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ACA ASSURE®" `;; � <br /> ACA ASSURED"TERMS AND CONDITIONS <br /> SECTION 1: SERVICES <br /> 1.1 ACA Audit Protection (hereafter, "Audit Protection") is a professional service that provides Clients <br /> with representation by legal counsel when facing an examination by the IRS. Audit Protection covers the IRS <br /> examination through the examination findings by the IRS. Clients paying for Audit Protection will receive <br /> representation regarding tax years in which Client purchased Audit Protection. Client must notify ACA <br /> AssuredTM of an audit within 7(seven)days of receipt of notice of audit(calculated from date on earliest <br /> notice of audit by Client)to be eligible for representation during audit. ACA AssuredTM will handle all <br /> communications between an auditor and Client,work with you to develop a strategy for the audit, and <br /> negotiate with the auditor on your behalf to resolve the audit. A settlement with the IRS will not be reached <br /> without Client's approval. <br /> 1.2 ACA Audit Protection+ Assurance Advice' is a professional service that will provide Clients with Audit <br /> Protection as well as an analysis of potential liability under the Affordable Care Act(ACA) based upon the data <br /> provided to staff of ACA Assured'from Client and ACAWorks. ACA AssuredTM will use this data to produce a written <br /> report detailing the data provided and ACA AssuredT's analysis of Client's implementation of a benefits plan as <br /> compared to the requirements of the ACA, and the potential for fines,fees, penalties,compliance issues, along with <br /> an analysis of attributes that may increase Client's chance for audit by the IRS or other regulatory agencies. <br /> 1.3 Exclusions. <br /> a. Audit Protection does not cover audits for fiduciary violations,ERISA violations, payroll taxes, <br /> unemployment taxes, income tax,or any other non-ACA related investigation, audit, or inquiry. Audit <br /> Protection does not protect against investigations into violations of HIPAA,COBRA,GINA,or other statutes, <br /> regulations, or provisions related to providing health care to employees or their dependents. The fact that a <br /> government agency questions, examines, or otherwise discusses facets under or related to the ACA does not <br /> subject ACA AssuredTM to provide Audit Protection to Client in the audit. Audit Protection does not protect, <br /> shield, prevent, or indemnify Client from or against monetary penalties,fines,fees, or other payments as a <br /> result of an audit. Audit Protection does not provide assistance relating to collection notices or actions from <br /> the IRS or other governmental agencies. Audit Protection does not provide coverage of pre-existing audits, <br /> years for which Audit Protection was not purchased,years wherein Client did not file a tax return,or criminal <br /> investigation. <br /> b. Assurance Advice"" services do not cover legal,financial, or other issues related to benefits or <br /> benefits administration, or the quality or legality of healthcare provided, such as whether a plan offered <br /> meets minimum coverage requirements,qualifies for grandfathered status,or any other issue related to <br /> health care administration or management. <br /> 1.4 Annual billing. Client will be billed for the elected services during their anniversary month by <br /> ACAWorks. Client must contact ACAWorks to request cancellation of all ACA Assured'services 30 days prior <br /> to the first day anniversary month,otherwise Client will be billed the annual fee at then-current rates for all <br /> applicable ACA AssuredTM services. <br /> 1.5 Purchase timeframe. The services provided by ACA Assured' listed in Sections 1.1 and 1.2 may be <br /> purchased any time during the calendar year for that corresponding calendar year only. <br /> 1.6 Additional services. Clients of ACA Assured" in need of additional,customized services may obtain <br /> those services via referral to the supporting law firm. These services will be provided at preferred rates to <br /> ACA Assured" Clients,subject to the firm's standard policies and engagement agreement. A lawyer-client <br /> relationship does not,and will not exist between Client and the participating law firm until an engagement <br /> agreement has been executed between the law firm and Client. In that event,the attorney-client <br /> relationship will be governed by the engagement agreement and not by these terms and conditions. <br /> 9,22.15 <br /> 8 <br />