GENERAL TERMS AND CONDITIONS
Last updated October 24, 2024
1. GENERAL RULES AND DEFINITIONS
These general terms and conditions (the “General Terms and Conditions”) shall apply to all legal relationships between the client (“Client” or “You”) and Anderson Business Advisors, LLC or its affiliate companies including Anderson Global Business Group, LLC, Anderson Registered Agents, LLC, and Infinity Investing, LLC (“Company” or “We” or “Anderson”) including all offers, proposals, engagements, legal relationships and agreements, whatever their nature and cause, the Company’s subscription website (the “Anderson Subscription Site”) and the Platinum Membership, where Company has undertaken or undertakes to perform services (“Services”) for Client (the “Agreement”).
Applicability of any of Client’s purchase conditions or other (general) terms and conditions is expressly rejected by Company.
2. CLIENT DUTIES
Both of its own accord and at the request of Company, Client shall give its full cooperation and shall in good time and in the desired form and manner make available all relevant information and documentation which Company will reasonably deem necessary to receive from Client for the proper performance of the Services.
Client shall ensure that Company is immediately informed of facts and circumstances, or changes in facts and circumstances, that may be important, material and/or relevant in connection with the proper performance of the Services.
Client warrants the accuracy, completeness, reliability and legitimacy of the information and documentation made available to Company including information and documentation originating from third parties, except where precluded by the nature of the engagement.
3. COMPANY DUTIES
Company agrees to provide Client with the Services as listed in the Agreement. Any Services not explicitly listed in the Agreement are excluded from the Agreement and will require a separate agreement.
The Services shall be performed by Company with due consideration of the applicable legislation and regulations including the rules of conduct and professional practice applying to Company and to the persons performing the Services. Company shall never be bound to perform any acts or omissions that are contrary to or incompatible with the legislation and regulations referred to above and Client declares at all times to fully respect these obligations on Company.
Company shall have the right at any time, without prior notification or prior consent of Client, to subcontract all or part of the Services to third parties, both affiliated and non-affiliated. The engagement of subcontractors will not relieve Company of any of its obligations under the Agreement and the General Terms and Conditions. Company has the sole responsibility and liability for the performance and non-performance of the subcontractors of Company.
LEGAL SERVICES – Company is not in the business of providing Legal Services (such as litigation, arbitration, mediation, representation in business and real estate transactions or hearings of any type). In the event that any portion of the Services are interpreted as or considered to be Legal Services, Company retains the right to facilitate the use of attorneys to complete said work and Client agrees to work with the said attorneys. Any attorneys utilized will be required to exercise their own judgment and will be required to work directly with Client. Company will facilitate this relationship and work directly with the attorneys to carry out the purpose of this Agreement.
DISCLAIMER – Nothing in the Agreement and the General Terms and Conditions and nothing in the statements of the Company or its directors, officers, or employees (“Representatives”) should be construed as a promise or guarantee about the outcome of any matter. Company and its Representatives can make no such promises or guarantees.
4. FEES AND PAYMENT
The fees for the Services (the “Fees”) and (other/additional) charges, costs (such as but not limited to, filing or registration fees) are listed in the Agreement, the Service Terms and Conditions for Individual Services and (if applicable) the Terms and Conditions for Anderson Subscription Site.
The Fees are non-negotiable and are subject to change during the period indicated in the Agreement except as explicitly indicated otherwise in the Agreement, the Service Terms and Conditions for Individual Services, and (if applicable) the Terms and Conditions for Anderson Subscription Site.
Payment of the amounts due to Company shall be made by Client, without the right to any deduction, discount or compensation. Fees and (other/additional) charges, costs (such as but not limited to, filing or registration fees) shall be charged to the credit card of Client or as otherwise indicated in the Agreement, the Service Terms and Conditions for Individual Services, and (if applicable) the Terms and Conditions for Anderson Subscription Site. In case of invoicing, payments shall be made within seven (7) days after the invoice date, remitted in USD to a bank account designated for this purpose by Company or Fees, charges and costs will be charged to the credit card of Client.
