NORTHDREAMER TERMS AND CONDITIONS
This document constitutes a binding contract. If you do not agree to the provisions of the contract, stop using and benefiting from our services immediately.
1. Parties.
NORTHDREAMER and its services (‘’Web Site’’ or the ‘’Services’’) are maintained by NORTHDREAMER LLC (‘’NORTHDREAMER’’) and provided to you (‘’User’’ or the ‘’Client’’) conditionally with your acceptance of the terms, conditions and provisions contained herein (‘’Contract’’ or ‘’Terms and Conditions’’)
2. Acceptance of Terms.
2.1. The User shall be deemed to have accepted these Terms and Conditions by i) logging in to the www.us-tax-id.com, (‘’Web Site’’), ii) using the services and facilities of this Website, or iii) checking or clicking on the options provided by NORTHDREAMER enabling the User to confirm this Agreement.
2.2. User may not use the Service and may not accept this Terms and Conditions if i) User has previously been informed by NORTHDREAMER that it no longer wishes to make the Services available to User, or ii) User is a person barred from using the Services under applicable law, or iii) User is not an Authorized User.
3. Intellectual Property.
3.1 The design, software, domain name of the NORTHDREAMER Platforms and all kinds of brand icons, ribbon structures, 3D animations, special graphics, drawings, maps, models, emblems, written text, visual and audio recordings, patterns, designs, background images, logos, slogans, mottoes, trade dress and marketing strategies and all other content created by the NORTHDREAMER in relation to them are the property of the NORTHDREAMER with all kinds of intellectual property rights. The software used by the NORTHDREAMER on the Website is licensed software and the NORTHDREAMER has the right to use it. The User may not; i) publish, exhibit, share, reproduce, copy, duplicate, replicate, operate, store; ii) recompile, reverse compile, reverse engineering; iii) sell, offer for sale, lease, transfer the usufruct right, transfer the right of use, sub-license or re-license any written, visual or audio documents placed on the Website or any document belonging to the NORTHDREAMER without the written consent of the NORTHDREAMER. In the presence of the aforementioned cases, the NORTHDREAMER reserves the right to charge a reasonable license fee. Non-confidentiality agreement provisions are reserved.
3.2 The User may not use, distribute, modify, change, destroy, derive, imitate, mimic, alter, counterfeit, or use the intellectual and digital works of the NORTHDREAMER or its affiliated companies without the permission of the NORTHDREAMER, or carry out malicious, damaging works or activities that violate the intellectual property rights and moral and copyright rights of the NORTHDREAMER.
3.3 In the event that the User acts in a way that violates the intellectual property rights of third parties or the NORTHDREAMER, the User is obliged to indemnify the NORTHDREAMER and/or the third party in question for all direct and indirect damages and expenses. In the event that the NORTHDREAMER is obliged to make payments to third parties, the User accepts, declares and undertakes that the NORTHDREAMER will cover all damages and losses in advance, in cash and in advance at the first request and notification of the NORTHDREAMER, and that User is fully-recourse responsible.
3.4 The User accepts and declares that he/she will not abuse the services contained in the programs and systems on the NORTHDREAMER Website or sub-domains and will not engage in any behavior that violates the rights of other users using this system or causes damage. User accepts and declares that he / she is fully responsible for all damages that the NORTHDREAMER or the relevant user will suffer as a result of harmful use, regardless of fault. In case of harmful use, the NORTHDREAMER reserves the right to suspend the User from the Website services and facilities, and to bar its use for a period of time or indefinitely at its sole discretion.
4. Refund and Cancellation Policy.
4.1. The Client is aware that the EIN application process will take at least 4 weeks and the ITIN application process will take at least 12 weeks. The Client acknowledges that this Application process will be accelerated by factors such as the absence of interruptions and disruptions in the delivery of the information, documents, papers, files, drafts and records with signatures within the scope of the Application to NORTHDREAMER and the absence of communication breakdowns. The Client, on the other hand, is aware that it may be prolonged and interrupted due to Force Majeure, unexpected events or the intensity of the tax authorities, coinciding with public holidays or fiscal vacations, etc.
4.2. For EIN and ITIN applications, the Client acknowledges and declares that he/she is aware that he/she may receive a refund of 90% of the Service Fee provided at the beginning of the contract until the moment the Application is transmitted by NORTHDREAMER to the tax authorities in tangible or intangible environment, in which case NORTHDREAMER will discount and redeem 10% of the Service Fee, and that the refund request must be made in writing before the notification methods specified in the Terms of Use agreement and legal notification methods.
4.3. The Client irrevocably agrees and declares that from the moment the EIN application is submitted to the tax authorities or competent authorities in tangible or intangible environment, the Client shall not be entitled to any refund of the Service Fee in the event that the Agreement is terminated, invalidated, null and void, annulled, canceled or ceased for any reason whatsoever.
