Welcome to Openbiz!
Openbiz is owned and operated by Openbiz LLC. These are the terms and conditions for:
- ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Openbiz. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly. If you are using the services on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your organization to this terms. Accordingly, all references in this terms to “you” or “user” shall be deemed to include your organization, except where the context may otherwise require. If you do not have such authority, then you may not use the service on behalf of your organization and you must discontinue all use of the service immediately. The services are not directed to persons under the age of 18. Openbiz does not knowingly collect information from persons under the age of 18 or allow them to create an account or access the features of the Services on their own. If you are under the age of 18, please do not submit any personal information about yourself to Openbiz unless you have proper permission from the appropriate parent or legal guardian. It is the responsibility of parents and legal guardians to determine whether any of the content and services offered on the website is appropriate for their children or minors under their guardianship. Openbiz may, in its sole discretion, refuse to offer the services to any entity or user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions. The website and services may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations. By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
If you register with Openbiz, you will be asked to choose a password and user name and may be asked for additional information such as your email address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Openbiz of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user’s account without Openbiz’ prior authorization. Openbiz will not be liable for any loss or damage arising from your breach of this agreement. Users may cancel their accounts at any time and for any reason by sending us their request through our contact information. If you voluntarily terminate your account or allow your account to lapse, you may reactivate that account at any time by logging in to the service through the website and reactivating the account. There may be a fee associated with such reactivation. Accounts terminated by Openbiz for any type of abuse including, without limitation, a violation of this terms, may not be reactivated for any reason. Openbiz may at any time terminate your account if:
- Openbiz determines that you are (i) in breach of or otherwise acting inconsistently with this terms or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to Openbiz;
- Openbiz determines it is required by law to terminate your account; or
- Openbiz decides to stop providing the service.
- NOTIFICATIONS AND NEWSLETTER
By providing Openbiz with your email address and telephone number, you agree that we may use your email address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through our contact information or by using the “unsubscribe” option in the emails. Opting out may prevent you from receiving emails regarding our services, important news and special content.
- SPECIAL SERVICE CONDITIONS
- You can cancel the application and get a full refund. However:
- Once the company formation process is complete, we cannot refund.
- When a government agency (such as the Secretary of State, IRS or other agencies) is reviewing documents, we cannot refund.
- If you are dissatisfied with services outside of our website (e.g. third party service providers), we will not be able to refund.
- We are NOT affiliated with any bank, government, accounting and professional organizations. The client is responsible for paying expenses related to the establishment and operation of the business that are not covered by our service (e.g., notary fees, CPA fees, and other expenses not covered by our flat fee).
- Due to government restrictions, we cannot accept applications from citizens of Cuba, Crimea, Iran, North Korea and Syria. These restrictions may change.
- If the party involved (such as IRS, registered agent or any other party) needs more time to process the application, the company creation process may take longer than estimated.
- Openbiz.io is not responsible for IRS errors in providing documentation. The client will be responsible for correcting such errors should he/she wish to do so.
- Once openbiz.io has paid the state fees, you will not be able to change the selected state or LLC name.
- The banks we work with are third party entities and we cannot control how they register customers or process customer applications during the registration process. They cannot accept applications from residents of the following countries: Belarus, Burundi, Central African Republic, Cuba, Democratic Republic of Congo, Iran, Iraq, Lebanon, Libya, Nicaragua, North Korea, Somalia, South Sudan, Sudan, Syria, Ukraine, Yemen, Zimbabwe. These limits may change. This is particularly a residency requirement, so if citizens of these countries move elsewhere in the future, our banking partners can generally approve them.
- All documents will be provided digitally; they will be sent via email. We will not provide actual copies of the documents.
Openbiz offers the following plans:
- Basic Plan
- Professional Plan
When a user makes a purchase of a plan, the user agrees and declares to purchase the plan for the price advertised on the website at the time of purchase. Please check the price and features of each plan before ordering. When a user makes a plan purchase, Openbiz will send a confirmation email. This confirmation email will occur automatically so that the user has confirmation of payment and plan initiation. If the user does not receive the confirmation email when purchasing and signing up for the plan, it may have been sent to their spam folder. Openbiz may cancel the sale of any plan and may change or discontinue the availability of plans at any time at its sole discretion. If a plan purchase is cancelled, any payments made for the applicable billing period will be refunded. This does not affect your statutory rights. Plans may include automatic recurring payments. You authorize Openbiz to renew your plan and to charge you periodically and progressively on each billing date. The plan billing date is the date you purchase the plan and make your first payment. On the applicable billing date, you will automatically be charged the applicable plan fee. The plan will remain active until you cancel it or we terminate it. You must cancel your plan before it renews to avoid the next billing period. We will bill you for the plan billing fee in the payment method you choose during plan registration and purchase. Plans will automatically renew for an additional period unless cancelled before the next billing period. To cancel plans, users must submit a cancellation request through our contact information and the plan will be cancelled for the next billing period. If a plan is cancelled, the user will be able to continue using the payment functions of the services until the next billing period, at which time the plan will be cancelled definitively.
