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Florida SBA™, Inc. (Florida SBA™) provides voluntary certification to businesses qualifying for its
Woman Owned Business Certification, Veteran Owned Business Certification, Minority Owned Business Certification, Family Owned Business Certification,
Hispanic Owned Business Certification and/or Small Business Owner Certification programs (collectively, "Business Certification"), according to the
qualifications adopted by Florida SBA™
and set forth in these Terms and Conditions ("Agreement" or "Contract").
As an applicant for Business Certification, you, the applicant, on behalf of yourself as well as your company, heirs, agents, successors, and
assigns, ("participant(s)") acknowledge that you have read, understand, and agree to be bound by all terms and conditions set forth in this
Agreement and included by reference.
By submitting an application for Business Certification to Florida SBA™, you authorize the disclosure of the
required documentation listed herein and agree to abide by all terms and conditions of this Agreement, as well as any agreements that
Florida SBA™ is currently bound by or will be bound by in the future. You acknowledge that this Agreement is legally
binding under the laws of the United States of America and upon submission you have entered into a legally enforceable
Contract ("click through contract") with Florida SBA™, as though a physical signature was provided. If you do not
agree to the terms and conditions of this Agreement, you are expressly prohibited from applying for or accepting Business Certification
through Florida SBA™.
Florida SBA™ may, from time to time, within our sole and absolute discretion, modify, limit, change,
discontinue, or replace this Agreement or any portion thereof. It is your responsibility to review this agreement
WHERE PUBLISHED ON www.floridasba.us on a regular basis to keep yourself informed of any modifications. In the event
we modify, limit, change, or replace all or any portion of this Agreement, NOTIFICATION is DEEMED made immediately upon
publication of THE MODIFICATION, LIMITATION, CHANGE, OR REPlACEMENT ON THE Florida SBA™
website (www.floridasba.us), and your continued use and/or promotion of your voluntary
participation in
Florida SBA's™ Business Certification program(S) thereafter, constitute(s) your manifestation of
assent to the modification, limitation, change, or replacement. This Agreement is effective as of the date your
application is submitted to Florida SBA™ or your payment is processed.
The term of this Contract is one (1) year (365 days) from the date of the electronic submission of this Agreement (Contract)
or the date that the annual certification fees are successfully processed.
1. REPRESENTATIONS AND WARRANTIES.
Electronically submitting this Agreement constitutes your willingness to enter into this Contract, and representation and warranty by You
that You are at least eighteen (18) years of age; have the right, power, legal capacity and appropriate authority to contract on behalf
of the company; and are an authorized agent of the company and the owner(s) listed on company documents.
Florida SBA™ has not, is not, and will not make any guarantees, promises, or warranties that your company will
gain financial benefit or obtain participatory access in any diversity or procurement program as a result of your voluntary participation
in the Florida SBA™ Business Certification program(s).
Florida SBA™ is not owned or affiliated with, and does not sponsor or endorse any particular company applying
for voluntary participation in the Florida SBA™ Business Certification programs. Certification of a business by
Florida SBA™ is based exclusively on the company's qualifications for Certification and its conduct, as outlined in this
application. Florida SBA™ makes no representations regarding the quality, safety, morality, or legality of any aspect of
the applicant company's business, products, or services.
2. APPLICATION AND APPROPRIATE USES.
The electronic submission of this Agreement is Your application to voluntarily participate in one or more of Florida SBA's™
Business Certification programs. Florida SBA™ does not guarantee or promise approval of your Business Certification
application(s) and may deny admission to applicants who fail to meet the certification requirements, complete the application process, or fulfill
the responsibilities as outlined by this Agreement. You acknowledge that you submit this application at your own risk and that, in the event
that you are not admitted to the Business Certification program, you remain legally bound by the terms and conditions of this Agreement with
Florida SBA™.
(A) REQUIREMENTS
Application to the Florida SBA™ Business Certification program requires the following:
(1) Electronic submission of this online application, binding you to the terms of this Agreement;
(2) Provision of the required documentation outlined in Section 3. "REQUIRED SUPPORTING DOCUMENTATION" of this Agreement;
(3) Satisfactory evaluation and processing by Florida SBA™ of this electronically submitted Application, required supporting documentation,
and fee payment;
(4) Registration of applicant business with a Florida County Clerk Office as an assumed name, or with the Florida Secretary of State Corporation Section,
as applicable;
(5) Possession of a Florida Comptroller Number if application business is registered with the Florida Secretary of State Corporation Section; and
(6) If registered with the Florida Secretary of State Corporation Section, a status of "ACTIVE" or "IN TEMPORARY GOOD STANDING" from the Florida Comptroller is required.
(7) Signed submission of the Authorization Letter
All information provided throughout the application process must be consistent. Failure to provide consistent information throughout the
application process will result in the denial of your application.
