Wayfrontier

Service Contract

1. General Aspects

Wayfrontier LLC (hereinafter, “THE COMPANY”) is an intermediary service company that offers users the possibility to register a commercial legal entity in the United States of America (hereinafter, “USA”), and introduces its clients to various banks for opening bank accounts in the USA on behalf of legal entities, through its platform www.wayfrontier.com (hereinafter, “THE PORTAL”).

The following sections cover the terms of the service contract for accessing and/or using the Portal (hereinafter, “SERVICE CONTRACT”).

2. Company Details

The following data is reflected below:

  • The ownership of the Portal is attributed to Wayfrontier LLC, a company incorporated in the state of New York, USA.

  • The primary contact email of the company is: [email protected]

3. Users

Accessing and/or using the Portal attributes the condition of User (hereinafter, “THE USER”).

The condition of User implies the full acceptance of this service contract.

The terms of this contract shall apply immediately and obligatorily, regardless of any specific contractual conditions that may apply to a particular User.

4. Portal Operation

The Portal operates as follows:

4.1 Users access the Portal and can find available information about the services offered (hereinafter, “THE SERVICES”).

Services shall be understood as:

  • Incorporation of Limited Liability Company (LLC)

  • Incorporation of Corporation (Corp)

4.2 The User chooses the service that best suits their needs and proceeds to register on the Portal, providing the following information:

  • Chosen name for the company (availability will be verified before starting the incorporation process)

  • State where the company will be registered

  • Business activity of the company

  • Website (optional)

  • Full name of each member/shareholder of the LLC/Corp

  • Email of each member/shareholder of the LLC/Corp

  • Phone number of each member/shareholder of the LLC/Corp

  • Address of each member/shareholder of the LLC/Corp

  • Percentage of ownership of each member/shareholder of the LLC/Corp

  • Date of birth of each member/shareholder of the LLC/Corp

  • Nationality of each member/shareholder of the LLC/Corp

Upon registration, the User expressly authorizes the Company to send emails with commercial information, as well as information related to the contracted Services on the Portal.

The User acknowledges and accepts that the company to be incorporated will be governed by the state laws of the chosen state of incorporation and the federal laws of the USA.

4.3 Once registered, the User accesses a control panel area, which can be accessed at any time with the email and password provided during registration. In this panel, the User must upload the documentation specified according to the chosen Service, in order to carry out the contracted service. Such documentation will include, but is not limited to, the following:

  • Passport photograph of each member/shareholder of the LLC/Corp

The name provided by the User for the company is subject to availability. If available, the process of incorporating the company will continue. Conversely, if the name is not available for registration, the User will be informed and must provide an alternative name, which will again undergo the verification process. This process will continue successively until the desired company name has been verified as available.

Once the availability of the name is verified, the process of registering the company will continue, which can be monitored by the User through their control panel on the Portal.

As mentioned earlier, the User must upload a photograph of their passport and those of their partners in the company to be established, if any. The conditions of this/these photograph(s) are fundamental for the success of the process. They must be:

  • Clear, in color, and high resolution

  • Document edges must not touch the margins of the photograph

  • Fingers or other elements must not be visible

  • Both pages of the passport must be visible in a single photograph.

The Company is not part of consortia, government entities, state entities, or any other type of entities that grant registration rights for companies in the USA, nor does it have alliances, commercial partnership, or any direct relationship with banking entities in that country.

The intermediation service to open a commercial bank account in the United States will be governed by the specific service conditions of the bank where the account opening takes place.

The Company provides its services through the Portal as an intermediary for the execution of legal and banking procedures in the USA, for which it will contract services from third parties located in said country.

The User acknowledges and accepts responsibility for ensuring that any filters and/or forwarders configured in their account are disabled once the process is completed. Otherwise, the User agrees to notify the Company to have it disabled or deactivate it themselves.

4.4 When choosing the service, the User may opt for their preferred payment method on the Portal's payment gateway, where they will proceed to make the corresponding payment according to their choice.

4.5 The User will receive exclusively digital, non-physical, documentation corresponding to the service contracted on the portal.

4.6.a In the event that the User has contracted the service for incorporating an LLC in the USA, the Company will send the User the following documentation:

  • Certificate of Formation or Articles of Organization, depending on the state of incorporation.

  • Certificates of Incorporation

  • EIN (Employer Identification Number) / Tax Identification Number

4.6.b In the event that the User has contracted the service for incorporating a Corp in the USA, the Company will send the User the following documentation:

  • Articles of Incorporation.

