Effective Date: August 24, 2023
Please read these Terms of Service (“Terms”) carefully before using any of ourservices (the “Service”). These Terms govern your use of the Service providedby Ekom LLC (Doing Business as AdvizeOne) (“we,” “us,” or “our”).
1) Acceptance of Terms
By using the Service, you agree to be bound by These terms and all applicable laws and regulations. If you do not agree with any part of theseTerms, you must not use the Service.
2) Description of Service
All described services are provided by Ekom LLC on the company's website.
2.a) Business Formation/Company Registration
Service is provided to assist individuals or entrepreneurs in registering their own businesses. It offers comprehensive guidance and support throughout the process of forming a new company, processing the forms to register it in the state, and assisting in obtaining an Employer Identification Number (EIN)from the Internal Revenue Service (IRS), which is essential for tax reporting and employment purposes. Such services aim to streamline the business formation process and make it hassle-free for the business owner. All Business Formation services include:
— Company registration (LLC, Corporation) in the requested state
— Employer Identification Number (EIN) application with the Internal RevenueService (IRS)
— Post-formation document templates: Operating Agreement or Bylaws, Minutes ofFirst Organizational Meeting, Stock Certificate, and Stock Ledger.
Our Business Formation service already includes appointing a Registered Agentwithin the state of registration and/ or using our Virtual Address on formationand tax documents. Those services are still active after the businessregistration is completed as long as the subscription remains with the paymentsin good standing and active.
Once you submit your application, all information is final and may only bechanged if the business formation process has not yet started. Any change afterthe process has been submitted to the state, may result in additional fees.
The state fees are included in our pricing and will be charged directly on ourwebsite at the time of hiring Business Formation services, or an invoice sendit to you.
EKOM LLC IS NOT A LEGAL SERVICE, AND NO LEGAL ADVICE ISPROVIDED. NO ATTORNEY/CUSTOMER RELATIONSHIP IS FORMED BY USING ANY OF OURSERVICES.
Although we offer estimated timelines for the application process, be awarethat delays may happen based on external factors, such as delays from the IRSor the state.
We will provide all documents received during the process in digital format.Physical copies will only be available upon request if they are received at ourVirtual Address service. In such cases, additional fees may apply.
2.b) Registered Agent Service
Included in all our plans, a Registered Agent service, also known as astatutory agent or resident agent service, is a professional or company thatacts as an official point of contact for a business entity, such as acorporation or limited liability company (LLC), within a specific jurisdiction— state of registration. It is designated to receive important legal documentsand official correspondence on behalf of the business, including legal notices,tax forms, government communications, and service of process (lawsuits). Theregistered agent also forwards the official mail and legal documents receivedon behalf of the business to the designated point of contact within thecompany. All legal documents that we receive as your Registered Agent areaccessible for download through our customer portal. After 90 days of thereceipt date, all notifications will be securely destroyed and discarded. Youmay request a mail forwarding service to an address inside or outside the USA,within 90 days of receiving it. Shipping costs are not included in our fees andyou're responsible for reimbursing these costs prior to the shipping date.Additionally, a handling fee of $15 will be charged for each mail forwardingrequest.
2.c) Virtual Address Service
Included in all our plans, our Virtual Address service provides an actualstreet address in Orlando, Florida, regardless of your state of registration,to be used for registering a company in the state and the IRS, receivingletters, and other mail items. When mail is received on your behalf, it will bemanaged and processed. Our services include scanning the envelopes and content,except for credit or debit cards, notifying the customer of incoming mail, andsecurely storing it. All processed mail is available to access and download inour customer portal. After 90 days from the receipt date, all mail will besecurely destroyed and discarded. You may request a mail forwarding service toan address inside or outside the USA within 90 days of receiving it. Shippingcosts are not included in our fees, and the customer will be responsible forthe reimbursement prior to the shipping date. An additional handling fee of $15is charged per mail forwarding request, plus shipping fees. By using ourservice, you acknowledge that this arrangement does not constitute a lease anddoes not convey any interest in real property. Instead, it establishes arevocable license. Ekom LLC maintains legal possession and control of thefacility. Furthermore, you recognize and agree that we do not accept or processpackages of any size and reserve the right to refuse any delivery that does notalign with our terms.
