Specific Terms & Conditions

Effective date: 14 September 2019

Overview

The following list of legally enforceable agreements affect you (the registered customer or guest) and The International Trade Council. Ensure that you understand all of these Terms and Conditions, as they impact your usage of this Website, our services, and any of the material contained within.

These Terms and Conditions may also affect your usage and sharing of social media on our Website, and any of our  products, goods and services.

The following Specific Terms and Conditions apply to all trading that occurs through the International Trade Council Website – https://www.formationsadvice.com – and all secondary pages. Each of these clauses must be carefully reviewed and acknowledged in accordance with the above General Terms and Conditions which relate to any contract between us and your general use of the web site.

1. Definitions

  • The International Trade Council may be referred to as ‘ITC’, the International Trade Council, ‘www.formationsadvice.com’, ‘we’, ‘us’, ‘our’ or ‘ourselves’.

2. International Trade Council company incorporation services

2.1 Limitations of Liability

  • When you acquire a company formation from www.formationsadvice.com, you give permission for us to register with the Delaware Division of Corporations, as a representative for and in support of the company, the legal practises necessary to enforce the company formation service you are complying with in this contract. We require evidence of your personal identification in order to proceed with your application for a company formation, and the service will only continue once this has been received.

2.2 Special Limitation of Liability

  • We will not be held accountable or liable for any mistakes or oversights of any form, which may become apparent in the information submitted when using our company formation service. Nor we will be held responsible for any company formation application which is consequently turned down by the Delaware Division of Corporations.
  • Reimbursements are not granted for acquired products or services from the International Trade Council if your company formation application is turned down by the Delaware Division of Corporations.
  • Reimbursements are not granted for if your company formation application is turned down by any bank, financial institution or electronic money institution (including FinTech organizations).
  • The International Trade Council will not be held liable in the event that your company is taken off the government register that go beyond our power. We also do not accept liability if we decide to dismiss any services within this agreement due to your company’s failure to meet the legal requests.
  • Selecting a company name that is free to use, original and legalised is your concern and not that of the International Trade Council. We will not be held liable for any potential issues that may occur with your selection of company name.

2.3 Requirements for the use of our incorporation services

  • You must be aged 18 or over in order to legally register a LLC or INC. All directors, shareholders and/or members within a company must be aged 18 or over.
  • Persons who are bankrupt or in the process of bankruptcy are forbidden from registering a US company, nor are they permitted to be employed as a director or company secretary. Undischarged bankrupts are limited to holding shares in INC corporations.
  • Those who are presently facing legal actions in the USA, are on the OFAC list, are or have been an illegal overstayer in the USA, or have bad credit in the USA are not authorised to use our service.
  • The International Trade Council holds no responsibility or liability for any issues that occur when employed individuals fail to meet what is legally necessary in company formation, nor will we be held responsible for any denial of assimilation. Ensuring the approval of all named individuals on the company formation application is solely your responsibility.

