Terms of Use
SERVICE BUREAU TERMS
This agreement is between customer (hereinafter sometimes called "Customer," or "Client", or
"you" or "your"), and 1099Express.com, Inc, (hereinafter sometimes called "we", "our", "us"),
whose mailing address is 512 Woodlake Dr., McQueeney, TX 78123. Telephone 361-884-1500,
Fax: 877-874-2807, and e-Mail of Sales@1099Express.com. Customer and 1099Express.com, Inc
hereby agrees to the following terms and conditions.
Definitions:
- The term "IRS" shall mean Department of the Treasury, Internal Revenue Service.
- The term "SSA" shall mean the United States Social Security Administration.
- The Term "SSN" shall mean a person's Social Security Number.
- The Term "EIN" shall mean an entities Employer Identification Number.
- The term "TIN" or "Tin" shall mean "Tax Identification Number" and includes SSNs and EINs and other types of Tax Identification Numbers.
- The term "SB" shall mean the 1099Express, Inc. Service Bureau.
- The term "File" shall mean a group of one or more payees or employees submitted by ONE Employer (forW-2s) or ONE Filer /Payer (For 1099s).
- The term "Source File" shall mean a file saved by one of the 1099 Express programs.
- The term "Home Page" shall mean https://www.1099Express.com
The term "Last Minute" shall mean:
- (a.) For printing and mailing and/or e-Filing files containing 1099-Misc-NEC and W-2 Files sent on or after Wednesday January 23rd.
- (b.) For e-Filing other 1099 forms (where the deadline is March 31st) files received on or after March 24th.
- (c.) For e-Filing and mailing IRS Form 1042-S (where filing deadline is March 15th) files received by March 10th.
Fees, deadlines, and penalties:
Each year the deadlines may change. Customer accepts and understands all pricing, deadlines and penalties. Customer
must have previously purchased the software for generating the forms to be processed under this agreement.
Sending Files via our Service Bureau:
All 1099 series Files should be uploaded thru the Service Bureau link in the program. All other files will be uploaded
via the Website by choosing "Service Bureau" then "Send a File ". Customer will send (upload)
the File in the "Source File format", i.e.
the file SAVED by the program the Customer is using (either 1099, 1095, W-2, or 1042-S). Follow the prompts
and carefully complete your company information, your name, e-Mail, purpose of filing, and payment method.
Be certain to print your receipt and keep your File Upload Number, you will need it for confirmation later.
Use the above and below process for sending files for e-Filing and/or printing and mailing recipient copies.
Customer is responsible for providing the correct data including correct Social Security numbers (SSNs) or
Employer Identification Numbers (EINs), names, addresses, and money amounts, and all other data required by
the specific form type. Please be certain all is correct before sending.
Before sending a file, Customer must validate the data format, using the Options Menu then "Verify
Format". If there are missing TINs or TINs which are not 9 digits, then click the Options Menu,
then choose "Allow Blank SSNs" and remove the invalid TIN, and submit the file containing the
missing TIN to avoid the "Intentional Disregard" penalty. Missing TINS can then be corrected later.
Generaly there is no late filing penalty for filing corrections after the deadline. Do not risk making the
entire file late, by trying to find one or two missing SSNs or TINs.
Never send a spreadsheet, unless the purpose is Tin-Name Matching. Tin-Name Matching will not be available
after January 25th, due to new colliding deadlines. Tin-Name Matching is just as effective if resumed in
February or March, when there is still time to submit correction files.
Once your file is uploaded to our Secure Service Bureau, you must consider it e-Filed to the IRS immediately.
From that point forward NEVER CHANGE OR MAKE CORRECTIONS IN YOUR ORIGINAL FILE. It should remain frozen
with all errors. If you discover errors after sending your file, make a list of the errors. Start a new
corrections file, containing just those payees with errors, and make all changes in the correction file,
not the original file. The IRS generally does not charge late filing penalties for corrections. Thus,
correction files can be done a month or two after the deadline. To create a correction file for 1099
Express click, the Help Menu in the program, then INDEX, then see Topics 19, 19a and 20.
Never send the same file twice. It will double the tax liability of the payees, and cause extreme over-reporting
problems for you the Customer. Never "fix a payee" and send the same file again. That will result in
over-reporting. Instead add the "fixed person" to the correction file, described above. Corrections
will be handled later, after the deadlines. Correction files will require a subsequent e-Filing fee.
