complete and accurate Client Supplied Tax Data is a material breach of this Agreement.

Consent to use Client Data. SETC uses a variety of sales and marketing tools, data gathering and dissemination technologies to facilitate the use, sale and marketing of our Services. Client authorizes SETC collect, use, analyze and share Client's personal information inclusive of Client's name, contact information (email and phone number), job title, company name and any other data input into SETC systems by Client directly ("Client Data"). Client authorizes SETC, SETC affiliates, service providers, contractors and employees to contact Client as needed to perform our Services, and, to invite you or anyone in your organization to view a product demonstration or product information, to contact Client regarding additional product and services, share Client refund amounts by SETC for Client, including commissions paid to referral partners, referral fees paid to third-parties in marketing collateral, on SETC's websites, sales and recruiting tools and materials. All the foregoing is a material aspect of SETC’s ability to perform the Services but remain subject to applicable privacy laws. You may withdraw this consent at any time by requesting to be removed from SETC's contact list, customer list or otherwise "unsubscribe" by contacting us at support@setctaxcredit.org to request the same.

Paid Preparer – 3rd Party Tax Professional

SETC's designated 3rd Party Tax Pro may be listed as a Federal Tax Return Preparer ("Paid Preparer") for the amended 1040-X, Form 7202, Form 2848 and Form 8821 filings ("Tax Forms") and may have representation rights before the IRS for Client. Our 3rd Party Tax Pro will maintain a valid PTIN (or a CAF No. if applicable) with the IRS, which will be included on the Tax Forms submitted. 3rd Party Tax Pro will rely on the Client Supplied Data and the answer provided in our Client Questionnaire. Agreements between SETC and their designated 3rd Party Tax Pro are SETC's confidential information.

Payment Terms

By checking this box and/or signing the SETC / FFCRA – ENGAGEMENT LETTER document you agree to the terms and conditions of 1 (one) of the two following options listed in this paragraph; Option A.) 20% deferred contingent fee (“SETC Fees”) on any Self-Employed Sick and Family Leave Tax Credits under FFCRA that you are eligible for AND an upfront reimbursable processing fee of $495, OR Option B.) 33% deferred contingent fee (“SETC Fees”) on any Self-Employed Sick and Family Leave Tax Credits under FFCRA that you are eligible for with NO upfront reimbursable processing fee.

a. Client agrees that the FFCRA Tax Credit amount shall include all taxes credited against existing tax liabilities, tax refunds or any other reductions in liability or refunds of any kind received by Client. SETC Fees shall be assessed against the full amount of Clients total FFCRA Tax Credit and shall include a proportional share of any interest awarded by the IRS to Client and included in the FFCRA Tax Credit.

c. Client authorizes SETC to debit/credit Client's debit, credit or bank account provided by Client to SETC for the full amount of all SETC Fees due pursuant to this Agreement. SETC Fees shall be due immediately upon receipt of FFCRA Tax Credit. Client agrees that no additional authorization or notification will be provided or required by SETC to Client. SETC shall be authorized to process the payment for all TPA Fees immediately upon receipt of the FFCRA Tax Credit Refund.

d. If deemed applicable and necessary by SETC to perform this Agreement, Client authorizes SETC to update Clients mailing address via Form 2848 with the IRS, to engage directly with the IRS on Clients behalf, receive Client's FFCRA Tax Credit check issued by the IRS to review and confirm the accuracy of the FFCRA Tax Credit check amount. Should errors exist or the check be less than anticipated, SETC will engage with the IRS directly to correct same. Once the correct amount of FFCRA Tax Credit has been confirmed, SETC will verify the total SETC Fees for Client. If SETC is in possession of Clients FFCRA Tax Refund check, Client shall provide checking account information (which must be identical to entity/individual name on the IRS issued check), issue and deliver a check to SETC for all SETC Fees, then immediately thereafter, SETC shall deposit Client's check directly into Clients checking account. Under no circumstances will SETC endorse, negotiate or deposit Clients FFCRA Tax Credit check from the IRS into any account not bearing the Client's named account (bank account must bear identical name to taxpayer name on Client's tax returns and the check issued by the IRS). Client acknowledges and agrees that SETC will not under any circumstances endorse Client's FFCRA Tax Credit check from the IRS to any third-party for any reason.