2.4 Purchasing our products and services

  • There will be many different options to choose from when you are taken through the ordering process, and it is your duty to comprehend these options fully before you make your purchases. Enquiries regarding your personal order, or further information about any of our products and services should be queried before you confirm your order. Please contact us during our US business hours to do so. We aim to deal with all enquiries as soon as possible, yet this cannot always be the case. To ensure you are satisfied with your order and that your queries are answered, it is your obligation to acquire more information from our team before you confirm the order.
  • In meeting these Terms and Conditions and subject to our agreement, any order that you make using this Site is understood as being your request to purchase the products or services that we offer. There may be instances where we do not accept an order and do not provide a reason.
  • It is your responsibility to ensure that all the information and directions you provide us with are accurate and complete. Our services are only provided on this premise, and that you have given us the authority to legally perform such directions. We accept no liability for the refusal and/or delay of services due to erroneous and unfinished documents.
  • Any of your documents that contain mistakes or inadvertences are your responsibility and we are not liable for any incorrect or inaccurate documents that are uploaded (or not) to this Site, and consequently turned down by the Delaware Division of Corporations or any of our service providers.
  • Any orders which are placed for the Pre-Submission Review are your concern, and you need to confirm that your documents are accurate, complete and compliant before you submit them.
  • In acceptance of these Terms and Conditions, you are giving us the permission to register with the Delaware Division of Corporations either directly, or via one of our service partner providers, in support of the company, the necessary legal procedures that apply the services you are complying with under this contract for the full duration of the contract. In the instance that these services are void, dismissed, or expired due to failure of payment, you give us permission to register the necessary legal documents to cancel these services.
  • By accepting these Terms and Conditions you are granting us authority to carry out a digital ID verification check by CreditSafe or similar organisation for the purposes of checking your identity and address. This online check may be recorded on your credit record, and a record of the search will be retained.
  • Should we not be able to successfully verify your identity and address using our digital ID verification process, we will require you to provide proof of your identity and address in the form of certified copies of the original documents to satisfy our Anti-Money Laundering procedures. Failure to comply with any request for such documents may result in the cancellation of services.
  • We have a responsibility to carry out due diligence checks from time to time on our customers (companies, officers and shareholders) to which we provide ongoing services. Should any of our checks result in the discovery of illegal or unethical activities, we reserve the right to terminate services without notice and without refund.
  • We also have an obligation to meet the requirements of ‘Know Your Customer’ (KYC) and you will be asked to complete a short questionnaire on the business activity or activities of your company and the reason for your business relationship with the International Trade Council.

2.5 Company formation process

  • When you make an application to use our service you are automatically granting us permission to file your information with the Delaware Division of Corporations either directly, or via one of our service provider partners, on your behalf.
  • Once you are compliant with the various regulations required for company formation, the registration will be completed between the hours of 9am and 5pm Monday to Friday, and should normally seven to ten working days. Please note that sometimes this will take up to 30 days, as this is dependent on the project load of the Delaware Division of Corporations, the length of time it takes to complete company formation is not under our control and will vary.
  • If you omit information, provide incorrect information, or further information is required from you to enable us to submit your company application to Companies House, we will make multiple attempts to contact you to get the information we require. In the event we do not receive the information we require to enable us to submit your company application to Companies House within 7 calendar days, we reserve the right to remove your company application information from our system after 7 calendar days have passed.

3. What you will obtain upon company formation

3.1 Company formation service

  • We will send confirmation once your company has been successfully incorporated. On immediate receipt of this your new LLC or INC will then be open for business.
  • The Certificate of Incorporation or Certificate of Formation, as well as any other documents, facilities and services that you have acquired from the International Trade Council, will be sent to you.

3.2 Optional secretarial services and products

  • The International Trade Council provides you with the choice to purchase further goods and services, along with what is outlined above. These added extras vary and will depend on the type of incorporation package you order. These may also be fulfilled by our partners. The following list of products and services summarises some of the options:
    • EIN Number Registration
    • Registered Agent Service
    • Business Bank Account Opening Assistance
    • Virtual Office Address with Mail Forwarding
    • US Virtual Phone and Fax Numbers
  • The list above may be fulfilled via our partner service providers.

4. Services we do not provide with any product

  • The below are not part of our services and cannot be found in any of our product or packages on our Website:
    • Tax guidance
    • Bookkeeping, auditing and any form of accounting or advisory services
    • Filing of annual accounts (not including dormant company accounts)
    • Legal guidance
    • Immigration consultancy
    • Information concerning the appropriateness or suitability of any company you may acquire from us for your proposed purposes
    • Advice regarding the suitability or adequacy of any company you may purchase from us for your intended purposes.
    • Any services not explicitly listed above
  • Prior to registering a company with the International Trade Council, we advise that you seek professional and autonomous advice before you make any purchase.

5. Business Telephone and Fax services

  • Telephone and fax numbers provided as part of the service are not owned by us. Any requests to port or use the telephone number provided with the above services should be made directly to the telecoms company who owns the telephone number.
  • We take no responsibility for problems or issues that may arise from dealing with the third-party provider and you agree to hold us harmless for the same. After provision of the service you acknowledge that you will be required to deal directly with the provider of that service from then on.

