Including Exhibit A: Services by Package | Exhibit B: Fees & SLA | Exhibit C: Pathward Refund Transfer Billing
By clicking to accept, completing an Order, or using the Services, Customer (the "ERO") agrees to this Agreement. This edition applies to EROs referred through Pathward, National Association ("Pathward") who elect to have Company's Fees collected through their Refund Transfer program (the "Pay Through Tax Prep Fee" option).
1. Definitions
1.1 "Authorized User" means Customer's employees and contractors authorized to use the Services solely for Customer's internal business purposes.
1.2 "Confidential Information" means non-public information disclosed by one party to the other that is designated confidential or that should reasonably be understood as confidential given its nature and the circumstances.
1.3 "Device" means an endpoint or host (e.g., workstation, laptop, server, mobile, or VM) enrolled in the Services.
1.4 "ERO" means an Electronic Return Originator authorized by the IRS to electronically transmit federal tax returns and who is enrolled with Pathward to offer Refund Transfers and related bank products. For purposes of this Agreement, "Customer" and "ERO" are used interchangeably.
1.5 "Fees" means the amounts due for Services as set forth in Exhibit B (Fees), Orders, or SOWs.
1.6 "Order" means an ordering document (including online checkout) that references this Agreement and identifies the Services, subscription term, device counts, and Fees.
1.7 "Refund Transfer" means a bank product offered through Pathward that allows a taxpayer's federal or state tax refund to be deposited into a temporary account from which tax preparation fees, bank product fees, and authorized third-party fees (including Company's Fees under this Agreement, if elected) are deducted before remitting the balance to the taxpayer.
1.8 "Pathward" means Pathward, National Association, the third-party bank product processor through which Customer has enrolled as an ERO.
1.9 "Services" means collectively Company's cybersecurity services and any Third-Party Services provided or resold by Company, as described in Exhibit A (Services by Package & SLA) and applicable Orders/SOWs.
1.10 "Third-Party Services" means products or services provided by third-party vendors (e.g., MDR/SOC platforms, EDR, VPN, training platforms) that may be provisioned, managed, or resold by Company and are subject to such vendors' end-user terms.
2. Scope; Access; Changes to Services
2.1 Provision of Services.
Company will provide the Services to Customer in accordance with this Agreement and applicable Orders/SOWs. Customer grants Company the necessary access, credentials, and permissions to deploy and operate the Services on Customer Devices and network(s).
2.2 Service Modifications.
Company may modify, enhance, or discontinue features from time to time with reasonable notice where practicable.
2.3 Third-Party Services.
Customer acknowledges that Third-Party Services are governed by the relevant vendor's terms, SLAs, and privacy notices. Company does not control and is not responsible for third-party outages, defects, or changes, and disclaims all liability arising therefrom. Company will reasonably coordinate with vendors on Customer's behalf.
3. Customer Obligations
3.1 Security Hygiene.
Customer is responsible for: (a) timely OS/security patches and updates; (b) enabling MFA; (c) maintaining backups and verifying restorability; (d) ensuring Devices remain connected to the internet for monitoring; (e) promptly de-provisioning departed users; and (f) following Company guidance and policies.
3.2 Environment Changes.
Customer must promptly notify Company of new Devices, network changes, or material environment modifications that could affect the Services.
3.3 Cooperation.
Customer will promptly review and act on alerts, guidance, and tickets. Company is not responsible for Customer's failure to act or delays.
3.4 Compliance/Insurance.
Customer remains solely responsible for its regulatory compliance (including FTC Safeguards Rule and IRS Publication 4557 where applicable) and for maintaining appropriate cyber insurance commensurate with its risk profile.
3.5 Use Restrictions.
Customer shall not: (a) resell or provide the Services to third parties; (b) reverse engineer or circumvent technical controls; (c) use the Services in violation of laws; or (d) use the Services to compete with Company.
3.6 ERO Representations and Warranties.
Customer represents and warrants that: (a) Customer is a validly enrolled ERO in good standing with the IRS; (b) Customer is enrolled with Pathward and has executed all agreements required by Pathward to offer Refund Transfers; and (c) Customer's enrollment with Pathward is current, active, and not suspended or pending termination. Customer will promptly notify Company in writing if any of the foregoing ceases to be true.