2.d) Bookkeeping Service
Sold exclusively as part of our bookkeeping service is the service providedto handle the financial record-keeping and accounting tasks for businesses. Theprimary goal of bookkeeping is to accurately record all financial transactionsand maintain organized financial records, allowing companies to track theirfinancial health, make informed decisions, and comply with tax and regulatoryrequirements. The bookkeeper, a professional that provides the bookkeepingservice, reconcile the company's bank statements, and record all financialtransactions of a business, including sales, purchases, expenses, payments, andreceipts, into the company's financial books, such as ledgers and journals.
OUR FINANCIAL RECORDS AND STATEMENTS ARE MANAGED AND MAINTAINED BY A BOOKKEEPERAND NOT A CERTIFIED PUBLIC ACCOUNTANT (CPA). OR CHIEFFINANCIAL OFFICER (CFO) SIGNED, AUDITED OR CERTIFIED FINANCIAL REPORTS. WHILEOUR BOOKKEEPER ENSURES ACCURATE AND COMPLIANT RECORD-KEEPING BASED ONESTABLISHED STANDARDS AND PRACTICES, THEY DO NOT PROVIDE THE SAME ASSURANCE ORSERVICES ASA CPA. IF YOU REQUIRE FINANCIAL INFORMATION TO BE REVIEWED ORCERTIFIED BY ACPA, OR NEED SPECIALIZED FINANCIAL ADVICE, PLEASE CONSULT WITH ALICENSED CPA.
2.e) Sales Tax Registration
If required, we will assist you in registering for Sales Tax in one state.Please note that additional states maybe supported, subject to payment of extrafees.
2.f) Sales Tax Reports
We will handle the processing of monthly, quarterly, or annual Sales Taxreturns for one state. Additional states may be supported with additional fees.
2.g) QuickBooks License
As part of your plan, you will receive a QuickBooks license. This licenseenables you to access specific features that support your financial managementneeds. If you require additional features beyond what the license you offer,you have the option to upgrade to more robust QuickBooks Package at your owncost.
2.h) Customer Service
Our team is available to assist you via email, Monday to Friday, 9 AM to 5PM EST, or you can schedule an online meetings/calls for more personalizedsupport. Required to integrate external platforms (e.g., Amazon) with youraccounting software are not provided as part of our bookkeeping service.
2.i) Sales Tax Calculation Software
We do not offer Taxjar or similar software for calculating Sales Taxliabilities.
2.j) Additional Services
In addition to our regular services, catch-up services are also offered atan additional cost. Once the scope of work is approved, the catch-up serviceswill be billed according to the agreed-upon price, and we cannot issue refundsafter starting the development of the work. All companies withNexus in more than one state are subjected to a Custom Plan. It isthe customer's responsibility to provide the information and documentsrequested by Ekom, LLC's team in time, to keep the company's informationorganized, and to keep the team updated about changes in its operations andcompany structure. Failure to comply with these terms may result in terminationof the service.
2.k) Tax Preparation Services
Our tax preparation service takes on the responsibility of preparing andcompleting tax returns on behalf of our customers. This process involvescollecting all pertinent financial information and documents from your company,such as income statements, expense records, and receipts from deductibleexpenses. With this data, we calculate your company's tax liability or refund. Taxsupport is provided during the duration of your hired plan. In the event thatyour company receives any letter from the IRS regarding forms prepared andsubmitted by Ekom LLC, our plan includes up to 2 working hours of support forreviewing and responding to the letter. No tax return will be filed withoutyour explicit approval and signature. This ensures that you have reviewed andagreed to the accuracy of the information presented in the tax return before itis submitted to the relevant authorities. You are responsible for the approvaland signature prior to the due date, and you will be responsible for any fineor penalties applied by the IRS or any other government agency caused by thedelay in providing us the approval or signing the returns.
2.l) State Renewal
The State Renewal service is not included our plans, unless you have acustomized service package that states this inclusion. This service is designedto manage the annual or bi-annual filing requirements mandated by your state ofregistration, commonly known as the Annual Report or Franchise Tax. You areresponsible for any fine or penalties applied by any other government agencycaused by the delay in providing us with the approval or payment.
