Terms & Conditions
Terms and Conditions
Funders is a service provider assisting businesses in the redemption of the Employee Retention Credit (ERC) authorized by the CARES Act, commissioned by the IRS. We provide analysis, processing and filing services (collectively the “Services”) necessary to claim ERC on behalf of our clients, for which we charge a service fee.
This Agreement outlines the terms and conditions governing your use of Funders.com and its Services. By accessing and using the Website, you accept and agree to the terms of this Agreement, which constitutes a binding contract between you and Funders. If you are acting on behalf of a legal entity, you represent that you have the authority to bind the entity to this Agreement. If you lack the requisite authority, or if you disagree with these terms, you must not accept this Agreement or use the Website and Services. Despite being an electronic document that is not physically signed by you, this Agreement governs your use of the Website and Services.
The terms “you”,“your” and “client” refer to users of the Website and Services. The terms “Funders”, “The Funders Group, L.L.C.”, “we”, “us”, “our”, and similar terms, refer to the party with whom you are engaging for Services as described herein.
Billing and Payments
You are responsible for paying all fees or charges associated with your account based on the applicable fees, charges, and billing terms in effect when payment is due. In cases where we offer free analysis Services, payment may be required after the free analysis is provided, not when you provide your billing information, which may be required prior to the analysis. If we determine that your engagement of our Services presents a high risk of default, we may ask for a copy of your government-issued photo ID, a business credit check and/or a personal guarantee. We reserve the right to modify our Services and pricing at any time and refuse any order placed with us. We may limit or cancel any order at our sole discretion.
Prohibited Uses
The prohibited uses of the Website, Services, or Content include, but are not limited to: engaging in any unlawful activities; soliciting others to perform or participate in unlawful acts; violating any local, state, provincial, federal, or international laws or regulations; infringing our or others' intellectual property rights; engaging in discriminatory behavior; submitting false or misleading information; uploading malicious code; engaging in spam or phishing activities; conducting any immoral or obscene activities; or attempting to interfere with the security features of the Website, Services, third-party products, or the Internet. Violation of these prohibited uses may result in termination of your use of the Website and Services.
Intellectual Property Rights
This Agreement acknowledges that Funders or third parties own all intellectual property rights, including patents, copyrights, trademarks, and designs related to the Website and Services. Nothing in this Agreement transfers any intellectual property ownership to you, and all rights and interests in such property will remain solely with Funders. All trademarks, logos, and graphics used in connection with the Website and Services are trademarks or registered trademarks of Funders or its licensors. Your use of the Website and Services does not grant you the right to reproduce or use any of Funders or third-party trademarks.
Accuracy of Information
We strive to maintain accurate and up-to-date information on our Website; however, there may be occasions where information may contain errors, inaccuracies, or omissions relating to product descriptions, pricing, availability, promotions, and offers. We reserve the right to modify, correct or update information, and cancel orders if necessary, without prior notice, even after an order has been submitted. We have no obligation to update or clarify information on the Website, including pricing information, except where required by law. The date of any update or refresh on the Website does not necessarily imply that all information on the Website or Services has been modified or updated.
Links to Other Resources
We may provide links to other resources, such as websites or mobile applications, through our Website and Services. However, unless explicitly stated, we are not directly or indirectly implying any endorsement, sponsorship, approval, association, or affiliation with any linked resource. We are not responsible for evaluating or examining any businesses or individuals, nor do we warrant the offerings or content of any linked resources. We do not assume any liability or responsibility for the actions, products, services, or content of any third-party resources. You are advised to review the legal statements and conditions of use of any linked resource, and any linking to off-site resources is at your own risk.
Limitation of Liability
Funders, its affiliates, directors, officers, employees, agents, suppliers, and licensors will not be liable for any indirect, incidental, special, punitive, cover or consequential damages, including, but not limited to, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, or loss of business opportunity, under any theory of liability, even if the liable party has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, the aggregate liability of Funders and its affiliates, officers, employees, agents, suppliers, and licensors relating to the Services will be limited to an amount not exceeding the greater of one dollar or the amount paid in cash by you to Funders during the prior one-month period before the first event or occurrence that gave rise to the liability. The limitations and exclusions also apply if this remedy fails of its essential purpose or does not fully compensate you for any losses.
Disclaimer of Warranty
The Services are provided "as is" and "as available," and your use of the Service is at your own risk. We disclaim all warranties, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will meet your requirements or that they will be uninterrupted, timely, secure, or error-free. You acknowledge that any material or data downloaded through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any damage or loss of data resulting from the download of such material or data. We make no warranty regarding any goods or services purchased or transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained from us or through the Service creates any warranty not expressly made herein.
Dispute Resolution
This Agreement, its interpretation, and performance, as well as any disputes arising from it, will be governed by the substantive and procedural laws of Nevada, United States, without regard to its conflict or choice of law rules and, if applicable, the laws of the United States. The exclusive jurisdiction and venue for any actions related to this Agreement will be in the courts located in Nevada, United States, and you submit to the personal jurisdiction of those courts. You waive any right to a jury trial in any proceeding related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
This Agreement to Arbitrate contains provisions that govern the resolution of legal claims arising between you and us, which will require you to submit claims you have against us to binding and final arbitration.
You hereby consent to arbitration of all claims before a single arbitrator. The arbitrator will be selected, and the arbitration conducted pursuant to the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association (“AAA”). No “Class” or similar group arbitration shall be permitted. All arbitration hearings or similar proceedings shall be held in Las Vegas, Nevada, although you may elect telephone proceedings or waive any hearing.
