Texas SBA, Inc.
1712 E. Riverside Dr., #126
Austin, Texas, 78741, U.S.A.
(512) 692-4741, (switchboard)
(800) 295-5890, (fax)
membership@texassba.org
Www.texassba.org
Texas SBA, Inc., is a for-profit Texas corporation headquartered in the United States of America.
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Texas SBA, Inc. Certification(s) Contract
I Authorize the submission of this information for the purpose of Texas SBA, Inc.,
accepting my application for certification as a "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business". I further acknowledge that the
electronic submission of this information shall serve as my entry into
contract with Texas SBA, Inc., and their right to process payment for this transaction.
This Agreement ("Agreement") is by and between Texas SBA, Inc., ("Texas Small Business Association",)("Texas SBA",) of
Austin, Texas, United States of America, a for-profit Texas-corporation, and You, Your heirs, agents, successors and
assigns ("You"), and is made effective as of the date of electronic execution or the date of Texas SBA, Inc.,
processing payment for this Agreement, whichever has the earliest execution date. This Agreement sets
forth the terms and conditions of Texas SBA, Inc., certification as a "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business" and explains Texas SBA, Inc.'s,
obligations to You and Your obligations to Texas SBA, Inc., in relation to Texas SBA, Inc., certification
as a "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business".
You acknowledge that You have read, understand, and agree to be bound by all terms and conditions of this
Agreement and any other policies or agreements made part of this Agreement by reference,
as well as any new, different or additional terms, conditions or policies which
Texas SBA, Inc., may establish from time to time, and any agreements that Texas SBA, Inc., is
currently bound by or will be bound by in the future.
In addition to transactions entered into by You on Your behalf, You also agree to be
bound by the terms of this Agreement for transactions entered into on Your behalf by
anyone acting as Your Agent, and transactions entered into by anyone who uses the
account You've established with Texas SBA, Inc., whether or not the transactions were in
Your behalf. You acknowledge that Texas SBA, Inc.’s acceptance of any application made by
You for "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business" certification provided by Texas SBA, Inc.,
will take place at the discretion of Texas SBA, Inc. Texas SBA, Inc., may terminate this Agreement
and Your certification as a "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business" at
the discretion of Texas SBA, Inc., and not be held responsible to refund any portion or all of any
payment(s) made prior to the date of this Agreement being terminated.
1. TERM OF AGREEMENT; MODIFICATIONS.
You agree that Texas SBA, Inc., may modify this Agreement and the Services from time to time.
You agree to be bound by any changes Texas SBA, Inc., may reasonably make to this Agreement
when such changes are made. With this Agreement You are applying for Texas SBA, Inc., certification as a
"Woman-Owned Business", and / or "Minority-Owned Business", and / or "Veteran-Owned Business"
and access to Texas SBA, Inc., Software / website for the term of this Agreement which shall
continue in full force and effect until You or anyone acting as Your Agent, cancels Texas SBA, Inc.,
certification as a "Woman-Owned Business", and / or "Minority-Owned Business", and / or "Veteran-Owned Business"
or Software.
This Agreement shall continue in full force and effect and will be automatically
renewed every 12 months for the electronic submission of this Agreement and
with payment taken from the Payment Method You have on file with Texas SBA, Inc., at Texas SBA, Inc.'s
then current rates for Texas SBA, Inc., "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business" certification.
All cancelations of Texas SBA, Inc., "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business" certifications must be
in writing and sent via e-mail to membership@texassba.org.
In the event You terminate Your relationship with Texas SBA, Inc., no refund of any amounts You have
paid will be granted. You agree that any statement of a general nature, which may be posted on
Texas SBA, Inc., Web site or contained in Texas SBA, Inc., promotional materials, will not bind
Texas SBA, Inc. Texas SBA, Inc., may, at times, offer certain promotions with different charges
and features.
You agree that You will be responsible for notifying Texas SBA, Inc., should You desire to
terminate Your use of Texas SBA, Inc., "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business" certification. Notification of
Your intent to terminate must be provided to Texas SBA, Inc., 30 days prior to Your annual automatic renewal date
but no later than three days prior to Your annual automatic renewal billing date.