4. Fees; Billing; Taxes; Audits
4.1 Fees & Fee Changes.
Fees are as set forth in the applicable Order or SOW. Company may update Fees for upcoming Renewal Terms or for usage changes (e.g., Device counts) with 30 days' notice.
4.2 Billing & Payment.
Unless otherwise stated in an Order:
4.3 Pathward Refund Transfer Billing Election.
If Customer elects the "Pay Through Tax Prep Fee" option on its Order, Fees will be collected through Customer's Pathward Refund Transfer program in accordance with the billing mechanics set forth in Section 4.5 and Exhibit C. Election of this option does not alter the Initial Term, Renewal Term, or total Fees due; it modifies only the method and timing of collection. Customer's payment obligations remain unconditional regardless of whether Pathward collection is successful.
4.4 Device Counts.
Fees adjust automatically based on the greater of (i) the device count on the Order or (ii) the number of Devices actually onboarded or detected using licensing telemetry during the billing period. Customer will cooperate with audits (reasonable notice, not more than twice per year).
4.5 Pathward Fee-Deduction Authorization.
(a) Authorization. By electing the Pay Through Tax Prep Fee option, Customer irrevocably authorizes Pathward, as Customer's agent and bank product processor, to deduct the Fees owed to Company from the tax preparation fees that Pathward would otherwise remit to Customer on Refund Transfer transactions, and to remit those deducted amounts directly to Company in satisfaction of Customer's payment obligations hereunder.
(b) Company Reliance. Customer acknowledges that Company is relying on this authorization as a material term of this Agreement, and that Company would not have offered the Pay Through Tax Prep Fee billing election without it.
(c) Direct-Pay Fallback if Pathward Collection is Insufficient or Unavailable. If at any time the tax preparation fees collected by Pathward on Customer's behalf are insufficient to cover Company's Fees due for any billing period, or if Pathward for any reason (including Customer's suspension, termination, or de-enrollment from Pathward) does not remit the full amount due to Company, Customer shall pay the deficiency directly to Company within ten (10) business days of invoice. Any unpaid balance is a direct payment obligation of Customer and is not contingent on Refund Transfer volume.
(d) Carryover / Offset. Customer further authorizes Pathward to offset any unpaid balance owed to Company against Customer's future tax preparation fees, bank product fees, or other amounts payable to Customer through Pathward in subsequent tax seasons, until all Fees owed to Company are satisfied in full. This carryover right is in addition to, and not in lieu of, Company's other collection remedies.
(e) Disclosure to Pathward. Customer authorizes Company to share with Pathward the information reasonably necessary to effect collection under this Section, including Customer's identifying information, package selected, device count, Fee schedule, and outstanding balances.
4.6 Taxes.
Fees are exclusive of taxes; Customer is responsible for all sales, use, VAT, GST, and similar taxes (excluding taxes on Company's income).
4.7 No Setoff.
Customer may not withhold, reduce, or set off Fees.
5. Term; Renewal; Suspension; Termination
5.1 Term.
The initial term for each Order starts on the purchase date in that Order and continues for the Initial Term stated (default one (1) year), renewing automatically for successive one-year Renewal Terms unless either party gives 30 days' notice before the current term ends.
5.2 Suspension.
Company may suspend Services for: (a) non-payment (including failure of Pathward collection under Section 4.5(c) to be cured within the stated period); (b) security or legal risk; (c) Customer breach; or (d) loss or suspension of Customer's ERO or Pathward enrollment. Suspension does not relieve payment obligations.
5.3 Termination for Cause.
Either party may terminate an Order or this Agreement for material breach not cured within 15 days after written notice.
5.4 Company Termination for Convenience.
Company may terminate any Order or Service for convenience upon 30 days' notice; Company will refund prepaid, unused Fees for the terminated Service as Customer's exclusive remedy.
5.5 Customer Early Termination.
If Customer terminates for convenience or without cause, Customer must pay an Early Termination Charge equal to the lesser of: (a) the remaining Fees for the then-current term, or (b) three (3) months of Fees. For Pay Through Tax Prep Fee customers, the Early Termination Charge remains collectible directly from Customer and, to the extent permitted by Customer's Pathward agreement, through the Pathward offset mechanism described in Section 4.5(d).
