(1) These General Terms and Conditions ("Terms") apply to all contracts between VS Capital LLC, 4700 Millenia Blvd, Suite 500, Orlando, FL 32839, USA (doing business under the brand "Borderless", hereinafter "Provider") and its customers (hereinafter "Customer").
(2) Deviating terms of the Customer shall not apply unless the Provider expressly agrees to their validity in writing.
(3) B2B only: The Provider's offering is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) and at business founders who obtain the services in order to start or prepare a commercial or independent professional activity. It is not directed at consumers.
(1) The Provider renders administrative and support services, in particular:
(2) The specific scope of services is determined by the package selected in accordance with the service description on the website or the individual offer.
(3) No tax or legal advice: The Provider does not provide tax or legal advice. The Customer is solely responsible for the tax and legal assessment of their individual situation and is referred to a tax advisor or attorney for this purpose.
(4) Third-party decisions: Decisions by authorities (e.g. the IRS), banks, card issuers and other third parties are beyond the Provider's control. Information on credit limits, processing times and terms is based on experience and does not constitute warranted characteristics unless expressly designated as a guarantee.
(1) The presentation of services on the website does not constitute a binding offer but an invitation to submit an inquiry.
(2) The contract is concluded when the Customer accepts the Provider's individual offer in text form (e.g. digital signature, email) or by the Customer's payment.
(1) The prices stated in the individual offer or in the order confirmation at the time the contract is concluded shall apply.
(2) Unless otherwise agreed, the fee is payable in advance upon conclusion of the contract. The prices include the government fees (state fees) for the initial formation as stated in the scope of services.
(3) Any taxes and levies incurred by the Customer due to their personal circumstances shall be borne by the Customer.
(1) The Customer shall provide all information and documents required for the performance of the services completely, truthfully and in good time, in particular via the customer portal.
(2) The Provider is not responsible for delays or rejections resulting from incomplete or incorrect information provided by the Customer. Any additional effort resulting from this may be charged separately after prior notice.
(3) The Customer is obliged to fulfill, on their own responsibility, the legal obligations applicable to their setup (e.g. tax returns in their country of residence, U.S. compliance), unless these are expressly included in the scope of services.
Stated time frames (e.g. "LLC in 7-10 days", "ITIN in 8-14 weeks") are based on experience and are not binding deadlines. Only dates expressly agreed as binding are binding. Processing times of authorities, banks and card issuers are beyond the Provider's control.
If an ITIN application submitted by the Provider is rejected, the Provider will correct the application and resubmit it at no additional cost until the ITIN is issued. This requires the Customer's complete and truthful cooperation.
(1) By their nature, the Provider's services, in particular the formation and management of companies, business banking and building a business credit profile, serve commercial or independent professional purposes.
(2) By concluding the contract, the Customer expressly confirms that they obtain the services as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) or as a business founder in order to start or prepare a commercial or independent professional activity, and that they are not acting as a consumer. The Provider concludes contracts only on the basis of this confirmation.
(3) A statutory right of withdrawal exists only for consumers. Since the Provider's services are offered exclusively to entrepreneurs and business founders, and since, according to established case law, transactions made in preparation for founding a business are not consumer contracts either, there is no right of withdrawal.
(4) Should mandatory consumer protection law apply in an individual case contrary to the Customer's confirmation, the Customer's statutory rights shall remain unaffected.
(1) The Provider shall be liable without limitation for intent and gross negligence, as well as for damages arising from injury to life, body or health.
(2) In the event of simple negligence, the Provider shall only be liable for the breach of essential contractual obligations (obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely), limited to the foreseeable damage typical for this type of contract.
(3) The Provider shall not be liable for decisions of third parties (in particular banks, card issuers, authorities), for achieving specific credit limits or scores, or for tax or legal consequences of the setup for the Customer.
(1) We offer the ongoing management of the company (registered agent, business address, Annual Report) as a separate, optional service. Whether and to what extent you use it is agreed individually.
(2) If ongoing management is not continued through us, the Customer remains responsible for appointing a new registered agent and meeting the legal requirements of their state of formation, or for properly dissolving the company.
Information on the processing of personal data can be found in the Privacy Policy.
(1) The laws of the State of Florida, USA, shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the Customer is a consumer habitually resident in the European Union, the mandatory consumer protection provisions of the country of their habitual residence shall remain unaffected by this choice of law.
The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provision.