In the event that Client fails to pay within the period referred to in this section 4, Company shall be entitled, without further notice of default or prejudice to Company’s other rights, to charge Client legal commercial interest (permitted by applicable laws) from the due date until the date that payment has been made in full to Company.
Client is liable for all judicial and extra-judicial collection and other costs reasonably incurred by Company as a consequence of Client’s non-performance of its obligation to pay.
In the event that no payment in advance will be applicable, if warranted by Client’s financial position or payment record, at Company’s sole discretion, Company shall be entitled to require Client to pay in advance, in full or in part, and/or furnish (additional) security, in a form to be determined by Company.
If Client fails to furnish the required security, Company shall be entitled, without prejudice to its other rights, to suspend performance of the Agreement forthwith, and any amounts owing by Client to Company for whatever reason shall become due and payable with immediate effect.
Electronic Payments: For payment for services with e-Check or ACH, services will begin after payment is received. If an e-Check is returned for any reason at all, Client will pay an additional charge of $25.00 per returned check.
5. CONFIDENTIALITY
Company shall keep secret from third parties, other than involved with the performance of the Services, any confidential information furnished by or on behalf of Client. This obligation shall not apply (i) insofar as Company is required to disclose such information by law, by any rule of a supervisory body to which supervision Company is subject, pursuant to a professional duty, or by a binding decision by a court of law or a public authority, and (ii) if such information is already known to the public or becomes publicly known, other than as a result of unlawful disclosure by Company. This obligation does not affect the right of Company to submit such information to its external legal advisors subject to similar confidentiality obligations or to a third party, including an affiliate of Company, for the performance of the Services, including so as to support the rendering of services of Company and/or an affiliate of Company.
Company is entitled to use the information made available to Company by Client when Company acts on its own behalf or on behalf of persons employed by/for or related to Company act on their own behalf in disciplinary, civil, criminal, or administrative proceedings for which such information may be relevant.
Without Company’s prior written consent, Client will not provide or disclose to third parties (the content of) the Agreement, reports, advice, or other written or unwritten statements by Company or parts thereof, which have not been formulated or made with a view to providing the information contained therein to third parties. The above is, however, not applicable in case of a legal obligation to provide or disclose and the right of Client to provide or disclose this information to its external legal advisors subject to identical confidentiality obligations.
Company has the right to – in confidence – share information regarding Client, including information about Client’s personnel, Company’s relationship with Client and the Services including confidential information and personal data, with (other) affiliates of Company (also in other jurisdictions) and to use such information to further improve and supplement its Services, where in each case affiliates of Company are required to implement safeguards to protect confidentiality.
By the way of disclosure of relationships and potential conflicts, Company does hereby advise Client that Company maintains several professional alliances with both separate and related entities. Company believes that such professional alliances are in the best interests of its Clients and that no impermissible conflicts exist. In no event is Client required to use any of the Company’s alliance partners.
6. LIABILITY
Company will perform the Services to the best of its ability, exercising the due care which may be expected of a professional practitioner. There is an obligation to perform to the best of one’s abilities (“best efforts obligation”).
In all cases, Company will only be liable towards Client for direct damage directly resulting from an (interconnected series of) imputable failure(s) in the performance of the Agreement, unless otherwise explicitly excluded by Company.
Company will only be liable if Client is able to prove that Client has suffered loss as a result of a material error on the part of Company which would have been avoided if Company had exercised due care.
Except in the case of intent or willful recklessness on the part of Company’s executive staff, this liability is limited to a maximum of one (1) time the Fees payable for the Services performed in the context of the respective engagement during the past six (6) months.
Company shall not be liable for any indirect of consequential damages including but not limited to any loss of business, loss of revenue, loss of profits, loss of anticipated savings, punitive or exemplary damages, third party claims, or any consequential loss.
Unless otherwise determined in these terms Client’s rights of action and other powers to make any claim whatsoever towards Company will to the extent permitted by applicable law, in any event, expire one (1) year after the date on which Client became aware or could reasonably have become aware of the existence of such rights of action and powers.
