Terms of Service
Version published on August 6, 2024
Contents
- 1. These Terms are a binding contract between you and us
- 2. We provide customer services and facilitate related legal services
- 3. The legal service is provided by attorneys and other legal representatives subject to legal and professional standards
- 4. Your responsibilities
- 5. Your rights regarding professional standards
- 6. Pricing, billing, and paying your taxes
- 7. Minefield Nav products description
- 8. Our products are provided with limited liability
- 9. Please note that our intellectual property is protected
- 10. Digital communication
- 11. Termination of service
- 12. Disputes mitigation
- 13. Governing Law
- 14. Future changes to the terms
1. These Terms are a binding contract between you and us
Welcome to Minefield Navigator!
The Terms of Service ("terms") describe our and your rights and responsibilities and govern your access to and use of any website, service, technology, interface, software, design, product, workflow, or features provided by us (our “products”).
The provider of the products
The products are owned, operated, branded, and/or offered by us at Minefield Navigator (“Minefield Nav”, “we”), except where we expressly state that separate terms (and not these terms) apply. Minefield Nav is legally operated by Simply Apply Limited, 304 South Jones Boulevard, #8701 Las Vegas, NV 89107, USA (also known as the “provider”). The provider's general email is info@minefieldnavigator.com.
Please read these terms carefully, and contact us if you have any questions at support@minefieldnavigator.com. By accessing or using Minefield Nav products, you agree to be bound by the terms as a contract between you and us - the parties to the contract (“parties”). If you do not agree to the terms, you must not access or use Minefield Nav products. If you do use our products, you are required to follow the terms where it is your stated duty or where you are asked to proceed in a certain way.
Our compliance pledge
In the UK and in the EU, we comply with UK GDPR and EU GDPR, respectively, and applicable tax laws. In the UK, we comply with UK marketing and advertising laws. Our key principle is that we provide sound and trustworthy services in complicated situations that can be largely automated. That is why we explain to you in detail how our services work in these terms so that you can make informed decisions in your business situation.
Let us start with explaining the basics about the services we provide to you.
3. The legal service is provided by attorneys and other legal representatives subject to legal and professional standards
Our business partners for legal services
The legal services are provided by the attorney named in the Power of Attorney and the persons authorized by the attorney according to the law in relevant EU states and the terms. These persons are our business partners, but at the same time, they are distinct business entities, separate and independent from the provider, and have their own responsibility and liability.
Since every EU state has its own rules for the legal profession, it is necessary that the attorney delegates his Power of Attorney to a substitute attorney for legal tasks in a different EU state (“substitute”). We use the word attorney in these terms to describe both the attorney whom you authorize to represent you and the attorney’s local substitutes in the EU states. To be clear, we may manage the legal steps by ourselves only in rare and limited cases, in which the EU states allow for this.
Legal professional standards
Attorneys must follow professional standards set by the law or the bar, chamber of attorneys, or other similar bodies. The professional duties of an attorney include many responsibilities, and the professional standards may differ among EU states.
Since the attorney is our business partner, it is necessary to make clear that any custom consultation with you that you ask for (above the scope of the service you bought) from an attorney may cost you extra money. The charged amount is determined by the pricing policy of the attorney or the legislation of the EU state. This is, however, not the case when it is a consequence of a discrepancy caused by us or by any attorney involved with our facilitation.
If you cancel the subscription, it affects legal matters
You should understand that the subscription of some services, such as those related to VAT registration and returns, is connected with the respective legal services because otherwise, we could not provide a smooth experience. In case our service is canceled, the attorney who provides the connected legal service will finish his or her activities in a way that professional standards require. Each local attorney follows the professional standards in the EU state where he or she is based.
The cancellation of the Power of Attorney will result in the cancellation of all the Powers of Attorney delegated to the substitutes in the EU states. In that case, you will be required to deal with all the duties in the EU state on your own or use a different representative. We will make sure that you get all the necessary documentation so that you can comply with the law of the EU states in the jurisdictions of the services that you subscribed to.
4. Your responsibilities
As a customer, you have the following main responsibilities:
Document delivery
Please note that in many cases, we request documents from you that we need for the service, and without them, we cannot proceed. This may include letters from the IRS and other government authorities which you usually already have in your possession, and it would be impossible or costly for us to get them on your behalf.
Accuracy of the data
You are responsible for ensuring the accuracy of data entered. The filing services we provide check some aspects of the data, but we assume only partial responsibility for the accuracy of the calculations and generated documents - within the scope of the data entered by the user.
Letting us know all relevant facts
You are also required to inform us about the facts relevant for the delivery of the service and do so in a truthful and complete manner.
- For example, we need to know whether you are already represented in the EU states for tax purposes by a different attorney, since that may have an impact on dealings with tax authorities and also duties to the legal profession.
- If you subscribed to our VAT product, we need to know about any relevant transactions in the country for which you purchased the product, beyond those included in the Amazon files, such as local services and purchased goods. Such transactions cannot be processed automatically yet and are beyond the scope of our products.
5. Your rights regarding professional standards
Privacy
Your privacy is important to us. Please refer to our Data Processing & Privacy Policy for information on how we collect, use, and disclose your data.
