Terms of Service

1. Acceptance of Terms and Ecosystem Agreement

By accessing the websites, portals, or utilizing the professional services provided by Incwell Consulting Corp, doing business as Incwell Tax & Consulting and itinsupport (collectively, the “Firm,” “we,” “our,” or “us”), you agree to be bound by these Terms of Service (“Terms”). These Terms govern your engagement across our entire digital and professional ecosystem. If you do not agree to these legally binding conditions, you must immediately cease use of our digital properties and services.

2. Scope of Professional Services

Incwell Tax & Consulting operates as a New York-based firm providing comprehensive tax preparation, international tax structuring, business intelligence consulting, accounting, and ITIN application support services.

The specific scope, deliverables, and fee structures for your engagement will be definitively outlined in a separate, written Engagement Letter. In the event of a conflict between these general Terms and your specific Engagement Letter, the Engagement Letter shall supersede. We reserve the right to refuse service or decline an engagement at our sole professional discretion.

3. Client Representations and Fiduciary Responsibilities

The accuracy, compliance, and defensibility of our tax and consulting deliverables rely fundamentally on the integrity of the information you provide. As a client, you legally agree to:

• Provide complete, highly accurate, and timely financial records, tax documents, and operational data.
• Retain all original foundational documents (e.g., receipts, ledgers, W-2s, corporate resolutions) required to substantiate your tax and financial positions.
• Promptly review all drafted returns, financial statements, and ITIN applications for accuracy before authorizing us to execute or file them on your behalf.
• Maintain the strict confidentiality of any secure portal login credentials provided to you.
• Acknowledge that we do not audit, independently verify, or proactively discover fraud within the data you provide unless explicitly engaged to do so under a separate forensic accounting agreement.

4. Regulatory Frameworks and Multi-Disciplinary Collaboration

Our practice is engineered to address complex financial architecture by leveraging both our internal working professionals and a dynamic network of specialized industry experts. When the operational demands or strategic complexity of your business require an expanded posture, we actively collaborate across the financial and legal sectors.

Depending on the specific needs of your engagement, we may coordinate closely with credentialed professionals, including Certified Public Accountants (CPAs), Association of Chartered Certified Accountants (ACCA) members, fractional Chief Financial Officers (CFOs), and specialized legal counsel. All multi-disciplinary collaborations are executed following standard industry protocols, governed by strict non-disclosure agreements, and initiated only with your explicit authorization.

Regardless of the collaborative scope, all services are finalized in strict accordance with the Internal Revenue Code (IRC), IRS standards of practice, and the applicable laws of the State of New York. We reserve the right to withdraw from any engagement if a client requests the adoption of an unsubstantiated, unethical, or legally compromised position.

5. Data Privacy, Privilege, and WISP Integration

Your privacy is treated as an absolute operational imperative. These Terms incorporate our Privacy Policy by reference. In delivering our services, we enforce strict compliance with:

• IRC Section 7216: We will not disclose your tax return information to any third party—including our collaborative partners mentioned in Section 4—without your explicit, written, and purpose-specific consent.
• Institutional Security Protocols: We protect your corporate and personal data through our mandatory Written Information Security Plan (WISP), which ensures compliance with the federal Gramm-Leach-Bliley Act (GLBA) and the New York SHIELD Act.
• Subpoenas and Legal Demands: If we are served with a legally enforceable subpoena or court order regarding your records, we will notify you immediately (unless legally prohibited) so you may seek a protective order. You agree to bear the costs we incur, including legal fees, in responding to such demands on your behalf.

6. Financial Terms and Compensation Structure

Fees for our professional services, including project-based retainers or subscription models, are specified in your customized Engagement Letter. Unless otherwise negotiated in writing, all invoices are due upon receipt. We reserve the right to suspend ongoing consulting, withhold the delivery of finalized tax returns, or terminate the engagement entirely if accounts become delinquent. You agree to cover any collection costs or legal fees we incur in recovering past-due balances.

7. Limitation of Liability and Indemnification

To the maximum extent permitted by New York and federal law, the Firm, its principals, employees, collaborative partners, and authorized agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages—including lost profits, tax penalties, or interest—arising from your use of our services or your failure to provide accurate data.

Our aggregate, maximum financial liability to you for any errors, omissions, or breaches of this agreement shall be strictly limited to the total amount of professional fees you paid to us for the specific service giving rise to the claim. You agree to indemnify, defend, and hold the Firm harmless from any third-party claims, regulatory fines, or damages arising from your misrepresentation of facts or willful misconduct.

8. Intellectual Property and Proprietary Methodology

All proprietary methodologies, business intelligence models, tax structuring frameworks, website content, and analytical software utilized by Incwell Tax & Consulting and itinsupport remain the exclusive intellectual property of the Firm. You are granted a limited, non-transferable, non-exclusive license to use the deliverables we produce solely for your personal or internal business purposes. You may not reproduce, distribute, monetize, or reverse-engineer our intellectual property without our express written authorization.

9. Term and Termination

Either party may terminate the professional relationship at any time by providing formal written notice. Upon termination:

• You remain legally and financially responsible for all unbilled time, out-of-pocket expenses, and professional services rendered up to the exact date of termination.
• We will return your original records upon request. However, we will retain our own workpapers, analytical models, electronic files, and copies of your records for three to seven years to satisfy legal recordkeeping requirements and New York State tax laws, after which they will be securely destroyed.

10. Governing Law and Dispute Resolution

These Terms and any dispute arising out of your engagement with the Firm shall be governed by and construed exclusively in accordance with the laws of the State of New York, without regard to its conflict of law principles.

In the event of a dispute, both parties agree to first attempt to resolve the issue in good faith through formal mediation. If mediation fails, the dispute shall be resolved through binding, confidential arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place exclusively in New York. Both parties expressly waive their right to a trial by jury or to participate in any class-action lawsuit.

11. Policy Modifications and Evolving Frameworks

We continuously adapt our operational and legal protocols to align with new tax legislation, security regulations, and industry collaboration standards. We reserve the right to modify these Terms of Service at any time. Material changes will be effective immediately upon publication on our website, indicated by the “Last Updated” date. Your continued utilization of our ecosystem following any modification constitutes formal, legally binding acceptance of the revised Terms.

12. Contact and Legal Notice

For official correspondence, inquiries regarding these terms, or to formally initiate an engagement or termination, please contact our administrative office: