Introduction
TOTAL DOCUMENT SOLUTIONS (“Company”, “we”, “us”, and “our”), is the owner and operator of einapplications.org (the “Website”). The Company provides a service (“Service”), where people can request document preparation and filing services using our secure and user-friendly online forms. We are not affiliated with any government agency including the Social Security Administration, Internal Revenue Service, US Department of Treasury, or any other government body. We are a private company and we act on behalf of our clients as a Third Party Designee (TPD) to assist them in applying for and obtaining an Employer Identification Number (EIN) or Tax Identification Number (Tax ID). Our Website may be accessed only by you and only if you fully comply with the Terms of Service outlined herein (the “Terms of Service”, “Terms”, and “TOS”). The terms and conditions set forth herein constitute the complete and full agreement between you and Company which owns and operates this Website. The terms contained herein supersede and replace any other negotiation or agreement between you and Company albeit oral, written, or other including any statements made by any representative at any time of Company.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING A USER’S LEGAL RIGHTS, OBLIGATIONS AND REMEDIES. THESE INCLUDE VARIOUS EXCLUSIONS AND LIMITATIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. THIS TERMS OF SERVICE ALSO SPECIFIES THE MANNER BY WHICH ACCEPTANCE OF THIS AGREEMENT OCURRS. IF YOU DO NOT AGREE TO ALL THE TERMS AND USE HEREIN, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE A PRIVATE COMPANY AND ARE NOT AN ENTITY THAT IS AFFILIATED WITH OR ADMINISTERED BY ANY GOVERNMENT AGENCIES OR OFFICIALS. The Service includes all pages on our Website’s domain (einapplications.org) and on any related sub-domains. Any use or access of the Service constitutes acceptance of the terms contained herein. Therefore, you are encouraged to read this agreement carefully before using the Service. Our Terms of Service agreement (“Agreement”) contained herein constitutes a binding and enforceable Agreement between you and Company.
Acceptance of the Agreement
If you elect to use the Service you acknowledge that you have read and agree to our Terms of Service and Privacy Policy. Clicking on the “Submit Application” button found on all of our application form pages means you agree to our Terms of Service and Privacy Policy and signifies your acceptance of our Terms of Service and Privacy Policy prior to you issuing payment for our EIN (Tax ID) obtainment Service. You agree that the information you submit is complete and accurate. By using our service you hereby authorize us to act as a third party designee to submit your completed SS4 form and 8821 form to the IRS on your behalf to prepare, process, obtain, retrieve and deliver your EIN (Tax ID) Number to you via email to the email address you provide us with.
Modifications to the Agreement
We reserve the right to revise or change this Agreement at any time by posting a notification on our Website. These revisions and/or changes are shown through the ‘Effective Date’ or ‘Last Modified Date’ featured at the top of this Agreement preceding the first paragraph. Any revisions or changes to this Agreement will take immediate effect once they have been posted. Your continued use of the Service following notification will indicate your acknowledgment and acceptance of any such revisions and/or changes.
Eligibility
We enforce, and require, strict compliance with our Service eligibility (Eligibility) requirements, as contained herein. The Service is not intended for persons under the age of 18, with or without parental support. The Service is intended solely for use by persons 18 years of age or older. You warrant and assert that we are processing your EIN (Tax ID) Application exclusively on the behalf of you or on the behalf of an entity or individual of whom you are a responsible party, authorized agent or representative. Use of the Service by any other person is strictly unauthorized, prohibited, void, unlicensed, and in violation of this Agreement.
Document Preparation and Filing Information
The Service assists with the preparation and filing of many important documents. Therefore, in consideration for your use of the Service, we require, and you agree, that you will provide us with complete and accurate information when completing and submitting any of our EIN (Tax ID) Application forms and/or other forms found on our Website. You understand and agree that if you fail to provide us with complete and accurate information we cannot prepare and file your EIN (Tax ID) Application on your behalf. In the event we determine that the information you provide us with is incomplete or inaccurate we will contact you for corrections via phone, email, or fax. Prior to the submission of information through any of our online forms you acknowledge and agree that you are the responsible party, authorized agent or representative for the data submitted to our Service.
Pricing, Payments and Refunds
You understand that payment is due upon the completion and submission of our EIN (Tax ID) Application forms (SS-4). We will not process or fulfill your request for the Service until payment has been received. All payments made on Website are final after our specialists have submitted your EIN (Tax ID) Application electronically or via fax for processing to the IRS. We do not charge for the SS-4 form or EIN Confirmation notice, as these forms and notifications can be obtained for no cost from the IRS website, irs.gov. Our fee is for our simplified online form, for filling out and making revisions to your form, for submitting your application electronically or via fax to the IRS, and for third party designee representation services. Our charges for the Service include Standard Delivery for one hundred forty-nine dollars ($149) which guarantees our agents will submit your application to the IRS for consideration and if approved, we will deliver a copy of your EIN (Tax ID) to you via email within 1-3 business days; and Instant Delivery for two hundred forty nine dollars ($249.00) which guarantees our agents will submit your application to the IRS for consideration and if approved, we will deliver a copy of your EIN (Tax ID) to you via email within 2 hours or less. Our Instant Delivery Service is only available Monday through Friday from 9:00am to 5:00pm EST. The payment amounts for our Service are specified on our checkout/payment page along with details about the different processing and delivery options we offer. We reserve the right to offer you discounts and/or promotions for the Service and we may change the prices for the Service as we deem necessary. You understand and acknowledge that errors, omissions, conflicts, mistakes and/or pending issues with the IRS could delay the processing of your EIN (Tax ID) and may require you to provide additional information to Company in order for us to fulfill our Service to you. Your official EIN documents will be mailed directly from the IRS to the address you entered into the SS-4 form and will arrive within a few weeks.
We do honor refund requests in the event you request the cancellation of your order before our specialists submit your EIN (Tax ID) Application for processing. If you request the cancellation after our specialists have submitted your EIN (Tax ID) Application for processing to the IRS via online portal, fax or mail, your refund request will be denied. To request a service cancellation or refund request you may contact us via phone at (850) 343-4292 or email at [email protected]. If your refund request is approved, the funds taken from your credit card for our service fee will be returned in full within 3-5 business days depending on your back and less a twenty five dollar ($25.00) processing fee. If your EIN (Tax ID) Application results with a Reference 101 error, we will email and/or fax you additional details on the next steps you will need to take in order for us to proceed with processing your application. In the event we are unable to obtain your EIN (Tax ID) due to a Reference 101 error, we will issue you a refund for the total payment less a twenty five dollar ($25.00) processing fee. Refunds resulting from our inability to obtain your EIN (Tax ID) due to a Reference 101 error will be issued on the following business day and we will send you an email confirming the refund has been issued. You understand that we reserve the right to oppose any payment charge backs on orders in which our service was fulfilled to you.
Limited License
All content on the Service, including text, pictures, graphics, designs, information, software, music, applications, sound, video, and other files, and their selection and arrangement (“Information”), are the property of Company and/or its licensors with all rights reserved. If you meet the Eligibility requirements then we will grant you a limited license to use the Service and the Information and to download and print a copy of any section or portion of the Information for non-commercial use, provided that you keep all copyright or other proprietary notices intact. As relating to all the Information you may not make available, in any fashion or form, said Information on any private or public website or incorporate the Information in any other compilation or database. Any use of the Information, other than as set forth herein, is strictly prohibited. This limited license allows you to utilize the Information for lawful purposes only in compliance with the foregoing and does not allow you to use the Information for commercial purposes, sell the Information, or use any types of robots, data mining, or similar data collection, extraction, or gathering methods on the Service. Without prior written consent from Company, you may not imitate, duplicate, or copy any elements of the Service, including without limitation to logos, buttons, graphics, sounds, and images protected by law. Without prior written consent from Company you may not use metatags, hidden text, or framing techniques in association with Company logos, trademarks, or other proprietary or copyrighted information. Our limited license is and shall remain revocable at any time without cause and without notice. Nothing herein unless expressly stated in this Agreement, shall be construed as granting any license to intellectual property rights in any fashion or form.
Transmissions
You understand and acknowledge that any transmissions made by you to and from the Service (“Transmissions”) are considered non-confidential, and that others may intercept and/or read any such Transmissions. Transmissions may be in the form of comments, suggestions, questions, feedback, messages, ratings, reviews, notes, ideas, emails, letters, postings, or other written material about the Service provided by Company. We reserve the right, but not the obligation, at its sole discretion, to review any Transmissions using the Service and to modify and/or delete any Transmissions that violate any part of this Agreement. You hereby consent to our collection and use of such Transmissions in accordance with our then current Privacy Policy and you understand and acknowledge that submitting Transmissions to the Service indicates no fiduciary or financial engagement between Company and you. You hereby assign all title, interest, and right, including the copyright therein, in all Transmissions, to Company by using the Service. Additionally, we shall be entitled to the unrestricted use of the Transmissions and shall own all intellectual property rights in the Transmissions for any purpose, commercial or otherwise, without compensation, liability, or acknowledgment to you. You waive all moral rights irrevocably by submitting any such Transmissions to the Service.
