The terms and conditions set forth in this Terms Of Service ("Agreement") constitute the full and complete agreement between you and USGR Consultants Inc. ("USGR") which owns and operates http://www.employeridentificationnumber.net ("Website"). Your agreement to be bound by these terms and conditions is accepted and acknowledged by: (a) your use of the Website, and/or (b) the submission of any online application form on the Website. The terms contained herein supersede and replace any other agreement or negotiation between you and USGR whether oral, written, or otherwise including any statements made by any representative of USGR at any time.
1. U.S. Tax Identification Number Services
USGR is a document preparation and filing service for certain federal U.S. tax identification numbers, such as an employer identification number ("EIN") and an Individual Taxpayer Identification Number ("ITIN"). USGR uses the information you provide (verbal or written) to prepare and file the necessary documents to acquire the requested U.S. tax identification number(s).
As Certifying Acceptance Agents, we are experts at acquiring U.S. tax identification numbers. We are not a law firm and thus do not provide legal, tax, financial, or any other type of professional advice. However, USGR's representatives may express their opinions and provide general information on acquiring an EIN and/or an ITIN from the Internal Revenue Service ("IRS") to our clients and to the public. You must determine on your own what document(s) and/or U.S. tax identification number(s) you require for your situation. If you require any sort of legal, tax, financial, or other professional advice, we strongly urge you to contact the appropriate professional with the required expertise. If you choose otherwise, you acknowledge that: (a) you are acting as your own attorney, financial advisor, accountant, or other professional, and (b) you are not to rely upon any information contained in this Website or otherwise provided by USGR and its representatives in place or instead of any legal, tax, financial, or other professional advice.
Using the information and supporting documents that you provide USGR with, we will prepare the required document(s) and apply for the U.S. tax identification number(s) that you request. USGR is not responsible for checking the accuracy of the information that you provide. We will use the exact information that you provide to complete the forms needed to apply for the requested U.S. tax identification number(s). Once USGR has provided you with the requested U.S. tax identification number(s), we will not provide any ongoing service. We will not perform for you or provide you with any information or reminders on additional filings that may apply to your situation such as taxation filings, contact person or address changes, and/or cancellations of the issued U.S. tax identification number(s). All such responsibilities are your own responsibility. You are responsible to ensure that the information provided to USGR is accurate in detail, spelling and grammar, and your submissions are ready for use as submitted.
2. Your Authorization
Upon submitting any request for services you agree that the information that you provide is true and correct and that you are not creating any of the documents requested for any illegal, improper, or fraudulent purpose. You agree that you are authorized to prepare the documents for the U.S. tax identification number(s) that you are requesting, and that no authority other than that granted by you is necessary to make the assignment of the services that you request. You further authorize USGR as a third party designee to: (a) prepare and submit the required forms including, a SS-4, W-7, 8821 and/or 2848 form to the IRS, (b) receive information related to requested filings on your behalf such as your EIN and/or ITIN, and (c) answer any questions from the IRS or other official governmental entity on your behalf. You agree to indemnify and hold harmless USGR and its officers, directors, employees, agents, affiliates, parents, subsidiaries, and its business and service providers of and from any claims, actions, and demands of the party upon which you purport to act or of any third party alleging any lack of authority, error, or damages of any kind including attorneys fees and costs in any way connected with your authority to request and complete any service requested.
3. Fees and Taxes
Your submission of credit card information, bank account information, and/or other payment information into the Paypal website constitutes your authorization for USGR to charge you for the services ordered, any applicable sales tax, and for any related fees or expenses. USGR charges the following fees and taxes where applicable to any particular service requested:
This fee is charged for the preparation of any forms, collection of needed documents, and/or the certification of identification documents required to apply for the requested U.S. tax identification number(s). The amount of the application fee varies depending on the U.S. tax identification number(s) requested, the location of the applicant, and/or the complexity of the applicant's case in applying for the requested U.S. tax identification number(s).
Applicants located within Canada are charged either the Goods And Services Tax ("GST") or the provincial Harmonized Sales Tax ("HST") of 13-15% on all services provided to the client and any additional fees incurred.
Shipping & Postage Fee
This fee is charged if USGR pays any shipping & postage costs (incurred in any way) relating to the requested U.S. tax identification number application whether the application is successful or not.
This fee is charged if USGR incurs any costs in dealing with the IRS and other third parties relating to the requested U.S. tax identification number application whether the application is successful or not.
Credit Card Chargeback Fee
For credit card payments that are charged back by the client, a $25.00 USD fee will be assessed along with any Paypal and collection costs.