(B) ACCURATE INFORMATION
You agree to maintain accurate information by providing notice to Florida SBA™ of any material change in Your Company's
structure within five (5) business days. Notification must be sent via email to paperwork@floridasba.us. Material changes are defined as:
(1) a change in the cumulative or individual ownership percentage(s) relied upon to achieve the 51% ownership interest majority required for voluntary participation in
the Florida SBA™ Business Certification program(s);
(2) a change or amendment of filing status with the Florida Secretary of State Commercial Section or any Florida County Clerk's
Office relating to an Assumed Name or Doing-Business-As filing (as applicable);
(3) obtaining a "NOT IN GOOD STANDING" status from the Florida Comptroller, for companies registered with the Secretary of State Commercial Section;
(4) a change in the company mailing address or phone number provided in this electronic submission; and
(5) a change in the email address of the "point-of-contact" on file with Florida SBA™.
If, for whatever reason, You fail to notify Florida SBA™ within five (5) business days of any material change, as
defined above, such failure will constitute a material breach of this Contract and Florida SBA™, upon learning of the
material change, will suspend your Business Certification participation in accordance with the Florida SBA™ due process policies.
You agree that Florida SBA™ may use and rely on any information provided by You for all purposes related to Your
voluntary participation in the Florida SBA™ Business Certification program(s). If You provide any information that is
inaccurate, not current, false, misleading, or incomplete; or if Florida SBA™ has reasonable grounds to suspect that Your
information is inaccurate, not current, false, misleading, or incomplete; Florida SBA™ has the absolute right, in accordance
with its due process policies, to terminate your voluntary participation in the Florida SBA™ Business Certification program(s).
Additionally, you hereby acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. We may assign
our rights and obligations under this Agreement at any time, including but not limited to in a sale of or other transaction involving the
Business Certification program(s).
Florida SBA™ reserves the right, in accordance with its due process policies, to terminate your voluntary participation
in the Florida SBA™ Business Certification program(s) if your participation results in, or is the subject of, legal action
or threatened legal action, against Florida SBA™ or any of its affiliates or partners, and to terminate without consideration
for whether the legal action or threatened legal action is ultimately determined to be with or without merit.
(i) Accurate Information- Due Process
Material changes in your company's structure must be reported to Florida SBA™ within five (5) business days of the
occurrence of such changes. Notification must be made via email to paperwork@floridasba.us.
Material changes are defined above. Failure to report any of the above-mentioned material changes constitutes a breach of Contract and will
result in suspension of Your voluntary-participation Florida SBA™ Business Certification program(s). Upon independent discovery
of the material change, Florida SBA™ will advise you of your newly suspended status. Suspension will become effective
on the date material change occurred.
Your suspended status will be published on the website www.floridasba.us;
You will be required to cease-and-desist all promotion and usage of Florida SBA™ Business Certification program(s)except in a
factually accurate reference to your past and current status with Florida SBA™, or in reference to the
Florida SBA™ website, www.floridasba.us; and remain in effect unless and until You take one of the following actions
within fourteen (14) days after Florida SBA™ notifies you of your newly suspended status:
(1) Submit a professionally written Appeal letter by the company's point-of-contact or owner(s), as recognized by Florida SBA™, sent
via email to paperwork@floridasba.us or fax to (512) 852-4629 explaining the material
change.
(2) Submit newly completed, up-to-date, required supporting documentation for each program in which you seek to participate, sent
via email to paperwork@floridasba.us or via fax to (512) 852-4629.
(3) Complete a new online application for voluntary participation in Florida SBA™ Business Certification program(s)
(at no additional cost), available at www.floridasba.us.
Failure to complete the due process procedures for material changes within fourteen (14) days of the email notification sent by Florida SBA™
advising of the discovery of the material change will result in termination of your Business Certification, effective on the 15th day after the
Florida SBA™ email notification. Your terminated status will be published on the website www.floridasba.us;
You will be required to stop all promotion and usage of Florida SBA™ materials stating your
current-participation. Such breaches of contract causing termination of your voluntary participation in
the Florida SBA™ Business Certification program(s) constitutes a forfeiture of your voluntary participation in the
Business Certification program(s) and affords you no right to refund or credit for lost fees.
C. QUALIFICATIONS
Woman Owned Business Certification
To qualify for a Woman Owned Business Certification, 51% or more of the total ownership interest must be held by four or fewer women (one (1) woman
at a minimum). This ownership percentage must be indicated on the company's business registration filing, if filed as an assumed name with a
Florida Country Clerk's Office; or, if the company's business registration is filed with the Florida Secretary of State, on the sworn affidavit(s)
submitted to Florida SBA™.
Gender is determined by the sex indicated on the government issued identification provided in accordance with the requirements outlined in this Agreement.