Indemnification
You agree to indemnify, defend, and hold harmless Company, its parents, subsidiaries, affiliates, contractors, customers, vendors, officers and employees from any liability, damages, expenses, and costs (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of your access to the Website, use of the Service, or violation of the Terms of Service; including without limitation to: (1) your submission of any Transmission to the Service; (2) your alleged violation or breech of this Agreement; or (3) your infringement of any intellectual property or other right of any entity or person.
Limitations of Liability
IN NO EVENT SHALL COMPANYBE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE; OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. TO THAT EXTENT, OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE AMOUNT PAID FOR OUR EIN (TAX ID) OBTAINMENT SERVICE THAT GAVE RISE TO THE ACTION OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
Disclaimer
YOU ACKNOWLEDGE THAT THE SERVICE AND THE INFORMATION THEREIN ARE PROVIDED ON AN “AS IS” BASIS AND THAT COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE OR THE INFORMATION. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING, OR ATTEMPTING TO USE, THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE THE FOLLOWING: (1) THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) WE DO NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS, OR ACCURACY OF THE INFORMATION; AND (3) WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY RELATED SERVERS ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT. WE MAY PERIODICALLY CHANGE ANY OF THE INFORMATION ON THE SERVICE. WE RESERVE THE RIGHT TO IMPLEMENT SUCH CHANGES AT ANY TIME WITHOUT NOTICE TO YOU, OTHER THAN THAT WHICH IS SET FORTH IN THIS AGREEMENT. UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN THE SERVICE TO ANY PRODUCTS SERVICES, PROCESSES, OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE, SHALL CONSTITUTE OR IMPLY OUR ENDORSEMENT OR SPONSORSHIP THEREOF.
Links
The Service may include links to other websites which Company has no control of. We make no representations of any kind regarding the content on such websites or the content on any website linked to such websites or to any modifications or changes made thereto. You understand and acknowledge that by using any such links; you irrevocably waive any and all claims against Company regarding such websites and must adhere to the usage and privacy policies governing such sites beyond our control. Our usage of links does not imply our sponsorship, affiliation, or endorsement of any such websites in any way.
Trademarks
All trademarks used on the Service are the property of their respective owners and may not be used without permission. Without prior written consent from Company you may not imitate, duplicate, or copy any portion of these marks.
User Conduct Restrictions: Impermissible Activities and Use
You agree not to use the Service or our servers (“Resources”) to transmit code or data to or from said Resources which: (1) is abusive, threatening, or unlawful; (2) encourages criminal or other activity that would reasonably give rise to civil liability or otherwise violate any local, state, federal, or international law; (3) is offensive, profane, vulgar, hateful, racially or ethnically objectionable, or obscene; (4) is sexually explicit, indecent, or pornographic; (5) contains misleading, false, or deceptive information; (6) inhibits other users from using or enjoying the Service; (7) is libelous, defamatory, or otherwise unlawful; (8) contains surreptitious code or a virus; (9) contains any type of advertising or commercial component; or (10) allows for the harvesting of contact information such as email addresses, or the harvesting of any kind of information whatsoever. Additionally you agree not to use said Resources to engage in any of the following types of activities: (1) upload, store, transmit, post, and share any type of content that you are not the lawful licensee or owner of; (2) impersonate an entity or a person or make misrepresentations regarding affiliations of any kind; (3) engage in any type of activity or behavior that can be construed reasonably as SPAMMING; or (4) engage in any type of activity or behavior that can cause harm to Company, Website, Services, Resources, users or the general public.
Data Collection
Your Transmissions are subject to our Privacy Policy. By using or accessing the Service you agree to review our Privacy Policy and to be bound by its terms and conditions. From time to time we may change our Privacy Policy without notice to you, other than that provided for in the Policy. These updates/changes are shown through the ‘effective date’ or ‘last modified date’ featured at the top of the Privacy Policy preceding the first paragraph. Your continued use of the Service, after the posting of any changes to said Policy, shall constitute your acknowledgement, agreement, and acceptance of such changes. Company does not knowingly collect personally identifiable information (or information of any other kind) directly from anyone under the age of 18, with or without parental consent. If you have a good faith belief that we have inadvertently collected such information, please contact us via phone or email. We will take immediate action to remove such information from our Service, databases and any other databases under our control.
