Terms & Conditions
I understand that this site is not affiliated with the IRS and the amount charged and consideration paid is a convenience fee for the preparation and e-filing of the FBAR. Applicant understands that no representation or warranty is being made regarding the applicants eligibility requirements nor do we offer tax advice. Applicant also understands that no refund is available once the FBAR has been either efiled with the IRS on customer’s behalf.
By completing the application and submitting payment, the customer is expressly granting us full authority to efile the FBAR on their behalf and is representing that they have the full authority to do so. Additionally, the customer acknowledges that of the content provided by the customer within the FBAR is accurate and is the sole responsibility of the customer. Fedserv takes no responsibility for incorrect data or filing errors.
The terms and conditions set forth herein constitute the full and complete agreement between you and Fedserv Inc. (hereinafter "Fedserv") which owns and operates this website. Please read these terms and conditions carefully prior to utilizing our site. By using our site your agreement to accept these terms is accepted and acknowledged by either (a) your use of the Fedserv website or (b) the submission of any order for any service.
1. Services Provided
Fedserv provides document preparation and filing services for certain Federal, State, County and City documents. Fedserv uses the information you provide to prepare and/or file the documents that you request on your behalf.
We do not sell documents. Empty documents might be available for free, and some documents can be filed for free if you do so yourself. What we sell is a proprietary web-based document preparation and/or filing service. All of our services include knowledgeable and courteous support, which we make available to you by e-mail.
We are a private company, specializing in preparing certain government-related and tax-related documents, but we are not the government. We are not affiliated with, endorsed, or approved by the Social Security Administration, US Department of the Treasury, Internal Revenue Service, or any government agency. We work only for you, and only to improve your filing experience by preparing and/or filing the documents that you request on your behalf. If you prefer to obtain, prepare, and/or file your own documents instead of using our services, you can visit one of many different government websites such irs.gov and ssa.gov.
We are not lawyers and we do not provide legal advice, tax advice or any other professional advice of any kind. We provide generalized information to our customers and to the public about our services and the documents that we offer to prepare and file. It is up to you to determine the particular documents applicable to your situation. For legal, financial or other advice, we urge you to contact the appropriate respective professionals. If you choose not to do so, you will be acting as your own attorney, financial advisor or other such professional and agree not to rely upon any information contained in this website or otherwise provided by Fedserv in place or instead of any such advice.
We will prepare the document that you request only. We will not prepare any document that you do not specifically request. We will not check the accuracy of the information that you provide. We will use the exact information that you provide to complete the assignment that you request. Once our assignment is complete we will not provide any ongoing service even where we may become aware of information which would identify the need for any additional documents. 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 for taxation, licensing, updates, or renewals. All such responsibilities are and will remain yours. You are responsible to ensure that the information provided to Fedserv is complete and accurate with respect to detail, spelling and grammar and you represent to Fedserv that your submissions are accurate and ready for use as submitted.
2. Your Authorization
Upon accepting this agreement you authorize Fedserv to collect the information that you provide and to use such information to prepare and/or file the documents that you request on your behalf. You understand and agree that Fedserv may reformat or re-arrange the information that you provide as may be necessary for use in the specified forms prepared at your direction. The information that we collect is governed by our Privacy Policy which is incorporated by this reference herein as though it were set forth in full. You expressly agree that you have read that policy and that you agree to accept the terms set forth therein as part of this agreement. 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 and file the documents 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 Fedserv as a third party designee to (a) prepare and submit the requested forms including, where requested by you, an SS-4 form to the Internal Revenue Service ("IRS"), (b) receive information related to requested filings on your behalf such as your Employer Identification Number, and (c) answer any questions from the IRS or other official governmental entity on your behalf related to your requested document and/or filing.
You agree to indemnify and hold harmless Fedserv 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 attorney’s fees and costs in any way connected with your authority to request and complete any service requested.
3. Fees
Your submission of credit card information, or any kind of payment card information, constitutes your authorization for Fedserv to charge your card for the services ordered and for any related fees or expenses. You further agree to abide by the terms of your card issuer's agreement. This applies to any fee charged, incurred or paid by Fedserv for or in any way relating to publication requirements for any document we prepare and/or file at your request whether the filing is ultimately accepted or not.
4. Limited Money-Back Guarantee
We offer a limited refund subject to the terms and conditions set forth herein.
Where a FBAR form has been prepared by Fedserv, we will refund your total payment less a seventy-five dollar ($75.00) document processing fee, as long as the pdf document has not yet been efiled with the IRS. After the documents have been prepared and uploaded, there are no refunds whatsoever.
Fedserv reserves the right to alter, change, amend or delete fees at its sole option. Fedserv further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate. Fedserv reserves the right to offer subsequent promotional rates which may or may not be more favorable 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.