Indemnification
You agree to indemnify and hold Funders, its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from any liabilities, losses, damages, or costs, including reasonable attorneys' fees, arising from any third-party allegations, claims, actions, disputes, or demands resulting from your use of the Website and Services, your Content, or any willful misconduct on your part.
Severability
The provisions of this Agreement will only be applied to the extent that they do not violate any applicable laws and are limited to prevent this Agreement from becoming illegal, invalid or unenforceable. If any provision or portion of this Agreement is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the parties' intention is that the remaining provisions or portions of this Agreement will remain in full force and effect, and constitute their agreement with respect to the subject matter.
Assignment
You may not assign, resell, sublicense, transfer, or delegate any of your rights or obligations under this Agreement without our prior written consent, which we may grant or withhold at our sole discretion. Any such attempted assignment or transfer will be null and void. We have the right to assign any of our rights or obligations under this Agreement, in whole or in part, to a third party as part of the sale of our assets or stock or as part of a merger.
Changes and Amendments
We may modify this Agreement or its terms relating to the Website and Services at any time, and the updated version will be effective upon its posting on the Website. We will revise the date at the bottom of this page to reflect the update. Your continued use of the Website and Services after any such changes will signify your consent to the modified terms.
Acceptance of These Terms
This website provides legal information but not legal or accounting advice. The information contained on the website is general and should not be taken as advice for specific situations. Use of the site does not create an attorney-client relationship. The Funders Group, L.L.C. (Funders) does not provide any legal or accounting advice and users of this web site should consult with their own lawyer and C.P.A. for legal and accounting advice. Any use of the Site does not create or constitute a attorney-client relationship between The Funders Group, L.L.C. or any employee of or other person associated with The Funders Group, L.L.C. and a user of the Site. The law may differ depending on the jurisdiction, and the site does not substitute the advice of a lawyer. The use of the site is at your own risk, and we are not responsible for any damages related to its use. We make no guarantee or warranty about the site's performance, and our terms and conditions govern the use of the site. Please refer to our terms and conditions for more information.
Additional Terms
Guarantee
We provide services to help clients navigate and file for ERC tax credits under the CARES Act and charge reasonable fees for this process. We offer a complementary discovery process to determine qualification for the credit, and if it is determined that no credit can be qualified for, we will not charge fees and will return any deposits.
Services
This agreement pertains solely to tax-related services provided by Funders, including navigating tax laws, filing, and financial forecasting. Our goal is to identify and utilize the most favorable tax opportunities available under the Internal Revenue Code (IRC) to minimize tax liability for the taxpayer.
Business Information
We require full and timely access to client information to perform our services. We hold all client information in strict confidentiality, with only authorized personnel having access to it. We are willing to return or remove all client information upon request. This information includes all documents, records, correspondence, and proprietary information such as trade secrets, intellectual property, and other confidential client data.
Accuracy of Submission
Your ERC analysis is generated based on the information provided during the qualifying submission process, and you certify that all information you provide is accurate to the best of your knowledge. You agree to hold Funders and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from any liabilities, losses, damages, or costs, including reasonable attorneys' fees, resulting from inaccuracies in your ERC filing due to inaccurate information provided during the qualification submission. Funders will keep a record of all responses received during the qualification submission, as well as any additional information received after the initial qualification submission.
Tax Law
We provide tax services within the legal scope allowed by the Internal Revenue Code (IRC), and we follow any case rulings issued by the IRS that interpret, clarify, restrict, or expand the law. If there is no such precedence, we interpret and follow the law to the best of our knowledge. We are always available to explain tax rules to our clients and ensure that they fully understand and consent before moving forward with any execution. Under no circumstances is it to be construed that Funders is providing material tax or accounting advice. Client is advised to seek counsel from duly licensed authority before making tax related decisions.
Audit
In the case of a tax audit, we will provide documentation and assistance to the client for the best possible outcome, based on the course of action advised. We do not offer tax opinions or shelters, and our work is always within the bounds of established tax law. While we cannot guarantee the audit outcome, we will work with the client to achieve a favorable result.
Good Faith
We are committed to acting in the best interest of our clients and helping them legally minimize their tax liability. We strive to understand their business needs and act prudently to protect and promote their success, while avoiding unnecessary burden or difficulty.
Errors
We promptly inform our clients of any identified errors and work towards resolution without additional service fees if the error is due to our incorrect process. However, if the error results from a material omission or refusal of information by the client, we may need to negotiate the terms of resolution.
ERC Credit Notes
The Employee Retention Credit (ERC) is available to help employers keep employees on payroll despite COVID-19 difficulties. Funders provides required services to file forms and submit documentation. Businesses qualify based on loss of revenue, supply chain disruption, or government-ordered shutdown. Credit amounts are up to $5,000 per employee in 2020 and up to $7,000 per quarter, per employee, in 2021. Actual numbers may differ from estimates.
Eligible Persons
All employees paid during a qualifying calendar quarter are eligible, except for those who are related to an owner owning more than 50% of the business. This includes descendants, siblings, parents and their ancestors, stepfamily, and in-laws, but not the self or spouse.
- A child or a descendant of a child;
- A brother, sister, stepbrother, or stepsister;
- The father or mother, or an ancestor of either;
- A stepfather or stepmother;
- A niece or nephew;
- An aunt or uncle;
- A son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law.
Note, not mentioned are self or spouse.
Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to support@funders.com.
This document was last updated on January 18, 2023