Minority Owned Business Certification
To qualify for a Minority Owned Business Certification, 51% or more of the total ownership interest must be held by four or fewer
minorities (one (1) minority at a minimum). This ownership percentage must be indicated on the company's business registration filing, if filed
as an assumed name with a Florida Country Clerk's Office; or, if the company's business registration is filed with the Florida Secretary of State, on
the sworn affidavit(s) submitted to Florida SBA™.
Minorities are considered members of "Socially Disadvantaged Groups," as defined by the Small Business Act:
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).
Membership within one of these "Socially Disadvantaged Groups" is determined by self-declaration.
Veteran Owned Business Certification
To qualify for a Veteran Owned Business Certification, 51% or more of the total ownership interest must be held by four or fewer current or former
veterans (one (1) veteran at a minimum). This ownership percentage must be indicated on the company's business registration filing, if filed as an
assumed name with a Florida Country Clerk's Office; or, if the company’s business registration is filed with the Florida Secretary of State, on the sworn
affidavit(s) submitted to Florida SBA™.
Eligible U.S. Armed Forces are:
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:
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
Eligible Florida Military Forces are:
Florida Army National Guard
Florida Air National Guard
Florida State Guard
Adjutant General's Department
Domestic Operations Command
Veteran status is determined by presentation of U.S. Armed Forces DD-214 or Florida Military Forces equivalent.
Small Business Owner Certification
To qualify for participation in the Florida SBA™ Small Business Owner Certification program, the company ("Applicant") cannot exceed the expressed maximum
number of employees allowed or maximum annual receipts in millions of dollars allowed for the company and its affiliates identified by North American Industry Classification System
(NAICS) codes as disclosed at the website http://www.floridasba.us/small-business-size-standards.htm.
Additionally, company ("Applicant") must be registered in the state of Florida.
Hispanic Owned Business Certification
To qualify for Hispanic Owned Business Certification, 51% or more of the total ownership interest must be held by four or fewer
Hispanics (one (1) Hispanic at a minimum). This ownership percentage must be indicated on the company's business registration filing, if filed
as an assumed name with a Florida Country Clerk's Office; or, if the company's business registration is filed with the Florida Secretary of State, on
the sworn affidavit(s) submitted to Florida SBA™.
Hispanic Americans are considered members of "Socially Disadvantaged Groups," as defined by the Small Business Act:
Hispanic Americans (persons with origins from Spanish or Portuguese speaking countries).
Membership within "Socially Disadvantaged Groups" is determined by self-declaration.
Family Owned Business Certification
To qualify for participation in the Florida SBA™ Family Owned Business Certification program, the company ("Applicant")
must be owned at least 2 family members as stated on the (1) online application form and (2) confirmed via affirmation of ownership submitted
by the same persons listed on the online application.
Additionally, company ("Applicant") must be registered in the state of Florida.
3. REQUIRED SUPPORTING DOCUMENTATION.
For ALL Business Certification Applicants, submit one set (Items 1-4) in support of each Business Certification program for which you apply:
1. One (1) copy of government issued identification.
A valid, current, and legible copy of your United States of America or Foreign-Government issued Passport, or United States of America Department of State issued Visa, Driver's License, or State Identification issued from a state located within the United States of America for each person named as an owner on this electronic submission and completing the sworn affidavit.
2. One (1) copy of the business' registration / existence in the State of Florida as stated below:
Sole Proprietorship: Assumed Name / Doing-Business-As filing from a Florida County
* Assumed Name / Doing-Business-As filing from a Florida County Clerk may be obtained from the Florida County Clerk for which the registration was filed.
Corporations: Certificate of Status / Certificate of Existence / Certificate of Formation
LLC: Certificate of Status / Certificate of Existence / Certificate of Formation
Limited Partnership: Certificate of Status / Certificate of Existence / Certificate of Formation
Limited Liability Partnership: Certificate of Status / Certificate of Existence / Certificate of Formation
General Partnership: Certificate of Status / Certificate of Existence / Certificate of Formation
Professional Limited Liability Company: Certificate of Status / Certificate of Existence / Certificate of Formation
* Certificate of Status / Certificate of Existence may be obtained from the Florida Secretary of State via telephone request at (512) 463-5578.
* Florida Comptroller Number print out from the "Taxable Entity Search" located at https://mycpa.cpa.state.tx.us/coa/search.do can substitute for companies filed with the Florida Secretary of State.
3. One (1) copy of the Florida SBA™ signed and affirmation of ownership executed by each individual used in the computation of
the 51% ownership interest requirement for eligibility.
4. One (1) copy of the Florida SBA™ Authorization Letter..
Submit all documentation (Items 1 - 4) to Florida SBA™ via
Facsimile, at: (512) 852-4629 or via Email: paperwork@floridasba.us
**Note: Please indicate which Business Certification you are applying for on your application.
(A) Florida Comptroller Status Requirement
All companies registered with the Florida Secretary of State Corporation Section applying for voluntary participation in the Florida SBA™
Business Certification program(s) are required to possess a Florida Comptroller Number status showing "Active" or "Active, Eligible for Termination/Withdrawal".
