Terms of Service

1. Introduction

These Terms of Service ("Terms") govern the use of the website expat-llc.com and of all services offered by Expat LLC ("we", "our", the "Provider"). By placing an order or using our services, you ("the Client") agree without reservation to be bound by these Terms.

The Provider is incorporated as a limited liability company (LLC) registered in the State of Wyoming, United States.

2. Description of services

Expat LLC offers two families of services:

2.1 One-off services (Packs)

• Formation of limited liability companies (LLCs) in the United States, primarily in Wyoming
• Application for the federal identification number (EIN) with the IRS
• Drafting of the Operating Agreement
• Support with opening a US business bank account
• Preparation of annual IRS filings (Form 5472 + Pro Forma 1120), see section 9

2.2 Recurring services (annual subscriptions)

• Registered Agent service in the state of formation
• US professional mailing address with digitisation of incoming mail
• Preparation and filing of the state Annual Report
• Any other recurring service offered on the client portal, as of its availability

3. Composite service and partners

The services provided by Expat LLC are a composite service that may involve US licensed partners (registered agents, mailing address providers, tax preparers, banks, etc.).

The Client has no direct contractual relationship with these partners: Expat LLC contracts in its own name with these third parties, retains control of the commercial relationship, and invoices the Client for the overall service including these components. The identity and number of partners may change over time without constituting a material change to these Terms.

This structure allows Expat LLC to offer a single point of entry (one provider, one interlocutor, one bill) and to manage the entire administrative life cycle of the Client's LLC on their behalf.

For certain categories of services, Expat LLC may also receive referral commissions from its partners. See our affiliate disclosure page.

4. Ownership of your LLC

The limited liability company (LLC) formed for the Client is and remains their exclusive and personal property. Expat LLC is neither a shareholder, nor a manager, nor an agent of the Client's LLC, unless expressly agreed in writing otherwise.

In concrete terms:

• The Client is the Single-Member Owner of the LLC, listed as such on the Articles of Organization, the Operating Agreement and with the IRS
• The Client is the sole holder of the bank accounts opened in the name of the LLC
• The Client is the exclusive recipient of the EIN issued by the IRS
• Expat LLC acts as a provider of administrative services and coordinator of the relationship with US partners, without any power of representation, signature or commitment of the Client's LLC
• The Client may at any time change administrative provider or take over management directly, without fee or penalty on our side (fees of outgoing partners, if any, remain the Client's responsibility)

5. Pricing and payments

Prices shown on our site are stated in the currency displayed at checkout (typically US dollars or euros) and include any applicable taxes. Mandatory state fees (initial filing fee, annual report, etc.) are included in the packages unless expressly stated otherwise.

Payment is made via our payment provider Stripe by card. No complete card data is stored by Expat LLC.

For recurring services (section 2.2), payment for the first year is charged immediately at subscription. Subsequent renewals are charged automatically on each anniversary date at the prices in force, subject to a thirty (30) day price notice in the event of an increase. The Client can cancel the renewal at any time via their member area (section 7).

We reserve the right to change our prices at any time for new orders. Prices applicable to existing orders remain those in force at the time of the order, until the next annual renewal.

6. Right of withdrawal and refunds

6.1 Right of withdrawal (B2C, EU consumers)

If the Client is a consumer residing in the European Union, they have fourteen (14) days from the order to exercise their right of withdrawal, without having to justify their decision (Article L221-18 of the French Consumer Code, transposing Directive 2011/83/EU).

Exception (Article L221-25): if the Client expressly requests that the service begins before the withdrawal period expires, and the service is fully performed before that period expires, the right of withdrawal is lost. The "I request immediate performance" checkbox presented at checkout materialises this express request.

6.2 Refund of one-off services (Packs)

• Before any performance begins (no steps started with partners): full refund within 14 days
• During performance (Articles of Organization in progress, EIN requested, etc.): pro-rata refund of the services not yet started, after deduction of irrevocable state fees and partner fees already committed
• After full delivery of the Pack: no refund, the service being fully performed

6.3 Cancellation of recurring services

• The Client can cancel the renewal of a subscription (Registered Agent, Mailbox, Annual Report) at any time via their member area, without notice or penalty
• Cancellation takes effect at the end of the annual period already paid; no pro-rata refund is due for the period in progress
• In case of early cancellation, the Client is responsible for arranging the transfer of the Registered Agent and/or mailing address to another provider before the service expires, on pain of the LLC falling into default with the state of formation

7. Member Area and access to documents

Expat LLC provides the Client with a secure personal area (expat-llc.com/portail/) allowing:

• Permanent access to the official documents of their LLC (Articles of Organization, EIN letter, Operating Agreement, IRS filings, etc.)
• Consultation of active services and their renewal dates
• Management of payment methods and subscriptions via the secure Stripe billing portal
• Reception of scanned mail received at the US mailing address, where applicable

The Client is responsible for the confidentiality of their credentials. Any unauthorised access must be reported immediately to contact@expat-llc.com.

