March 3, 2020
SERVICE SCHEDULE 2 – ACCUREG
THE FOLLOWING TERMS APPLY TO THE COMMPLIANCE GROUP’S (“TCG”) ACCUREG SERVICE (“ACCUREG SERVICE”). BY ACCEPTING A SERVICE ORDER FOR ACCUREG SERVICE, CUSTOMER AGREES TO THESE TERMS IN ADDITION TO THE GENERALLY APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH IN THE MASTER SERVICE AGREEMENT.
AccuReg Service is a document preparation and filing service pursuant to which TCG will prepare and file reports, returns, documents or submissions that Customer is required by law or regulation to remit to a Governmental Agency by a pre-determined filing deadline, whether on a recurring or non-recurring basis (hereafter collectively referred to as “Reports”).
TCG is not a law firm and does not provide legal advice. TCG provides Customer with access to its AccuCompliance Platform for information, self-help, and Consultant-managed document preparation and filing services (“Services”). The Services provided by TCG along with the content on our website and AccuCompliance Platform is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of Applications, or apply the law to the facts of your situation.
If you need legal advice for a specific problem, you should consult with licensed attorney. If you seek consultation with a licensed attorney qualified in the areas of general business law and telecommunications law, TCG will provide a referral to law firm of Marashlian & Donahue, PLLC or another licensed attorney, if you so desire. Neither TCG nor any information provided on its AccuCommpliance Platform nor TCG’s consulting services are substitutes for legal advice from a licensed and qualified attorney.
Neither the hiring of TCG nor your use of the Services creates an attorney-client relationship between you and TCG, or between you and any TCG employee or representative.
Scope of AccuReg Service
A subscription to AccuReg Service will outsource to TCG the management of all monthly, quarterly and annually recurring compliance reporting requirements applicable to providers of regulated communications services providers operating under the jurisdiction of any of the following governmental regulatory agencies (“Regulatory Agency(ies)”):
- Federal Communications Commission (“FCC”)
- State Public Utility Commissions and State Public Service Commissions (“PUCs”)
- Puerto Rico Telecommunications Board (“PRTB”)
- Canadian Radio-television and Telecommunications Commission (“CRTC”)
Generally Applicable Information on the Types of Fees Applicable to AccuReg Service
TCG’s AccuReg Service is offered pursuant to recurring, Subscription-Based Fixed-Fees (“Subscription-Based Fixed-Fees”), as specifically set forth in Customer’s Service Order. Most, but not all work performed by TCG is offered within the scope of the Subscription-Based Fixed-Fees. In certain, limited, circumstances, Out-of-Scope or other Non-Fixed-Fees may apply. Out-of-Scope, Non-Fixed-Fees typically apply as follows:
- When Customer fails to fulfill Customer’s Responsibilities, as detailed in the Master Service Agreement;
- When Customer requests or otherwise requires Non-Legal or Legal consultative services in addition to the document preparation and filing service that comprises TCG’s AccuReg Service; and
- When Customer purchases any a la carte compliance reporting services.
What is “In Scope” of the Fixed-Fee Rate offered by TCG?
Not all TCG services are “In Scope” of the Subscription-Based Fixed-Fee rates applicable to AccuReg Services. Examples of “Out-of-Scope” services are detailed in the Master Service Agreement.
The following services are “In Scope” of TCG’s AccuReg Services:
- Identification and compilation of all information and data Customer is required to provide;
- Review of information and data provided by Customer to confirm completeness/sufficiency;
- Drafting of Covered Reports;
- Making draft Reports available for Customer review;
- One round of revisions to Report;
- Preparation and submission of Report;
- Setting up online account with Government Agency, as necessary;
- Payment of Government Agency filing fees (filing fees are pass-through expenses, which are Customer’s duty to fund);
- Storage of Report (or copy thereof); and
- Reasonable communications with Customer related to compliance reporting.
Customer Notice and Approval of Out-of-Scope and/or Non-Fixed Fees
Prior to TCG Performance
In all circumstances where either Out-of-Scope or Non-Fixed, Non-Subscription-Based Fees apply, Customer shall either/or be provided Individual Case Basis (“ICB”) pricing prior to TCG’s performance or written notice that such fees apply. Except where exigent circumstances exist, TCG shall await Customer’s written authorization approving either Out-of-Scope or Non-Fixed Fees prior to performance.
Customer’s Responsibility to Provide Data
Customer’s primary responsibility is to supply TCG with complete and accurate information and data. (hereafter, collectively referred to as “Data”) in response to our requests. TCG’s data collection procedures are referred to as “Data Requests.” Failure to supply complete and accurate responses to TCG’s Data Requests in a timely manner hinders TCG’s ability to maintain efficient, cost-effective corporate compliance on Customer’s behalf.
Routine Data Request Schedule.
For all recurring reporting requirements. TCG will prepare a required reporting calendar which will include reporting due dates. This calendar will be available on TCG’s client portal for review at any time. Based on the required reporting calendar, TCG will e-mail the customer with a data request. This data request will be sent within a reasonable time after the close of the applicable reporting period.