5.6 Effect of Termination.
Upon termination or expiration: (a) all amounts due become immediately payable; (b) Customer will cease use of and uninstall Service components; (c) each party will return or destroy the other's Confidential Information (except one archival copy as required by law or for record-keeping). Sections intended to survive (including 3–4, 6–12, and payment obligations, including Section 4.5) shall survive.
6. Confidentiality; Publicity
6.1 Confidentiality.
Receiving party will use disclosing party's Confidential Information only to exercise its rights/perform obligations and will protect it using at least reasonable care. Exceptions apply to information that is public without breach, known before disclosure, independently developed, or rightfully received from a third party.
6.2 Injunctive Relief.
Breach of confidentiality may cause irreparable harm; the non-breaching party may seek equitable relief without posting bond.
6.3 Publicity.
Company may use Customer's name and logo in customer lists, websites, and case studies; Customer may opt out by written notice.
7. Data; Privacy; Security; Templates
7.1 Data Use.
Company may process telemetry, logs, indicators of compromise, and other operational data to provide and improve the Services, including aggregated/anonymized analytics.
7.2 Personal Information.
Each party will comply with applicable privacy laws, including GLBA where applicable. Neither party will use or disclose personal information other than to perform under this Agreement.
7.3 Data Processing; Cross-Border.
Customer authorizes Company and its subprocessors to process data in locations where they operate, subject to appropriate safeguards.
7.4 No Legal Advice; Templates.
Company may provide WISP and Incident Response Plan templates and security training content for convenience only. Templates are not legal advice and must be reviewed and customized by Customer and its counsel.
7.5 Pathward Data Exchange.
In connection with the Pay Through Tax Prep Fee billing election, Customer authorizes the exchange between Company and Pathward of information necessary for enrollment validation, Fee collection, and reconciliation. This exchange is strictly limited to billing-related information and does not include taxpayer return data, which remains governed by Customer's agreements with Pathward and applicable IRS safeguards under IRC §7216 and §6713.
8. Intellectual Property
8.1 Ownership.
Company and its licensors retain all rights, title, and interest in and to the Services, documentation, portals, playbooks, templates, training content, and any deliverables or configurations, including all related IP rights.
8.2 License.
During the term, Company grants Customer a limited, non-exclusive, non-transferable, revocable right for Authorized Users to access and use the Services for Customer's internal business purposes.
8.3 Feedback.
Feedback is voluntary and may be used by Company without restriction; Customer assigns all rights in Feedback to Company.
9. Warranties; Disclaimers
9.1 Mutual Authority.
Each party represents it has the authority to enter this Agreement.
9.2 Service Disclaimer.
THE SERVICES, TEMPLATES, AND ANY THIRD-PARTY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR RESULTS. SECURITY IS PROBABILISTIC; NO SERVICE CAN GUARANTEE PREVENTION OF ALL THREATS OR REGULATORY COMPLIANCE.
9.3 Pathward Third-Party Disclaimer.
Pathward is an independent third party. Company does not control Pathward's operations, systems, timing, or reconciliation processes, and makes no representation or warranty regarding Pathward's performance. Delays, errors, or failures by Pathward do not relieve Customer of its payment obligations to Company.
10. Indemnification
10.1 By Customer.
Customer will defend, indemnify, and hold harmless Company and its affiliates, officers, directors, employees, agents, and vendors from claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of: (a) Customer data or instructions; (b) Customer's breach of this Agreement or laws, including breach of the ERO representations in Section 3.6 or the Pathward authorization in Section 4.5; (c) use of the Services in violation of Section 3.5; or (d) any dispute between Customer and Pathward or between Customer and taxpayer clients relating to the Pay Through Tax Prep Fee billing election.
10.2 By Company (Limited).
Company will defend Customer from third-party claims alleging that Customer's authorized use of the Services (excluding Third-Party Services) directly infringes a U.S. patent, copyright, or trademark, and will pay final damages awarded by a court or agreed in settlement. Company may, at its option: (i) procure the right to continue use; (ii) modify or replace the Services; or (iii) terminate the affected Service and refund prepaid, unused Fees. This Section does not apply to claims arising from Customer data, combinations not provided by Company, or use contrary to documentation.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) EXCLUSION OF DAMAGES. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, COVER, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
(b) CAP. COMPANY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO COMPANY FOR THE AFFECTED SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
(c) ALLOCATIONS. THESE LIMITATIONS APPLY REGARDLESS OF THEORY OF LIABILITY AND FORM AN ESSENTIAL BASIS OF THE BARGAIN.