All cancelations of Texas SBA, Inc., "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business" certifications must be
in writing and sent via e-mail to membership@texassba.org.
Any controversy or claim arising out of or relating to this contract, or the breach thereof,
shall be settled by binding-arbitration administered by the American Arbitration Association
in accordance with its Commercial Arbitration Rules under the Claims Programs with all claims
being administered by "desk" arbitration, that only allows for document(s) submission(s,)
only and judgment on the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction.
2. ACCURATE INFORMATION.
You agree to maintain accurate information by providing updates to Texas SBA, Inc., as needed,
while You are certified as a "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business" by Texas SBA, Inc.
You agree You will
notify Texas SBA, Inc., within five (5) business days when any change of the information You provided as part of the
this electronic submission or the application for certification as a
"Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business" by Texas SBA, Inc.
Failure by You, for whatever reason, to respond within five (5) business days of any change
in the structure and / or ownership of the company for which You represent will constitute a material
breach of this Agreement enforceable by Texas SBA, Inc.
You agree that Texas SBA, Inc., may use and rely on any such information provided by You
for all purposes in connection with Your certification as a "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business" by Texas SBA, Inc. If You provide any information that is inaccurate, not current,
false, misleading or incomplete, or if Texas SBA, Inc., has reasonable grounds to suspect
that Your information is inaccurate, not current, false, misleading or incomplete,
Texas SBA, Inc., has the absolute right, in its sole discretion, to terminate its certification of your company
as a "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business" by Texas SBA, Inc., and terminate Your relationship with Texas SBA, Inc.
3. PRIVACY.
All companies certified by Texas SBA, Inc., as a "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business" will be public disclosed on the official website
of Texas SBA, Inc., www.texassba.org
You agree and consent that telephone conversations on wireline, landline, cellular, and / or electronic
mediums may be recorded for Texas SBA, Inc., for "quality control" measures without prior verbal notification
or the presence of a "beep tone."
4. ACCOUNT SECURITY.
You agree You are entirely responsible for maintaining the confidentiality of Your
member number/login, password, credit card number, bank account checking / savings account number,
member PIN, and Sensitive Company Data
(collectively, the "Sensitive Company Data"). You agree You are entirely responsible
for any and all activities that occur under Your account. You agree to notify
Texas SBA, Inc., immediately of any unauthorized use of Your account or any other breach of
security. You agree Texas SBA, Inc., will not be liable for any loss that You may incur as a
result of someone else using Your Sensitive Company Data, either with or without
Your knowledge. You further agree You could be held liable for losses incurred by
Texas SBA, Inc., or another party due to someone else using Your Sensitive Company Data.
For security purposes, You should keep Sensitive Company Data in a secure location
and take precautions to prevent others from gaining access to
Your Sensitive Company Data. You agree that You will be responsible for all activity
in Your account, whether initiated by You, or by others on Your behalf, or by any
other means. Texas SBA, Inc., specifically disclaims liability for any activity in Your
account, whether authorized by You or not.
5. NO UNLAWFUL CONDUCT OR IMPROPER USE.
Texas SBA, Inc., reserves the right at all times to disclose any information as Texas SBA, Inc.,
deems necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in
whole or in part, in Texas SBA, Inc.'s sole discretion.
Texas SBA, Inc., reserves the right to terminate this Agreement if Your usage of
Texas SBA, Inc., certification as a "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business", or Software
results in, or is the subject of, legal action or threatened legal action, against
Texas SBA, Inc., or any of its affiliates or partners, without consideration for whether
such legal action or threatened legal action is eventually determined to be with or
without merit.
6. INTELLECTUAL PROPERTY.
You agree that Texas SBA, Inc., holds all rights, title and interest in all Texas SBA, Inc., Services,
Software, Publicity and all intellectual property, including other
rights related to intangible
property, unless otherwise indicated. You acknowledge that no title or interest in
such Intellectual Property Rights.
You understand and agree that all content and materials contained in this Agreement,
other policies, the Texas SBA, Inc., Web site, and any affiliated Web sites, are protected
by the various copyright, patent, trademark, service mark and trade secret laws of
the United States of America, as well as any other applicable proprietary rights and laws, and
that Texas SBA, Inc., or its licensor expressly reserves its rights in and to all such
content and materials. You further understand and agree that You are prohibited
from using, in any manner whatsoever, any of the content or materials described
above without the express written permission of Texas SBA, Inc., or its licensor.
No license or right under any copyright, patent, trademark, service mark or other
proprietary right or license is granted to You or conferred upon You by this
Agreement or otherwise.
7. USE OF TEXAS SBA, Inc., SOFTWARE AND MEDIA.
If You have licensed software from Texas SBA, Inc., Texas SBA, Inc., grants You a limited,
non-exclusive, nontransferable and non-assignable license to use the software for
such purposes as are ordinary and customary.
You are authorized to integrate any plug-in or enhancement which uses or relies upon the
Software.
Texas SBA, Inc., reserves all rights to its Media (print, electronic, audio, visual, etcetera.)
The Media and any copies You are authorized to make are the intellectual property of Texas SBA, Inc.
Texas SBA, Inc., reserves all rights to the Software. The Software and any copies You
are authorized to make are the intellectual property of Texas SBA, Inc. The source code
and its organization are the exclusive property of Texas SBA, Inc., and the Software is
protected by copyright, including United States of America Copyright Law. Except as expressly
provided for in this section, this Agreement does not grant You any rights in the
Software or Media and all rights are reserved by Texas SBA, Inc.
Texas SBA, Inc., provides this Software “as is” without warranty of any kind either
express or implied, including but not limited to the implied warranties or conditions
of merchantability or fitness for a particular purpose.
8. FEES AND PAYMENT.
Only payment(s) processed by Texas SBA, Inc., of Austin, Texas, United States of America constitute valid
payment and are recognized by Texas SBA, Inc.
As consideration for Texas SBA, Inc., processing your application for Texas SBA, Inc., certification as a
"Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business",
You agree to pay Texas SBA, Inc., at the time You electronically
execute this Agreement or You agree to pay Texas SBA, Inc., in advance of this Agreement being electronically executed.
All fees are due immediately and are non-refundable, even if Your
application for certification by Texas SBA, Inc., as a "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business" is denied.
Texas SBA, Inc., expressly reserves the right to modify pricing through email notification
or on Texas SBA, Inc.'s, legal notices webpage or Texas SBA, Inc.'s
legal information page. Payment may be made by You by providing either a valid
credit card, a valid debit card, an ACH, online check, a personal check or PayPal.
Texas SBA, Inc., fees for Texas SBA, Inc., certification as a "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business" is renewable in the
twelth month from the electronic submission of this Agreement, or the date of payment processing
by Texas SBA, Inc., or whichever has the earliest date of execution. Texas SBA, Inc., fees
are automatically renewed annually and payment of fees will be taken from the Payment Method You have
on file with Texas SBA, Inc., at Texas SBA, Inc.'s then current rates. To cancel future Texas SBA, Inc.,
certification as a "Woman-Owned Business", and / or "Minority-Owned Business", and / or "Veteran-Owned Business",
You must express Your desire to cancel Texas SBA, Inc., certification as a
"Woman-Owned Business", and / or "Minority-Owned Business", and / or "Veteran-Owned Business"
in writing and send via e-mail to membership@texassba.org
30 days prior to the eligibility date of the renewal.
If for any reason Texas SBA, Inc., is unable to charge Your Payment Method on file for the full
amount owed Texas SBA, Inc., for Texas SBA, Inc., certification as a "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business" or if Texas SBA, Inc., is charged a penalty
for any fee it previously charged to Your Payment Method, You agree that Texas SBA, Inc., may pursue all available
remedies in order to obtain payment. If You pay by credit
card or debit card and if for any reason Texas SBA, Inc., is unable to charge Your credit card on file with the
full amount for the Texas SBA, Inc., certification as a "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business", or
if Texas SBA, Inc., is charged back for any fee
it previously charged to the credit card or debit card You provided, You agree that Texas SBA, Inc.,
may pursue all available remedies in order to obtain payment. You agree that among
the remedies Texas SBA, Inc., may pursue in order to effect payment, shall include but
will not be limited to, immediate cancellation without notice to You of
Texas SBA, Inc., certification as a "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business".
Texas SBA, Inc., reserves the right to charge a
reasonable administrative fee for administrative tasks outside the scope of its regular
Texas SBA, Inc., fee for Texas SBA, Inc., certification as a "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business" and pass along to You.
These charges will be billed to the Payment
Method Texas SBA, Inc., has on file for You. You may change Your Payment Method at any time by
notifying Texas SBA, Inc., at
membership@texassba.org.
While all payments are processed in US dollars, Texas SBA, Inc., may provide an estimated
conversion price to currencies other than US dollars. You acknowledge and agree that
the pricing displayed during the checkout process is an estimate. Due to potential
slight time delays between actual purchase and the payment settlement, the actual price
charged may fluctuate. Accordingly, Texas SBA, Inc., makes no representations or warranties
that the actual price will be the same or substantially similar to the actual price
You will pay and You waive any and all claims based upon any discrepancy between the
estimate and the actual price.
The clearing of payment through your fniancial institution or credit card statement shall serve as
additional confirmation, beyond the electronic submission of the Agreement, that You are
entering into this agreement, receipt, and You acknowledging this Agreement.
A. Chargebacks
Texas SBA, Inc., strongly discourages the use of chargebacks. If you believe your Account has been charged
in error, you must follow the following procedures no later than 3 days after you first discover
the Account was erroneously debited: (1) you must contact via email to membership@texassba.org.
The subject line of the email must state "Chargeback" and you must provide the
following information in the email: (a) your name, contact information, and company name in question,
(b) the date that the transaction took place, (c) the credit / debit card account number and expiration date
of the credit / debit card, and (d) the total amount charged to the Account. If you take any action to reverse
the charges with your credit card company, Texas SBA, Inc., reserves the right to take legal action
against you for damages.
Placing a chargeback with your credit / debit card company does not cancel this contract nor does it
relieve you of your obligations under this contract.
B. Payment By Check
By using Texas SBA, Inc.’s pay by check option (“Pay By Check”), You can fulfill payment for the application
to become certified by Texas SBA, Inc., as a "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business".
You agree to allow Texas SBA, Inc., to debit the full amount of
the transaction from Your checking or savings account, which is non-refundable. Texas SBA, Inc.,
will create an electronic funds transfer (EFT), or bank draft or Automated Clearing House (ACH), or bank draft
which will be presented to
Your bank or financial institution for payment from Your checking or savings account. The
check must be payable in U.S. dollars. Texas SBA, Inc., certifications as "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business" are elgible for automatic
renewal in the twelth month from the electronic submission of this Agreement, or the date of payment processing by Texas SBA, Inc., or whichever has the earliest date of execution,
an will be taken from the payment method on file with Texas SBA, Inc.
It is Your responsibility to keep Your checking account current, and to have available
funds in it. You agree that Texas SBA, Inc., will not be responsible for
payments that fail to go through as a result of Your checking account no longer existing,
or holding insufficient funds. If for any reason Texas SBA, Inc., is unable to withdraw
the full amount owed, You agree that Texas SBA, Inc., may pursue
all available remedies in order to obtain payment. You agree
that if the EFT, ACH, or bank draft is returned unpaid, You will pay a service charge of
$25.00 or the maximum amount allowed by law, which may be debited from Your account
using an EFT, ACH, or bank draft. You further agree that any charge back or the presentation to your
financial institution that the ACH, EFT, or bank draft presented upon the financial institution
as being an "unauthorized" or "fraudulent" transaction is void. You agree that Texas SBA, Inc., may
re-present the ACH, EFT, or bank draft to the financial institution and charge You a service charge of
$25.00 or the maximum amount allowed by law, which may be debited from Your account using an EFT, ACH, or bank
draft, for administrative fees.
C. Pay by PayPal
Using PayPal, Inc. (“PayPal”), You can fulfill payment of Texas SBA, Inc.'s fees for the application to become
certified by Texas SBA, Inc., as a "Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business". You agree to allow PayPal to debit the full amount of this
transaction from Your PayPal account balance or the Preferred Funding Source You established with PayPal, which is
non-refundable.
It is Your responsibility to keep Your PayPal Account current, and to have available
funds in it. You agree that PayPal and Texas SBA, Inc., will not be responsible for payments
that fail to go through as a result of Your Funding Source no longer existing, or
holding insufficient funds. If for any reason PayPal is unable to withdraw the
full amount owed for the Services provided, You agree that PayPal and Texas SBA, Inc., may
pursue all available remedies in order to obtain payment. You agree that if the
transaction is returned unpaid, You will pay a service charge of $25.00 or the
maximum amount allowed by law, which may be debited from Your account by PayPal or
charged to Your Preferred Funding Source.
9. REPRESENTATIONS AND WARRANTIES.
You, or the individuals who electronically execute this Agreement on behalf of You
hereby represent and warrant that they have the right, power, legal capacity and
appropriate authority to enter into this Agreement, and that they own and have not
transferred to any other person or entity any of the rights, claims or interests that
are the subject of this Agreement. You represent and warrant that You are 18 years
of age or older, or that You have an agent authorized by law to represent You who
is 18 years of age or older who is entering into this Agreement on Your behalf.
You warrant that each action You make is being done so in good faith and that You
have no knowledge of it infringing upon or conflicting with the legal rights of a
third party or a third party's trademark or trade name.
You, or the individuals who electronically execute this Agreement on behalf of You
warrant this agreement is effective upon this Agreement electronic execution or the
processing payment administered by Texas SBA, Inc., whichever has the earliest date of execution,
and that your receipt
of this agreement for Texas SBA, Inc., or the clearing of payment through your fniancial
institution or credit card statement shall serve as confirmation of You entering into this agreement.
11. CERTIFICATION APPLICATION, PROCEDURES, OWNERSHIP INTEREST REQUIREMENTS, & DOCUMENTATION REQUIREMENTS
APPLICATION
The electronic submission of this Agreement is Your application to become certified as a
"Woman Owned Business", and / or "Minority Owned Business", and / or "Veteran Owned Business" by
Texas SBA, Inc. Texas SBA, Inc., is not, has not, and will not make any guarantees or promises that your
company will become certified by Texas SBA, Inc., as a "Woman Owned Business", and / or "Minority Owned Business", and / or "Veteran Owned Business",
nor has Texas SBA, Inc., made any guarantees or promises that You and your company is eligible to become
certified by Texas SBA, Inc., as a "Woman Owned Business", and / or "Minority Owned Business", and / or "Veteran Owned Business".
You understand and agree that the electronic submission of this Agreement is the first-step in the evaluation
process of Texas SBA, Inc., to become certified by Texas SBA, Inc., as a "Woman Owned Business", and / or "Minority Owned Business", and / or "Veteran Owned Business".
PROCEDURES
Texas SBA, Inc., procedures for certification as a "Woman Owned Business", and / or "Minority Owned Business", and / or "Veteran Owned Business"
are (1) the electronic submission of this Agreement, (2) You submitting the required documentation as detailed
in the "DOCUMENTATION REQUIREMENTS FOR CERTIFICATION" Section of this Agreement, (3) the evaluation of
all submitted documents including this electronic submission, and (4) the subsequent approval or denial of the application
to become certified as a "Woman Owned Business", and / or "Minority Owned Business", and / or "Veteran Owned Business"
by Texas SBA, Inc.
OWNERSHIP INTEREST REQUIREMENTS
• Woman-Owned Business Certification
51% or more of the total ownership interest must be held by women or a woman as indicated on the company's
business license filing.
Gender is determined by the sex indicated on the government issued identification submitted in conjuction with this
electronic submission and application for certification by Texas SBA, Inc., as a "Woman Owned Business".
• Minority-Owned Business Certification
51% or more of the ownership interest in the company must be by a member of
a "Socially Disadvantaged Group", (ie. ethcnic minority.), as defined by the Small Business Act.
Eligible"Socially Disadvantage Groups" as defined by the Small Business Act are:
- Black Americans (African Descent).
- Hispanic Americans (persons with origins from Spanish or Portuguese
speaking countries).
- Native Americans; (American Indians, Eskimos, Aleuts, or Native Hawaiians).
- Asian Pacific Americans (persons with origins from Burma, Thailand,
Malaysia, Indonesia, Singapore, Brunei, Japan, China (including Hong Kong),
Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S.
Trust Territory of the Pacific Islands (Republic of Palau), Republic of the
Marshall Islands, Federated States of Micronesia, the Commonwealth of the
Northern Mariana Islands, Guam, Samoa, Macao, Fiji, Tonga, Kiribati, Tuvalu,
or Nauru).
- Subcontinent Asian Americans (persons with origins from India, Pakistan,
Bangladesh, Sri Lanka, Bhutan, the Maldives Islands or Nepal).
• Veteran-Owned Business Certification
51% or more of the total ownership interest must be held by current or former veterans or a veteran
as indicated on the company's business license filing.
Eligible U.S. Armed Forces are:
- Texas Army National Guard
- Texas Air National Guard
- Texas State Guard
- U.S. Army
- U.S. Navy
- U.S. Air Force
- U.S. Marines
- U.S. Coast Guard
- Disabled and Service-Disabled Veterans
Eligible U.S. Military Reserves are:
- Texas Army National Guard
- Texas Air National Guard
- Texas State Guard
- U.S. Army Reserve
- U.S. Navy Reserve
- U.S. Air Force Reserve
- U.S. Marines Corps Reserve
- U.S. Coast Guard Reserve
- U.S. Army National Guard of the United States
- U.S. Air National Guard of the United States
- Disabled and Service-Disabled Veterans
DOCUMENTATION REQUIREMENTS FOR CERTIFICATION
You understand and agree that additional documentation is required by You beyond this electronic submission
for Texas SBA, Inc, to evaluate and certify your company as a "Woman Owned Business", and / or "Minority Owned Business", and / or "Veteran Owned Business".
The listing below details what documents must be furnished by You for Texas SBA, Inc., to evaluate the certification application
for your company as a "Woman Owned Business", and / or "Minority Owned Business", and / or "Veteran Owned Business":
• Woman-Owned Business Certification
1. One (1) copy of government issued identification.
- A valid and current copy of your United States of America or Foreign- Government issued Passport, or
- United States of America Department of State issued Visa, or
- Driver's License issued from a state located within the United States of America.
2. One (1) copy of the business license filing.
- Sole Proprietorship: Business (DBA) License Filing from County Clerk.
- Corporations: Articles of Incorporation stating Directors
- LLC: Certificate of Formation stating Directors
- Limited Partnership: Certificate of Formation stating Directors
- Limiited Liability Partnerships: Certificate of Formation stating Directors
- General Partnership: Certificate of Formation stating Directors
*: Articles of Incorporation / Formation stating Directors may be obtained from the Secretary of State of the state the business entity was / is formed.
3. One (1) copy of the Texas SBA, Inc., signed and notarized sworn affadavit.
Submit all documentation (ie. Points 1 -4) to Texas SBA, Inc., at:
Fax: (800) 295-5890
or
Email: membership@texassba.org
• Minority-Owned Business Certification
1. One (1) copy of government issued identification.
- A valid and current copy of your United States of America or Foreign- Government issued Passport, or
- United States of America Department of State issued Visa, or
- Driver's License issued from a state located within the United States of America.
2. One (1) copy of the business license filing.
- Sole Proprietorship: Business (DBA) License Filing from County Clerk.
- Corporations: Articles of Incorporation stating Directors
- LLC: Certificate of Formation stating Directors
- Limited Partnership: Certificate of Formation stating Directors
- Limiited Liability Partnerships: Certificate of Formation stating Directors
- General Partnership: Certificate of Formation stating Directors
*: Articles of Incorporation / Formation stating Directors may be obtained from the Secretary of State of the state the business entity was / is formed.
3. One (1) copy of the Texas SBA, Inc., signed and notarized sworn affadavit.
Submit all documentation (ie. Points 1 -4) to Texas SBA, Inc., at:
Fax: (800) 295-5890
or
Email: membership@texassba.org
• Veteran-Owned Business Certification
1. One (1) copy of government issued identification.
- A valid and current copy of your United States of America or Foreign- Government issued Passport, or
- United States of America Department of State issued Visa, or
- Driver's License issued from a state located within the United States of America.
2. One (1) copy of the business license filing.
- Sole Proprietorship: Business (DBA) License Filing from County Clerk.
- Corporations: Articles of Incorporation stating Directors
- LLC: Certificate of Formation stating Directors
- Limited Partnership: Certificate of Formation stating Directors
- Limiited Liability Partnerships: Certificate of Formation stating Directors
- General Partnership: Certificate of Formation stating Directors
*: Articles of Incorporation / Formation stating Directors may be obtained from the Secretary of State of the state the business entity was / is formed.
3. One (1) copy of the Texas SBA, Inc., signed and notarized sworn affadavit.
4. One (1) copy of your Certificate of Release or Discharge from Active Duty.
Submit all documentation (ie. Points 1 -4) to Texas SBA, Inc., at:
Fax: (800) 295-5890
or
Email: membership@texassba.org
You understand and agree that failure to submit the required documentation for
application to become certified by Texas SBA, Inc., as a
"Woman Owned Business", and / or "Minority Owned Business", and / or "Veteran Owned Business" will delay
the evaluation process of the application and its aquisition and submission of the required documents is
not the responsibility of Texas SBA, Inc.
13. LIMITATION OF LIABILITY .
IN NO EVENT SHALL Texas SBA, Inc., BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF
PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF
CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED,
ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY
TO USE THE CERTIFICATION OR SOFTWARE OR PUBLICITY, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF
Texas SBA, iNC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Texas SBA, Inc.’s liability is limited to the total amount
paid by You for application to become a certified by Texas SBA, Inc. as a "Woman-Owned Business",
and / or "Minority-Owned Business", and / or "Veteran-Owned Business".
This Agreement by You with Texas SBA, Inc. is enforced with binding-arbitration administered by the
American Arbitration Association
in accordance with its Commercial Arbitration Rules under the Claims Programs with all claims
being administered by "desk" arbitration, that only allows for document(s) submission(s,)
only and judgment on the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction.
14. DISCLAIMER OF WARRANTIES .
Texas SBA, Inc., expressly disclaims all warranties and guarantees of any kind, whether express or implied,
including, but not limited to, the implied warranties of merchantability, fitness for
a particular purpose, non-infringement, and guarantees or assurities that certification by Texas SBA, Inc.,
as a "Woman-Owned Business", and / or "Minority-Owned Business", and / or "Veteran-Owned Business".
Texas SBA, Inc., makes no warranty that its certification as a "Woman-Owned Business",
and / or "Minority-Owned Business", and / or "Veteran-Owned Business" will meet or produce the award of any
additional customer, business loan, business contract, business grant, or anything beneficial.
Any controversy or claim arising out of or relating to this contract, or the breach thereof,
shall be settled by binding-arbitration administered by the American Arbitration Association
in accordance with its Commercial Arbitration Rules under the Claims Programs with all claims
being administered by "desk" arbitration, that only allows for document(s) submission(s,)
only and judgment on the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction.
15. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless Texas SBA, Inc., and its contractors, agents,
employees, officers, directors, shareholders, and affiliates from any loss, liability,
damages or expense, including reasonable attorneys' fees, resulting from any third
party claim, action, proceeding or demand related to Your (including Your agents
affiliates, or anyone using Your account,) for Texas SBA, Inc., government contract and grants consulting services
or software with Texas SBA, Inc., whether
or not on Your behalf, and whether or not with Your permission) use of the Texas SBA, Inc., government contract and grants consulting services
or software You purchased from Texas SBA, Inc., or Your breach of this Agreement or
incorporated agreements and policies. In addition, You agree to indemnify and hold
Texas SBA, Inc., harmless from any loss, liability, damages or expense, including reasonable
attorneys' fees, arising out of any breach of any representation or warranty provided
herein, any negligence or willful misconduct by You, or any allegation that Your
account infringes a third person's copyright, trademark or proprietary or intellectual
property right, or misappropriates a third person's trade secrets. This
indemnification is in addition to any indemnification required of You elsewhere.
Should Texas SBA, Inc., be notified of a pending law suit, or receive notice of the filing of a law suit, Texas SBA, Inc.,
may seek a written confirmation from You concerning Your obligation to indemnify Texas SBA, Inc.
Your failure to provide such a confirmation may be considered a breach of this agreement.
You agree that Texas SBA, Inc., shall have the right to participate in the defense of any such claim
through counsel of its own choosing. You agree to notify Texas SBA, Inc., of any such claim promptly in writing and
to allow Texas SBA, Inc., to control the proceedings. You agree to cooperate fully with
Texas SBA, Inc., during such proceedings.
You agree to cooperate fully with Texas SBA, Inc., during such proceedings. You agree You will
not be entitled to a refund of any fees paid to Texas SBA, Inc., if, for any reason,
Texas SBA, Inc., takes corrective action with respect to Your improper or illegal use of its s
government grants and contracts consulting services and software.
16. DISPUTE RESOLUTION.
Any controversy or claim arising out of or relating to this contract, or the breach thereof,
shall be settled by binding-arbitration administered by the American Arbitration Association
in accordance with its Commercial Arbitration Rules under the Claims Programs with all claims
being administered by "desk" arbitration, that only allows for document(s) submission(s,)
only and judgment on the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction.
17. NOTICES.
You agree that all notices may be posted on Texas SBA, Inc.'s, legal notices webpage
or Texas SBA, Inc.'s legal information webpage (except for notices concerning breach of this Agreement)
from Texas SBA, Inc. Notices concerning breach may be sent to the email address, mailing address, physical
address You have on file with Texas SBA, Inc., or resident agent.
Notices from You to Texas SBA, Inc., shall and must be sent by email to
membership@texassba.org.
18. HEADINGS.
The headings in the Agreement are descriptive only and in the event of a conflict
between a heading and the underlying terms of this Agreement, the terms of this
Agreement shall control.
19. ENTIRE AGREEMENT.
You agree that this Agreement including the policies and agreements it refers to
(i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement
between You and Texas SBA, Inc., regarding the Texas SBA, Inc., certification application as a
"Woman-Owned Business", and / or
"Minority-Owned Business", and / or "Veteran-Owned Business".
20. SEVERABILITY.
You agree that the terms of this Agreement are severable. If any part of this Agreement
is determined to be unenforceable or invalid, that part of the agreement will be
interpreted in accordance with the Commercial Arbitration Rules under the Claims Programs
administered by the American Arbitration Association with all claims
being administered by "desk" arbitration, that only allows for document(s) submission(s,)
only and judgment on the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction.applicable law as closely as possible, in line with the
original intention of both parties to the Agreement. The remaining terms and conditions
of the Agreement will remain in full force and effect.
21. WAIVER.
The failure of Texas SBA, Inc., to enforce any of the provisions within this Agreement or
its incorporated agreements and policies against You or others shall not be construed
to be a waiver of the right of Texas SBA, Inc., thereafter to enforce such provisions.
22. FORCE MAJEURE.
Texas SBA, Inc., will make every effort to keep its Web site www.texassba.org,
email account membership@texassba.org
operational. However, certain difficulties may occur and result in service interruptions. You agree not to hold
Texas SBA, Inc., liable for any of the consequences of such interruptions.
23. SURVIVAL.
Sections 1, 7, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 shall survive any
termination or cancellation of this Agreement.
24. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is intended to confer upon any third
party any rights, remedies, obligations, or liabilities under or by reason of this
Agreement, except as expressly provided in this Agreement.
http://texassba.org/legal/certificationcontract.html
Copyright © 2003 - 2010 All Rights Reserved.
Last Updated: January 19, 2010.
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