You have entered into a Software Subscription Agreement (“Agreement”) with Integrity Data of Illinois, Inc. (“ID”). This ACA Fulfillment Services Addendum (“Addendum”) provides additional terms and conditions to the Agreement but only with respect to ID printing, mailing and e-mailing Form 1095 employee copies (“Forms”) generated by your use of the ID’s ACA Solution Software (the “Software”) under the Agreement. If there is any conflict between the terms of the Addendum and those of the Agreement, the Addendum terms shall control. Defined terms from the Agreement have the same meaning in the Addendum.
1 . Fulfillment Services. By accepting this Addendum and providing your payment information (credit card, EFT, debit account, etc.), ID will print and deposit the Forms in the U.S. Mail with prepaid First Class postage or e-mail Forms via standard SMTP, addressed to the employees that you designate and for whom you provide full names, mailing addresses, and e-mail addresses (the “Services”). The deadline for releasing Forms to be fulfilled is January 28, 2018 to ensure a January 31, 2018 postmark as required by the IRS. (“Info Deadline”). Should the IRS publish a change to the January 31, 2018 postmark date, the deadline for releasing Forms to be fulfilled will be 10 calendar days prior to the new IRS published deadline.
2 . Fees and Payment. You will be charged a fee per Form for the Services and be billed for the related costs. By accepting this Agreement, you authorize ID to charge the credit card or debit the bank account that you have designated after ID has completed the Services and provided you with an invoice reflecting the actual number of forms printed and mailed as well as the corresponding postage paid and any tax that may be assessed on the Services and mailing. If ID has authorized you to pay by check, ID will send you an invoice that is due upon receipt. If payment is not received within 15 days of the invoice date, the invoice balance will be charged to the card that you have designated. You agree to reimburse ID for all costs of collection, including reasonable attorney’s fees and costs.
3. Disclaimer. ID DOES NOT MAKE ANY REPRESENTATIONS OR PROVIDE ANY WARRANTIES RELATED TO THE SERVCES, WHETHER EXPRESS OR IMPLIED, INCLUDING SUITABILITY AND ACCURACY. THE SERVICES INCLUDE DEPOSITING THE FORMS IN POSTAGE PAID ENVELOPS INTO THE U.S. MAIL. ID CANNOT GUARANTEE THAT THE U.S. POSTAL SERVICE WILL PROPERLY DELIVER ALL OF THE FORMS.
4. Limitation of Liability. ID AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO GOVERNMENT FINES OR PENALTIES, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES UNDER ANY THEORY OF LAW. DEPENDING ON WHERE YOU ARE LOCATED, SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT WILL ID’S TOTAL LIABILITY EXCEED THE AMOUNT YOU HAVE PAID ID FOR THE SERVICES UNDER THIS ADDENDUM.
5. Term and Termination. If you accept this Addendum and provide the necessary employee names and addresses before the Info Deadline set by ID, this Addendum will begin on the date you accept it and end once the Services have been performed. You may cancel this Addendum with 3 days advance written notice no later than 3 days before the deadline provided by ID. If you cancel this Addendum, you will be charged a cancellation fee of $250.00. ID may terminate this Addendum if you fail to provide the employee names and addresses to which copies are to be mailed by Info Deadline.