The plans will be paid through Stripe (payment processor available on the website). Payment will be charged to your credit or debit card immediately upon payment of the applicable plan fee. Upon processing a transaction, we will issue an electronic receipt that will be sent to the email address you provided to us at the time you purchased a plan. The email and transaction receipt may be sent through the payment processor available from Openbiz. If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the client service of the corresponding payment platform. If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code. If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed. Your payment information will be treated and stored with total security and for the sole purpose of processing the purchase of services. Openbiz reserves the right to hire any payment platform available on the market, which treats your data for the sole purpose of processing the purchase of services.
Openbiz provides its services as an intermediary to carry out legal and banking procedures in the United States of America, for which it hires services from third parties located in the country, without being part of any consortium, government entities, state entities, or any other kind of entities that grant registration rights to companies in the United States; nor does it have any alliances, commercial partnership or direct relationship with banking entities in the country. Openbiz does not provide or intend to provide any kind of service, advice or fiscal or legal consultancy to its clients and users. All information published in this regard is for public knowledge only. By purchasing or engaging the services of Openbiz, you agree that Openbiz does not guarantee any profit results, success or failure of the services provided by Openbiz. Openbiz is not responsible for any losses or benefits that our clients may suffer or obtain that are directly or directly related to the provision of our services. The client acknowledges that the ultimate success or failure of the services provided by Openbiz will be the result of each client’s particular situation beyond the control of Openbiz. By accessing the website and the content available on the website (blog), you accept personal responsibility for the results of using the information available on the content. You agree that Openbiz has not guaranteed the results of any actions taken, whether or not advised by this website or the content. Openbiz provides resources and content for informational purposes only. We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice. Any use of the material provided on this website is at your own risk.
- THIRD-PARTY MATERIALS.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
All materials on Openbiz, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Openbiz or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on Openbiz are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Openbiz prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Openbiz or any part of the material for any purpose other than its intended purposes is strictly prohibited.
- COPYRIGHT INFRINGEMENT
Openbiz will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Openbiz respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the Openbiz platform infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
- A statement that specifically identifies the location of the infringing material, in sufficient detail so that Openbiz can find it on the website.
- Your name, address, telephone number and email address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
- An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf.
- CONFIDENTIAL INFORMATION
Information provided by our customers through our services will be treated as confidential information and will be used solely for the purpose of providing our services properly. Openbiz will protect such confidential Information from disclosure to third parties by employing the same degree of care used to protect its own confidentiality or proprietary information of similar importance. If necessary to carry out a prospective business relationship, Openbiz may disclose confidential information received pursuant to our services to employees and/or consultants with a need to know, provided that the consultants are obligated to protect such confidential information from unauthorised use and disclosure. Confidential information shall not be disclosed to any third party without the prior written consent of the customer who is the owner of the information.
- PERSONAL DATA
- PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Openbiz or licensed to the Openbiz by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
- Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any portion of the services for any purpose without our express written permission.
- “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Openbiz in connection with the services.
- Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content.
- Download any content unless it’s expressly made available for download by Openbiz.
- DISCLAIMER OF WARRANTIES
Because of the nature of the Internet Openbiz provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control. Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites. Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law. You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Openbiz for any loss or damage caused as a result. Openbiz will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God. These terms do not affect your statutory rights as a consumer which are available to you. Subject as aforesaid, to the maximum extent permitted by law, Openbiz excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Openbiz and Openbiz shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on the website.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or service purchased through the website.
- Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Openbiz.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
- ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Openbiz for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify Openbiz from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of the services.
- CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Openbiz without restriction.
- NO PARTNERSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Openbiz as a result of this terms or your use of the services.
- INTEGRATION CLAUSE
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between the user and Openbiz, provided that each party retains the right to bring an individual action in a court of competent jurisdiction. In the event of a dispute arising in connection with the use of the services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules. You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Openbiz may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties. To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and services. The courts of the United States, specifically the courts located in the State of (Insert State), shall have jurisdiction over any dispute, controversy or claim relating to Openbiz and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of (Insert State).
- FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States. Use of the website and services are not authorized in any jurisdiction that does not give effect to all of the provisions of these terms. Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use. If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. Any rights not expressly granted herein are reserved.
- CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact page or via the contact information below: