Purpose and Principles
This Refund Policy (the “Policy”) governs all refund requests for services rendered by Brendat INC, a corporation organized under the laws of the State of Georgia (“Brendat,” the “Company,” “we,” “us,” or “our”). This Policy forms part of, and is incorporated by reference into, the Company’s Terms and Conditions.
This Policy is founded on three principles: (a) a Client shall pay only for services the Company has actually rendered; (b) fees remitted to governmental authorities and third parties on the Client’s behalf cannot be recovered once paid; and (c) any error attributable to the Company shall be corrected at the Company’s sole expense.
Definitions
“Service Fee” means the fee charged by the Company for its professional services, exclusive of government and third-party fees.
“Government Fees” means all fees payable to state filing offices, the Internal Revenue Service, or any other governmental authority.
“Third-Party Fees” means fees payable to registered agents or other service providers engaged on the Client’s behalf.
“Filing” means the submission of formation or other documents to the applicable governmental authority.
Refunds Prior to Filing
A Client may cancel an order and receive a full refund of all amounts paid, excluding the Electronic Transaction Fee, at any time prior to Filing.
The Company’s standard processing time is three (3) to seven (7) business days. The Company shall keep the Client informed of the status of the order, so that the Client is aware of the period within which cancellation remains available.
This provision reflects the principle that, until Filing occurs, no work has been finalized and no fees have been remitted on the Client’s behalf.
Fees Following Filing
Upon Filing, all Government Fees and Third-Party Fees, including state filing fees and registered agent fees, are remitted directly to the applicable authorities and providers and are non-refundable.
This provision reflects that such fees are paid to parties other than the Company and cannot be recovered by the Company or the Client once paid.
Service Fee Refund for Company Non-Performance
The Client shall be entitled to a refund of one hundred percent (100%) of the Service Fee where:
- (a)the Company fails to complete Filing within seven (7) business days following receipt of all information required from the Client, for reasons within the Company’s reasonable control; or
- (b)the Company fails to deliver the documents purchased by the Client.
Delays attributable to processing by governmental authorities are outside the Company’s control and do not give rise to a refund under this Section.
This provision reflects the Company’s position that a Client should not pay for timeliness or deliverables the Company has failed to provide.
Electronic Transaction Fee
The Electronic Transaction Fee is charged to cover payment processing costs incurred at the time of payment. Such costs are not returned to the Company upon refund. Accordingly, the Electronic Transaction Fee is non-refundable in all circumstances.
Errors and Corrections
Client review. Prior to Filing, the Company shall provide the Client with the details to be filed for review. The Client is responsible for reviewing such details carefully and confirming their accuracy.
Errors attributable to the Company. Where an error is attributable to the Company, including the incorrect entry of information or the misspelling of a name, the Company shall correct the error at its sole expense, including any Government Fees for amendment. Corrections are subject to the amendment procedures of the applicable governmental authority, and the Company shall keep the Client informed until the correction is complete.
Errors attributable to the Client. Where an error results from information provided by the Client, whether inadvertently or otherwise, all Government Fees for amendment and the Company’s amendment Service Fee shall be borne by the Client. The Company shall confirm all applicable costs with the Client before undertaking any correction.
This provision reflects the principle that each party bears responsibility for its own errors, and that no Client shall incur a charge without prior notice.
Refunds for Other Services
Employer Identification Number (EIN): Fully refundable prior to submission of the application to the Internal Revenue Service. Non-refundable following submission.
Individual Taxpayer Identification Number (ITIN): Fully refundable prior to submission of the application to the Internal Revenue Service. Non-refundable following submission. The approval of an ITIN application is determined solely by the Internal Revenue Service, and the Company makes no guarantee as to its outcome.
Tax Preparation: Fully refundable prior to commencement of preparation by the Company’s tax professionals. Non-refundable once a Brendat CPA has begun preparing the return. The Company shall notify the Client when preparation has commenced.
This provision applies the same principle to all services: full refund before work begins, no refund once work is completed or submitted, and correction of the Company’s errors at its own expense.
Payment Disputes
A Client with any concern regarding a charge is requested to contact the Company at contact@brendat.com before initiating a chargeback or payment dispute with a financial institution. The Company shall respond within one (1) business day and endeavors to resolve all matters directly.
The initiation of a chargeback or payment dispute without prior notice to the Company may delay the resolution of any refund, and the Company reserves the right to suspend work on the affected order pending resolution of the dispute.
Nothing in this Section limits any right the Client may have under applicable law or the rules of the Client’s financial institution.
Refund Request Procedure
Refund requests shall be submitted in writing to contact@brendat.com and shall include:
- (a)the Client’s full legal name;
- (b)the order number;
- (c)the email address used for the purchase; and
- (d)the reason for the request.
The Company shall acknowledge each request within one (1) business day. Approved refunds shall be issued to the original method of payment within five (5) to ten (10) business days.
Amendments
The Company reserves the right to amend this Policy at any time. Amendments shall become effective upon posting to the Website and shall not apply retroactively to orders placed before the effective date of the amendment.