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Terms and Conditions

Terms of Service - Efile Workforce Payroll

Last Updated: 30-10-2025

1. Acceptance of Terms

This Terms of Service agreement ("Agreement") is entered into by and between you ("Customer," "you," or "your") and Efile Workforce Payroll ("Company," "we," "us," or "our"). This Agreement governs your access to and use of our cloud-based software for the preparation and filing of state and federal payroll forms (the "Service"), available at https://efileworkforcepayroll.com.

By registering for, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms. If you do not have such authority or do not agree with these terms, you must not accept this Agreement and may not use the Service.

2. Definitions

  • "Service" means the Efile Workforce Payroll cloud-based software-as-a-service (SaaS) platform for the preparation and filing of forms, including all features, functionalities, and associated websites.
  • "Customer Data" means any data, information, and material you provide, upload, or submit to the Service to generate a Form.
  • "Form" or "Filing" means a federal, state, or local tax or information return (e.g., Form 941, 940, W-2, 1099) generated and/or filed by the Service.
  • "Filing Fee" means the fee charged by us for the preparation and/or filing of a single Form.
  • "Third-Party Providers" means the unaffiliated third-party companies we use to provide essential services, including but not limited to payment processing and cloud hosting.

3. Account Registration and Security

3.1.

You must register for an account to access the Service. You agree to provide accurate, current, and complete information during the registration process.

3.2.

You are responsible for safeguarding your password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. Service Description and License

4.1. Nature of Service

The Service is a software tool that facilitates the preparation and e-filing of forms based solely on the Customer Data you provide. We are a software provider, not a tax advisor, preparer, or fiduciary.

4.2. License Grant

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service solely for the purpose of preparing and filing your forms.

5. Financial Terms

5.1. Fees

You agree to pay the applicable Filing Fee for each Form you process or file using the Service. All Filing Fees are due and payable at the time of Form preparation and are non-refundable once a Form has been generated or a filing attempt has been initiated.

5.2. Payment Authorization

You authorize us and our designated Third-Party Providers to charge your designated payment method for all applicable Filing Fees and taxes.

5.3. Absolute Responsibility for Payment Disputes

YOU ASSUME SOLE AND ABSOLUTE RESPONSIBILITY FOR ALL CHARGEBACKS, PAYMENT REVERSALS, CLAIMS, AND FEE DISPUTES (COLLECTIVELY, "PAYMENT DISPUTES") INITIATED BY YOU OR YOUR FINANCIAL INSTITUTION.

  • The Filing Fee is a service fee for the use of our software to prepare and/or file a Form. It is not a fee for a successful or accepted filing.
  • Once a Form is generated or a filing is initiated, the service has been rendered and the fee is earned.
  • Any attempt to initiate a chargeback for a valid, rendered service is a material breach of this Agreement. In such an event:
  1. Your account will be immediately and permanently terminated.
  2. You remain liable for the full amount of the Filing Fee plus any associated fees (chargeback fees, legal costs, collection fees, and an administrative fee).
  3. We reserve the right to report the fraudulent activity to relevant authorities.

6. Customer Responsibilities & Absolute Assumption of Liability

6.1. Accuracy and Completeness of Data

You are solely and exclusively responsible for the accuracy, completeness, and timeliness of all Customer Data you input into the Service. You represent and warrant that all data provided is true, correct, and complete.

6.2. Review and Verification

You are solely and exclusively responsible for reviewing, verifying, and confirming the accuracy of every Form generated by the Service before authorizing its submission to any government agency. The Service automates data entry; it does not verify the underlying correctness of the information you provide.

6.3. Compliance with Laws

You are solely and exclusively responsible for ensuring that your use of the Service and the data on your Forms complies with all applicable federal, state, and local laws and regulations.

6.4. Assumption of Filing Liability

You acknowledge and agree that Efile Workforce Payroll shall have no liability whatsoever for:

  • Rejections of filed Forms by the IRS, state, or other agencies due to inaccurate, incomplete, or invalid Customer Data.
  • Penalties, interest, fines, or other sanctions imposed by any government agency as a result of your filing, regardless of the reason.
  • Any financial losses, legal actions, or audits you incur as a result of using the Service or the data on your Forms.

7. Intellectual Property Rights

7.1. Our IP

We retain all right, title, and interest in and to the Service, including all underlying software, technology, and intellectual property rights.

7.2. Your Data

You retain all right, title, and interest in and to your Customer Data.

8. Data Privacy and Security

8.1. Privacy Policy

Our collection and use of your data is governed by our Privacy Policy.

8.2. Security

We will implement commercially reasonable security measures to protect Customer Data. However, we cannot guarantee absolute security.

8.3. SMS/Text Messaging

By providing your mobile phone number, you consent to receive automated SMS messages from us for authentication and security purposes. These messages may include One-Time Passwords (OTP) and login verification codes.

  • Service Description: We send automated SMS messages exclusively for user authentication and account security.
  • User Control: You can opt-out of these messages at any time by replying STOP to any message.
  • Carrier Compliance: Message and data rates may apply. Not all carriers are supported.
  • Support: For assistance with SMS messages, contact info@efileworkforcepayroll.com or reply HELP to any message.

9. Warranties and Disclaimers

THE SERVICE AND ALL FORMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY DELAWARE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT FILINGS WILL BE ACCEPTED BY THE APPLICABLE AGENCY.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY DELAWARE LAW:

10.1.

IN NO EVENT SHALL EFILE WORKFORCE PAYROLL, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THIS AGREEMENT.

10.2.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FILING FEES PAID BY YOU TO US FOR THE SINGLE FORM THAT IS THE SUBJECT OF THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Efile Workforce Payroll, its affiliates, and their respective officers, directors, agents, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  1. your use of the Service;
  2. your violation of this Agreement;
  3. any inaccurate, incomplete, or untimely data provided by you;
  4. any penalties, interest, or fines assessed against you by any government agency; and
  5. any claims brought by your employees, contractors, or government agencies against us relating to your use of the Service or your Forms.

12. Governing Law and Jurisdiction

This Agreement and any dispute arising from it shall be governed by and construed in accordance with the laws of the State of Delaware. You hereby expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts located in New Castle County, Delaware.

13. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY AS IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

13.1. Agreement to Arbitrate

You and Efile Workforce Payroll agree that any and all disputes, claims, or controversies arising out of or relating to this Agreement, your use of the Service, or any other aspect of the relationship between us (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration, rather than in court. This includes any claims based in contract, statute, regulation, or tort.

13.2. Waiver of Class Actions and Jury Trials

YOU MAY ONLY BRING DISPUTES AGAINST US ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. FURTHER, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND EFILE WORKFORCE PAYROLL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

13.3. Exceptions

Notwithstanding the foregoing, either party may bring an individual claim in a small claims court with valid jurisdiction. Additionally, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or confidential information.

13.4. Arbitration Rules and Governing Law

The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted in New Castle County, Delaware. The arbitrator shall apply the substantive law of the State of Delaware.

13.5. Survival

This Dispute Resolution section shall survive any termination of this Agreement.

14. Miscellaneous

Sections 5 (Financial Terms), 6 (Customer Responsibilities), 7 (Intellectual Property), 9 (Warranties), 10 (Limitation of Liability), 11 (Indemnification) and 13 (Dispute Resolution) shall survive any termination of this Agreement.

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