7. INTELLECTUAL PROPERTY
Company retains all rights to intellectual property. All intellectual property rights that Company uses or has used or develops or has developed in the performance of Client’s engagement or resulting from it, belong to Company.
Client is expressly forbidden to duplicate, disclose, or exploit products containing Company’s intellectual property rights or products vested with intellectual property rights for which Company has obtained right of use, including computer programs, system designs, processes, advice, (model) contracts and other products of the mind of Company, in the broadest sense of the word.
Client shall not be permitted to make available to third parties the intellectual property rights referred to in this section 7 other than for obtaining a professional opinion concerning the Services of Company.
For the performance of the Services for Client and/or customers of Company and/or customers of an affiliate of Company, Company is entitled to use, develop further, and exchange with affiliates of Company, the knowledge, experience, and general skills that Company has acquired as a result of performing the Services.
8. TERM AND TERMINATION
Client understands that Company will commence work immediately on Client’s behalf once payment for the Services is received in part or full, hereinafter referred to as the “Start Date”.
The Agreement is effective and remains in full force and effect from the Start Date for an indefinite period of time unless explicitly stated otherwise in the Agreement, the Service Terms and Conditions for Individual Services, and (if applicable) the Terms and Conditions for Anderson Subscription Site.
Client may terminate the Agreement at any time without cause prior to midnight of the seventh (7th) day after the Start Date, in which case Company will refund in full the paid Fees for the Services.
Client may terminate the Agreement at any time within thirty (30) days from the Start Date in case Client is unsatisfied with the provision of the Services, in which case Company will refund paid Fees for the Services in accordance with the cancellation policy of Company (the “Anderson Cancellation Policy”), the Service Terms and Conditions for Individual Services and (if applicable) the Terms and Conditions for Anderson Subscription Site.
ANDERSON CANCELLATION POLICY
Client may request a refund within thirty (30) days of the Start Date. Company may provide a full or partial refund within thirty (30) days if the Services purchased were not completed. Any fees paid directly to a service partner or to facilitate fulfilling Client’s order (including state filing fees, county fees, and publication fees) are not eligible for a refund, regardless of whether the Service has been completed. A Titanium Service is considered fulfilled when a minimum of one (1) entity is filed with the secretary of state. Platinum Membership Service is considered fulfilled after the first (1st) monthly payment is paid by Client. If Client is dissatisfied with the quality of service provided by Company upon completion of a Service, Client will provide Company a reasonable amount of time to facilitate a better service experience for Client. If Company fulfills a service, and Client changes their mind, Company cannot issue a refund. If Client is a Titanium client and Company files more than one LLC on Client’s behalf, Company cannot issue a refund. Quickbooks Online subscriptions are not subject to refunds. Virtual Bookkeeping Video Series (VBVS) refund requests must be made within 7 days of purchase. Client may call or fill out Company’s online form to request a refund. Company will review Client’s account to determine if a refund is warranted.
1. Call at 725-605-8912, or
2. Complete and submit this form: https://andersonadvisors.com/client-request-form
9. MISCELLANEOUS
In the event that any portion of the Agreement (and/or the General Terms and Conditions, the Service Terms and Conditions for Individual Services, and (if applicable) the Terms and Conditions for Anderson Subscription Site, these terms and conditions collectively referred as the “Terms”) shall be declared invalid by the court of law competent under the Agreement, the remaining sections shall remain in effect.
Company reserves the right at its sole discretion, at any time, without prior consent of Client to amend the General Terms and Conditions, the Service Terms and Conditions for Individual Services, and the Terms and Conditions for Anderson Subscription Site and/or the policies referred therein and/or made part thereof. Company will notify (email acceptable) Client of any amendments to the Terms and the amended Terms will be published on the website of Company. https://andersonadvisors.com/terms
All rights and obligations arising from the Agreement that by their purport are intended to continue in force after termination of the Agreement will remain in full force after the Agreement has ended.
