Terms of Service

Last updated: June 12, 2024

1. Acceptance of Terms

Welcome to Bizfile LLC ("Bizfile," "we," "us," or "our"). By accessing or using our website and services (collectively, the "Services"), you ("Client" or "you") agree to comply with and be bound by these Terms of Service ("TOS"). These TOS constitute a legally binding agreement between you and Bizfile. If you do not agree to these TOS, you must not use our Services.

2. Services Offered

Bizfile offers the following Services to assist with LLC formation:

LLC Formation: We provide LLC formation services for a fee of $299, plus the applicable state filing fee. This service includes the preparation and filing of the necessary formation documents with the state.

Optional Add-Ons:
Employer Identification Number (EIN): We offer to obtain an EIN from the IRS at no additional cost.
Registered Agent Subscription: For a fee of $99 per year, we provide registered agent services to accept legal documents on your behalf.
State Compliance Ongoing Service: For a fee of $99 per year, we offer ongoing compliance services to help you meet state requirements.

Free Documents:
Operating Agreement: We provide a template for an operating agreement at no additional cost.
Banking Resolution Document: We provide a template for a banking resolution document at no additional cost.

3. Payment and Fees

LLC Formation Fee
: The fee for LLC formation is $299, plus the applicable state filing fee, which varies by state.

Optional Add-On Fees: The Registered Agent Subscription and State Compliance Ongoing Service are each billed annually at $99 per year.

Payment Terms: All payments for Services are due at the time of purchase. You agree to provide accurate and complete payment information and authorize us to charge your payment method for the fees associated with the Services you select.

Non-Refundable Fees: Except as expressly provided in these TOS, all fees are non-refundable.

4. Refund Policy

: Once we submit your LLC formation documents to the state, the order cannot be canceled or refunded.

Money-Back Guarantee: We offer a 30-day money-back guarantee on the $299 LLC formation fee if you are unsatisfied with our service. To request a refund, you must contact us within 30 days of your purchase and provide a detailed explanation of why you are unsatisfied. The decision to issue a refund is at our sole discretion and based on our assessment of the service provided.

5. Amendments and Changes

Amendment Requests
: You may request amendments to your LLC formation documents in writing within 30 days of formation. Requests must be submitted to support@bizfile.com.

Our Discretion: Bizfile reserves the right to decide whether to make the requested changes. Amendments may incur additional fees, which will be communicated to you before any changes are made.

6. Disclaimer of Legal Advice

No Legal Advice
: Bizfile is not a law firm and does not provide legal advice. Our Services are limited to back-office administrative support, and we do not offer legal advice or representation.

No Attorney-Client Relationship: Your use of our Services does not create an attorney-client relationship between you and Bizfile, or between you and any Bizfile employee or representative.

7. Limitation of Liability

Limitation of Damages
: To the maximum extent permitted by law, Bizfile shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
* Your use of or inability to use our Services
* Any unauthorized access to or use of our servers and/or any personal information stored therein
* Any interruption or cessation of transmission to or from our Services
* Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party
* Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Services
* The defamatory, offensive, or illegal conduct of any third party.

Maximum Liability: Our total liability to you for any claim arising out of or relating to our Services shall not exceed the amount paid by you for the Services in question.

8. Indemnification

You agree to indemnify, defend, and hold harmless Bizfile, its officers, directors, employees, agents, and affiliates from any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees and costs) arising out of or in any way connected with:

* Your access to or use of our Services
* Your violation of these TOS
* Your violation of any third-party rights, including without limitation any intellectual property or privacy rights
* Your violation of any applicable laws, rules, or regulations.

9. Governing Law

These TOS and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state in which the LLC is formed, without regard to its conflict of law principles. Any disputes arising out of or relating to these TOS or the Services shall be resolved exclusively in the state or federal courts located in the state in which the LLC is formed.

10. Changes to Terms

Modification of TOS
: Bizfile reserves the right to modify these TOS at any time. We will notify you of any changes by posting the new TOS on our website and updating the "Last Updated" date at the top of this document. You are advised to review these TOS periodically for any changes.

Acceptance of Changes: Your continued use of our Services after the posting of any modifications indicates your acceptance of the new TOS.

11. Termination

Termination by Us
: We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the TOS. Upon termination, your right to use the Services will immediately cease.

Termination by You: You may terminate your use of our Services at any time by notifying us in writing at support@bizfile.com. Termination will not affect any rights or obligations accrued prior to the termination date.

12. Entire Agreement

These TOS, together with any other legal notices and agreements published by Bizfile on our website, constitute the entire agreement between you and Bizfile regarding the use of our Services and supersede any prior agreements between you and Bizfile.

13. Severability

If any provision of these TOS is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be deemed modified to the extent necessary to make it valid and enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these TOS.

14. Waiver

The failure of Bizfile to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision. Any waiver of any provision of these TOS will be effective only if in writing and signed by an authorized representative of Bizfile.

15. Force Majeure

Bizfile shall not be liable for any failure or delay in performing its obligations under these TOS if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16. Electronic Communications

By using our Services, you consent to receive electronic communications from us. These communications may include notices about your account and information concerning or related to our Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

17. Assignment

You may not assign or transfer your rights or obligations under these TOS, in whole or in part, without our prior written consent. We may assign our rights and obligations under these TOS to any party at any time without notice to you.

18. Contact Information

If you have any questions about these TOS, please contact us at: Email: support@bizfile.com. By using our Services, you acknowledge that you have read, understood, and agree to be bound by these TOS.