4.4. The Client irrevocably agrees and acknowledges that in the event of a negative outcome of the EIN application, regardless of whether NORTHDREAMER provided the service defectively or acted negligently, NORTHDREAMER shall i) to refund the half of the Service Fee without exchange rate difference or interest in 30 (thirty) days; or ii) to repeat the EIN application without any further payment demands. Client acknowledges and agrees in advance that Client shall not object to NORTHDREAMER’s exercise of any of its optional rights.
4.5. The Client agrees, declares and undertakes that in the event that the EIN application is not finalized within the period promised to the Client by NORTHDREAMER, the application will be repeated at no cost, in which case the right to request a refund does not exist.
4.6. The Client irrevocably agrees, declares and undertakes that from the moment the ITIN application is transmitted to the tax authorities or competent authorities in tangible or intangible environment, he/she shall not be entitled to any refund whatsoever and that no refund shall be made to him/her in the event that he/she terminates the Agreement or the Agreement is ceased, null or void for any reason whatsoever.
4.7. The Client irrevocably agrees, declares and undertakes that no refund shall be made in case of rejection of the ITIN application. In cases where the ITIN application is rejected due to the gross negligence of NORTHDREAMER, NORTHDREAMER shall refund the Service Fee in full in 30 (thirty days). As soon as the Service Fee has been refunded in full, all other claims for indemnification of damages, penalties and any interest receivable by the Client shall be discharged.
4.8. Even if the Agreement is rightfully terminated by the Client, the Client shall not be entitled to a refund in any case, i) if it is determined that the application documents are incomplete, unsigned, forged or consist of false or untrue documents, ii) in contracts where NORTHDREAMER has not received the Service Fee in full or has started to perform in advance.
5. Non-confidentality Clause.
5.1. Confidential Information belonging to the other Party and/or third natural or legal persons with whom the other Party has a commercial or personal relationship and the other Party’s partnerships or partnerships to which the other Party is affiliated, which any of the Parties will provide to the other Party or which the Parties will provide in any way before or after the signing of this Agreement, is defined below:
5.2. This Confidentiality Agreement comprises of all kinds of customer information, company information, business conduct-models, Parties’ product information, financial information, supplier information, warehouse and stock information, Parties’ service descriptions, infrastructure information, ideas, discoveries, inventions, business techniques (know-how), drafts, photos, plans, financial models, business plans, proposals, pricing techniques, financial analysis reports, contract contents, labor information, third party lists/customer portfolio, special price agreements, specifications, formulas, models, objectives, standards, trade secrets, drawings, samples, devices, computer programs, sample demonstrations (demos), technical information, intellectual and industrial property rights, company partnership information, all and any information and documents belonging to third real or legal persons with whom the Parties have a commercial relationship or subscription relationship, the Parties’ partnerships or partnerships to which the Parties are affiliated, and all written or verbal information and documents belonging to any of the Parties, including but not limited to those listed herein, All written, verbal, electronic information and documents, including but not limited to all kinds of discussions, negotiations, meetings, etc. between the Parties in relation to the Service.
5.3. The Party to whom Confidential Information has been provided or who has otherwise obtained Confidential Information acknowledges that such Confidential Information and all rights, including intellectual property rights, in and to the Confidential Information are fully and absolutely owned by the other Party.
5.4. Each Party shall be liable to indemnify the other Party for any and all positive and negative damages and losses that may be incurred by the other Party in the event that either Party fails to perform any of its obligations under this Agreement, in particular with respect to the disclosure of Confidential Information obtained pursuant to this Agreement. In addition;
i) In the event that it is discovered that such information has been disclosed or used, it shall endeavor to prevent further disclosure and use of the information.
ii) The Party in breach of the confidentiality obligation shall immediately notify the other Party of the circumstances of such a breach and shall implement any corrective measures requested by the other Party.
5.5. The Parties shall treat each other’s Confidential Information under the Agreement with at least as much care as they use to protect their own equally confidential information.
5.6. The Party receiving the Confidential Information shall communicate Confidential Information to be used for the performance of the Service only to its authorized personnel who need it for the performance of the Service (“on a need-to-know basis”) by placing notes and phrases warning of the level of confidentiality such as “top secret”, “confidential”, “proprietary”. The Party receiving the Confidential Information shall ensure that its personnel comply with the confidentiality obligations set forth in this Agreement and, to this end, shall sign confidentiality agreements with its personnel in accordance with the terms of this Agreement and provide a copy of such agreements to the other Party and shall exercise the utmost care and diligence expected of a prudent trader to avoid breach of this confidentiality obligation.
5.7. The Party receiving the Confidential Information shall not copy the Confidential Information without the other Party’s prior written consent, except for the purposes of the Service and for its own internal use only, shall not reproduce, disclose to any third real or legal person, the public and non-Service related personnel for any reason whatsoever, or engage in any behavior that would result in such disclosure. Exceptions to the obligation not to disclose Confidential Information are the cases where the Confidential Information is already known by the public and the competent authorities request Confidential Information within the framework of the law.
5.8. Information contained in other contracts and contract annexes other than those agreed in this contract cannot be considered as Confidential Information unless otherwise understood or otherwise explicitly or implicitly stated by the NORTHDREAMER.
5.9. Even if Confidential Information has been disclosed, in whole or in part, to third natural or legal persons in violation of the provisions of this Agreement, the Parties’ confidentiality obligation regarding the undisclosed portion shall remain the same. Such breach of this Agreement shall in no way justify the disclosure of the remainder of the Confidential Information.
5.10. The Party receiving the Confidential Information shall not use the Confidential Information in any way other than for the performance of the Work and shall not enter into a service or commercial relationship, compete or harm the interests of the other Party with third natural or legal persons with whom the other Party cooperates and/or competes in the market, whether commercial or non-commercial, by using such Confidential Information directly or indirectly.
5.11. No provision in this Agreement shall be construed as granting, expressly or impliedly, any license/right of use to any designs, patterns, patents, or any copyright or trademark or trade secret on any software, computer program, etc., or any works of authorship or trademark or trade secret specified in a validly executed services supply contract with the third parties. In the event that the Parties act contrary to the provisions in the contract or if a dispute arises in this regard, the party whose rights arising from the law and intellectual property rights are violated may terminate the contract at any time and without giving a reason.
5.12. Each Party shall, upon expiration or termination of this Agreement, return to the other Party all Confidential Information, documents and materials provided to it by the other Party, without written or oral request and without obtaining additional copies for itself, no later than 30 days from the date of expiration or termination of the Agreement.
5.13. Each Party shall be liable to indemnify the other Party without any notice for any and all damages arising out of this Agreement incurred or to be incurred by the other Party in the event of any breach by it or its personnel of the obligations set forth in this Agreement.
5.14. All indemnification, termination, granting and withdrawal of express or practiced consent regarding the processing of personal data, claims, notifications, sanctions to be subject to, etc., which are stipulated in the inseparable annexes of this clause, are reserved. Inseperable annexes of this clause are the Terms of Use Agreement and the Privacy Policy.
6. Harmful Use.
6.1. The User may not put up for sale any Service element provided by NORTHDREAMER with its own marketing strategies and sales techniques or promote NORTHDREAMER as a service supplier, make promises, commitments or guarantees to third real and legal persons on behalf of NORTHDREAMER. The User knows and accepts that NORTHDREAMER has no consent in any way in all the works, transactions and actions it performs on behalf of NORTHDREAMER.
6.2. The User may not carry out studies and activities that defame, stigmatize or target NORTHDREAMER and put it in the focus of the public, and may not take initiatives.
6.3. The User may not use the Website services in any way in a i)detrimental manner, ii)violate the rights of third parties and other Users, iii)cause damage and loss. Otherwise, he/she shall be solely and exclusively responsible from the consequences thereof.
6.4. The User may not change, disassemble, decompose, disrupt the order of any layout and positioning in the Website panels and interfaces, pages, software and program blocks.
6.5. The User may not use malicious applications such as data mining, tracking applications, crawlers, trackers on the Website, and may not enter the Website with proxy applications that jeopardize software security and the storage of personal data. User cannot attempt to brute-force the administration panel login information, cannot engage in activities that violate the software security of the Website, cannot attempt to disrupt, slow down or lock, disable Website services such as time bomb, mouse trapping.
6.6. The User may not make attempts such as insults, threats, disturbing the peace and tranquility of the person, sexual harassment, obscene gestures or incitement and encouragement to commit crimes, organizational propaganda, targeting about NORTHDREAMER or other Users or third parties.
6.7. The User may not integrate any information and documents that are sexual, violent and atrocious, damaging, endangering software security, or that are not related to NORTHDREAMER’s Application services into the forms and programs that enable the transmission of documents on the NORTHDREAMER Website.
6.8. The User accepts and declares that he/she is aware that there may be banners, posters, displays, headers, and other advertising elements (”Advertisement”) on the Website, where real and legal persons conducting advertising and promotion and sponsorship or campaign activities can be found. The User accepts and declares that he/she assumes full responsibility for benefiting from these advertisements and using the advertising elements, in return, he/she accepts and declares that he/she will not violate the right to engage in advertising and promotional activities of any real and legal person on the Website and any real and legal person with whom NORTHDREAMER has an agreement.
6.9. The User accepts and declares that NORTHDREAMER or NORTHDREAMER may also make agreements with third party legal entities in the same sector that perform the application activities carried out by NORTHDREAMER, and that it is obliged to bear all damages and losses arising from communication breakdown, delay and failure to act together. The User accepts and declares that in any case, he/she will not disclose the interests and rights of NORTHDREAMER to third party companies, will not violate and defend these interests and rights in any way whatsoever.
6.10. If the User using the Website is a legal entity, it is jointly and severally liable for the damages caused to NORTHDREAMER by its employees, officers, performance assistants, independent contractors due to misuse or harmful use of the Website.
7. Terms of Service.
7.1. Before creating any order or paying any Service Fee, the Client may transmit to NORTHDREAMER all kinds of written, visual and audio content and materials, including relevant application forms and information, documents, files, records, drafts and pages. NORTHDREAMER cannot be forced to accept the User’s offer in any case and under any circumstances. NORTHDREAMER’s silence in the face of the information, documents and records transmitted, shall not mean that NORTHDREAMER accepts this offer.
7.2. The User, who shares, publishes or transmits the application form to NORTHDREAMER in tangible or intangible media as mentioned in Article 7.1, accepts and declares that he/she grants NORTHDREAMER a non-exclusive, irrevocable, worldwide license right on the information, documents, records, records, drafts, pages, other written, visual or audio content and material contained in this application form.
7.3. In the absence of a written acceptance by NORTHDREAMER, the Agreement shall be deemed to have been concluded if NORTHDREAMER has made the Application. In this case, the Client is obliged to pay the Service Fee immediately, in cash and in lump sum, without NORTHDREAMER’s demand.
7.4. NORTHDREAMER’s request for additional information and documents from the User in the event of the situation listed in Article 7.1 shall not mean that NORTHDREAMER accepts the Agreement. NORTHDREAMER’s request for the submission of additional information and documents shall be interpreted solely and exclusively as the provision of a free preliminary review service of the documents whether they are appropriate for the Application.
7.5. NORTHDREAMER does not give any guarantee and commitment that the Website facilities and services will be provided in an uninterrupted, non-stop, precise manner, or at the service level that will meet the expectations of the User. The initiation of NORTHDREAMER to fulfill its obligations and perform its service upon the order created shall not mean that NORTHDREAMER guarantees that the services and facilities of the Website will operate uninterruptedly, continuously, absolutely and at a certain level of service.
8. Evidential Contract.
8.1. The parties agree that NORTHDREAMER’s commercial book records and microfilm, microfiche, computer and electronic records, log, signal, traffic, IP backbone and data records, e-mail message records and all notices, announcements and declaration texts, interviews, conversations, speeches, speech recordings, video, telephone and voice recordings, payment records, payment data, fax message outputs produced by NORTHDREAMER’s fax devices will constitute conclusive and exclusive evidence in all disputes between the parties.
8.2. The User may object to this document or information within 7 (seven) days after the above-mentioned information and documents agreed within the evidential contract are shared by NORTHDREAMER and the notification of this to the User. In this respect, all accounts, records, summaries, books, invoices, receipts and all data, information and documents contained in this Terms and Conditions Agreement, Terms and Use and Privacy Policy shall be shared with the relevant company upon request or access to these documents shall be allowed.
8.3. The objection shall be concluded as a result of the investigation to be carried out by the expert to be appointed under the roof of the third independent audit firm under a contract that NORTHDREAMER will make with a third independent audit company and the User will be responsible for its expenses. The Parties may object to this expert report again within 3 (three) days. In this case, the document in question shall be submitted to the expert commission, which is located in the same or different company and includes at least three people, for examination-audit-research together with the first expert report, and the expert commission shall also decide this objection. The user cannot prove the claims and cases in their case with any evidence other than this second expert commission in the case of any dispute arising from the contract. In the event that a lawsuit is filed against the second expert commission report and the illegality of the second expert commission report is determined, the general rules of proof shall apply in the relevant case.
9. Data Protection.
9.1. Reasons of lawfulness, proportionality and legitimate interests of NORTHDREAMER shall be considered in the Processing of Personal Data. The conditions and provisions arising from the Privacy Policy are reserved.
10. Final Clauses.
10.1. In case any provision in this Terms and Conditions shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
11. Execution of the Contract.
The Terms and Conditions Agreement shall be deemed to be established and enter into force between parties at the same time as the User expressly accepts this Agreement or is deemed to have accepted it in accordance with the clauses set out in the Agreement (e.g. viewing the Services, using the Services, creating an order, etc.).