Of course, you may send, additional original files with other payees who have not yet been e-Filed to the IRS.
You may send a new file with only one or two payee(s) left out of a previous file. Never repeat the other payees
already e-Filed. Each additional file will incur a subsequent e-Filing fee.
Customer may send a large group of files and receive a discounted price for e-Filing the multi-file group
so long as all files are uploaded and paid for at the time of upload. The max number of files to be uploaded
at one time and receive the discount is 100 files. Subsequent
groups of up to 100 files will qualify for the same discount as the first group.
Customer agrees to allow us to use our best judgement to protect customer from penalties and will indemnity us
from and against such action. Such action may not be possible due to time constraints, caused by new overlapping
deadlines. When files are received with minor errors, and there is time, we may follow the above described
procedure to make corrections possible. Something the customer should have done. If account numbers are missing,
we may attempt to add them to make future corrections possible, if time allows. If the file contains complex
problems that would likely cause the file to be rejected, then we will have the option, but not the obligation,
to send the file "as is with errors" to the IRS if time allows. If excessive time is required to
protect the customer from late filing penalties, we reserve the right to charge a late fee of $85.00 per hours
for such work.
Confidentiality Agreement:
This agreement is between the Customer and 1099Express.com, Inc. and it's SB as described in the first
paragraph of this agreement.
The DATA is defined as the information needed to print and e-File and perform TIN-Name matching services
for certain 1099 Series Forms, 1098 Series forms, 3921 and 3922 Series Forms W-2, W-3 Series forms and 1094/1095
series forms. Such data includes persons' names, addresses, Social Security Numbers, Tax IDs, money
amounts and other information related to the forms being processed.
The SERVICE BUREAU (SB) is defined as a group of 1099Express employees and associates who perform e-Filing
and Print and Mail Services, and a METHOD of transferring DATA between CLIENT and the SB using encrypted
HTTPS internet protocol, folders, and other methods to keep the data secure.
As a condition of the CLIENT furnishing data to the SB, SB agrees to treat all CLIENT DATA as strictly
confidential and agrees that the data will not be disclosed to anyone except the CLIENT, and the SB
employee or associate who will process and print, e-File or Tin-Match the data. It is understood that
such data is NOT public information and may never be treated as such.
The SB may use the DATA solely for the purposes of Printing and Mailing, Tin/Name matching and/or
e-Filing for the CLIENT and for the CLIENT's benefit. The data may never be used for any other
purpose whatsoever. The data may never be sold, used, manipulated or used in any other manner. The SB
will to the best of it's ability keep the DATA private at all times.
The parties hereto will never use un e-Mail to transfer the DATA, unless CLIENT uses an encrypted
and/or password protected method. Such method must be approved and directed by the CLIENT. Both
CLIENT and SB agree to use all reasonable means to protect the data. Both parties agree that the SB
and its protocol constitutes reasonable and satisfactory standard of protection.
Indemnification:
Customer agrees to hold 1099Express.com, Inc, us, our associates, corporations, employees, heirs,
relatives, assigns, contractors, subcontractors, suppliers, devisees, software vendors, and others
working with us, harmless from and against any and all damages, law suits, legal actions court
actions, fines, penalties, or other charges from the IRS, or other causes of action against us
for errors in software or other reasons, caused or brought about as a result of the services
undertaken herein. Customer is responsible for any and all penalties, sanctions of other actions
taken against Customer by the IRS, regardless of who or how the problem was caused. Customer
understands and agrees that 1099Express.com, Inc is not responsible for charges or fines from
the IRS which occur due to errors or omissions caused by 1099Express.com, Inc., or errors or
omissions caused by Customer. Customer is also subject to our software license agreement at
https://www.1099Express.com/assets/support/licenseagreement.pdf
and all provisions contained therein, even if Customer has not purchased the software.
Changes to the Agreement:
Any changes to this agreement shall be agreed to in writing by e-Mail,
fax or US Mail. This agreement shall be effective and binding on Customers by it's use of
the SB.
Printing and Mailing Agreement:
This agreement applies only to those Customers who ask us to Print and Mail the recipient copies.