12. Dispute Resolution; Arbitration; Class Action Waiver
12.1 Good-Faith Resolution.
The parties will attempt in good faith to resolve disputes through their executive contacts before escalating.
12.2 Arbitration.
Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat and venue of arbitration shall be Palm Beach County, Florida. A single arbitrator shall preside unless the parties agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction.
12.3 Injunctive Relief & Small Claims.
Either party may seek temporary injunctive relief in court to protect Confidential Information or IP. Either party may bring an individual action in small claims court.
12.4 Class Action Waiver & Jury Trial Waiver.
Disputes will be conducted only on an individual basis; class, consolidated, or representative actions are waived. THE PARTIES WAIVE JURY TRIAL to the extent permitted by law.
12.5 Limitations Period.
Any claim must be filed within one (1) year after the cause of action accrues, or it is permanently barred.
13. Marketing Communications Consent
By entering this Agreement and providing contact information (including phone, mobile, mailing address, and email), Customer authorizes Company and its representatives to contact Customer for marketing, informational, and transactional purposes via phone, SMS/MMS, email, and other electronic means. Message/data rates may apply. Customer may opt out of marketing at any time (reply "STOP" or use unsubscribe links). Consent is not a condition of purchase and opting out of marketing does not affect necessary transactional communications.
14. Electronic Signatures; Records
Customer consents to electronic delivery of disclosures and use of electronic signatures and records. Paper copies are available on request and may incur a reasonable fee. Customer agrees to maintain accurate contact details and system requirements necessary to receive and retain electronic records.
15. Compliance with Laws; Export; Anti-Circumvention
Each party will comply with applicable laws. Customer will not export or re-export the Services in violation of export control/sanctions laws. Customer shall not bypass Company to procure substantially similar services from Company's vendors for the purpose of avoiding Fees during the term and for 12 months thereafter (non-circumvention).
16. Assignment; Subcontracting; Independent Contractors
Customer may not assign this Agreement without Company's prior written consent (not to be unreasonably withheld). Company may assign to an affiliate or in connection with a merger, acquisition, or sale of assets and may subcontract portions of the Services. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, or agency relationship between Customer, Company, or Pathward.
17. Force Majeure
Neither party is liable for delays or failures due to events beyond its reasonable control (including power/internet outages, cyberattacks on infrastructure, vendor failures, labor disputes, acts of God, or governmental actions). Payment obligations are excluded.
18. Notices
Notices must be in writing and delivered by email with confirmation, certified mail, courier, or via the Service portal to the contacts listed above (or updated by notice). Notice is deemed given upon confirmation/receipt.
19. Entire Agreement; Order of Precedence; Waiver; Severability
This Agreement (with Exhibits, Orders, SOWs, and incorporated policies) is the entire agreement. In case of conflict, the following order of precedence applies: (1) Order (pricing/quantities/term only), (2) SOW, (3) this Agreement, (4) Exhibits, (5) Policies. No waiver is effective unless in writing. If any provision is unenforceable, the remainder remains in effect.
20. Governing Law
This Agreement is governed by the laws of the State of Florida, without regard to conflicts-of-law rules, and subject to Section 12 for dispute resolution.
21. Pathward-Specific Acknowledgments
21.1 No Company Endorsement of Pathward Products.
Customer acknowledges that Company is not an agent, affiliate, or representative of Pathward, and that Pathward's Refund Transfer products and services are governed exclusively by the agreements between Customer and Pathward. Customer's decision to enroll with Pathward and to use Refund Transfers is made independently.
21.2 Independent Agreements.
This Agreement is separate from and does not modify Customer's agreements with Pathward. If Pathward terminates, suspends, or limits Customer's enrollment, or if Pathward changes its fee deduction or remittance practices, Customer remains fully obligated under this Agreement and must satisfy its Fee obligations directly as set forth in Section 4.5(c).
21.3 Revocation of Fee-Deduction Authorization.
Customer may revoke the Pathward fee-deduction authorization in Section 4.5 only upon 30 days' prior written notice to Company. Upon revocation, Customer's payment method will automatically convert to direct billing under Section 4.2, and any outstanding balance becomes immediately payable.