Neither of the parties to the Agreement may transfer the rights and obligations arising from or related to the Agreement to a third party without the other party’s express written permission.
Company is authorized, after careful consideration of interests, to suspend the fulfillment of all its obligations, including the handing over of documents or other items to Client or third parties, until all receivables payable by Client have been settled in full. This subsection is not applicable in respect of items or documents from Client which have not (yet) been processed by Company.
A failure or delay in exercising any right, power, or privilege in respect of the Agreement and/or the Terms will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
Client understands and accepts that any telephone calls, or conversations with Company are being recorded for training and quality assurance purposes only. Client acknowledges that by becoming an Anderson client, Client will be included in Anderson’s text and email group that provides access to Anderson’s upcoming events and other opportunities available to Client as the primary user of the aforementioned account. Client may opt out of this service at any time. Additional details can be found at https://andersonadvisors.com/digitalcommunications
10. MEDIATION, GOVERNING LAW AND JURISDICTION
If a dispute arises under the Agreement, Client and Company agree to confer in good faith to resolve the dispute and to engage the services of Judicial Arbitration and Mediation Services, Inc. (JAMS) or similar mediation service prior to resorting to litigation. Such mediation shall occur within ninety (90) days of either Client or Company asserting this subsection.
If within one hundred eighty (180) days after the start of the mediation, no resolution of the dispute between Client and Company has been achieved, either party may bring legal proceedings against the other party.
The Agreement and the Terms and all disputes between Client and Company hereto arising under or in connection with the Agreement and the Terms or further agreements resulting from the Agreement and the Terms, including all disputed claims for breach by either Client or Company or any representation, warranty, undertaking or covenant on its part under the Agreement and the Terms, shall be exclusively governed and construed under the laws of the State of Nevada (without giving effect to any choice or conflict of law provision or rule) and the competent courts of Clark County, State of Nevada shall have exclusive jurisdiction.
SERVICE TERMS AND CONDITIONS FOR INDIVIDUAL SERVICES LISTED IN THE AGREEMENT
PART I
Deed Preparation By State
Standalone Deed preparation fees for all States is per property. Company prepares Deeds but does not file Deeds in PA. Company does not prepare or file Deeds in NY, NJ, MD or IL. Deed filing fees (paid directly to the county or jurisdiction for recording purposes) are included, up to $400 (four hundred dollars) per deed filing. Deed filing fees are not included for the Personal Residence Trust within the Business Essentials package.
The Unlimited Land Trust plus Ten Deeds Package includes five (5) Property Transfer deeds and five (5) Trustee Resignation deeds for a total of ten (10) deeds. Must be used in conjunction with Unlimited Land Trust Services. All other Deed services are restricted to transfers between Client and their entities and can neither be used to effectuate taxable transfers nor sales, gifts or transfers to third parties.
When requesting a deed associated with a QRP or IRA-owned LLC/property under the Unlimited Land Trust plus Deeds package, an additional fee is required per deed. The fee must be paid directly from your retirement account. When requesting an a la carte deed associated with a QRP or IRA-owned LLC/property all costs and recording fees must be paid directly from your retirement account.
PART II
Entity Formation Services
If Client desires to choose the name for any entity or entities to be filed with any State included in the Agreement, Client agrees to provide the desired name(s) within twenty-one (21) days of the Agreement. Client acknowledges that the names requested cannot be guaranteed as such names are approved at the sole discretion of each State.
Company agrees to use its best efforts to obtain the name(s) requested by Client unless Client chooses not to provide the name(s) within twenty-one (21) days, in which case Company will choose the name of the filed entity or entities and Client agrees to accept. In the event that Client does not like the name(s) chosen, Client, at Client’s sole expense, may cause a change of name to be filed in the jurisdiction(s) where the entity or entities was/were filed and Company will complete any amended bylaws, operating agreement(s) or partnership agreement(s) for Client, at the client’s expense.