6. Registered Agent services

  • Registered Agent provided as part of the service are not owned by us.
  • We take no responsibility for problems or issues that may arise from dealing with the third-party provider and you agree to hold us harmless for the same. After provision of the service you acknowledge that you will be required to deal directly with the provider of that service from then on.

7. Virtual Office Address services

  • Virtual Office Address services provided as part of the service are not owned by us.
  • We take no responsibility for problems or issues that may arise from dealing with the third-party provider and you agree to hold us harmless for the same. After provision of the service you acknowledge that you will be required to deal directly with the provider of that service from then on.

8. Value of goods and services

  • On our Website, all prices of products and services are listed beneath the respective item that you choose.
  • The International Trade Council has the right to change or modify prices displayed on the Site, of any products and services without warning or reason. We endeavour to display accurate prices at all times, but where significant faults are made, the operation will be cancelled and you will be provided with a full reimbursement.
  • The International Trade Council reserves the right to change, update or remove products and services displayed on the Site, without warning or reason.
  • We will not be held responsible to individuals due to the removal or alteration any products that we offer, or for refusing or failing to process an order.

9. Fraud prevention

  • In accepting these Terms and Conditions, you are permitting us to work with CreditSafe or similar organisation to undergo necessary checks in order to verify your identity and address. Throughout this process, CreditSafe or similar organisation could compare your personal details with data from public or other databases that they are able to scan. In the future, they may use your information to help other companies prevent fraud. All data searches will be tracked and recorded.

10. Bank Account referral and opening service

  • In applying for a bank account through our referral service, you are giving permission for us to send your details to the bank, fintech or electronic money institute (‘EMI’). Also, you are confirming that the bank will contact you directly in order for the bank account request to be processed.
  • On requesting a bank account via our referral service in support of a third-party application for a company formation, you are confirming that the third party is in agreement. The third party must acknowledge and accept that their details will be sent to the bank on their behalf, and that they will be contacted directly in order for the bank account request to be processed.
  • All business bank accounts are opened and managed by the respective banks. The various details of the accounts are set out by the banks and dependent on the terms and conditions that exist at the time of the account opening.
  • The International Trade Council cannot confirm whether a bank account request will be granted, as all business bank accounts are contingent on the status of the individual applicant.
  • The International Trade Council makes no warranties about fees or services offered by the bank, Fintech, EMI or similar provider to you and accepts no liability for the same.

12. Refund policy

12.1 Company formation orders

  • You will be reimbursed if you change your mind about your purchase; however, refunds will only be given to customers who request a refund in writing, before the company application has been submitted to the Delaware Division of Corporations, provided the request is received within 7 days of the date of purchase.
  • As soon as your company application has been sent to the Delaware Division of Corporations, we cannot grant you with a refund for the company formation package or any of its individual aspects. This no refund rule also applies in the event that your application is turned down.

12.2 Address service orders

  • The following policies outline what happens when you change your mind after purchasing one (or more company address service), whether it be a Registered Agent or Virtual Office Address/Mail Forwarding Service:
    • If your order has not already been processed and your address service(s) set up, you will be entitled to a refund of the full payment amount, as long as the notice to cancel is provided within 7 calendar days of the date of purchase. A refund will not be provided for cancellation requests made over 7 calendar days from the purchase date. A refund will also not be granted if your company formation has already been submitted to the Delaware Division of Corporations.

12.3 Other products and services

  • If you change your mind about acquiring a supplementary product or service, you will be granted a complete reimbursement, so long as we your company formation has not already been submitted to the Delaware Division of Corporations and that the cancellation notice is given within 7 calendar days from the purchase date. No reimbursement will be provided if the notice exceeds this period, or if we have already started working on the order.
  • No refund will be provided if we require cancelling an additional product or service (e.g. business telephone service, virtual office address or business bank account opening) due to a failure to supply proof of ID and proof of address as required by our terms and conditions, to ensure we fulfil our obligations regarding the current Anti-Money Laundering regulations and Know Your Customer requirements.