Terms and Conditions
These terms govern your use of hnmcompliance.com, the client portal and the services provided by H New Media, LLC, doing business as HNM Compliance ("HNM Compliance," "we," "us"). By requesting a quote, engaging us for a service, creating a portal account or using the website, you agree to these terms on behalf of yourself and the business you represent. If you do not agree, do not use the services.
These are nonlegal services. HNM Compliance is a nonlegal compliance filing service of H New Media, LLC, the company that also operates the law firm H New Media Law International. HNM Compliance does not give legal or tax advice. Buying these services does not make H New Media Law International your lawyer for any legal matter, and you should not assume that what you share with HNM Compliance is protected by the attorney and client privilege. Legal services are available only under a separate written engagement letter, from H New Media Law International or any lawyer you choose.
Our services
Depending on the services you engage us for, we may:
- Prepare a footprint review identifying the types of state and federal filings your product lines and business activities typically trigger in the states you select.
- Prepare, submit and track state tobacco and vapor product licenses and renewals, excise tax returns, PACT Act registrations and reports, product listings and directory certifications, and similar filings.
- Maintain a deadline calendar, send reminders and provide a client portal for approvals and document exchange.
The filing profile and state information on our website are general and informational. They describe the kinds of filings that products like yours typically trigger, not the requirements that apply to your business. We confirm requirements state by state before scheduling any filing. The website, the profile builder and our reminders are not legal advice.
We do not decide whether a law applies to you, interpret regulations for you, represent you before any agency or in any dispute, or guarantee how an agency will treat a filing. If you need that kind of help, consult a lawyer or tax professional.
Your responsibilities
- Accurate and complete information. You are responsible for the accuracy and completeness of everything you give us, including sales, shipment and product data. We rely on it without independent verification.
- Timely information. Unless we agree otherwise in writing, you must provide the information we request for a filing at least five business days before its due date.
- Review and approval. We send each prepared filing to you for approval. You must review it and approve it, or tell us what to change, by the date we request. Your approval confirms that the filing is accurate and that we may submit it.
- Government charges. You are responsible for all taxes, license and permit fees, bond premiums, listing fees, penalties and interest owed to any agency, whether you pay them directly or we pay them on your behalf and invoice you at cost.
- Changes in your business. You must tell us promptly about new product lines, new states, changes in ownership or address, and any notice you receive from an agency about a filing we handle.
- Your compliance. Your business remains responsible for complying with the laws that apply to it, including any obligations outside the filings you engage us to handle.
Authorization
You authorize us to prepare and submit the filings you approve, to communicate with agencies about them, and to use agency portals on your behalf where the agency permits. Where an agency requires your signature, a power of attorney or a user account in your name, you agree to provide it or to submit the filing yourself.
Fees, billing and renewal
- Fees are as stated in your written quote or signed service order. We do not publish a price list; every fee is confirmed to you in writing before the work it covers begins.
- A quote is an offer to provide the services it describes at the fees it states. Unless it says otherwise, a quote remains open for 30 days from the date we send it. Requesting a quote does not create an obligation for either of us. Services begin only when you accept the quote in writing or sign a service order, and any services you add later are confirmed the same way.
- Quotes are based on the information you give us about your business, products, states and volume. If that information turns out to be materially different, or the services you need change, we will send you a revised quote before doing the additional work.
- Recurring services are billed in advance, monthly or annually as stated in your quote, and renew automatically until cancelled. Invoices are issued through Stripe. If you keep a payment method on file, you authorize Stripe to charge it for each renewal. One-time services are invoiced when the work is done unless your quote says otherwise.
- We may change our fees with at least 30 days' notice by email or in the portal. The new fees apply from your next billing period after the notice period ends.
- If a payment fails, we will notify you. We may pause work, including filings not yet submitted, until payment is received. We are not responsible for late filings or penalties that result from a pause caused by nonpayment.