(B) Timeframe for Submission of REQUIRED SUPPORTING DOCUMENTATION
Online applications / electronic submissions are required to submit all required documentation as stated in Section "3. REQUIRED SUPPORTING DOCUMENTATION."
The Agreement registration fee must be concurrently paid along with the submission of this Agreement. Failure to submit payment within
fourteen (14) days of submitting this Agreement will result in the forfeiture of your Application for voluntary participation in the
Florida SBA™ Business Certification program(s) with no right to refund or credit for the fees paid to process this
electronically submitted Application.
The Authorization Letter will be sent via email to the point of contact indicated in this Agreement/Application and upon receipt by Florida SBA™ of at least three pieces of the required supporting documentation, this Agreement, and registration fee payment. The Authorization
Letter is a required step in the application process and must be signed and submitted via facsimile at (512) 852-4629 or
email at paperwork@floridasba.us to Florida SBA™
within fourteen (14) days
of the Authorization Letter being sent by email from Florida SBA™.
Florida SBA™ must receive all of the required supporting documentation (Items 1 - 3) within fourteen (14) days from
the date that this electronic submission is executed and the registration fee is paid; or from the date on which the renewal payment was
processed by Florida SBA™, Inc. Documents are deemed received upon receipt via facsimile at (512) 852-4629 or
email at paperwork@floridasba.us. Failure to submit all of the required supporting
documentation (Items 1 - 4) within the fourteen (14) day timeframe will constitute forfeiture of this Application for voluntary participation in the
Florida SBA™ Business Certification program(s) with no right to refund or credit for the fees paid to process this
electronically submitted Application.
Items (Items 1-4) not received by Florida SBA™ or missing from your submission will be deemed an incomplete required supporting
documentation submission and constitute a forfeiture of this Application for voluntary participation in the
Florida SBA™ Business Certification program(s) with no right to refund or credit for the fees paid to process this
electronically submitted Application.
You must submit all required supporting documentation for Your annual renewal to voluntarily participate in the Florida SBA™
Business Certification program(s). All required supporting documentation must be received within fourteen (14) days of renewal payment
processing by Florida SBA™. All required documents must be submitted to Florida SBA™
via email at paperwork@floridasba.us or fax at (512) 852-4629.
4. PAYMENTS.
A. Initial Payment.
Successful processing by Florida SBA™ of your payment constitutes acknowledgement of your application to voluntarily
participate in the Florida SBA™ Business Certification program(s). The successful processing of
payment by Florida SBA™, Inc. will serve as entrance into Contract between You and Florida SBA™, and the
appearance of credit / debit card charges on Your credit card / debit card statement will serve as Your receipt for the transaction. Payment
should be accompanied by the submission of this Agreement to facilitate the initial stages of processing your
Application for voluntary participation in the Florida SBA™ Business Certification program(s).
In consideration for processing Your application for voluntary participation in the Florida SBA™ Business Certification program(s), You
agree that all fees paid to and processed by Florida SBA™, Inc. are immediately the property of
Florida SBA™, and are non-refundable, even if You fail to complete the application process or are denied Certification by
the Florida SBA™ Business Certification program(s).
Applications that fail successful payment processing twice (two (2) times) will be denied future opportunities to electronically apply for voluntary
participation in the Florida SBA™ Business Certification program(s), unless at least one member of the company Board of
Directors provides a written letter. The individual's (or individuals') membership(s) on the Board of Directors must be evidenced by
declaration with the Florida Secretary of State or by appearance of individual's (or individuals') name(s) on the certificate of registration with the
Florida County Clerk, as applicable. The written letter should be sent via fax to (512) 852-4629 or email to paperwork@floridasba.us accompanied
by the following supporting documentation:
(1) a copy of the assumed name certificate (if registered with a Florida County Clerk); or
(2) Certificate of Fact / Existence (if registered with the Florida Secretary of State), as applicable;
and
(3) the Florida SBA™ Habitual Payment Failure Letter.
Applicants that claim the electronic application and payment for voluntary participation in the Florida SBA™ Business Certification
program(s) were unauthorized are not eligible for any refund or return of fees paid and processed by Florida SBA™. It is the
responsibility of all debit and credit cardholders to safe-guard their information and therefore it is not the responsibility of
Florida SBA™ nor the liability of Florida SBA™ for an individual or company's negligence as a
debit and credit cardholder.
B. Renewals
This Agreement is automatically renewed on the 365th day. Cancellation must be requested and sent via email to paperwork@floridasba.us no less than 30 days prior to the date of renewal to be recognized as valid. Confirmation by Florida SBA™ of the cancellation request will be sent
to the company's point-of-contact via email and serves as the only and official acknowledgment of renewal payment cancellation. Renewal payments for voluntary participation in the Florida Certification Director™y Business Certification
program(s) are automatically processed no earlier than 364 days from the date of the previous successful payment using the
credit card / debit card information provided in the previous electronic submission/Application for voluntary participation in
Florida SBA™ Business Certification program(s).