2.m) Customer Portal
Included in all plans, our Customer Portal is available and providesaccess to important information about your account, billing, and company.Additional features, such as Customer Service may be available while you havean active plan and subscription.
3) Industry Restrictions
At this time we are unable to provide services to the followingindustries:
— Adult entertainment
— ATM operator
— Cryptocurrency or NFTs
— Currency exchange
— Debt collection or consolidation
— Decentralized Autonomous Organization (DAO)
— Direct market/telemarketing
— Gaming/gambling
— Money Services Business (MSB)
— Payday lenders
— Promotion of racism or bigotry
— Sales of Weapons/Firearms
— Sale or distribution of marijuana, cannabis, or CBD products
Ekom, LLC at its own discretion, may approve or deny subscriptions based onadditional factors.
4) Professional Service Disclosure
Please be advised that the services provided by Ekom LLC are not renderedby Certified Public Accountants (CPAs), Attorneys, or Chief Financial Officers(CFOs). While we strive to offer quality services, we do not hold thecredentials, certifications, or privileges associated with these specializedprofessional roles. If your needs specifically require the expertise of a CPA,Attorney, or CFO, we strongly encourage you to seek out and engage with aqualified professional in the respective field. Making informed decisions basedon the appropriate expert guidance is crucial for specific financial, legal, orexecutive matters.
5) Prohibited Use
You agree not to use our services for any unlawful, fraudulent, or abusivepurpose. You will not use our services to receive mail, process payments ormanage companies that violate any laws, regulations, or postal rules. Wereserve the right to refuse service or terminate your account if we suspect anyimproper or illegal activity.
6) Age Limitation
Our site and applications are intended for use by any person who is 18years of age or older. Minors are not allowed to use it, and we stronglyrequest that they refrain from submitting any personal information to us.
7) Language Limitation for Customers
Some materials available on the site, such as questionnaires, documents,instructions, and filings, are provided solely in English. Non-Englishtranslations of these Terms and other terms, conditions, and policies areoffered for convenience purposes only. In the event of any discrepancy orconflict between translations, the English version holds authority and governs.
8) Right to Decline Service
You acknowledge that Ekom LLC retains the right to decline service to anyindividual and has the discretion to terminate user access at any time.
9) Privacy and Security
We value your privacy and will handle your personal information inaccordance with our Privacy Policy. While we take reasonable security measures,you understand that the transmission of information over the internet is notentirely secure, and we cannot guarantee the security of your data. By usingthis site, our Customer Portal, you agree to take full responsibility formaintaining the confidentiality of your account and password, and forrestricting access to your computer. You also accept responsibility for allactivities conducted under your account or password. Transferring or assigningyour account to any other individual or entity is not permitted. Youacknowledge that Ekom LLC is not liable for any third-party access to youraccount resulting from theft or unauthorized use of your account.
10) Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE CUSTOMER OR TO ANY THIRDPARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION INVALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ORPUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDINGNEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLEAND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITSESSENTIAL PURPOSE. IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY ARISINGOUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TOBREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THEAGGREGATE AMOUNTS PAID OR PAYABLE TO THE COMPANY PURSUANT TO THIS AGREEMENT THESIX-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11) Confidential Information
During the course of providing services, both parties may discloseconfidential information to each other. Each party agrees to keep suchinformation confidential and not disclose it to third parties, except asrequired by law or with the other party's written consent.
12) Modifications to the Terms
We reserve the right to modify the Terms at any time. Any changes will beeffective immediately upon posting the revised Terms on our website. Yourcontinued use of the Service after such changes will constitute your acceptanceof the updated Terms.
13) Governing Law
These Terms shall be governed by and constructed in accordance with thelaws of Florida, United States of America, without regard to its conflict oflaws principles.
14) Contact Us
If you have any questions or concerns about these Terms or the Service,please contact us at help@advizeone.com.
By using the Service, you acknowledge that you have read, understood, and agreeto be bound by these Terms.
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AdvizeOne é uma empresa parte do grupo BX Enterprise.