If Your FFCRA Tax Credit is less than $2,500, SETC will not process your amended returns.

Default Remedies – Nonpayment by Client a. In the event Client did not opt to factor or receive and advance against its' FFCRA Tax Credit so that it is due the full refund, and, after more than thirty (30) days since the IRS issued FFCRA Tax Credit in favor of Client, Client has failed or refused to SETC Fees, Client will be in material default of this Agreement. If SETC deems it necessary to file legal action to collect SETC Fees, Client waives its right to personal service, consents to service of process by certified mail and consents to judgment for all SETC Fees, collection costs and attorney fees.

b. Delinquent balances (those more than 30 days past due) shall accrue interest at a rate of 1.5% per month (18% per annum). Venue and Choice of Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without regard to principles of conflict of laws. Any lawsuit arising from or relating to this agreement shall be brought in the United States District Court for the District of Illinois or Cook County District Courts. The parties waive any objections they may have to personal jurisdiction, venue, for any matter brought relating to this agreement.

Severability

If any clauses or provisions herein contained operate or would prospectively operate to invalidate this agreement, in whole or in part, then such clauses and provisions only shall be held for naught, as though not herein contained, and the remainder of this agreement shall remain operative and in full force and effect.

Disclaimer

Client understands and agrees:
a. that neither SETC nor any of its owners, officers, managers, employees, agents, associates, and affiliates are attorneys;
b. that SETC has not provided and will not provide to Client legal advice or opinions as part of the Services;
c. that Client has been encouraged and given the opportunity to obtain legal and tax advice from an attorney or tax professional of Client's choice;
d. the Services will not include verification or constitute a formal review or audit in accordance with any applicable accounting standards;
e. Client is not relying on any statement made by SETC regarding whether Client will qualify for an FFCRA or the amount of any such FFCRA;
f. SETC is not obligated to perform any services other than those set forth herein;
g. SETC and any 3rd Party Tax Pro engaged by SETC engagements shall not constitute an audit, examination, review of any kind, compilation, or compilation of agreed-upon procedures as defined by the AICPA, or any other type of financial statement reporting engagement that is subject to the rules of the AICPA, SEC or other state or national professional or regulatory body. The management of the Client is responsible for any and all financial information prepared during the course of this engagement.
h. SETC and Client each rely on publicly available information provided by the IRS regarding the validity of the FFCRA program to wit:
See: https://www.irs.gov/newsroom/new-irs-form-available-for-self-employed-individuals-to- claim-covid-19-sick-and-family-leave-tax-credits-under-ffcra

DISCLAIMER OF GUARANTEE. Nothing in this Agreement, nor any statements made by SETC, its agents, officers, contractor or employees to Client will be construed as a promise or guarantee of any specific result or outcome from the SETC Services, that a FFCRA refund will in fact be received by Client or the length of time it will take to process and obtain FFCRA refunds from the IRS. The Parties agree and acknowledge that the timing of any outcome is controlled by the IRS, not SETC. Oral statements made during documentation, or the collection of Client Supplied Data are aspirational, forward-thinking expressions of opinion, not a promise or guarantee. SETC does not warrant or represent that Client will not be audited by the IRS or that the IRS will not disallow Client's FFCRA refund (including possibly assessing interest and penalties on any disallowed amount ("IRS Assessment")). Should the IRS elect to audit Client or pursue penalties or interest surrounding any disallowed FFCRA application, SETC will not be able to represent Client or serve as legal counsel in any administrative or adversarial proceeding.