PART III
Recurring Educational Support Services & Events (Online and In-Person)
It is understood that the Recurring Educational Support Services and Online and In-Person Events conducted by Company are educational in nature and limited to education on asset protection and general business planning. The Recurring Educational Support Service and Events are offered with the understanding that neither the Company nor its representatives are engaged in rendering legal, accounting, or other professional advice as part of the Recurring Educational Support Service.
The Recurring Educational Support Services are effective immediately and shall be automatically renewed in the Client-designated increments (either monthly, quarterly, or annually) unless Client provides written notice to Company of Client’s desire to terminate the Agreement at least fifteen (15) days prior to the end of the current term. Said termination shall be effective on the first (1st) day of the following term.
PART IV
Titanium VIP Services
As a Client of the Titanium VIP Services, Client is entitled to the following services as long as Client remains a Platinum Member in good standing. Company agrees to draft, organize and file Limited Liability Companies (LLCs) in the 50 States and Washington DC subject to the conditions listed below.
The Service is limited to drafting and filing of State LLC formation documents, obtaining an EIN number for each LLC, drafting of an LLC operating agreement for each LLC, providing general preparation for purposes of completing each LLC. Client must pay for each LLC’s State filing fees and registered agent fees. Client or spouse must have fifty percent (50%) or greater ownership of the LLC to be included in this Titanium VIP Service.
If Client has a child who would like to utilize the Client’s VIP Titanium Service, Client may do so for an additional, one-time fee. When the child pays the fee, a separate Titanium VIP Service is listed under their own account with Company. Additionally, a second (2nd) Platinum Membership must be in good standing on the child’s account. Client understands and agrees that Client will be the responsible party as defined by the US Internal Revenue Service (IRS) for all employer identification numbers obtained for any entity created pursuant to the Titanium VIP Service.
All LLCs created as part of the Titanium VIP Service must maintain Anderson Business Advisors, LLC, as a Registered Agent for the entire existence of Client’s entity.
When requesting a QRP or IRA-owned LLC as part of the Titanium package, an additional fee is required. The fee must be paid directly from Client’s retirement account.
PART V
Land Trust VIP Services
Company will draft unlimited Land Trusts for Client as long as Client remains an active Platinum Member. Client must maintain fifty percent (50%) or greater beneficial interest in any Land Trust formed. The Service does not include Deed preparation or Deed filing fees.
When requesting a Land Trust associated with a QRP or IRA-owned LLC/property formed as part of a Land Trust VIP package, an additional fee is required. The fee must be paid directly from your retirement account. When requesting an a la carte Land Trust associated with a QRP or IRA-owned LLC/property all costs must be paid directly from your retirement account.
PART VI
Unlimited Wyoming Statutory Trust Services
Company will draft unlimited Wyoming Statutory Trusts for Client as long as Client remains an active Platinum Member. Client must maintain fifty percent (50%) or greater beneficial interest in any Wyoming Statutory Trust formed. The Service includes preparation and filing of the Wyoming Certificate of Trust with the Wyoming Secretary of State, registration of the Trust with the IRS, application for the EIN number, drafting of the Trust Agreement and any relevant assignments of beneficial interest forms, and State-level filing if required. The Service also includes two (2) LLCs and the Company Assistance Program. Costs to pay at time of filing a Wyoming Statutory Trust will include the State filing fees and registered agent fees. The Service does not include the Platinum Membership enrollment fee, Deed preparation, or Deed filing fees.
To remain in good standing as a Platinum Member, Client must pay the recurring fee on time. Unless otherwise indicated, all State entity filing fees and Deed recording fees will be charged to the Client’s credit card on file at the time of filing.
PART VII
Platinum Membership and Platinum Membership Subscription Site
Company will provide Client with details for logging into the Platinum Membership area of the Anderson Subscription Site. Client accepts the terms by first logging into the Platinum Membership area of the Anderson Subscription Site in order to become or remain an authorized subscriber of the Anderson Subscription Site and Platinum Member.
The Platinum Membership requires a monthly subscription fee. If at any time this fee is not paid, Client will not have access to the benefits of the Platinum Membership which could also affect some of the services. In the event Client decides to cancel their Platinum Membership, and later wishes to reinstate their Platinum Membership, a $1,500 reinstatement fee will be applied.