A.1 Overview
Watch Cloud Cyber Security provides endpoint-focused cybersecurity services designed to reduce risk and aid in detection, triage, and response. Services are organized into three (3) subscription packages. Each package includes the services described below, delivered as managed services unless otherwise noted. All packages are subject to the SLA in Section A.5.
Out of Scope for all packages (unless covered by a separate SOW): On-site work, digital forensics, legal notifications, regulator reporting, eDiscovery, breach counsel, PR, data restoration, helpdesk, MSP services, and hands-on keyboard remediation.
Cyber Shield
Foundation plan for financial and insurance professionals
A.2 Cyber Shield — Included Services
1. 24/7 Threat Monitoring & Managed Detection
Continuous telemetry collection and monitoring for enrolled Devices. Triage of alerts, enrichment, and remediation guidance with actionable steps. Ticketing, notifications, and periodic reporting.
Note: Services are designed to detect and help mitigate threats but do not guarantee detection or prevention of all attacks.
2. Antivirus Protection
Deployment and management of antivirus/anti-malware software on enrolled Devices to detect and quarantine known threats.
3. Remote Device Management
Remote monitoring and basic management of enrolled Devices to support service delivery, patch visibility, and security posture assessment.
4. Incident Response Support
Upon confirmation of a Security Incident on a protected Device, Company will provide guidance, triage support, and recommended remediation steps. Customer remains responsible for executive decisions and execution. Hands-on keyboard remediation requires a separate IR SOW.
5. Regulatory Alignment Support
Guidance to assist Customer in understanding applicable cybersecurity regulatory requirements, including the FTC Safeguards Rule and IRS Publication 4557. Does not constitute legal advice.
6. Written Information Security Plan (WISP) — Template
A customizable WISP template reflecting the Services provided under this package. Customer must tailor, review, and adopt with its counsel. Company is not providing legal advice.
7. Incident Response Plan — Template
A customizable Incident Response Plan template with suggested steps. Customer must adapt and adopt internally. Company provides guidance during an incident; hands-on execution requires a separate SOW.
8. Self-Serve Onboarding
Access to Company's self-guided onboarding resources, documentation, and setup instructions for deploying Services on enrolled Devices.
Practice Defender
For established practices and multi-staff firms | Audit Support Included
A.3 Practice Defender — Included Services
Practice Defender includes all Cyber Shield services (Section A.2) plus the following:
1. 1-on-1 Onboarding
A dedicated onboarding session with a Company representative to configure and deploy Services, verify coverage, and walk Customer through the platform and reporting tools.
2. Dedicated Account Manager
Customer will be assigned a dedicated Account Manager as the primary point of contact for ongoing service management, renewals, escalations, and strategic guidance.
3. Dark Web Monitoring
Continuous monitoring of dark web sources, forums, and credential marketplaces for Customer's domain(s) and designated email addresses. Customer will be notified of confirmed exposures via ticket and email.
4. Email Monitoring
Monitoring of Customer's email environment for indicators of compromise, account takeover attempts, suspicious login activity, and anomalous behavior. Supports Microsoft Office 365 and Google Workspace environments.
5. Phishing Awareness Training
Access to Company's phishing awareness education platform including training modules covering social engineering, credential phishing, and best practices for identifying and reporting suspicious communications.
6. Phishing Simulations
Periodic simulated phishing campaigns sent to Customer's users to test susceptibility and reinforce training. Results and participation metrics provided by request.
7. Microsoft Office & Google Workspace Alerts
Real-time alerting on anomalous or suspicious activity within Customer's Microsoft Office 365 or Google Workspace environment, including unauthorized access attempts, permission changes, and data exfiltration signals.
8. Microsoft Office & Google Workspace Backup
Automated backup of Customer's Microsoft Office 365 or Google Workspace data (email, files, and contacts as applicable). Backup retention and restoration are subject to plan parameters and additional storage charges where applicable.
9. Watch Cloud Readiness Kit (Audit Support)
Upon Customer notification that it is facing or anticipating a regulatory audit or examination (including FTC Safeguards Rule or IRS-related reviews), Company will provide the Watch Cloud Readiness Kit: a curated package of documentation, evidence artifacts, and guidance materials to support Customer's audit response. Does not constitute legal advice; Customer and its counsel remain responsible for all regulatory submissions and responses.
