If an order is cancelled after SmallBiZ has received payment, but before we have conducted a name check, we will refund your total less a $25 processing fee.
If an order is cancelled after SmallBiZ has received payment, but AFTER we have conducted a name check, and before your documents have been submitted for processing, we will refund your total less a $50 processing fee.
If an order is cancelled after SmallBiZ has received payment, and we have already submitted your order for formation with the state, we will refund only the service or product which has not been started. All fees already paid to a state agency and/or to suppliers are non-refundable.
A request to cancel a SmallBiZ Secretary subscription must be received within 10 days of ordering this service to be eligible for refund.
A request to cancel registered agent service must be received within 10 days of ordering this service to be eligible for refund. If we (one of our companies or one of our representatives) have completed filing (new formation or change of agent) and are listed as registered agent on the state records for one or more days during the period of service, there will be no refund. There are no partial refunds of this service.
Cancellation Due to Name Availability
If the preferred name choices specified for a new entity filing are not acceptable under the formation state's rules, order can be cancelled, but subject to cancellation rules herein. Because there are always other name choice alternatives, SmallBiZ will work with you to find an alternative which is acceptable to the entity's formation state.
Written Cancellation Notification
To cancel an order or service, you must send us written notice (i.e. by Contact Us form, by Message Tracker in Order Tracking, by fax, or by mail) and we must respond acknowledging receipt before we can cancel an order or service. We process cancellation requests within 24 hours of receipt of written notice, so if you have not received a reply from us after 24 hours, it means we have not received your request and it is your responsibility to contact us to ensure your cancellation is processed.
Written notice of intent to cancel must be received no more than 180 days after an order has been placed. Written notifications received after this are only eligible to receive order credit for a new order, and are not refundable.
SmallBiZ.com's filing service includes the states fees for forming that entity. SmallBiZ.com is not responsible in anyway for any fees that are due AFTER the filing of your articles. Many states (i.e. NV & CA) have additional reports and statements due shortly after your filing date. We recommend that you research the state in which you want to file BEFORE you place your order. For additional information about your state and our service, please check out our Incorporator Research Center.
As part of our SmallBiZ Filing Service, SmallBiZ.com will file only the minimum articles and provisions that are required by law, using the state's approved filing forms or documents. If you wish to file additional articles or provisions, SmallBiZ.com charges $25 extra to add those provisions to your articles or filing document(s). If you wish to view a copy of documents to be filed before SmallBiZ.com submits them to the state, you can request a copy and ask to approve document(s) before filing. However, if you do not notify SmallBiZ.com in writing with your request for pre-approval or additional provisions be added (and payment submitted for this), documents will be filed again using the minimum provisions that are required by your state.
Because of periodic changes in state filing fees, SmallBiZ's prices are subject to change. SmallBiZ will make every attempt to reflect changes before they take place. However, if a state's filing fee has increased before a filing is submitted and before it is reflected on our website, customer has the option to pay the increase in state fees or receive a complete refund. If SmallBiZ changes the price (when not related to a state's filing fee increase) or the inclusion or exclusion of products or services in one of SmallBiZ's packages, customer has option of receiving package as quoted (previous to change(s)) or based on order submitted (after change(s)).
A $25 fee, in addition to bank service fees, will be charged for all checks returned to SmallBiZ due to non-sufficient funds or closed accounts.
Late Mailings & Late filings
SmallBiZ accepts no liability for USPS, Airborne, or any other carrier?s negligence in either loss, delay of delivery or destruction of any filing documents which may result in the delay of filing of a corporation or LLC or other entity. We do our utmost to try to make sure your papers arrive in a timely manner, as ordered, and without damage.
SmallBiZ is not responsible for any delays caused by the state-filing agency handling your formation.
SmallBiZ neither implies nor expresses any guarantees about filing time.
Quite frankly, we have little control over their processing time.
18 Years or Older
You must be 18 years old or older and have the authority to order services or products on SmallBiZ to place orders of any kind. We cannot be held responsible for the actions of a minor who places an order with a valid credit card on our system.
To facilitate the filing process, we will often act as the Incorporator or Organizer in the filing. If you wish to be the Incorporator or Organizer, please notify us immediately after ordering and we will send you documents for signing or list your name as Incorporator or Organizer.
Date of filing
Unless you specify an alternative filing date, in writing (on the order or by email), your date of filing shall be what ever is specified by the state agency that handles entity formations. If you are NOT absolutely sure that you have specified an alternative filing date, it is your responsibility to notify us, in writing, of this or any other change not shown on your order. Specifying a date that your business may begin (such as on EIN orders) does not constitute a request for a specific filing date.
Orders are considered completed by SmallBiZ when a filing has been completed (if ordered) and all materials have been sent/made available(online) to a customer and customer's Online Order Tracking (see "Incorporator Orders" in Member Options folder near the top left hand side of each web page) has been marked as "completed". If SmallBiZ has not been notified by customer within 60 days AFTER that date of completion of any missing materials or defects, SmallBiZ does not assume any further responsibility.
Commercial Registered Agent
If you choose a commercial registered agent, other than one provided to you by SmallBiZ, to be your entity's registered agent, you will be required to order Expedited Filing Service (or pay an additional $25 fee) and you must have a signed authorization from that registered agent to act as your company's agent before we can submit your filing with the state.
Responsibilities to and on behalf of Registered Agent
If you are purchasing registered agent service from SmallBiZ on behalf of your entity, the following herein constitutes your written contract, and your written acceptance of this agreement is made by submitting your order to SmallBiZ for registered agent service. To which, you agree to have SmallBiZ or its designated agent act and remain as your entity’s registered agent until you replace the agent by properly executing and filing with your state’s filing agency a change of registered agent. Until such time, you will be responsible for the fees posted by SmallBiZ for providing this service (usually $99 per year). Additionally, your entity, at all times, must provide SmallBiZ a current Contact person, with phone number, email, and delivery addresses. A delivery address will be used for forwarding any such documents or correspondence SmallBiZ or its designated agent may receive on your entity’s behalf. SmallBiZ will notify the Contact by Email (of record) of any and all documents being forwarded and provide a digital copy accessible on your registered agent website. SmallBiZ is not responsible for any documents that have been forwarded, but have been lost or damaged in the mail. Documents sent by FedEx, will be insured up to $100, for actual damage or loss.
Additionally, it your responsibility to provide to SmallBiZ, your entity’s most current manager/member names and addresses (for LLCs) and directors & officers names and addresses (INCs). If any change in the above occurs, or if Contact is unable to receive email, access registered agent website, or has not received a forwarded document, it is your responsibility to notify SmallBiZ of the change or problem, in writing within 30 days of said change. Failure to provide any of the following information, or comply with the herein stated Responsiblities shall constitute a breach of contract, which may result in actions by SmallBiZ and your state’s filing agency, which may cause your entity’s suspension or revocation.
Your entity is prohibited from using the physical address, mailing address, email address and/or any officer information of SmallBiZ and/or any designated agents as its own. Listing any of this information on your website, business correspondence, vendor applications, or anywhere else and/or representing this information as your entity's information is strictly prohibited. Noncompliance with this requirement constitutes a breach of contract and immediately severs SmallBiZ from any responsibility to provide registered agent services on behalf of your entity and therefore cease accepting any service of process or legal notices on behalf of your company. Upon breach of contract, SmallBiZ may then file agent resignation with your entity's registration state.
Registered agent service can be canceled by either party, by delivering written notice to other party, within thirty (30) days of stated date of service cancellation. If you cancel service, there will be no refund of any fees paid, either partial or in full. If SmallBiZ cancel's your entity's registered agent service thirty (30) or more days prior your renewal date, for any reason other than for your breach of contract, SmallBiZ will pay a prorated refund of pre-paid service fees.
Limit of Liability
SmallBiZ's liability is limited only to the amounts paid to SmallBiZ.
Delivery to Business Address
If you provide a residence address for your delivery address, YOU ARE RESPONSIBLE for any lost or damaged deliveries. This is because Federal Express does not require a recipient's signature for a residential delivery. Often deliveries to residences will be left at the door, leaving packages/mailers subject to theft or damage. Once delivery is confirmed by FedEx, SmallBiZ assumes no further responsibility. Replacement of any materials/paperwork which are lost or damaged due to delivery to a residential address will be at your own cost.
SmallBiZ specifically disclaims any warranty, whether express or implied, including the implied warranties of merchantability and fitness of purpose. The user of this service expressly agrees that SmallBiZ will not be held liable or responsible for any damage or inconvenience caused or alleged to be caused by the use of any of our services.