If the participant fails to timely cancel this Agreement prior to the renewal date (no less than 30 days), the participant remains obligated to
Florida SBA™ for the total amount of the renewal fee. Failure to pay or timely request cancellation will result in the initiation
of legal action by Florida SBA™ against participant for collection of the owed renewal fees. Participant has fourteen (14) days
to honor payment by completing a new online application with valid credit / debit card data and the required supporting documentation. Failure to resolve
the owed renewal fee payment within 14 days after email notification is sent by Florida SBA™ informing the participant company's
point of contact that payment was not received, will entitle Florida SBA™ to commence collection and / or other legal recourse
procedures as outlined in the Dispute Resolution Section of this Agreement on the 15th day after initial renewal fee payment failure.
If for any reason Florida SBA™ is unable to successfully process payment for the renewal fee, Florida SBA™
reserves the right to require that You complete a new online application and provide a new and valid payment method in lieu of the automatic annual
renewal. The unsuccessful processing of renewal fee payment does not terminate this Contract or your obligation to honor the renewal fee, and will
constitute a breach of contract. Such breach of contract entitles Florida SBA™ to pursue legal recourse as outlined in Dispute
Resolution section of this Agreement to recover the owed renewal fee.
C. "Chargebacks"
"Chargebacks" constitute a breach of this Contract. Any chargeback filed is a direct breach of this Contract and does not nullify the monies owed to
Florida SBA™, Inc. You agree that Florida SBA™, may immediately take legal action against You in response to a
chargeback filed by you or in connection with this Agreement to recover the fees paid to Florida SBA™, as well as
reasonable legal fees, filing fees, and other associated costs Florida SBA™, accumulates attempting to recover these
fees via legally-binding arbitration administered by American Arbitration Association, in accordance with the Dispute Resolution clause herein. You agree
and understand that you will be liable for up to three (three (3)) times the application fee in damages as well as reasonable legal fees, filing fees,
and other associated costs Florida SBA™, accumulates attempting to recover these fees via legally-binding arbitration administered
by American Arbitration Association, in accordance with the Dispute Resolution clause herein. You agree and understand
that Florida SBA™ reserves the right to respond to your chargeback filing in addition to or in lieu of initiating Arbitration
in accordance with the Dispute Resolution section of this Agreement and does not waive its right to initiate Arbitration at any time.
5. FORFEITURES, DENIALS, & REAPPLICATION REQUIREMENTS.
Every applicant for voluntary-participation in the Florida SBA™ Business Certification program(s) may submit their required
supporting documentation in .pdf format only one (1) time for review. Florida SBA™ must receive this one (1) and only submission of required supporting
documentation via fax in one (1) transmission (at (512) 852-4629) or email in one (1) attachment (at paperwork@floridasba.us)
in .pdf format within fourteen (14) days of electronically submitting this Application, as evidenced by Florida SBA™ receipt. Upon receipt of Your
one (1) and only submission in .pdf format, Florida SBA™ will notify You via email (ie. "Certification Status" email), of your company's
acceptance (ie. "Certification Issued" email) into a Florida SBA™ Business Certification program(s) or any errors, omissions and / or deficiencies in your
application. Required Supporting Documentation that contains any errors, omissions, and / or deficiencies in the required supporting documentation will
be deemed invalid and result in the denial of your application to voluntarily participate in a Florida SBA™ Business Certification program(s). You can
appeal this denial, free of charge, by following the procedures detailed in Section "5. DENIED APPLICATION." of this contract.
(A) FORFEITED APPLICATIONS
Applications for voluntary participation in the Florida SBA™ Business Certification program(s) will be forfeited
with no right to refund or credit for the fees paid to process this electronically submitted Application in any of the
following circumstances:
(1) applicant's submission of supporting documentation was not received by Florida SBA™ within fourteen (14) days
of the date the Application was electronically submitted;
(2) applicant's required supporting documentation was not received in one (1) attachment .pdf format via email at
paperwork@floridasba.us or .pdf format via one (1) fax transmission
fax at (512) 852-4629;
(3) applicant failed to appeal the denial of its application for voluntary participation in the
Florida SBA™ Business Certification program(s) within fourteen (14) days of the date of denial.
(4) applicant's Authorization Letter was not received within fourteen (14) days after the date Florida SBA™ emailed the
Authorization Letter to the participant's point-of-contact.
Forfeited applications result in the immediate termination of the application process, the non-refundable forfeiture of all fees paid in
connection with the application, and the refusal of all additional documentation submissions in connection with that applicant. Forfeited
applications are not subject to the annual renewal fee nor are they required to send written notification 30-days before the
annual renewal date cancelling participation in the Florida SBA™.
(B) DENIED APPLICATION / APPEAL PROCESS
Upon denial of Your application for voluntary-participation in the Florida SBA™ Business Certification program(s), You will have
fourteen (14) days to appeal in accordance with the following procedures:
(1) Complete a new online application for voluntary participation in the Florida SBA™ Business Certification program(s)
(at no additional cost), available at www.floridasba.us;
(2) Re-Submit new required supporting documentation including a newly signed, dated, and affirmation of ownership for each program in which you seek to participate.
(3) Provide an professionally written Appeal Letter stating your understanding of the reason(s) for application denial;
(4) Submit in one (1) attachment .pdf format via email to paperwork@floridasba.us or
one (1) fax transmission to (512) 852-4629.
Applications appealed and subsequently denied by Florida SBA™ are immediately terminated, with no right to refund or credit.
Failure to submit supporting documentation in one (1) attachment .pdf format via email to paperwork@floridasba.us or
one (1) fax transmission to (512) 852-4629 and within the fourteen (14) day time period will result in forfeiture of Your right to appeal the decision
and thereby terminates Your application for voluntary participation in the Florida SBA™ Business Certification program(s).
(C) CERTIFICATION ENROLLMENT AND EXPIRATION DATE
The enrollment or effective date of Your voluntarily-participation in the Florida SBA™ Business Certification program(s) will
be the date on which Florida SBA™ completes the processing of Your application for voluntary participation in the
Florida SBA™ Business Certification program(s), including the processing of your payment.
The Florida SBA™ Business Certification expires 365 calendar days from the date this electronic Application is submitted and
payment is processed. During a leap year, the expiration date will not exceed 366 calendar days from the date of this electronic submission.
6. AUDIT.
You agree that Florida SBA™ may audit your company at any time within the term of this Contract by requiring all persons
relied on to achieve the 51% ownership interest requirement to execute a new Florida SBA™ sworn affidavit. You will be advised of
an audit via an "Audit Notification Email" from Florida SBA™.
The newly executed sworn affidavit must be submitted in one (1) attachment .pdf format via email to paperwork@floridasba.us or
one (1) fax transmission to (512) 852-4629 within fourteen (14) days of the date the
Audit Notification Email was sent. Florida SBA™ audit procedures adhere to the same certification application procedures as
outlined in Section "3. REQUIRED SUPPORTING DOCUMENTATION." Failure to comply with the Florida SBA™ audit or failure to satisfy the
certification application procedures as outlined in Section "3. REQUIRED SUPPORTING DOCUMENTATION" will constitute a breach of this Contract and will
be addressed in accordance with the due process policies of Florida SBA™, as set forth herein.
(i) Audit- Due Process
Failure to complete the due process procedures of the audit within fourteen (14) days of the date Florida SBA™ sent the
Audit Email Notification will constitute a breach of Contract and will result in the termination of Your voluntary-participation in the
Florida SBA™ Business Certification program(s). Termination will be effective on the 15th day after the date the
Audit Email Notification was sent by Florida SBA™. Such breaches of contract causing termination of your voluntary
participation in the Florida SBA™ Business Certification program(s) constitutes a forfeiture of your voluntary
participation in the Business Certification program(s), and affords you no right to refund or credit for lost fees.
Your terminated status will be published on the website www.floridasba.us;
You will be required to cease-and-desist all promotion and usage of Florida SBA™ Business Certification program(s) except in a
factually accurate reference to your past and current status with Florida SBA™, or in reference to the
Florida SBA™ website, www.floridasba.us.
7. PROFESSIONAL CODE OF CONDUCT AND ETHICS.
You agree that your voluntary participation in the Florida SBA™ Business Certification program(s) is subject to the
Florida SBA™ professional code of conduct policy, which prohibits:
- Criminal Conviction;
- False or Fraudulent Representations;
- Slanderous Statements in Federal Communications Commission Regulated Media or Electronic Media; and
- Libelous Statements in Print or Electronic Media.
You agree that violations of the Professional Code of Conduct constitute a breach of this Contract and will be addressed in
accordance with the audit, due process, professional code of conduct policies, and / or slander / libel due process policies of
Florida SBA™ as set forth herein.
You agree to conduct Your business activities in an ethical manner and in accordance with the criminal laws of the State of
Florida and United States of America. In the event You or Your company are convicted of a crime related to the promotion of Your
voluntary participation in the Florida SBA™ Business Certification program(s), the conviction will constitute a
breach of contract and will be addressed in accordance with the due process policies of Florida SBA™ as set forth herein.
(i) Professional Code of Conduct and Ethics- Due Process
In the event You or Your company is convicted of a crime that is either directly or indirectly related to the promotion of Your
voluntary participation in the Florida SBA™ Business Certification program(s), You are required to notify
Florida SBA™ via email within five (5) days (sent to paperwork@floridasba.us ), and providing the
following information regarding the criminal conviction:
- Court of Jurisdiction
- Case Number
- Disposition
Failure to notify Florida SBA™ within five (5) days of a criminal conviction that was directly or indirectly related to
Your promotion of Your voluntary participation in the Florida SBA™ Business Certification program(s) will result in the
suspension of Your company's Business Certification, effective on the 6th day after the date of criminal conviction. Your suspended status will be published on the website www.floridasba.us;
You will be required to cease-and-desist all promotion and usage of Florida SBA™ Business Certification program(s) except in a
factually accurate reference to your past and current status with Florida SBA™, or in reference to the
Florida SBA™ website, www.floridasba.us. This suspension
will remain in effect until the 365th day after the date of You electronically submitted this application for voluntarily participation in the
Florida SBA™ Business Certification program(s). Any suspended status may be relieved based upon the filing of an appeal of the
conviction in a court of jurisdiction, if Florida SBA™ is notified via email (sent to paperwork@floridasba.us)
within five (5) days of the date the appeal was filed. On the 365th day, Your voluntary participation in the Business
Certification program(s) will expire.
(A) SLANDER AND LIBEL
Any slanderous or libelous communications made by You shall constitute a breach of this Contract and may involve civil actions by
Florida SBA™ or any of its affiliates or partners against You and Your company. In the event Florida SBA™
or any of its affiliates or partners learns of any slanderous or libelous communications made by you, an email entitled "Cease and Desist" will be
sent from Florida SBA™ to the company point-of-contact recognized by Florida SBA™. Failure to immediately
adhere to the cease-and-desist email will result in the suspension of You and Your company from voluntary participation in the
Florida SBA™ Business Certification program(s) as civil legal remedies are pursued. Your suspended status will be published on the website www.floridasba.us;
You will be required to cease-and-desist all promotion and usage of Florida SBA™ Business Certification program(s) except in a
factually accurate reference to your past and current status with Florida SBA™, or in reference to the
Florida SBA™ website, www.floridasba.us. Subsequently, on the 365th day after the
date this Application was electronically submitted, Your voluntary participation in the Florida SBA™ Business Certification program(s)
will expire.
(B) USE OF INTELLECTUAL PROPERTY
You agree that Florida SBA™ holds all rights, title, and interest in all Florida SBA™ publicity and
intellectual property, including other rights related to intangible property, unless otherwise indicated. You agree that
Florida SBA™ materials are the intellectual property of Florida SBA™ and your use, assignment,
and / or possession of Florida SBA™ materials may be terminated in accordance with the Florida SBA™
due process policies, as set forth herein.
You agree that the Florida SBA™ Certification Number assigned to you upon Certification is the intellectual property of
Florida SBA™, Inc. You agree that the listing of Your voluntary participation in the
Florida SBA™ Business Certification program(s) will be displayed on the Florida SBA™
website, www.floridasba.us, and that Florida SBA™, is the issuing agency and sole party responsible for
the content maintained on the Florida SBA™ website as it relates to You and Your company's voluntary participation in the
Florida SBA™ Business Certification program(s).
(i) Use of Intellectual Property- Due Process
Upon termination of Your voluntary participation in the Florida SBA™ Business Certification program(s), You are required to
cease-and-desist all promotion of Your voluntary participation in Florida SBA™ Business Certification program(s) except in a
factually accurate reference to your past and current status with Florida SBA™, or in reference to the
Florida SBA™ website, www.floridasba.us.
8. PRIVACY AND COMMUNICATION.
Your voluntary participation in the Florida SBA™ Business Certification program(s) will be publicly disclosed on the
Florida SBA™ website, www.floridasba.us. Information
disclosed will include (1) the enrollment date; (2) expiration date; (3) company full legal name; (4) company assumed name or trademark name; (5)
Florida jurisdiction of registration; (6) each owner's name used in the calculation of 51% ownership interest of the business; (7) assigned Florida SBA™ Certification Number; and (8) current status as participant in the Business Certification program(s) including suspension(s) and termination(s).
You agree to abide by the due process policies of Florida SBA™ and acknowledge that the status listed in the
Florida SBA™, www.floridasba.us may include
"SUSPENDED" or "TERMINATED" as of the date such status was issued in accordance with the due process policies of Florida SBA™.
You agree and consent that telephone conversations through wireline, landline, cellular, and / or electronic communication media may be
recorded by Florida SBA™ for "quality control" measures without prior verbal notification or the presence of a "beep tone."
Recognized forms of communication between you and Florida SBA™ are to be (1) email communication
sent to paperwork@floridasba.us or other authorized email address of
Florida SBA™;
(2) telephone communication using the phone number of (512) 201 - 2827; and / or (3) fax communication using the fax number of
(512) 852 - 4629. The preferred communication method with Florida SBA™ is
email to paperwork@floridasba.us.