Firm Elite
For high-volume and multi-location firms | 5 Device Minimum
A.4 Firm Elite — Included Services
Firm Elite includes all Practice Defender services (Section A.3) plus the following:
1. Priority Incident Response
Firm Elite Customers receive prioritized escalation and response for confirmed Security Incidents. Company will assign senior personnel and provide accelerated triage, remediation guidance, and executive communication during active incidents.
2. Dedicated Security Specialist
Customer will be assigned a dedicated Security Specialist with deeper technical expertise to support ongoing threat management, security posture reviews, and strategic security planning beyond standard account management.
3. Quarterly Security Reviews
Scheduled quarterly meetings with Customer's designated contacts and Company's Security Specialist to review threat landscape activity, security posture, coverage gaps, incidents, and recommended improvements. Delivered via video conference or on-site (travel costs not included for on-site).
4. Multi-Location Support
Services are designed and coordinated to support Customer environments spanning multiple physical locations, with unified visibility, reporting, and management across all enrolled Devices and locations under the same Order.
A.5 Service Level Agreement (SLA) — All Packages
| SLA Item | Commitment |
|---|---|
| Monitoring Window | 24x7x365 monitoring and triage for all enrolled Devices across all packages. |
| Incident Notification | For confirmed Security Incidents (high-risk attacks on protected Devices), Company will notify Customer via ticket, email, and/or phone within one (1) business day of confirmation. |
| Priority Response (Firm Elite) | Accelerated triage and senior escalation for active Security Incidents. Response timing dependent on incident severity and Customer cooperation. |
| Availability Exclusions | Scheduled maintenance; outages or delays caused by third-party vendors, Customer environment, internet/ISP, or force majeure events. |
| Customer Dependencies | Customer must: maintain endpoint connectivity and supported OS versions; apply patches and updates timely; provide and maintain accurate contacts and escalation paths; and act promptly on remediation guidance. |
Disclaimer: Deployment of the Services does not guarantee that intrusions, compromises, or other unauthorized activity will not occur. Customer remains responsible for acting on alerts and guidance. Company is not liable for Customer's failure to act, delays, misconfigurations, unsupported systems, or changes made without Company's knowledge.
B.1 Package Summary
| Package | Best For | Device Minimum |
|---|---|---|
| Cyber Shield | Foundation plan for financial and insurance professionals. | 1 device minimum |
| Practice Defender | For established practices and multi-staff firms. Includes audit support. | 1 device minimum |
| Firm Elite | For high-volume and multi-location firms. | 5 device minimum |
Fees for each package are set forth in the applicable Order. Annual billing options are available; terms are stated in the Order.
B.2 Fee Schedule Notes
B.3 Payment Terms
| Term | Detail |
|---|---|
| Billing Cycle | Monthly in advance (or annual in advance if selected). |
| Due Date | Upon receipt. |
| Late Fees | 1.5% per month (or maximum allowed by law) on overdue balances. |
| Collections | Customer pays reasonable costs of collection, including attorneys' fees. |
| Taxes | Fees are exclusive of all applicable taxes; Customer is responsible for payment. |
| Auto-Debit Authorization | Customer authorizes Company to charge the designated payment method for recurring Fees, usage true-ups, and adjustments. |
| Pathward Pay Through Tax Prep Fee Option | If elected on the Order, Fees are collected through Customer's Pathward Refund Transfer program per Section 4.5 and Exhibit C. Direct-pay fallback applies per Section 4.5(c). |
This Exhibit applies only if Customer elects the "Pay Through Tax Prep Fee" billing option on its Order.
C.1 How Collection Works
C.2 Customer Responsibilities
C.3 Shortfall & Off-Season Direct Billing
If Pathward collections do not fully cover Company's Fees for a billing period, or if the billing period falls outside the active tax season, Company will invoice Customer for the shortfall. Invoices are due upon receipt and may be auto-charged to Customer's backup payment method per Section 4.2. Late balances accrue 1.5% per month per Section 4.2 and Exhibit B.3.
C.4 Revocation, Termination & De-Enrollment
C.5 Acknowledgments
End of Agreement
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