Data Request Process. Customer is responsible for responding to and submitting all Data Requests to TCG in accordance with the following process: Monthly Data Requests must be submitted five (5) calendar days after the close of the applicable reporting period.
Monthly Data Processing Service Subscription. For Customers who subscribe to
this service, the customer’s approved billing or tax service provider will supply the monthly data feed directly to TCG by the third (3) calendar day after the historical reporting period. Upon receipt of month data feed, TCG will e-mail the data request to the client. This data request will include a certification of the completeness and accuracy of the data feed from the billing and tax service provider and entry of non-data feed required information. The client will submit this by the date listed above.
Monthly Excel Reporting Service Subscription. For customers who subscribe to this service, the customer will submit their billing information on TCG prepared excel worksheet. Upon completed submission of the excel worksheet, TCG will e-mail the data request to the client. This data request will include a certification of the completeness and accuracy of the excel data worksheet and entry of non-data excel data worksheet required information. The client will submit this by the date listed above.
Monthly Data Request customers will be required to complete Quarterly and Annual Data requests to verify the summary of submitted months and to respond to questions not included in the monthly data requests.
Quarterly Data Requests must be submitted twenty-four (24) calendar days after the end of the historical reporting period. (Usually the 24th of the preceding month)
Quarterly Data Request customers will be required to complete Annual Data requests to verify the summary of submitted months and to respond to questions not included in the Quarterly data requests.
Annual Data Requests must be submitted fifteen (15) calendar days prior to the reporting due date. (If the reporting due date is April 1st, the data request need to be submitted March 18th )
Absent Unique circumstances, TCG will send Data requests to the customer in a reasonable time after the historical reporting period is complete.
Customer shall submit a complete and accurate data request in the required format. Certification of data is required in the submission process.
Most Routine Data requests will be in the form of an electronic data request. These data requests must be completed and submitted to be considered received by TCG. In some circumstances other forms of data request will be required.
Failure to submit a Completed Data Requests by the due date may prevent timely submission of Reports which, in turn, may result in the imposition of penalties, fees and other adverse consequences by government agencies. Customer may receive an extension of the Data submission deadline by providing TCG with written notice and after obtaining TCG’s prior consent.
TCG shall prepare all reports within the scope of the particular Data Request upon receipt of the completed Data Request.
In the event TCG provides Customer with drafts of Reports for review, confirmation or officer signature, it is Customer’s responsibility to take actions requested by TCG in a timely manner;
Unless Customer is required to or elects to remit Reports directly to the Governmental Agency, TCG will submit all tacitly and expressly approved Reports.
TCG will make copies of all submitted reports, summary of confirmed submissions and documentation of fee payment available on the clients portal.
Non-routine Data Requests . Certain reports are out-of-scope of Routine Data Requests. For these reports, TCG will provide Customer with a Non-routine Data Request in a reasonable period before the reporting deadline. Customer agrees to return the completed Non-routine Data Request at least seven (7) calendar days before the reporting due date.
One-Time Filing Data Requests. Customer agrees to provide Data in the format specified by TCG. TCG reserves the right to refuse acceptance of any Data
Request file that is not in the correct format. The customer may request TCG to provide services necessary to conform to TCG’s required data format. This work will be billed outside the scope of Managed Corporate Compliance Reporting Services.
Accuracy of Data. Customer is solely responsible for the accuracy of the Data provided in response to TCG’s Data Requests. TCG does not audit, validate, or verify customer Data. Verification, confirmation, or reconciliation of Data provided to TCG is out of scope of any Fixed-Fee service.
Customer’s Responsibility to Pay Expedite Fees for Late-Submitted Data
Expedited Filing Fees. Completed Data Request Worksheets and responses, and if applicable, Escrow funds necessary to submit corporate reports must be delivered to TCG within the applicable “Data Request Schedule” Customer provides notice and obtains TCG’s prior consent to an extension of the Data submission deadline.
Late Data Policy. Customers failing to submit complete, accurate, and timely Data shall be subject to TCG’s Late Data Policy, including per Report Expedite Fees, as established in the applicable Service Schedules and related mailing costs.
Customer’s Responsibility to Pay Expedite Fees for Late-Submitted Data
Customer’s delinquent in the submission of complete and accurate Data shall be subject to the following terms:
DATA SUBMISSION POLICY
Received within 7 days of reporting/return deadline
$75 per filing or report
Received within 2 days of reporting/return deadline
$125 per filing or report
Failure to submit Completed Data Requests within the allotted period may also result in the delinquent submission of Reports and Returns which, in turn, may result in the imposition of late penalties, fees and other adverse consequences by government agencies. If Data is provided less than five (5) days before a deadline, TCG may at its discretion, submit Reports using overnight or express delivery without providing advanced notification to Customer, and expedited expenses will be will be deducted from the customers Escrow Account as outlined in the Master Services Agreement, in addition to Expedite Fees, pursuant to the Late Data Policy.
TCG does not warrant nor guarantee timely filing of any report or return if Data is received less than three (3) days before the deadline.