Company reserves the right, at its discretion, at any time, to change, modify, add, or remove portions of these service terms, to change, suspend, or discontinue any aspect of the Anderson Subscription Site including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict Client’s access to parts or all of the Anderson Subscription Site without notice or liability.
PART VIII
Tax Packages Service
The Service will be effective on the date of the signed Agreement.
Company provides tax services for Client whereby Client pays an up-front fee. Upon selecting a tax package and payment of the up-front fee, Client receives a credit that may be used for Company’s various tax services such as tax preparation, tax consulting, quarterly or annual tax planning, audit protection, or bookkeeping services. Hourly rates will be charged for the Service and the credit deducted as used by Client. The credit must be used within two (2) years of date of purchase, or the credit will be lost.
Billable time rates for Client may change at any time. Billable time includes work for Services performed, communication with Client, and on Client’s behalf with governing agency and/or Client’s representative.
Anderson Tax Advantage Program will cover the following services:
- The Tax Advantage Package starts with a personalized Financial Plan,, which includes a digital Financial Plan with detailed suggestions for reaching Client’s financial goals.
- Initial phone consultation with Company’s Tax Team to review Client’s circumstances and provide future tax strategies for lowering Client’s tax bill.
- A detailed review of Client’s previous tax returns in writing to ensure Client didn’t miss any deductions or ways to lower Client’s tax bill.
- A supplement to Client’s Wealth Planning Blueprint diagram that provides a look at Client’s blueprint from a tax perspective (Digital Tax Blueprint).
- A credit toward Client’s tax return preparation and any tax planning sessions with a Company Tax Advisor.
- Audit protection on all tax returns filed by Anderson.
- Quarterly Tax Planning Livestream Sessions and Q&A.
- Access to Tax-Wise live stream and recordings from the past year.
Audit Protection provided by Company will cover the following services with regard to an IRS audit for tax returns prepared using the credit from the Tax Package or when audit protection is purchased per return:
- Response to IRS letters.
- Assign taxpayer team who will handle audit on taxpayer’s behalf.
- Research applicable IRS rules and regulations.
- Review returns, organize data, and make recommendations.
- Meet with IRS on taxpayer’s behalf.
- Advocate taxpayer’s position to achieve optimal results.
- Negotiate on taxpayer’s behalf through appeals and prior to trial.
Certain audits are excluded for the reasons listed below:
- Fraud: No defense of fraudulent returns.
- Tax Protestors: No defense of frivolous tax claims.
- Pre-Existing Conditions: We can only defend claims that arise from returns prepared as part of the tax package. If Client has an existing audit, we can cover it only by separate agreement and for an additional fee. Criminal Investigations are specifically excluded from defense.
- Delay: Members must notify Company promptly if the IRS contacts Client. Client must not contact the IRS directly. If a Client willfully delays notifying Company of the audit and said delay prejudices the defense of the claim, Company will not defend the claim.
- Cooperation: Client agrees to cooperate with Company’s staff and to be responsive to Company’s requests.
- Federal Income Taxes: Company will only deal with the IRS.
- Returns: Company can file or amend any returns for an additional fee.
- Legal Services: Company is not engaging in legal services. Audit protection benefits extend up to trial. Company does not provide legal assistance or represent members in court, although Company can make arrangements for someone to represent Client should it be required. Additional fees will be required to be paid to such professionals.
Return Preparation Not Covered: Audits for returns not prepared by Company are not covered by audit protection or any returns that Company prepares but due to Client were not prepared within three (3) years of the original due date.
PART IX
Events and Photo & Video Release
For and in consideration of Client’s engagement as an attendee of the Live In-Person or Online Event or Conference by Company, on terms or fee hereinafter stated, Client hereby gives Company, its legal representatives and assigns, the right and permission to copyright and/or use, reuse and republish comments and questions asked in any online chat or Q&A feature, photographs or videotape recordings of Client, for any purpose whatsoever, including the use of any printed matter in conjunction herewith. Client hereby releases, discharges and agrees to save harmless Company, its representatives, assigns, employees or any person or persons, corporation or corporations, acting under its permission or authority, from and against any liability as a result of any distortion, blurring, or alteration, optical illusion, or use in any composite form, either intentionally or otherwise, that may occur or be produced in the taking, processing or reproduction of the finished product, its publication, distribution, or broadcast of the same.
