Effective as of 01/07/2022
Between Expert Invest Management LLC
120 Madeira Drive NE STE 220
Albuquerque
NM 87108
UNITED STATES
Registered in ALBUQUERQUE,
New Mexico
Under EIN: 88-4060788
The Company can be reached by email: contact@prepatax.com
Hereinafter, the "Seller" or the "Company "
On the one hand,
And the natural or legal person proceeding to the purchase of products or services belonging to the company,Hereinafter, "Buyer" or "Customer",
On the other hand.
It was exposed and agreed what follows:
Background
These Terms and Conditions ("T&Cs", or "Terms") cover your use of and access to the services, products, software and websites ("Services") provided by EXPERT INVEST MANAGEMENT LLC, or any of its affiliates ("PrepaTax", "Company", "We", "Us", "Our"). By using our services and website, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree with these Terms, or with the terms contained in our Privacy Policy, you should not use our Services or this website.In addition, these Terms supersede any prior or existing agreements or other terms and conditions that may be applicable. These Terms do not create any third party beneficiary rights.
Acceptable use of our website and services
By using our website and services, you may not, and may not allow any third party, directly or indirectly, to: Access or monitor any material or information on any of our systems, using any manual process or any robot, spider, crawler, scraper or other automated means ; Except to the extent that any restriction is expressly prohibited by law, violate the restrictions contained in the robot exclusion headers on any Service, circumvent, bypass or circumvent any technical limitations of the Services, use any tools to enable features or functionality that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services ; Perform or attempt to perform any actions that would interfere with the proper working of the Services, or prevent access to or use of the Services by our other customers;Copy, reproduce, alter, modify, create derivative works of, publicly display, republish, upload, post, transmit, resell or distribute in any way any material, information or services we provide;Transfer any rights granted to you under these Terms;Use the Services except as expressly permitted by these Terms.
If we suspect that your account has been used for unauthorized, illegal or criminal purposes, you give us express permission to share information about you and your account with law enforcement.
Electronic records and signatures
We are a digital company and sometimes we need your electronic or paper signature. Our failure to enforce any provision of these Terms does not constitute a waiver of our right to do so at a later date.If any provision of these Terms is found to be unenforceable, the remaining provisions of the Terms will remain in full force and effect. We may need to file documents on your behalf, so you consent to our electronic or paper signature to file documents on your behalf.You agree that you are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of your information. You also agree that the accuracy of the filings we make on your behalf depends on the information you provide and you agree to promptly notify us of any changes in your information.
ARTICLE 1 : Scope of application
These Terms and Conditions apply, without limitation or qualification, to any purchase of services for the creation of LLC companies in the United States, or specific tax support, as well as their follow-up in case of future changes in said companies, ("The Services") offered by Expert Invest Management LLC ("The Provider") to consumers and professional and non-professional Clients ("The Clients or the Customer").
The content of the website https://www.prepatax.com is provided for information purposes only or as food for thought, which must be validated by an authorized professional and for which he/she is responsible.We do not provide legal advice as such, which is the sole responsibility of notaries, lawyers, bailiffs, auctioneers, administrators and receivers. All the schemes presented should not be carried out with a primary or only tax purpose and must be validated by your usual advisors. Although the Provider endeavors to provide true and correct information on all its services, it does not provide legal advice. It is the Client's responsibility to ensure that it has all necessary legal and tax advice with respect to the establishment and operation of the Company, and to ensure that the activities will not violate the law of any relevant jurisdiction."
The user is solely responsible for the choice, use and interpretation of the data provided.https://www.prepatax.com cannot be held responsible for errors or omissions or even delays in updating the information on its site.
The services offered and the advice provided on our site, can in no way be considered as an incentive, help, assistance or provision of means to fraud. It is the responsibility of each Internet user to obtain, on his own, an informed opinion from a legal and tax practitioner, in order to validate the conformity of his approach with the legislation of his country of residence.Our team can redirect you at your request to a partner lawyer.
The main characteristics of the Services, are presented on the website of the Provider.The Customer is required to take note of them before placing any order. The Client is responsible for the choice and purchase of a Service.These terms and conditions apply to the exclusion of all other terms and conditions, including those applicable to other marketing channels of the Services or on the Internet.These General Terms and Conditions of Sale are systematically communicated to any Client prior to the conclusion of the contract for the provision of the Services and will prevail, if necessary, over any other version or any other contradictory document.
The Client declares that he/she has read these General Terms and Conditions of Sale and has accepted them prior to the conclusion of the contract for the provision of Services. The validation of the order for Services by the Customer implies acceptance without restriction or reservation of these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the day of the conclusion of the contract.
The contact details of the Provider are as follows:Expert Invest Management, LLC 120 Madeira Drive NE STE 220, Albuquerque, NM 87108, NEW MEXICO, USA
ARTICLE 2 : Orders
The Customer selects the Services he/she wishes to order, as follows:Selecting the offer;Accepting the terms and conditions and providing the Customer's contact information;Placing the order by choosing the payment method;Connecting to the payment processor or credit card;Placing the order;Confirming the order automatically by e-mail and receiving the invoice.It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
The sale of Services shall be deemed final only after the Provider has sent the Customer confirmation of acceptance of the order and the Customer has received the full price.For Services for which a quotation has been prepared, the sale of Services shall be deemed final only after:- the Provider has prepared a quotation and sent the Customer confirmation of acceptance of the order by e-mail. Expert Invest Management LLC reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.The order on quotation is considered final by the Service Provider only after the latter has collected the full price. Similarly, the provisions of this chapter are also applicable to contracts concluded between professionals and non-professionals.The right of withdrawal can not be exercised for contracts for the provision of services fully executed before the end of the withdrawal period and whose execution has begun after prior express consent of the consumer and express waiver of his right of withdrawal.The Customer must be warned by the Provider of the impossibility of benefiting from the right of withdrawal of 14 days in the case where the provision of service has been completed before this period. The digital contents which the Customer can access at any time and from a secure access on the online platform système.io will be accessible to him after the withdrawal period or immediately after he has expressly waived his right of withdrawal. The same applies to the formalities for the creation of the Customer's company, the execution of this service remaining subject to the same conditions as the access to the digital contents.
ARTICLE 3 : Pricing
The Services offered by the Service Provider are provided at the rates in effect on the Service Provider's website or its partners' websites, or according to the quotations that the Service Provider has established on a case-by-case basis for its Clients. Prices are expressed in Dollars, inclusive of tax.
These prices are firm and non-revisable during their period of validity, as indicated in the Provider's price list, the Provider reserving the right, outside of this period of validity, to modify the prices at any time.They include processing and management fees, which are not charged in addition, under the conditions indicated in the Provider's price list and calculated prior to the placing of the order.An invoice is established by the Provider and given to the Customer upon provision of the Services ordered.
ARTICLE 4 : Conditions of payment
The price is payable in full on the day the order is placed by the Customer, in accordance with the terms and conditions specified in the "Orders" article above, by secure payment: - by credit cards: Visa, MasterCard, American Express, other credit cards - by Stripe.
The Service Provider shall not be obliged to provide the Services ordered by the Customer if the price has not been paid in full in accordance with the above conditions. In the event of late payment and payment of amounts due by the Customer beyond the deadline set forth above, and after the payment date indicated on the invoice sent to the Customer, late payment penalties calculated at the rate of 10% of the amount including VAT of the price of the provision of the Services, shall be automatically and automatically due to the Provider, without any formality or prior notice.
Late payment shall result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Provider may be entitled to take against the Customer in this respect. In addition, the Service Provider reserves the right, in case of non-compliance with the above payment terms, to suspend or cancel the provision of the Services ordered by the Customer and/or to suspend the performance of its obligations.No additional fees, higher than the costs incurred by the Service Provider for the use of a payment method, shall be charged to the Customer.
ARTICLE 5 : Provision of services
The Service Provider undertakes to use its best efforts to provide the Services ordered by the Customer within the time limits specified above. If the Services ordered have not been provided within ninety days after the date specified above, for any reason other than force majeure or the Customer's fault, the sale may be terminated at the Customer's written request. In the absence of reservations or claims expressly made by the Customer upon delivery of the Services, the Services shall be deemed to be in conformity with the order, in quantity and quality. The Customer shall have a period of 7 days from the complete delivery of the Services to make such reservations or claims, with all related documents, to the Provider, by e-mail only.
The Customer is invited to make any claim by e-mail to: contact@prepatax.com. No postal mail will be accepted by the Provider.No claim will be validly accepted in case of non-compliance with the formalities and deadlines by the Customer. The Provider shall refund the Customer or rectify (to the extent possible) as soon as possible and at its own expense, the Services whose non-conformity has been duly proven by the Customer.
ARTICLE 6 : Provider's liability - Guarantee
The Service Provider warrants, in accordance with the law and without additional payment, the Customer against any non-conformity or latent defect, resulting from a design or manufacturing defect of the ordered Services under the conditions and according to the terms and conditions defined in these General Terms and Conditions of Sale. In order to assert its rights, the Customer shall inform the Service Provider, in writing (by e-mail), of the existence of the defects or lack of conformity within a maximum of 7 days from the provision of the Services.
The Service Provider shall refund or rectify or have rectified (to the extent possible) the Services deemed defective as soon as possible and no later than 14 days after the Service Provider's discovery of the defect or fault. The Provider's warranty is limited to the reimbursement of the Services actually paid by the Customer and the Provider shall not be held responsible or liable for any delay or non-performance resulting from the occurrence of a force majeure event . The Services comply with the regulations in force in France and the Provider shall not be liable for any failure to comply with the legislation of the country in which the Services are provided, which the Customer, who is solely responsible for the choice of the Services requested, shall verify.
ARTICLE 7 : Intellectual property
The Provider shall remain the owner of all intellectual property rights on the studies, drawings, models, prototypes, etc., made (even at the request of the Customer) for the purpose of providing the Services to the Customer. Therefore, the Customer shall refrain from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Provider, which may be conditional on a financial consideration.
ARTICLE 8: Imprecision
In the event of a change in circumstances unforeseeable at the time of entering into the contract, the Party that has not agreed to assume a risk of excessively onerous performance may request renegotiation of the contract from its counterparty. If the renegotiation is successful, the Parties shall immediately draw up a new order formalizing the result of the renegotiation for the relevant Service Provision operations. In addition, if the renegotiation fails, the Parties may request the court, by mutual agreement, to terminate or adapt the contract. In the event that the Parties do not reach an agreement to refer the matter to the court by mutual agreement within a reasonable period of time after the disagreement has been established, the most diligent Party may refer the matter to the court for revision or termination of the contract.
ARTICLE 9 : Compulsory execution in kind
The Parties agree that in the event of default by either Party, the defaulting Party may not seek enforcement.
ARTICLE 10 : Exception non-performance
Each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its own obligation and if such non-performance is sufficiently serious, i.e., likely to jeopardize the continuation of the contract or to fundamentally upset its economic equilibrium. The suspension of performance shall take effect immediately upon receipt by the defaulting Party of the notice of default sent to it for this purpose by the Party suffering the default, indicating the intention to apply the exception of non-performance as long as the defaulting Party has not remedied the default noted, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of sending. This exception of non-performance may also be used as a preventive measure, if it is clear that one of the Parties will not perform its obligations on the due date and that the consequences of such non-performance are sufficiently serious for the Party suffering from the default. This option is used at the risk of the Party taking the initiative. The suspension of performance will take effect immediately, upon receipt by the allegedly defaulting Party of the notification of the intention to apply the exception of preventive non-performance until the allegedly defaulting Party performs the obligation for which a future default is manifest, served by e-mail.
ARTICLE 11 : Force majeure
The Parties shall not be liable if the non-performance or delay in performance of any of their obligations.
ARTICLE 12 : Resolution of the contract
12-1 - Resolution for non-performance of a sufficiently serious obligation
The Defaulting Party may, notwithstanding the clause Resolution for failure of a party to perform its obligations set out below, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, notify the Defaulting Party by e-mail, the faulty resolution of the present, 7 days after the sending of a formal notice to perform, also sent by e-mail, which has remained unfruitful.
12-2 - Termination for force majeure
It is expressly agreed that the Parties may terminate this Agreement by operation of law, without summons or formality.
12-3 - Provisions common to cases of termination
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this Agreement, will be validly put in default by the mere payability of the obligation. As the services exchanged between the Parties since the conclusion of the contract and until its termination can only find their usefulness through the complete execution of the contract, they will give rise to full restitution.
ARTICLE 13 : Applicable law - Language
These Terms and Conditions of Sale and the resulting transactions between the Provider and the Customer are governed by and subject to U.S. law.These Terms and Conditions of Sale are written in the English language in the event that they are translated into one or more foreign languages, only the English text will be binding in the event of a dispute.
ARTICLE 14 : Litigation
All disputes to which the operations of Supply of Services concluded in application of the present general conditions of sale could give place, concerning both their validity, their interpretation, their execution, their resolution, their consequences and their consequences and which could not have been solved amicably between the Seller and the Customer, will be subjected to the competent courts under the conditions of common law.
ARTICLE 15 :Pre-contractual information - Customer acceptance
The Customer acknowledges having been informed, prior to the immediate purchase or the placing of the order and the conclusion of the contract, in a clear and comprehensible manner, of these General Terms and Conditions of Sale and in particular the following information: - the essential characteristics of the Service; - the price of the Services and related costs (e.g., delivery);- in the absence of immediate execution of the contract, the date or time period within which the Provider undertakes to provide the ordered Services; - information relating to the Provider's identity, postal and electronic contact details, and its activities, if not apparent from the context; - information relating to the legal and contractual guarantees and their implementation modalities; - the functionalities of the digital content and, if necessary, its interoperability; - the possibility of resorting to conventional mediation in case of dispute. The fact that a natural person (or legal entity), to make an immediate purchase or to order a Service implies full and complete adherence and acceptance of these General Terms of Sale and obligation to pay for the ordered Services, which is expressly recognized by the Customer, who waives, in particular, to rely on any contradictory document, which would be unenforceable against the Provider.