Confidentiality
We treat the information provided by you as confidential. It is also protected by the law in the respective EU states, especially by the law governing the attorney profession and tax confidentiality. We may, however, share the confidential information with the attorneys involved, and vice versa, to deliver you the service, and you authorize us to do that.
Liability and insurance of the attorney
The liability of the attorney is governed by the law of the respective EU state.
It is often the case that the attorney is required to have insurance for the damage that may be caused by his professional misconduct to the client. As there are no general rules for insurance and its limits in the EU or EFTA, please consult the legislation of the EU state you are interested in.
In the rare and limited case that we manage the legal steps by ourselves - in the EU states that allow for this - no insurance is provided.
6. Pricing, billing, and paying your taxes
Pricing
The pricing policy listed on our website applies. Occasionally, we may offer discounts. Prices for subscriptions may change due to changes in legislation or business conditions. We reserve the right to change our prices at any time. Any price changes will be communicated to you in advance and will take effect at the start of the next billing cycle.
For custom services, we will provide a price based on the specific conditions at the time.
If you are already our customer and want to participate in our discount program and help us improve our products, please write us a note.
Payment Platform
All payments for our services will be processed through the Stripe platform. By using our services, you agree to Stripe's terms and conditions. If your payment method fails or your account is past due, we may suspend or terminate your access to the services.
Billing cycle for subscription
You will be billed on a one-time basis, or in the case of a subscription, on a monthly/yearly basis, depending on the billing cycle you select when you sign up for the service. The billing cycle will start on the day you subscribe and will automatically renew unless you cancel your subscription.
Refunds
Refunds are only issued on a case-by-case basis. You must submit a refund request in writing to our support team at support@minefieldnavigator.com within 30 days of your purchase date or the date the problem occurred. If you are eligible for a refund, it will be processed through Stripe. To qualify for a refund, you must have used our services in good faith and followed the terms.
Once your refund request is received and approved, we will process your refund through the original payment method within 10 business days. Refunds may take additional time to appear on your statement, depending on your bank or credit card provider.
Any third-party fees are non-refundable and may be deducted from the total refund amount.
Money-back Guarantee
Some of our products are offered with a money-back guarantee. This money-back guarantee does not affect your statutory rights. If, for any reason, you are not satisfied with our services to which the money-back guarantee applies, you may request a full refund within 30 days of your purchase as described above.
Liability for your unpaid taxes
We want to make it very clear that we are under no circumstances liable for your taxes that you may owe to any tax authority.
Some countries have laws that a tax representative may be held responsible by law for any outstanding payments, e.g., through a guarantee or a security deposit. We hope there are no outstanding payments made by the attorney on your behalf to the tax authority. But in such a case, you assume the obligation to reimburse all such payments in full to the representative without any delay, and you hereby authorize the provider to charge your credit card for such reimbursement. This may include the fee of the attorney for such a case, or the interest for late payment according to the relevant legislation.
We may also delay any services or take another proper action at our discretion to ensure you comply with your obligation to pay your taxes if our business partner is forced to do it for you.
8. Our products are provided with limited liability
We do not assume any responsibility for how the software is used by the user.
Limited liability for damages
Neither party, nor their affiliates, officers, directors, employees, agents, or suppliers, will be liable to the other party or any third party for any indirect, special, or consequential damages. This includes lost profits, lost sales, lost data, business interruption, or any other losses related to these terms or the service, even if they were warned or could have anticipated such damages.
Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for some types of damages. This means that some of the above limitations may not apply to you. In these jurisdictions, liability will be limited to the maximum extent permitted by law. Regardless of anything else in these terms, our total liability to you or any third party related to these terms or the service will not exceed the total subscription charges you paid in the past twelve months before the first event causing the liability.
The purpose of the limited liability is to allocate risks between the parties and limit potential liability based on the subscription charges. The subscription charges would have been much higher if we assumed more liability. We have relied on these limitations to decide whether to provide you access to the service under these conditions.
Any claims or damages that the parties may have against each other shall only be enforceable against the contracting party and not any other entity or its officers, directors, representatives, or agents.
9. Please note that our intellectual property is protected
The content on our Sites and the software of our products, and the documentation, is owned by Minefield Nav or its licensors and is protected by law.
The copyright
We only grant you a non-exclusive, non-transferable, revocable license to use the text in composition with the visual contents of the website for personal, non-commercial purposes only.
You may:
- View and use the content for normal web browsing,
- Quote small parts of our text content (not software) on your web page provided that you attribute us as the authors and you link to our site,
- Download one copy of an article per device for personal use,
- Print one copy of an article for personal use and for internal use in your business, provided that the brand and authorship of the provider is included.
You must not:
- Use our copyright-protected content on your web page and distribute it unless allowed by your national legislation.
- Modify any materials from the website or our products unless we instruct you otherwise.
- Use images or graphics separately from the text.
- Remove or alter copyright or trademark notices.
- Reverse-engineer or steal the software code.
Any unauthorized use of our products violates the terms and may breach copyright and other laws.