This agreement is between the Customer and 1099Express.com, Inc. as described in the first
paragraph of this agreement. Customer must have purchased the 1099Express software that supports
the forms to be printed and mailed. Customer will SAVE the "Source File" to be printed
with the appropriate software. Then Send the "Source File" to be printed via our SB.
Customer must carefully mark the "purpose" of the file as "Print and Mail"
or BOTH Print and Mail AND e-File. Use the comments field if necessary.
Our published printing prices, additional details for specific forms, and the USPS postage rates
in January are shown here: https://www.1099Express.com/servicebureau/printmail.aspx
Customer agrees that it has read and understands everything at the above link.
Customer agrees it has seen the style and format of 1099-Misc, and all other forms created on
blank paper. Customer agrees that such style and format is acceptable. A printing sample is
shown here: https://www.1099Express.com/servicebureau/printmail.aspx
Customer agrees that it has seen this document and accepts this type of style and format.
Customer will make a careful estimate of the number and type of forms to be printed and mailed,
then multiply by the category in the sliding schedule of prices shown under "published
printing prices", to obtain the "total estimated cost" for
Customer's form type. Customer and 1099Express.com, Inc. will agree in writing
(by e-Mail or Fax) the following: 1. The estimate of the total number of forms, 2. The Form Type,
and 3. The total estimated cost.
Once terms are agreed to in writing, then Customer agrees to pay the total estimated cost before
printing begins. Customers who have pre-paid, will receive priority handling. Customer will
pay the remainder balance, if any (to be adjusted based on actual number of forms) immediately
after printing. If the actual numbers are less than estimated, we will mail a check to customer
for the difference as soon as reasonably possible.
If the actual number of forms received exceeds 20 percent of the original estimate, then the full
amount based on actual number of forms must be paid before printing can begin. All checks should
be made payable to 1099Express.com, Inc. Checks should be sent by overnight carrier to
513 Woodlake Dr., McQueeney, TX 78123, or paid by EFT, or ACH. Banking information will be
provided by e-Mail, or Customer may call 361-884-1500. Provide your data file as early in January
as possible. Mailing is done on a first-in, first-out basis. Every effort will be made to print
and mail as soon as possible. We reserve the right to delay printing and mailing until we receive
proof of good funds that have cleared the banks, and/or certified or cashier's check.
All files to be printed and mailed should be received before the "Last Minute" as
described in Definitions above in paragraph two. Files received at the Last Minute, can not be
guaranteed to be printed and mailed by January 31, but will be printed as soon as possible.
Files received for both Printing AND e-Filing to the IRS or SSA, will be e-Filed first, then
printed and mailed. E-Filing services are always a separate fee, in addition to the print and
mailing cost.
This agreement includes all First Class postage, and all materials including paper, laser toner,
window envelopes, and all labor including quality laser printing, folding paper, inserting paper,
stuffing and sealing envelopes. The IRS required legend "Important Tax Document Enclosed"
through the window of the envelope. Again a sample of 1099-Misc the may be seen here:
https://www.1099Express.com/servicebureau/printmail.aspx
Customer hereby accepts such format.
Customer will handle all returned mail (bounced) according to it's policy for incorrect addresses.
Customer will be sure not to include
(1.) double addresses (PO box and street address)
(2.) critical address lines longer than 38 characters (name, name2, addr).
If our pre-sort system finds undeliverable mail, we will handle on a case by case basis. We may,
if Customer's data has a large number of problem addresses, choose to truncate critical address lines for customer's
benefit, and this could result in more or less undeliverable mail. We are never responsible for undeliverable mail,
and may charge a reasonable handling fee to assist customer.
Customer will handle all calls and complaints or corrections required or found by the payees.
Customer will create a CORRECTION FILE, containing only those payees with errors to be corrected.
CUSTOMER MUST NEVER CHANGE ITS ORIGINAL file after being sent to our Service Bureau and e-Filed,
and/or Printed and Mailed to the IRS. Instead, Customer will create a new correction file for the
Filer containing ONLY the payees to be corrected.
It is understood that you are obligated to pay for all services in this contract once the mail
has been delivered with proper postage to the United States Postal Service (USPS), regardless of
whether the USPS delivers the mail. For example, if the USPS loses all or part of the 1099s by
fire, theft, accident, or plane crash, or other cause, you are still obligated to us for payment.
License Agreement