USGR accepts MasterCard, Visa, American Express and Discover via Paypal. Clients with a Paypal account can make their payment with any one of the previously mentioned credit card payment options as well as pay by debit or eCheck via Paypal (if a bank account is linked to their Paypal account). USGR does not commence the requested services for a client until the full payment due has cleared.
In addition, USGR may from time to time allow additional forms of payment. However the offering of a particular form of payment does not obligate USGR to continue to offer that form of payment in the future.
For most services, amounts to be charged are disclosed prior to you submitting your payment information to Paypal. Clients applying for an ITIN need to contact us before an accurate quote can be provided.
If the Website has incorrectly quoted and/or incorrectly charged the client for the requested services, the client must pay the correct full amount (determined by USGR) before USGR commences the requested services. USGR will make its best attempt to contact the client to inform him/her of the error in payment, so that the client can pay the correct amount, and USGR can acquire the U.S. tax identification number(s) for the client in a timely manner.
4. Limited Money-Back Guarantee
We are proud to offer our Limited Money Back Guarantee. This offer is subject to the terms and conditions set forth herein depending upon the particular U.S. tax identification number requested as well as when and why a refund is issued. Generally, as long as you cancel your order before our work is completed we will refund your money less a fee for services already rendered and any costs already incurred related in any way to your application (plus GST or HST for Canadian applicants). The specific details of our guarantee are as follows for each service:
EIN Application Service
If you contact us to stop the filing before we submit your application to the IRS, we will refund your total payment less a $50.00 USD (plus GST or HST for Canadian applicants) document processing fee. Once we submit your application to the IRS, there will be no refund granted, unless the IRS refuses to issue you an EIN.
No EIN No Fee Guarantee
If USGR submitted your EIN application to the IRS, and the IRS refused to issue you an EIN (for any reason), then a full refund will be issued to the client minus any shipping & postage fees, and administrative fees incurred with the client's EIN application. GST or HST on the applicable fees (if any) may be charged for Canadian applicants.
We generally are able to acquire the requested EIN for a client within 1 business day from the date that we receive the client's signed EIN application form and the correct payment. It is important to note that applications in which the responsible party does not have a SSN or ITIN will take 4-5 business days. However, if the service takes longer than outlined timeframe (for any reason), the client cannot demand a refund on this basis or request a discount on the fees paid. The IRS' communication & application systems may not be fully functioning at all times, and USGR cannot guarantee the speed at which the IRS issues an EIN. USGR makes every effort to obtain your EIN as quickly as possible.
ITIN Application Service
Where a form W-7, form 8821, form 2848, and/or Certificate Of Accuracy, has been prepared by USGR and/or provided to you for your signature and/or completion, we will refund your total payment less a $50.00 USD (plus GST or HST for Canadian applicants) document processing fee, as long as the completed and signed documents have not yet been received by USGR for filing. Once we receive your completed and signed documents there will be no refund granted, unless the IRS refuses to issue you an ITIN. If we receive your request to stop the filing before we have submitted it to the IRS, the filing may still be cancelled with a $50.00 USD (plus HST for Canadian applicants) penalty.
No ITIN No Fee Guarantee
If USGR submitted your ITIN application to the IRS, and the IRS refused to issue you an ITIN (for any reason), then a full refund will be issued to the client minus any shipping & postage fees, and administrative fees incurred with the client's ITIN application. GST or HST on the applicable fees (if any) may be charged for Canadian applicants.
We generally are able to acquire the requested ITIN for a client within 6 - 10 weeks from the date that we receive the client's signed W-7, 2848 and 8821 forms, as well as any other paperwork required by the IRS for the ITIN application. However, if the service takes longer than the previously outlined timeframe (for any reason), the client cannot demand a refund on this basis and/or request a discount on the fees paid. The quoted timeframe is purely a guideline, and USGR cannot guarantee the speed at which the IRS issues an ITIN as it depends on their workload and the time of year when an ITIN is requested. USGR makes every effort to obtain your ITIN as quickly as possible.
USGR reserves the right to alter, change, amend, or delete fees at its sole discretion. USGR further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate. USGR reserves the right to offer subsequent promotional rates which may or may not be more favourable than the terms under which you entered this Agreement. Any such periodic special rates shall not affect the then existing rights and responsibilities of each party.
All content within this Website, including, but not limited to text, software, graphics, logos, icons, and images are the property of USGR. Except as provided herein, no portion of the materials on these pages may be reprinted or republished in any form without the express written permission of USGR. Permission is granted to print copies of informational articles for your own use and review, provided that source attributions and copyright notices are maintained. USGR reserves all of its rights in the graphic images and text, any other images, its trade names and trademarks, copyrights, and any and all intellectual property rights. USGR's trade names, trademarks, logos, and service names and similar proprietary marks shall not be reprinted or displayed in any form without the express written permission of USGR.
6. Ownership of Intellectual Property & Confidentiality
It is understood and agreed that during the term of this Agreement and thereafter you may come into possession of information which is the confidential and proprietary information of USGR including but not limited to the USGR customer service and maintenance tools. You acknowledge that all right and title to any such USGR intellectual property shall remain the sole property of USGR and that you have no right, title, or interest therein. You further agree not to provide access to the USGR services to any third party. You agree yourself and not to assist any third party in any way to use, translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market, or otherwise dispose of any portion of the USGR services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the USGR service shall also remain the sole property or USGR.
During the term of this Agreement you may have access to certain information and materials relating to USGR's business, customers, software technology, and marketing which USGR treats as confidential ("Confidential Information"). You agree to at all times during the term of this Agreement and otherwise as set forth herein: (1) hold in confidence, and not disclose or reveal to any person or entity, any Confidential Information without the express prior written consent of USGR; and (2) not use or disclose any of the Confidential Information for any purpose at any time, other than pursuant to your rights under this Agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for 3 years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
7. Information and Communications
You hereby consent and agree that as to any information which USGR may collect from you and/or maintain with respect to you, including but not limited to any information related to your order, your billing information, services purchased, correspondence to and/or from USGR concerning you or your account, or other information which in USGR's sole judgment is reasonable, USGR may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted, or otherwise reasonable shall be within the sole discretion of USGR and may include but shall not be limited to: (1) compliance with court order, subpoena, or other request of any State/Province or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act, and (4) compliance with the USGR Terms Of Service or other policies.
You agree to receive periodic emails from USGR in regards to USGR or partner products, services, your account, and system conditions, changes, updates, and/or schedules. You agree to provide true and accurate account and billing information to USGR specifically including your name, address, email address, telephone number, billing information, and any other account information requested at any time during the ordering process.
USGR has provided a secure means of online communication consistent with the industry standard. Where you choose to communicate with USGR outside of this secure environment such as via email be advised that your communications are not necessarily secure. Such transmission, therefore, is at your own risk.
8. Warrantees and Limitations
USGR makes every reasonable effort to maintain operation of the USGR service however because as many events and circumstances are beyond the control of USGR, USGR does not in any way warrant or otherwise guarantee the availability of the USGR system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of USGR.
In general, USGR has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. USGR accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. USGR provides no warrantee for any goods or services which you obtain over the Internet nor the compatibility of any such services with the USGR system.
You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
THE USGR SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO USGR FOR ANY SERVICES RELATED TO ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL USGR BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
You agree to fully defend and indemnify and hold harmless USGR of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this Agreement or your negligence whether active or passive or any negligence of USGR in any way related to your use of the USGR service or any portion thereof. You agree that you are in compliance with all applicable laws and regulations pertaining to or governing your use of this Website, and you agree to indemnify and hold USGR harmless from and against any and all claims, damages, losses or obligations suffered or incurred by you arising from your failure to comply.
You agree to fully defend and indemnify and hold harmless USGR of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the USGR service or any portion thereof. Choice of counsel remains exclusively that of USGR.
10. Right of Refusal
USGR, in its sole discretion, reserves the right to refuse to provide services to you. You agree that USGR shall not be liable to you for loss or damages that may result from our refusal to provide services.
Your rights under this Agreement may be assigned only upon prior notice and express approval by USGR. USGR may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of USGR. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
Any notice under this Agreement shall be given by USGR to you via email at the email address provided by you to USGR at the commencement of this Agreement or as USGR is subsequently advised. Notice to you at this email address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so by contacting customer service via the Website.
Any notice by you to USGR shall be made via email to firstname.lastname@example.org and is effective only upon receipt by USGR of any such notice.
13. Force Majeure
Either party to this Agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labour disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
15. Choice of Law
This Agreement shall be interpreted under the laws of the province of British Columbia without regard to any conflict of law provisions. Any action between the parties to this Agreement for the breach of this Agreement or any action or claim in any way relating thereto shall be venued in the law courts of British Columbia. The parties to this Agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defence of any kind related to jurisdiction or venue.
16. No Agency
Notwithstanding any other provision of this agreement, USGR is not your agent, partner or joint venturer in any respect. USGR is not your attorney or financial advisor and assumes no fiduciary obligation to you.
USGR may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the USGR Website in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.
Updated December 31, 2013