Terms and Conditions

1. Legal Information and Terms of Usage

Monewell is a trading name for the services of Taxback Returns Ltd., Kilkenny, Ireland and its parent company Taxback, Ireland and its subsidiaries and representative companies.

By agreeing to these Terms and Conditions, we will ensure your personal information is protected, as described in our Privacy Policy.

2. Interpretation

2.1. The following definitions will apply to this Agreement:"Agreement" means these terms and conditions including any schedules or addendums which shall for all purposes be incorporated into and form part of this agreement;

"Customer" means the person who signs this Agreement or who acknowledges whether in writing or by any other means that he accepts the terms of this Agreement govern the supply of Services to him by Monewell;

"DPA" means the Data Protection Acts 1998 and 2003.

"Effective Date" means the date of signature, or electronic acceptance, of this Agreement;

"Mandated Years" means the tax year for which it is agreed that Monewell will provide the Services to the Customer pursuant to the terms of this Agreement.

"Fees" means the charges as per service agreement;

"Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world

"Personal Data" shall have the meaning set out in the Data Protection Act 1988 as amended.

"Receipts" means the invoices and receipts provided by Customer;

"Services" means any services provided by Monewell under this Agreement for Customer.

2.2. In this Agreement, the following rules will apply:

2.2.1 a reference in this Agreement to the singular includes the plural and vice versa and words in one gender includes both genders.

2.2.2 A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

2.2.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

2.2.4 A reference to writing or written includes faxes, email or and any modes of representing or reproducing words in a visible form including electronic form).

3. Services

3.1. Monewell will prepare Customer income tax returns for submission to the Tax Authorities in the relevant country in respect of the years authorised by Customer.

3.2. An application submitted by the Customer will only cover one tax jurisdiction unless otherwise stated in writing.

3.3. Monewell will provide the Services with reasonable due care and skill.

3.4. Monewell shall have the right to make any changes to the Services, which are necessary to comply with any applicable law, or which do not materially affect the nature or quality of the Services, and Monewell shall notify the Customer in any such event.

3.5. Except for normal communications (directly related to the tax return prepared by Monewell) between Monewell and relevant tax authority, all other communications shall be matter for the Customer.

3.6. Should the Customer wish for the Agent to act on its behalf in relation to such enquiries, investigations, Revenue Audits or otherwise, then the Customer must complete a separate written request to do so. Such services may be provided under separate terms and conditions.

4. Our guarantee

Monewell guarantees that it will use its best endeavours to organise any due refund of income tax for the Customer.

Monewell will organise the refund of the maximum amount possible based on the information and documentation provided by its customers and in line with the legal entitlements and obligations of the customer within the tax law of the country from which the tax refund is being reclaimed.

Where there is a change in the applicable tax law in the country from which the tax refund is being reclaimed, or in the interpretation or implementation of the rules and laws by the tax authorities of that country, Monewell will meet its commitment to organise the refund to the degree allowed by the law. The decision of the exact value of any refund due or amount owed is the decision of the relevant Tax Authority.

Monewell will provide the refund as expediently as possible, subject to the provision of the necessary documents by the customers and the efficient processing of the refund application by the relevant tax office.

5. Exceptions to our tax refund responsibilities

Monewell is not responsible for the refund of tax where:

•  the customer has provided information, which is false, inaccurate, incorrect, insufficient or misleading in any way;
•  the customer has already received a refund;
•  the customer has already applied for a refund, either directly or through another person, natural or legal;
•  the customer owes money to the tax authority.
•  the tax authority has different information on its system than that provided by the customer
•  the tax authority information leads to a decision that the customer is not due a refund.

Where there is a possible case for appeal within the law, such measures will be taken by Monewell, where the customer information enables it to do so.

Monewell will endeavour to help the customer resolve these issues, provided it receives all necessary information and instruction from the customer.

We reserve the right to reject applications that we may reasonably believe, or suspect may intentionally or unintentionally violate any applicable local, State, Federal or international law.

6. Power of attorney

When the customer signs a Power of Attorney permitting Monewell to organise his/her refunds, he/she is agreeing to pay the fee to Monewell for the organisation of the refund. If the customer has signed a Power of Attorney authorising Monewell to organise his/her refunds, and has, with or without his or her knowledge, applied or authorised any other person, natural or legal, to organise the same refund, he/she will owe Monewell the fee for the organisation of a refund, notwithstanding that the customer has obtained a refund otherwise than with the assistance of Monewell.

If the relevant tax office sends the due refund to the customer directly, rather than to Monewell, the customer still owes the processing fee in full to Monewell for the service rendered, which resulted in the issuing of the refund.

If the customer does not pay this fee, pursuant to the information above on a voluntary basis or on request from Monewell, Monewell reserves the right to:

1. Take legal action to pursue the customer for the fee due

2. Publish the name of the customer as a Bad Debtor in the local newspaper, on the Monewell website and other media if the fee has not been paid within the rational terms given.

3. Report the customer as a Bad Debtor to the relevant financial institutions in the country of the customer.

Once authorised and registered, as your tax agent with the relevant Tax Authority, all correspondence regarding your application must be handled directly by Monewell. Any measure taken by you, the customer, to make direct contact with the tax office without first consulting Monewell will be considered as a breach of contract and our relevant processing fee will still apply for all processing work completed by us during the application process.

By signing and completing our documentation:

You understand that Monewell will contact you after using any of the online tax calculator(s). You can opt out of receiving any further correspondence by emailing unsubscribe@monewell.com.

You understand that Monewell will issue a refund estimation on receipt of your completed and signed forms. You understand that receipt of your completed documentation authorises Monewell to submit your application to the relevant tax office. Should you wish to cancel your application, you will contact Monewell immediately. You understand that while Monewell will make every effort to recall your application, this may not be possible.

7. Emails

All emails to the customer will be sent to the email address provided by the customer at registration. Monewell will expect that the customer will ensure there is sufficient space in his/her inbox to receive all emails and that the customer checks his/her email regularly - regularly being about three times a week.

8. Minimum fee

Monewell has a minimum fee for each tax refund application. Depending on the tax country from which the refund is being organised, a contingency fee is charged where the refund amount is above the minimum fee amount. For information about the fees, email fees@monewell.com. Monewell will provide information of the fee applicable per application per tax country.

For additional value-added services provided by Monewell to the customer, additional fees will be charged to cover associated administrative and management costs. Such additional services include, but are not limited to, document retrieval, personal number (e.g. SSN, PPS) verification, residency and non-residency document organisation where relevant, amendment preparation for previous returns, and certain payment options. For information about the fee for the additional services rendered for an individual case, the customer should email fees@monewell.com. Monewell will provide information of the fee applicable per customer case.

9. Refund issuance

Monewell will send the refund to the customer as agreed per communication with the customer.

Depending on the tax refund, the usual method is by bank transfer. Tax refunds received by bank transfer can be transferred to the customer’s account in any currency they choose. Customers may also opt to receive their tax refund by cheque, however in this case Monewell cannot guarantee that the cheque can be issued in the customer’s preferred currency. Customers wishing to receive their tax refund by cheque should notify Monewell of the currency they wish to receive their cheque in as early as possible in the tax refund process. Monewell will contact the customer at the time of refund to offer different payment options and at this stage should be supplied with bank details for the refund transfer.

Where Monewell receives the money from the tax office, it will deduct its fee, and necessary tax, from the amount sent to the customer.

10. Bank charges

In the case of payment by cheque, Monewell has no control over the fees charged locally by banks in cashing the cheque. Monewell will apply an administration fee for the provision of additional payment options, which are administrative in nature. Monewell informs the customer when the choice of payment option is offered.

Monewell will apply its payment options procedure to obtain the payment options choice of the Customer. Should the Customer fail to communicate his/her payment option choice within six months, Monewell will reserve the right to amend the terms of the Power of Attorney section and apply them at its discretion until the Customer reverts.

Some refund entitlements of the customer are not issued by the Tax Authorities in the form of a cheque, for example they are reimbursed by decreasing the tax liabilities or other financial liabilities of the Customer. Where such refund entitlements are organized by Monewell, the total financial benefit to the customer arising from the work of Monewell will be used as the basis for the estimation of the fee due.

11. Monewell estimator

The Monewell estimator is an estimation tool only. It should be used solely for the purpose that it is intended. All estimations provided by the Monewell online estimators are an indicator of what the customer may be entitled to based on the information inputted by the customer. Final amounts due to the customer will depend upon the information and data on actual documents submitted, the information made available and the decision of the Tax Office.

12. Communications

Unless requested to do otherwise by the customer, Monewell will advise current and past customers of

• All new refunds that they may be entitled to as and when information becomes available from the respective tax authorities;
• All new services that they may avail of with Monewell;
• All new services offered by Monewell and associated companies.

13. Amendments to terms and conditions

From time to time, Monewell may amend or add to these Terms and Conditions should the need arise. Such changes will be posted on the web-site terms and conditions and customers are advised to check it regularly to receive these updates.

14. Agreement

The submission of a registration to Monewell, by web, post, hand, fax, or email, constitutes agreement to these Terms & Conditions, including amendments thereto, by the customer.

15. Confidentiality and data handling

Monewell ensures that all Customer information is held as private and confidential. Information collected in writing and/or verbally for tax return filing services can and may be used for internal auditing purposes by Monewell and provided to the relevant Tax Office for external auditing purposes. Please note that all our calls are recorded for training and information purposes.

All documents sent to us are handled according to our document management system, which is aligned to ISO27001 standards. This system has been designed in order to reduce the volume of paper we receive while ensuring the highest standards of confidentiality and compliance are upheld.

In addition to requesting documentation and information from you, we will complete additional checks to verify your identity; these additional checks include but are not limited to sanctions check and checks of other available information sources. By applying to use the Monewell’s service you consent to us using any additional checks, we deem appropriate. All such checks will be conducted in accordance with our Privacy Policy.

16. Customer feedback

Should the customer like to query the quality of service delivered at any time, he/she is invited to email us at customerrelations@monewell.com. We will guarantee that the email will be replied to within 48 hours.

17. Blog

Monewell uses its best endeavours to ensure that all information provided on the blog is up to date and useful for our visitors and customers. Monewell will not be held responsible for the accuracy of this content or for any errors and omissions.

The information provided on the Monewell blog should not be considered as a replacement for your own research or as official legislature or literature relating to international taxation.