  • Bylaws.

  • EIN (Employer Identification Number) / Tax Identification Number

  • Operating Agreement

5. Scope of Support Service.

5.1 Initially, all accounting information that we could provide is in an educational context and/or public availability, and the client should consult with a qualified professional.

5.2 We do not provide legal advice under any circumstances. Any information we could provide in an educational context and/or public availability, the client should consult with a qualified professional. As we are not attorneys, there is no attorney-client relationship between us, and communications between us are not protected as attorney-client communications.

5.3 Under no circumstances can we guarantee the approval of business bank accounts.

5.4 Under no circumstances can we guarantee the availability of the LLC name selected by the client.

5.5 We do not provide advice on registration on payment platforms, exchanges, or brokers under any circumstances.

5.6 Under no circumstances does the creation of an LLC obligate us to directly process related documentation.

5.7. Under no circumstances is the creation of an LLC a commitment or direct obligation to fill out or complete forms or documentation related to it.

5.8. In no event are we responsible for the requirements (forms, information, or documentation) that the LLC may receive from any entity (federal, state, or private) that are not directly related to a process under Wayfrontier's responsibility. These are the sole responsibility of the owner(s) or partner(s).

6. Force Majeure. Act of God.

We will not be considered in breach of these terms of service, and we will not be responsible for any cessation, interruption, or delay in the performance of our Services or other obligations due to earthquakes, floods, fires, storms, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or public enemy, epidemic, famine, or plague, action of a court or public authority, change of law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott, or other similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than sixty days in total, we may immediately terminate our Services and shall have no liability for, or as a result of, such termination.

7. Force Majeure. Act of God.

We will not be considered in breach of these terms of service, and we will not be responsible for any cessation, interruption, or delay in the performance of our Services or other obligations due to earthquakes, floods, fires, storms, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or public enemy, epidemic, famine, or plague, action of a court or public authority, change of law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott, or other similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than sixty days in total, we may immediately terminate our Services and shall have no liability for, or as a result of, such termination.

8. Refunds

Unless otherwise stated herein, all purchases made are final and non-refundable. No refunds shall be granted for charges or credits unless otherwise agreed in writing between you and us and/or if specific to the type of service we provide or as required by law. We reserve the right to issue and/or pro-rate refunds or credits at our sole discretion unless required otherwise by law. If we issue a refund or credit, we are under no obligation to issue a refund equal to or similar to it in the future. This refund policy does not affect any legal rights that may apply. All state filing fees are non-refundable.

The User acknowledges this specific condition and expressly agrees not to have any claims against the Company in case of dissatisfaction or any unforeseen eventuality within the parameters of the services offered by the Company.

9. Right of exclusion. Service termination

9.1 Right of exclusion. The Company reserves the right to deny or withdraw access to the Portal without prior notice to those Users who breach these terms of the contract.

9.2 Service Termination. When a Service is cancelled or terminated with us, you acknowledge and agree that:

  • You are responsible for paying all outstanding invoices

  • You are responsible for any regular, non-discounted and à la carte fees that may occur as a result of the breakdown due to the termination of any Service

  • You are responsible for any bill generated or fees incurred after the expiration of any free trial period of any Service

  • Anyone with access to your account has the proper authority to cancel the Services

  • Termination is binding for the company(s)

  • At the time of termination, you waive all rights or claims for legal damages or tort claims

  • You will NOT file a 'change of address' request with the United States Postal Service ('USPS')

10. Portal Modifications

The Company reserves the right to make, without prior notice, the modifications it deems appropriate to the Portal, being able to add, modify, and/or remove the contents and services offered through it, as well as their presentation and/or location.

11. Modification of Service Agreement

The Company reserves the right to make, without prior notice, the modifications it deems appropriate to this Service Agreement, being able to add, modify, and/or remove any of its clauses, which shall be duly published as they appear herein.

12. Privacy Policy. Data Protection

The Portal fully complies with data protection policies, using the General Data Protection Regulation as the legal framework, in force in the European Union. In this sense, privacy and data protection policies are precisely specified in a separate document from this and available to Users on the Portal for relevant legal purposes (hereinafter, 'PRIVACY POLICY').

En tal sentido, las políticas de privacidad y protección de datos se especifican de manera precisa en manifiesto individual aparte del presente y a disposición de los Usuarios en el Portal a los fines legales pertinentes (en adelante, “POLÍTICA DE PRIVACIDAD”)