8. Limitation of liability: general provision

Expat LLC undertakes to provide its services with customary diligence and professionalism. Our services constitute administrative, technical and coordination assistance. Expat LLC is not a law firm or a CPA firm. Our advice does not constitute formal professional legal, tax or accounting advice.

Overall liability cap. In any event and whatever the legal basis invoked (contractual, tortious, warranty, etc.), the total liability of Expat LLC to the Client is strictly limited to the amount of fees actually paid by the Client to Expat LLC during the twelve (12) months preceding the event giving rise to liability.

Are in any event excluded from any compensation:

• Indirect, immaterial or consequential damages (loss of profit, loss of clientele, loss of reputation, etc.)
• Tax consequences of a Client's incorrect filing in their country of residence
• IRS fines, interest or penalties resulting from an omission, incorrect data or delay attributable to the Client (cf. section 9)
• Damages resulting from force majeure, act of state (regulatory change, administrative closure) or the act of a third party
• Consequences of the failure of an independent partner where such failure is unrelated to any fault of Expat LLC in the selection or coordination of that partner

The Client expressly acknowledges that these limitations are a determining element of the economics of the contract and that without them, the prices offered would be significantly different.

9. IRS tax preparation: specific provisions (Form 5472 / 1120)

• Paid Return Preparer: Expat LLC acts as a Paid Return Preparer registered with the IRS (PTIN: P03475974) for formatting the Client's data into federal forms (Form 5472, 1120 Pro Forma). Expat LLC is not, however, a CPA (Certified Public Accountant) firm.
• Dependence on Client data (No Audit Clause): Expat LLC relies exclusively on the figures, descriptions and documents (bank statements, etc.) provided by the Client. We perform no audit or independent verification of the accuracy or completeness of your financial processes. Any omission is the sole responsibility of the Client.
• IRC § 7216 consent: Pursuant to Section 7216 of the Internal Revenue Code, by using our services, you give your explicit consent for Expat LLC to use your data for the exclusive purpose of preparing IRS forms.
• Exclusive responsibility to review and approve: The IRS considers the taxpayer (the LLC) as the sole party responsible for the returns. Once the PDF is delivered by Expat LLC, it is the Client's direct and exclusive responsibility to review every line, data point and figure carefully before signing and submitting the form under penalty of perjury.
• Indemnification & Hold Harmless: The Client is informed that the IRS imposes an automatic $25,000 penalty for any failure, delay or material error on Form 5472. By using our services, the Client agrees to indemnify, defend and hold harmless Expat LLC and its founders against any claim, civil penalty, IRS fine, or legal fee arising from a late filing, rejection or error.
• IRS deadlines: If the Client provides their final documents after 1 April, Expat LLC does not guarantee completion of the file by 15 April. The Client bears the full financial responsibility for any late filing.

10. Intellectual property

All the content of this site (texts, images, design, logos, code) is the property of Expat LLC and is protected by intellectual property laws. Any unauthorised reproduction, distribution or use is strictly prohibited.

11. Informational content

The guides, articles, videos and tools available on this site are provided for informational purposes only. They do not constitute personalised professional tax, legal or accounting advice. The use of these resources is at the Client's own responsibility.

12. Data protection

Expat LLC undertakes to protect the personal data of its Clients in accordance with the General Data Protection Regulation (GDPR). Data may be transferred to US partners for the performance of services, with the appropriate safeguards. For details, see our Privacy Policy.

13. External links and third-party services

Our site and our communications may contain links to third-party sites (banks, government services, documentary resources). Expat LLC does not control the content of these sites and is not responsible for their content or their privacy practices.

14. Availability of the site and portal

We strive to keep the site and the member area accessible at all times, but we cannot guarantee uninterrupted availability. We reserve the right to suspend, modify or interrupt all or part of the service without notice for reasons of maintenance, security or force majeure.

15. Force majeure

Neither party may be held liable for a failure to perform its obligations resulting from a case of force majeure as defined by applicable case law (in particular: war, pandemic, natural disaster, generalised interruption of banking or Internet services, decision of a public authority, etc.).

16. Governing law and dispute resolution

These Terms are governed by the laws of the State of Wyoming, United States, subject to the application of mandatory provisions applicable to the Client as a consumer in their country of residence (in particular, for EU consumers, the mandatory provisions of the French Consumer Code and Regulation (EU) Rome I).

Prior conciliation. In case of dispute, the parties undertake to seek an amicable solution before any contentious action. The Client may send their complaint to contact@expat-llc.com. Failing an agreement within thirty (30) days, the dispute will be submitted to the competent courts of the State of Wyoming, subject to mandatory jurisdiction of another court in favour of the consumer.

In accordance with Article 14 of Regulation (EU) No 524/2013, EU consumers may also use the European online dispute resolution platform: ec.europa.eu/consumers/odr.

17. Changes

We reserve the right to modify these Terms at any time. Material changes will be notified to the Client by email at least thirty (30) days before they take effect. Other changes take effect as soon as they are published on this page.

18. Contact

For any question about these Terms, contact us:

• Email: contact@expat-llc.com
• Website: expat-llc.com