PART X
Mail Forwarding Services & Company Assistance Program
Mail Forwarding Service applies to one (1) entity, billed annually. Mail Forwarding Service may be purchased for additional entities at an additional cost per entity. Mail Forwarding Service is included with Company Assistance Program and Client receives Mail Forwarding Services for all entities listed under the account that has ordered Company Assistance Program. Client may have only one (1) mail forwarding address listed with Company to forward mail to, as part of the Company Assistance Program and Mail Forwarding Services.
That address may not be the local Registered Agent address. Local Registered Agents are never to be used for Mail Forwarding Services purposes. Client agrees to have only one (1) address on file for Mail Forwarding Services and is limited to one (1) address change quarterly.
Unless otherwise specified in any services agreement between Client and Company, or pursuant to applicable federal/state statutes, rules, or regulations, Mailbox Service in connection with Mail Forwarding Services is limited to the receipt and forwarding of official federal, state, and local correspondence as well as service of process, and Client hereby acknowledges and agrees that Company does not, and shall not, provide mailing addresses and/or mail forwarding services unless Client specifically orders such service in a jurisdiction where Company offers the same.
Client agrees that Company and its employees have permission to open, scan, and any other act required to access physical mail in order to facilitate the Mail Forwarding Services. Mail containing checks, credit cards, or anything else needed physically will be forwarded on to Client. Mail Forwarding Services are only applicable to mail received addressed to an entity. Any mail addressed to individuals will not be opened and will be returned to sender. Company reserves the right to open and inspect any packages or mail which may arrive damaged or that may be otherwise of questionable integrity or legality.
Client agrees that Client will not use Company’s premises or any Services for any unlawful, illegitimate, or fraudulent purpose or for any purpose prohibited by U.S. Postal regulations.
Client further agrees that any use of the Mailbox shall be in conformity with all applicable federal, state, and local laws.
It is Client’s responsibility to maintain the username and password to the account that contains the Mailbox. Possession of the Mailbox username and password shall be considered valid evidence that the possessor is duly authorized to access any contents from the Mailbox. Company is not responsible for any unauthorized access to Client’s account that was accessed through the use of Client’s username and password. Any person Client provides Client’s username and password is at Client’s own risk. In the event of death or incapacity of Client, Company will require the appropriate documentation from them before releasing mail to a requesting party.
Mail Forwarding Services to Mailbox are limited to regular and certified mail. Mail Forwarding Service does not include courier packages (FedEx, UPS, DHL, Amazon, etc.), boxes, bulk mail, international mail, or magazines. Courier packages can be forwarded at an additional cost per package, on an ad hoc basis. Client understands that Company’s policy includes a twenty- four (24) ounce limit per month. Any mail sent within a thirty (30) day period that exceeds the twenty- four (24) ounce limit can be forwarded at an additional cost. Client understands that Company’s mail retention policy is to hold mail for thirty (30) business days, after that time period all mail will be securely disposed of. There will be no pro-rations or refunds for cancellation of any service. Mailbox Service fees in connection with Mail Forwarding Services and other related fees stated herein are subject to change.
It is the Client’s duty to keep Company informed of a current valid mailing address, email address, and telephone number. If Company cannot reach Client, Company reserves the right to terminate this Service. In the event Company is unable to contact Client for more than sixty (60) days, it is Company’s policy to terminate all Services. Upon expiration or termination of Services, it is Company’s policy to return mail to sender. If mail cannot be returned to sender, it will be held for thirty (30) days and then securely disposed of.
The initial term of the Mailbox service shall be one (1) year. Mail Forwarding Services and Company Assistance Program automatically renews and will be billed for a one (1) year term unless prior arrangements are made between Company and Client.
