Terms of Service

1. Authorization to File Appeals

By using OverTaxed IL and accepting these Terms, you authorize OverTaxed IL to act as your authorized representative for the purpose of filing property tax assessment appeals on your behalf with the appropriate county assessor's office, board of review, or other tax authority.

You grant OverTaxed IL authority to file appeals, submit documents and evidence, communicate with tax authorities, and receive and respond to notices and decisions regarding your appeals. This authorization remains in effect for the duration of your active subscription or until you cancel in accordance with these Terms.

2. Relationship to Property

You represent that you are either the legal owner of the property(ies) listed in your account or authorized by the legal owner to file appeals on their behalf. You agree to provide accurate information and to update OverTaxed IL if ownership changes.

3. Fee Structure and Payment Terms

3.1 Subscription Plans (Starter, Growth, Portfolio). For subscription-based plans, you agree to pay the annual subscription fee as selected at the time of signup. Fees are billed annually on your subscription anniversary date and will automatically renew unless cancelled.

3.2 Performance Plan – Percentage-Based Fee. If you select the Performance Plan, you agree to pay OverTaxed IL a fee equal to four percent (4%) of the total tax savings achieved over a three (3) year period from the date of the first successful appeal reduction.

3.2.1 Calculation of Tax Savings. "Tax Savings" means the total reduction in property tax liability resulting from successful appeals, calculated as follows:

• Tax Savings = Assessment Reduction × Tax Rate × Equalization Factor
• Tax Savings are not calculated by comparing prior years' taxes to current years' taxes.
• Total Tax Savings = Sum of Tax Savings for all tax years within the 3-year period.
• Partial reductions: Tax Savings are calculated on the actual reduction granted. Denials: no Tax Savings.

3.2.2 Payment Options. Option A (Upfront): Pay the full 4% fee within 30 days of final determination of the 3-year Tax Savings. Option B (Installments): Pay the 4% fee in three (3) equal annual installments, first due within 30 days of the first successful appeal reduction, then on each anniversary.

3.2.3 Invoicing. OverTaxed IL will send an invoice detailing original and reduced assessments, Tax Savings per year, total Tax Savings, the 4% fee calculation, and payment due date.

3.3 Comps-Only Plan. For the Comps-Only plan, you agree to pay a one-time fee of $69 per property for each comp packet generated.

4. Collections and Default

4.1 Payment Obligation. You agree to pay all fees due under your selected plan within the timeframes specified. Fees are due and payable within 30 days of invoice receipt unless otherwise agreed in writing.

4.2 Payment Terms. Any unpaid balance for more than 30 days after billing shall be deemed delinquent. Delinquent amounts shall be subject to a monthly finance charge of 1.5% per month (or the maximum rate permitted by Illinois law, whichever is less) until payment is received. Interest shall accrue at the highest rate permitted by applicable law if 1.5% per month exceeds that limit. OverTaxed IL may send a first collection notice 7 days after the due date. A final notice before legal action may be sent 45 days after the due date.

4.3 Late Payment Consequences. If payment is not received by the due date: OverTaxed IL may suspend your account and all services until payment is received; the monthly finance charge will apply; OverTaxed IL may refer the account to a collections agency or attorney for collection.

4.4 Acceleration. If you fail to pay any Performance Plan fee when due (including any installment), OverTaxed IL may, at its option, accelerate the entire unpaid balance and declare all remaining installments immediately due and payable.

4.5 Collections Actions. If the account remains unpaid 60 days after the due date, OverTaxed IL may refer the account to a collections agency or file suit in a court of competent jurisdiction, including the Circuit Court of Cook County, Illinois, or Small Claims/Claims Court, as appropriate. OverTaxed IL may send collection letters (Notice of Intent to Collect, Final Notice Before Filing Suit), engage a collections agency, and pursue legal action including filing suit, obtaining judgment for the balance plus interest, late fees, court costs, filing fees, and reasonable attorney's fees, and enforcing the judgment through wage garnishment, bank levies, or property liens. You will be responsible for the full balance owed plus all accrued interest, late fees, court costs, filing fees, and reasonable attorney's fees as provided in Section 4.6.

4.6 Costs of Collection. If any proceeding is brought to enforce collection, you shall reimburse OverTaxed IL for all reasonable costs of collection, including court costs, filing fees, and reasonable attorney fees.

4.7 Waiver of Defenses. You agree that the amount of any Performance Plan fee set forth in an invoice shall be final and binding upon you unless you dispute the calculation in writing within 30 days of the invoice date, specifying the alleged error. After 30 days, the fee amount may not be disputed except for manifest calculation error. You waive any defense based on statute of limitations, laches, or similar doctrine for amounts due under these Terms, except as required by applicable law.

4.8 Credit Reporting. OverTaxed IL reserves the right to report delinquent accounts to credit bureaus or similar reporting agencies in accordance with applicable law.

4.9 Consent to Jurisdiction. You consent to the personal jurisdiction of the courts of the State of Illinois for any action to collect amounts due hereunder.

4.10 No Refund for Performance Plan Fees. Once a Performance Plan fee is calculated and invoiced based on actual Tax Savings, the fee is non-refundable, except as required by law.

5. No Guarantee of Results

OverTaxed IL does not guarantee that any appeal will result in a reduction of your property tax assessment. The decision to grant or deny an appeal rests solely with the tax authority. OverTaxed IL has no control over those decisions. County decisions are final and binding subject only to processes provided by law.

6. Technology Platform; Not Legal or Tax Advice

OverTaxed IL is a technology platform that automates the property tax appeal process. OverTaxed IL is not a law firm and does not provide legal advice; not a tax advisor and does not provide tax advice; and not a licensed appraiser. You are not relying on OverTaxed IL for legal, tax, or appraisal advice. Consult qualified professionals if you need such advice.

7. Limitation of Liability

To the maximum extent permitted by law, OverTaxed IL shall not be liable for any indirect, incidental, special, consequential, or punitive damages; loss of profits, revenue, data, or use; or any damages arising from denial of appeals by tax authorities, errors or delays in filing, technical failures, inaccurate data from third-party sources, or your failure to provide accurate information.

OverTaxed IL's total liability shall not exceed the amount of fees you have paid to OverTaxed IL in the twelve (12) months preceding the claim.

8. Cancellation and Changes

You may cancel your subscription at any time via your account or by contacting OverTaxed IL. Upon cancellation, your subscription will not renew; you will have access until the end of your current billing period. For the Performance Plan, you remain obligated to pay fees for Tax Savings achieved during the 3-year period, even if you cancel.

Refunds: Subscription plans – within 30 days of initial signup (satisfaction guarantee). Performance Plan – no refunds once fees are calculated and invoiced. Comps-Only – no refunds for comp packets already delivered.

9. Modifications

OverTaxed IL reserves the right to modify these Terms at any time. Material changes will be communicated via email or through the platform. Continued use of the service after such modifications constitutes acceptance. Material changes may require your renewed acceptance.

10. Governing Law

These Terms shall be governed by the laws of the State of Illinois. Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that OverTaxed IL may seek injunctive relief in any court of competent jurisdiction.

11. Contact

Questions about these Terms? Contact us at support@overtaxed-il.com.