- Fees do not include the government charges described above.
Cancellation and refunds
- Recurring services: you may cancel at any time in the billing portal or by writing to us. Cancellation takes effect at the end of the current billing period. We do not refund partial months. We will complete filings due within the current period if you have provided the information we need.
- Footprint review: refundable in full if you cancel before we begin work. Once work has begun, it is not refundable.
- Government charges we have paid on your behalf are not refundable by us.
Portal accounts
You are responsible for everyone you give portal access to and for keeping sign-in links and credentials secure. Tell us promptly if you believe an account has been used without permission. We may suspend access to protect the security of the portal or other clients.
Confidentiality and your data
We treat the business information and documents you give us as confidential and use them only to provide the services, to run our business as described in our Privacy Policy, and as required by law. Filings submitted to agencies may become public under the agency's own rules. You keep ownership of your information and documents and give us permission to use them to provide the services. You may download your documents from the portal at any time while your account is open.
No guarantee of outcomes
We will perform the services with reasonable care. We do not guarantee that any agency will accept, approve or process a filing by a particular date, that a product will be listed in any directory, or that the requirements for a state will not change.
Responsibility for penalties
We are not responsible for penalties, interest or other consequences caused by information that was late, inaccurate or incomplete, by a delay in your approval, by agency errors or system outages, or by changes in law.
Penalty protection
If a state or federal agency assesses a late-filing penalty or interest on a filing we handle for you, and the late filing resulted solely from our error, we will reimburse that penalty and interest. This applies only if:
- you delivered the information we requested, and approved the filing, by the dates we asked;
- your account was paid and in good standing when the filing was due; and
- you send us the agency notice within 30 days of receiving it, so we can seek abatement first.
Reimbursement does not cover the underlying tax, fee or bond, and is limited to the fees you paid us for that state during the twelve months before the penalty was assessed. It is your only remedy, and our only obligation, for late-filing penalties.
Disclaimer and limitation of liability
Except as stated in these terms, the services and website are provided as is, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.
To the fullest extent the law allows, our total liability for any claim arising from the services or these terms is limited to the fees you paid us in the twelve months before the claim arose. We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost sales or loss of business, even if we were told they were possible.
Indemnity
You agree to indemnify and hold us harmless from claims, penalties and costs, including reasonable attorneys' fees, arising from information you provided, filings you approved, your products or your business's failure to comply with the law.
Ending service
Either of us may end the services by written notice. We may end them immediately if you fail to pay, give us false information, or ask us to submit a filing we believe is inaccurate or unlawful. When service ends, we have no further obligation to prepare or submit filings, including filings with due dates after the end date. The sections on fees owed, confidentiality, limitation of liability, indemnity and disputes continue to apply.
Governing law and disputes
These terms are governed by the laws of the State of Florida, without regard to conflict of law rules. Any dispute will be brought in the state or federal courts located in Miami-Dade County, Florida, and you and we consent to their jurisdiction. Either of us may bring a claim in small claims court if it qualifies.
Other terms
- We may update these terms by posting the new version on this page and updating the effective date. If a change is significant, we will give clients at least 30 days' notice by email or in the portal. Continuing to use the services after the change takes effect means you accept it.
- These terms, your accepted quote or signed service order, and our Privacy Policy are the entire agreement between us about the services. If your accepted quote or signed service order conflicts with these terms, the quote or service order controls for the services it covers. If any part is found unenforceable, the rest remains in effect.
- You may not assign these terms without our written consent. We may assign them to a successor to our business.
- Neither of us is responsible for delays caused by events beyond our reasonable control, including agency system outages.
- Notices to you may be sent to the email on your account. Notices to us must be sent to support@hnmcompliance.com.
Contact us
H New Media, LLC, doing business as HNM Compliance
One Alhambra Plaza, Floor PH
Coral Gables, Florida 33134
Email: support@hnmcompliance.com
Phone: (645) 207-7465