10. Digital communication
Using the interface or email for communication
The communication regarding your products shall take place preferably using the interface provided for in the service. If that is not fit (especially for the disputes from the contractual relationship in the legal matters), use your email address that you registered with, the email of the attorney specified in the Power of Attorney, and the general email of the provider in the terms. We will do the same and make sure that the attorneys follow.
Delivery alert through a second way
Such an email sent to the address will be considered delivered even if there is no reaction and no proof of delivery, provided that:
- The sender has sent it, and
- That he sent in the next 14 days an alert through a second way of communication in writing other than email, such as text message (SMS), Whatsapp, or other contact used by the recipient, his statutory body member, or his responsible employee, or his general contact address, and
- That this alert was displayed or received by the person in possession of this contact; the date of delivery of the message will be determined by the date of the displaying or receiving of the alert.
The delivery is also valid in any case that the message has reached the recipient on a different email address, reached him or her in person, or by post, even when a different address was used, provided that the message was indeed delivered to the statutory body member, the responsible employee, or the general contact address of the recipient.
Special conditions for the message informing you about the change of the terms apply. Please see section 14 of the terms.
11. Termination of service
Right to Terminate
Either party has the right to terminate the contract at any time with written notice to the other party at least 30 days prior to the intended termination date. Please use the interface or the email support@minefieldnavigator.com.
Immediate Termination
This agreement may be terminated immediately without prior notice in the event of a material breach of the obligations by either party, including but not limited to:
- Breach of confidentiality,
- Significant non-performance of agreed duties, including when you do not pay for the service or you do not pay the taxes related to the service, or when we do not deliver the service that you bought,
- Infringement of the terms,
- Order that is outside of the scope of the service,
- Reasonable suspicion that you intentionally use our service for illegal activities including tax fraud or money laundering, if you do not provide any other reasonable explanation when we ask you for it,
- Intentional harm to the reputation of the other party.
If you are responsible for any of these, please beware that there is no refund, no money-back guarantee, and no obligation to provide the service for that month. If we are responsible for any of these and you terminate the agreement, we either give you a refund or provide the service for the month if you request it.
Consequences of Termination
Upon termination of this agreement, both parties agree to:
- Return all materials, documents, and confidential information to the other party,
- Settle all outstanding obligations and debts incurred up to the date of termination; in case the service is not provided due to the fault on your side, we will refund you,
- Cease all activities related to the service and contract, unless stated otherwise, without any unnecessary delay.
Irrevocability of Termination
The termination of this contract is final and irrevocable unless both parties agree otherwise in writing.
Surviving Provisions
All provisions of this agreement that by their nature survive termination shall remain in effect after the termination of this agreement, including but not limited to provisions regarding confidentiality, liability, and settlement of obligations.
12. Disputes mitigation
If any party does not enforce any part of the terms, it does not mean that party gives up the right to enforce it later, unless that party says so in writing.
Prior reconciliation to disputes
In case of a dispute between the attorney (or the substitute) on one side and you on the other side regarding the legal service, there shall be a reconciliation attempt by us as the provider prior to any legal actions. All the parties agree to try to participate in this in good faith. Otherwise, the obligation will not be considered as due by the authority that is otherwise competent to decide on the dispute.
Remedy against the harm of reputation
If any party intentionally harms the reputation of the other party, the other party has the right to state the relevant facts to protect their reputation in a way that is most similar or less harming than the way the reputation was harmed. A prior reconciliation attempt is not required. Other claims of the other party (such as the right for compensation) are not affected. If the statement is within the limits of this agreement, it shall not be considered a breach of confidentiality and the terms.
Severability Clause
If any provision of the terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remaining provisions of the terms, which shall remain in full force and effect.
The parties agree to replace any such invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that most closely approximates the intent and economic effect of the invalid provision.
13. Governing Law
Governing law of Delaware
The contract resulting from the terms is governed by the laws of the United States of America and the state of Delaware. The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Delaware for any legal suit, action, or proceeding arising out of or related to this agreement.
Entire agreement Clause
These terms along with our Privacy Policy and any other legal notices on our website and the Pricing, and any special agreement in writing, which are clearly designed as binding in business transactions, make up the whole agreement between you and us about using our services.
This agreement replaces any previous agreements or communications, whether written or spoken, between you and us about our services, except where noted above. Should any claims be disputed, it can only be based on the terms and the written statement of the competent acting persons of the contract parties, which is clearly designed as binding in business transactions.
Interpretation of the terms
The words printed in bold in the terms are to be interpreted in the way they were defined when later used throughout the terms unless they are clearly used in a different sense.
14. Future changes to the terms
We reserve the right to modify the terms at any time. Any changes will be effective immediately upon posting the updated Terms of Service on our website with a notice on the website and in case of substantial changes sending a corresponding email to you.
By continuing to use our services after any changes are posted on the website, you agree to be bound by the revised Terms of Service. If you do not agree with the modified terms, you must terminate the contract in the next 30 days.
Please contact us if you have any questions at support@minefieldnavigator.com.
Thank you for using our services
We hope Minefield Navigator provides you with a new, smooth experience with compliance.