ARTICLE 16 – Legal purposes
The Client warrants that it will not use any of the rights granted in an Agreement for any illegal, obscene, immoral or defamatory purpose and will not discredit the "Service Provider" in any way.The Client may not use or associate the name of the Service Provider, in whole or in part, for any commercial purpose. The Client shall provide the Provider with any information that the Provider deems necessary to ensure that the Client's Company complies with applicable anti-money laundering and due diligence legislation. It is the Client's responsibility to ensure that the information provided to the Provider is correct. The Client also represents to the Provider that the assets or funds brought into a Company are not, directly or indirectly, the proceeds of crime or any other illegal activity. In order to enable the Provider to meet its legal obligations, the Client shall keep the Provider fully and promptly informed of any changes in the beneficial owner, shareholders and officers of the Company by e-mail to contact@prepatax.comSi. If a change of business, a change of beneficial owner, or any other change in the operation of the business takes place, the Provider reserves the right to terminate the relationship with the Client, without any reservation being made by the Client.
ARTICLE 17 : Access to the site
The User of the website has access to the following services:A tax support service is also offered, as to the declaration of French or American income.The content of the sitehttps://www.prepatax.com is provided only as information or avenues of reflection that must be validated imperatively by an authorized professional and engaging its responsibility in this regard.
ARTICLE 18 : Responsability
The user of the website has access to the following services:A tax support service is also available.The publisher does not incur any liability in the event of a malfunction of the server or network, or in case of force majeure.The site https://www.prepatax.com to implement all necessary means to ensure the security and confidentiality of data.The sources of information shared on the site https://www.prepatax.com are deemed reliable, but there may be errors, defects or omissions.The information provided is presented as an indication and general without contractual value.The site https://www.prepatax. com is regularly updated, but it cannot be held responsible for the modification of the administrative and legal provisions appearing subsequently.https://www.prepatax.com cannot be held responsible for possible viruses being likely to infect the computer or the computer equipment of the User after it went on the site.nt proposed, as for the declaration of the French or American incomes.The contents of the sitehttps://www.prepatax.com are provided only as information or tracks of reflexion having to be validated imperatively by a professional authorized and engaging its responsibility for this reason.
ARTICLE 19 : Data collection
The site ensures that the collection and processing of personal information of the User are carried out in respect of his privacy.The User has a right of access, rectification, deletion and opposition of his personal data.The User exercises this right by mail to the email address contact@prepatax.com
ARTICLE 20 : Intelectual property
The trademarks, logos, signs as well as all the contents of the site (texts, images, sound...) are subject to protection by the Intellectual Property Code and more particularly by copyright.Before any use, reproduction, publication, copy of the contents of the site, the User must seek prior authorization from the Publisher. The User undertakes to use the contents of the Web site for purely private purposes, to the exclusion of any use for commercial or advertising purposes. If any use is made of the contents of the Web site, in whole or in part, without the express permission of the Publisher, the User shall be liable to prosecution. The User reproducing, copying or publishing protected content must cite the author and source.
ARTICLE 21 : Hypertext links
The user is informed that by clicking on hyperlinks, he will leave the site https://www.prepatax.com. The latter has no control over the web pages appearing under these links, and cannot be held responsible for their content.
ARTICLE 22 : Cookies
The User is informed that during his visits to the site, a cookie may be automatically installed on his browser.Cookies are small files stored temporarily on the hard disk of the User's computer by the browser, which are necessary for the use of the site https://www.prepatax.com. Cookies do not contain any personal information and cannot be used to identify anyone. A cookie contains a unique identifier, randomly generated and therefore anonymous. Some cookies expire at the end of the User's visit, others remain. The information contained in the cookies is used to improve https://www.prepatax.com.L. The User accepts them when he visits the site, but he must nevertheless give his consent to the use of certain cookies. If the User does not agree to give his consent, he may be denied access to certain pages or features of the site.The User may deactivate these cookies through the settings in his browser.
ARTICLE 23 : Duration of the contract
This contract is concluded for an indefinite period. It produces its effects towards the User from the first use of the service.
ARTICLE 24 : Evolution of the general conditions of use
The https://www.prepatax.com website reserves the right to modify the clauses of these general conditions of use at any time, without having to give any justification.
ARTICLE 25 : Disclaimer of warranties and limitation of liability
DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THIS SITE AND OUR SERVICES IS PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY TIME OR PLACE WITHOUT INTERRUPTION, ERROR, DEFECT OR SECURITY; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF LEGAL THEORY, OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO YOUR USE OF THIS WEBSITE AND OUR SERVICES WILL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES DURING THE TWELVE MONTH PERIOD PRECEDING THE DATE OF YOUR CLAIM.