For digital mail, it is the client’s responsibility to check and maintain emails sent from the company to the client and maintain the username and password to the secure file portal that contains their digital mail. All digital mail, including mail pertaining to Service of Process, will be uploaded to the client’s secure file portal. It is also the client’s responsibility to notify the company of any changes to the primary email address on the client’s account.
Client agrees that Company may terminate this Service with or without cause at any time. Good cause shall include, but is not limited to i) Client abandons the Mailbox; ii) Client uses the Mailbox for unlawful, illegitimate, or fraudulent purposes; iii) Client fails to pay monies owed when due; iv) Client receives an unreasonable volume of mail or packages; v) Client engages in offensive, abusive or disruptive behavior toward other clients of Company or Company’s employees; and 6) Client violates any provision of these terms. Client acknowledges that, for the purpose of determining good cause for termination of these terms as provided herein, the actions of any person authorized by Client to use the Mailbox will be attributed to Client.
Client agrees to protect, indemnify, defend, and hold harmless Company, and their respective affiliates, subsidiaries, parent corporations, franchisees, officers, directors, agents, and employees from and against any and all losses, damages, expenses, claims, demands, liabilities, judgments, settlement amounts, costs and causes of action of every type and character arising out of or in connection with the use or possession of the Mailbox, including without limitation, any demands, claims and causes of action for personal injury or property damage arising from such use or possession, from failure of the U.S. Postal Service or any commercial courier service to deliver on time or otherwise deliver any items (mail, packages, etc.), from damage to or loss of any package or mail, or to the Mailbox contents by any cause whatsoever, and from any violation by Client of applicable federal, state or local laws.
Under no circumstances will Company, its owners, employees, advisors, agents, and representatives be liable or responsible for any damage or inconvenience caused or alleged to be caused by the use of Mailbox and in connection with Mail Forwarding Services including but not limited to lost mail.
Client’s Mailbox shall not be assigned without the express consent of Company. In the event Client lists Company’s address as the business address for Client or one of the entities on Client’s account, Company reserves the right to terminate Service for the Account or resign as the registered agent for any entity on the Client’s account, and Client shall not be entitled to any refund. Additionally, Client agrees that the cost of any such resignation shall be Client’s responsibility. Client agrees to hold harmless and indemnify Company for any costs or damages related to Client’s unauthorized use of a Company’s address as an entity’s business address. Client assumes all risk when making unauthorized use of Company’s business addresses. Additionally, Company disclaims any perceived, implied or actual duty to forward items received on Client’s behalf pursuant to Client’s unauthorized use of Company’s business address, and specifically disclaims any responsibility or liability for failure to forward such items. Client knowingly and freely assumes all risk when making unauthorized use of the Company’s business address.
Company adheres to all regulations set forth in the Model Registered Agent Act, as well as the Nevada Revised Statutes. In the event Company suspects any Client is engaging in fraudulent activities of any kind, Company will terminate Services immediately. Company maintains strict policies of fairness and professional conduct.
PART XI
Registered Agent Mail Services
In the event that Client lists Company’s address as the business address for any entity without express permission from Company, Company reserves the right to terminate service for the account or resign as the registered agent, and Client shall not be entitled to any refund. Additionally, Client agrees that the cost of any such resignation shall be Client’s responsibility. Client agrees to hold harmless and indemnify Company for any costs or damages related to Client’s unauthorized use of a Company’s address as an entity’s business address. Client assumes all risks when making unauthorized use of Company’s business addresses. Additionally, Company disclaims any perceived, implied or actual duty to forward items received on behalf of the entity or Client pursuant to use of Company’s business address, whether authorized or unauthorized and specifically disclaims any responsibility or liability for failure to forward such items. Client knowingly and freely assumes all risk when making use of the Company’s business address.
PART XII
Registered Agent & Company Assistance Program Services – Annual Fees
Both Registered Agent and Company Assistance Program services require an annual fee to maintain active status for the service and continue to have access to the benefits offered.