Site Monitoring
You understand and acknowledge that you are solely responsible for all of your activities and actions in relationship to your use of the Service, including the contents of all Transmissions and the consequences thereof. You agree to indemnify, defend, and hold harmless Company from any liability resulting from your use of the Service. While we respect your privacy, you hereby understand and acknowledge that this Agreement creates no reasonable expectation of privacy in any Transmissions. Company may, but is under no obligation to, use filtering and/or blocking software and other monitoring devices to prevent the dissemination of unsolicited electronic communications otherwise referred to as SPAM. You may not use the Service in conjunction with such SPAM, any potentially damaging computer code, or any other type of computer virus. We will prosecute violations to the fullest extent allowed by law and we reserve the right to take additional action regarding any such conduct or activity. Such additional action may include recovery of expenses and costs associated with identifying violators and preventing their continued access to the Service as well as court costs, loss of profits, damages, and attorney fees related to the repair of any damaged property.
Governing Law
This is the entire Agreement between you and Company relating to your use of our Service. The laws of the State of Florida, United States of America, shall govern this Agreement as well as our Privacy Policy, notwithstanding any principles of conflicts of law. Without prior written consent from Company this Agreement will not be transferable or assignable by you. You hereby submit to the exclusive jurisdiction of the courts located in Broward County, Florida, United States of America, for any and all disputes and/or actions arising from or relating to this Agreement and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such action. If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ costs and fees, in addition to any other relief to which the party may be entitled to.
Disputes
Notwithstanding the foregoing sentence, (but without limiting, and you hereby acknowledge and agree to, our right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes and/or actions arising from or relating to these Terms of Service (including the enforceability of this arbitration provision) shall be referred to and administered by a single arbitrator in accordance with the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) Streamlined Arbitration Rules and Procedures. The arbitrator shall be affiliated with JAMS and selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be binding and final on the parties. The arbitration proceeding shall be carried on and heard in Gregg County, Texas, United States of America, and use the English language and be pursuant to the rules of (and administered by) JAMS. In any proceedings and/or actions to enforce rights under the Terms of Service, the prevailing party will be entitled to recover reasonable attorneys’ costs and fees, in addition to any other relief to which the party may be entitled to.
Termination
Either you or Company may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from the Service. Company may terminate this Agreement immediately, without notice for any reason, or no reason, and reserves the right to prevent and/or block your future access to the Service. If any portion of this Agreement and of our Privacy Policy is determined by a court of competent jurisdiction to be unenforceable, void, or unlawful, that portion of such Agreement will be deemed severable and will not affect the enforceability or validity of any remaining provisions hereof.
Force Majeure
Either party to this agreement shall be excused from any failure in performance or delay hereunder caused by reason of any contingency or occurrence beyond its reasonable control, including without limitation to, earthquakes, riots, war, strikes, governmental requirements, and labor disputes. The rights and obligations of the party so excused shall be extended on a day-to-day basis for a period of time equal to that of the cause of the delay.
No Agency
Notwithstanding any other provision of this Agreement, you and Company are independent contractors, and no partnership, joint venture, employee/employer, or agency relationship is created or intended as a result of this Agreement. Company is not your financial advisor or attorney and assumes no fiduciary obligation to you.
Third Party Services
From time to time Company may partner with third party services that could add value to the services we provide and our customers. We are not responsible for anything pertaining to the third party sites or company once a customer decides to proceed with an offer or referral service not directly owned or controlled by Company.
Opting into Text Messages
By opting into the TAX EIN program, you expressly consent to receive recurring text messages that may be sent using an automatic telephone dialing system, by or on behalf of TAX EIN, at the cell phone number you provide us. By voluntarily providing your cell phone number to TAX EIN, you consent to receive transactional, operational, or informational text messages at that phone number, including but not limited to order confirmations; advertising; shipping and delivery notifications; and appointments.
Miscellaneous
This Agreement is not transferable, assignable, or sublicensable by you except with prior written consent from Company. You acknowledge and agree that your Company account is non-transferable and any rights to your Company account or contents within your account will be terminated upon your dissolution or death. Company may delegate, assign, or transfer the Terms of Service and its obligations and rights without consent. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Company services, affiliate services or third-party content and/or software. The ‘titles’ of sections in the Agreement have no legal or contractual effect and are for convenience purposes only. Company is not affiliated with any government agency including the Social Security Administration, Internal Revenue Service, US Department of Treasury, or any other government body. We are a private company and we act on behalf of our clients as a Third Party Designee (TPD) to assist them in applying for and obtaining an Employer Identification Number (EIN) or Tax Identification Number (Tax ID).
Entire Agreement
These Terms of Service along with the Privacy Policy contain all of the terms and conditions agreed to by you and Company with respect to your use of the Website and Service. This Agreement supersedes all prior agreements, communications, and arrangements between the parties albeit oral, written, or other including any statements made by any representative at any time of Company.
Contact Us
If you need assistance using this Website or have a question regarding our Service, Terms of Service or Privacy Policy, please contact us using any of the options found below.