Unless otherwise specified herein, the words “Company Express”, “we”, “us” and “our” refer to Company Express (Delaware) Limited, a Delaware corporation. We are part of a group of affiliated companies based in several countries. Our non-US affiliates maintain a separate website. These Terms and Conditions (these “Terms”) apply only to our services and to our website at www.company-express.com/us (this “Site”). For information about our non-US affiliates and any terms applicable to their services and their website, please visit their website at www.company-express.com.
Please review these Terms carefully. Your use of this Site and information provided by us constitutes your agreement to be bound by these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using this Site. Failure to use this Site in accordance with these Terms may subject you to severe civil and criminal penalties. We reserve the right to make changes to these Terms at any time. Your continued use of the Site will constitute your acceptance of such changes. Accordingly, you should review these Terms from time to time for such changes.
We provide incorporation services designed to enable you to form your own corporation or limited liability company in various states within the United States and certain other jurisdictions. We strive to make this Site useful and informative but we do not guarantee that the information presented will always be accurate, complete or current. Information made available through this Site is not intended as legal, tax or financial advice and you should seek such advice only from your own attorney and other professional advisors. Use of the information on this Site or materials linked from this Site is at your own risk.
Your Use of Our Content
The content contained on the Site, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the “Content”), is protected by copyright, trademark and other such laws in the United States and other countries, and is owned or controlled by us or by third parties that have licensed their Content to us. Unauthorized use of the Content may violate copyright, trademark, and other laws.
You may not, without our prior written permission, “mirror” on any other server any material contained on the Site or use Content on any other website or in a networked computer environment for any purpose. The trademarks, logos and service marks (the “Marks”) displayed on the Sites are owned by us or third parties. You are prohibited from use of those Marks without express, written permission from us or such third party.
Web Site License
As a user of this Site, you are granted a non-exclusive, non-transferable, revocable, limited license to access and use the Site in accordance with these Terms. We may terminate this license at any time for any reason.
Not Legal Advice
Company Express is not a law or accounting firm and neither it nor any of its employees provides legal, tax or professional services or advice. If legal, tax or other professional assistance is needed, please look for the services of a competent licensed professional. The content of this Site should not be used as a substitute for legal advice from an attorney familiar with the facts and circumstances of your specific situation. No confidential attorney-client relationship is formed through use of this Site or our services.
Limitation of Liability
Except as may be expressly provided in these terms or in a separate service agreement between you and us, we disclaim any and all liability with respect to the information you provide to us, your use of this Site or the results of our services. Neither Company Express, its affiliates, nor any of their respective directors, officers, owners, employees and agents shall be liable for any claim or damage of any kind resulting from your use of this Site or our services.
Third-party content may appear on this Site or may be accessible through links from this Site. We are not responsible for any such content, which may be erroneous, libelous, offensive or otherwise inappropriate or unlawful. You use such content at your own risk.
If you become a customer of Company Express, we will undertake to maintain the confidentiality of your non-public information. We will use such information only as required to perform the services for which you engage us and, to the extent permitted by applicable law, we will not divulge such information to any third party without your prior consent. You acknowledge, however, that under some circumstances we may be required to disclose your information by a court or government agency. In such event, we will limit our disclosure to what is required and endeavor to inform you in advance, unless we are prohibited from doing so. Please do not submit any confidential information to us unless and until you become our customer.
You represent to us that the information you supply to us (directly or indirectly through your agent) shall be accurate and complete. By placing an order with us, you acknowledge that we rely upon such information to perform our services, without any independent verification. You agree to indemnify, defend and hold harmless Company Express, its affiliates and their respective owners, directors, officers, employees, agents, successors and assigns from and against any claims, causes of action, damages and liability of whatever kind or nature, including but not limited to court costs and reasonable attorney fees, arising out of or relating to your failure to provide complete and accurate information to us. It is your responsibility to inform us of any changes or corrections to your information.
Our goal is to provide you with excellent service. We want you to be 100% satisfied. If you are not, please contact our customer service via e-mail.
You can cancel your order at any time before we commence our performance of the services ordered. In the event of your timely cancellation, we will refund any prepaid amounts to you, subject to a $50 processing fee.
Orders for ongoing services, such us mail forwarding and nominee services, can be cancelled on a case-by-case basis and we will refund a pro-rated portion of our fee for the applicable service period. To the extent we are unable to avoid or recover disbursements to third parties (including without limitation our affiliates and government agencies), we will be unable to refund such amounts to you. Registered Agent Services are subject to specific terms set forth below.
In order to reduce our impact upon the environment, we send all communications to our customers by email, including all Service of Process (“SOP”) documents, invoices and annual report reminders. It is your responsibility to keep a valid email address on file with us and to make sure that our emails will not be blocked or deleted by your spam filter (we never send spam to customers).
Registered Agent Service in USA
All Company Express USA incorporation packages include free Registered Agent Service until the first renewal date for your entity. The renewal date varies according to the law of the state in which your entity is formed and may be a fixed date (e.g., June 1 for Delaware LLCs) or be based on the anniversary of incorporation. Please contact our customer service to find the renewal date for your entity. After the initial term, you will be billed for Registered Agent Service at our then current rate. If we do not receive full payment as indicated in your invoice, we may resign as your entity’s registered agent, without any liability to you. You acknowledge that an entity lacking a registered agent may be administratively dissolved by the government and you shall bear all risks arising from such dissolution. You agree to pay reasonable collection costs, if necessary, in the event of non-payment, plus interest on any overdue amounts at a rate of 1.5% per month, as well as any fees associated with the reinstatement of your entity, if it has been dissolved.
You may cancel our Registered Agent Service at any time, upon written notice to us, including proof that your entity has a new registered agent on file with the state or country register. If we do not receive your notice of cancellation prior to the renewal date, you agree that we may charge the full fee for the renewal service term. We do not refund any portion of Registered Agent Service fees for service periods that have already commenced.
We may change our fee schedule (including for renewable services) from time to time without notice to you. Before making a new order, please consult this Site or contact us for current pricing information. Returned checks are subject to $30 fee.
We reserve the right to investigate reported or suspected violations of these Terms or unlawful use of our services and to take any action we deem appropriate including, but not limited to, reporting suspected unlawful activity to the appropriate authorities or other third parties and cooperating with any resulting investigation (including the disclosure of non-public information to such authorities without notice to you – please see “Confidentiality” above).
We shall not be responsible for any delay or failure in performance of our services or interruption of availability of this Site to the extent due to circumstances beyond our control, including without limitation fire, natural disaster, act of war or terrorism, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, or incompatible or defective equipment, software or services.
Remedies for Violations
Company Express reserves the right to seek any and all remedies at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular Internet address to this Site and its features.
These Terms will be governed BY and construed under the laws of the State of Delaware, U.S.A., without regard to choice-of-law PRINCIPLES. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS. Any claim or action arising out of or relating to these Terms or your use of our services or this Site shall be subject to the exclusive jurisdiction of the state or federal courts located in Delaware, U.S.A. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding in such a court and any claim that any such proceeding in such a court has been brought in an inconvenient forum.
Severability of Provisions
These Terms incorporate by reference any notices contained on the Site. These Terms constitute the entire agreement between you and Company Express with respect to access to and use of the Site and our services. If any term or provision of these Terms is held to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, the remainder of these Terms will not be affected thereby and each remaining term or provision will be valid and enforceable to the fullest extent permitted by law.