Payment of Fees - Fedserv accepts payment by credit and debit card (Visa, MasterCard, Discover, American Express. In addition, Fedserv may from time to time allow additional forms of payment however the offering of a particular form of payment does not obligate Fedserv to continue to offer that form of payment in the future. The current list of payment options will be displayed during the order process. If you have any questions concerning the current available payment options, please email us at help@efilefbar.org
5. License
Fedserv, subject to the terms and conditions set forth herein, hereby grants you a non-exclusive, limited, personal license to use the Fedserv website service for the term of the agreement as set forth herein. Your rights under this agreement may be assigned only upon prior notice and express approval by Fedserv. Any other assignment is null and void. All content within this site, including, but not limited to text, software, graphics, logos, icons and images are the property of Fedserv. 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 Fedserv. Permission is granted to print copies of informational articles for your own use and review, provided that source attributions and copyright notices are maintained.Fedserv 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. Fedserv'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 Fedserv.
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 Fedserv including but not limited to the Fedserv customer service and maintenance tools. You acknowledge that all right and title to any such Fedserv intellectual property shall remain the sole property of Fedserv and that you have no right, title or interest therein. You further agree not to provide access to the Fedserv 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 Fedserv Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the Fedserv service shall also remain the sole property or Fedserv.
During the term of this agreement you may have access to certain information and materials relating to the Fedserv business, customers, software technology and marketing which Fedserv treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of Fedserv; and (ii) 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 three (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 Fedserv 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 or from Fedserv concerning you or your account, or other information which in Fedserv's sole judgment is reasonable, Fedserv 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 Fedserv and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (4) compliance with the Fedserv Terms of Service or other policies.
You agree to receive periodic emails and/or phone calls from Fedserv in regards to Fedserv products, services, your account, system conditions, changes, updates and/or schedules. You agree to provide true and accurate account and billing information to Fedserv specifically including your name, address, email address, telephone number, billing information and any other account information requested at any time during the ordering process. While we will never sell your private data to a 3rd party, we reserve the right to contact our customers with reminders and updates that pertain to the services we provide.
Fedserv has provided a secure means of online communication consistent with the industry standard. Where you choose to communicate with Fedserv 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
Fedserv makes every reasonable effort to maintain operation of the Fedserv service however because as many events and circumstances are beyond the control of Fedserv, Fedserv does not in any way warrant or otherwise guarantee the availability of the Fedserv 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 Fedserv.
In general, Fedserv 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. Fedserv 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. Fedserv provides no warrantee for any goods or services which you obtain over neither the Internet nor the compatibility of any such services with the Fedserv 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 FEDSERV 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 FEDSERV FOR ANY SERVICES RELATED TO ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL FEDSERV 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.
9. Indemnity
You agree to fully defend and indemnify and hold harmless Fedserv of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s 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 Fedserv in any way related to your use of the Fedserv 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 site, and you agree to indemnify and hold Fedserv 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 Fedserv of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s 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 Fedserv service or any portion thereof. Choice of counsel remains exclusively that of Fedserv.
You agree that upon the assignment of any transaction ID or password that you will maintain the confidentiality of such information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your ID. You further agree to defend and indemnify and hold harmless Fedserv of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s 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 claim for damages in any way related to the disclosure of your confidential ID and/or password information. Choice of counsel remains exclusively that of Fedserv.
10. Right Of Refusal
Fedserv, in its sole discretion, reserves the right to refuse to provide services to you. You agree that Fedserv shall not be liable to you for loss or damages that may result from our refusal to provide services.
11. U.S. Export Controls
Software available in connection with the Fedserv services is subject to United States export controls. No software may be downloaded from Fedserv or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any downloaded software or software component is at your sole risk.
12. Assignment
Your rights under this agreement may be assigned only upon prior notice and express approval by Fedserv. Fedserv may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Fedserv. Any other attempted transfer or assignment of rights hereunder shall be null and void.
13. Notice
Any notice under this agreement shall be given by Fedserv to you via email at the address provided by you to Fedserv at the commencement of this agreement or as Fedserv is subsequently advised. Notice to you at this 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 Fedserv shall be made via email to help@efilefbar.org and is effective only upon receipt by Fedserv of any such notice. Fedserv's regular business hours are Monday - Friday 9:00 a.m. to 5:00 p.m. Eastern Time and such notice may be sent via United States Mail to the following address:
Fedserv, Inc.
P.O. Box 960477
Inwood, NY 11096
14. 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, labor 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.
15. Severability
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.
16. Choice Of Law
This Agreement shall be interpreted under the laws of the State of Wyoming without regard to any conflict of law’s 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 venue in the Superior Court of the State of Delaware. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
17. No Agency
Notwithstanding any other provision of this agreement, Fedserv is not your attorney or financial advisor and assumes no fiduciary obligation to you.
18. Amendment
Fedserv may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on our website in place of the old. Each and every such amendment shall become effective immediately for all pre-existing and future accounts.