You agree and consent that Florida SBA™ reserves
the right at all times to disclose any information provided by you to Florida SBA™
as Florida SBA™ deems necessary to satisfy
any chargeback filing, applicable law, regulation, legal process or governmental request. You acknowledge and agree that Florida SBA™
reserves the right to edit, refuse to post, or to remove any information or materials from its website relating to your
voluntary participation in the Florida SBA™ Business
Certification program(s), in whole or in part, at the sole discretion of Florida SBA™.
(A) EXCESSIVE COMMUNICATION AND ABUSE POLICY
Florida SBA™ maintains an "Excessive Communication and Abuse Policy" applicable to any and all prospects, applicants,
and participants voluntarily participating in the Florida SBA™ Business Certification program(s). Actions constituting
violation of the Excessive Communication and Abuse Policy are as follows:
- Repeated telephone calls encompassed within a 48-hour period as defined by Florida SBA™
- Repeated voice mails encompassed within a 48-hour period as defined by Florida SBA™
- Repeated emails contained within a 48-hour period as defined by Florida SBA™
- Spam emails and spam facsimiles as defined by Florida SBA™
- Using raised voices or exhibiting a verbally aggressive demeanor towards an agent of Florida SBA™,
as defined by Florida SBA™
- Questioning the credibility or validity of Florida SBA™ as defined by Florida SBA™
- Failing to perform due diligence in acquiring public and private sector common knowledge, thereby requiring Florida SBA™
to perform educational services as defined by Florida SBA™
- Repeated attempts by a company representative, not the recognized "point-of-contact" with Florida SBA™, to engage in
communication with Florida SBA™ as defined by Florida SBA™
Violation of the aforementioned Excessive Communication and Abuse Policy by a prospect, applicant, or voluntary participant in the
Florida SBA™ Business Certification program(s) will result in issuance of a "warning" or "advisory" to the prospect,
applicant, or participant via email from Florida SBA™. Continued excessive communication and abuse will result in the
termination of this Contract by Florida SBA™ in accordance with the its process policies, as set forth herein.
(i) Excessive Communication and Abuse Policy- Due Process
Florida SBA™ exercises due process in response to violations of this Agreement through Excessive Communication and Abuse.
Florida SBA™ will email a Report to the point-of-contact, outlining Your Company's violations of the
Florida SBA™ Excessive Communication and Abuse Policy. You will be given the opportunity to respond in a professionally
written letter stating Your understanding of our Excessive Communication and Abuse Policy and why You violated the Excessive Communication and
Abuse policy. Your explanatory letter must be sent via email to paperwork@floridasba.us within 5-days of the date the Report from
Florida SBA™ was sent. Upon receipt of your professionally written letter, Florida SBA™
will attempt to address Your issues / concerns for a final time via email. During this period of disciplinary conduct,
Florida SBA™ reserves the right to suspend communication between You, Your agents and Florida SBA™.
Any second violation of the Florida SBA™ Excessive Communication and Abuse policy will result in the termination of Your
voluntary participation in the Florida SBA™ Business Certification program(s). Your terminated status will be published on the website www.floridasba.us;
You will be required to cease-and-desist all promotion and usage of Florida SBA™ Business Certification program(s) except in a
factually accurate reference to your past and current status with Florida SBA™, or in reference to the
Florida SBA™ website, www.floridasba.us. Such breaches of contract
causing termination of your voluntary participation in the Florida SBA™ Business Certification program(s) constitutes a forfeiture of your
voluntary participation in the Business Certification program(s) and affords you no right to refund or credit for lost fees.
9. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OWNER, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS,
OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AND AGENTS, WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY,
NEGLIGENCE, OR ANY OTHER LEGAL THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES, EVEN IF Florida SBA™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall Florida SBA™ its partners, affiliates, or advertisers be liable to You or any other person for any damages,
including for loss of profit or goodwill, for any matter, whether such liability is asserted on any breach of this Contract
or its incorporated agreements and policies for any loss in profits or revenues, a lack of financial benefit, or your inability to
gain participatory access in any diversity or procurement program, even if Florida SBA™
has been advised of the possibility of such damages.
Florida SBA™ liability is limited to the total amount paid by You for this application to voluntarily participate in
the Florida SBA™ Business Certification program(s).
10. DISCLAIMER OF WARRANTIES.
Florida SBA™ 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, or assurities that
voluntary participation in the Florida SBA™ Business Certification program(s) will produce any monetary gain or
participatory access in any diversity or procurement program.
11. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless Florida SBA™ ("Florida 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 the use or promotion of your voluntary participation in the Florida SBA™ Business Certification program(s)
by you or your company or affiliates.
In addition, You agree to indemnify and hold Florida SBA™ 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. This indemnification is in addition to any indemnification required of
You as outlined elsewhere in this Agreement.
In the event that Florida SBA™ or any of its affiliates or partners, is notified of a pending law suit,
receives notice of the filing of a law suit, or learns that Florida SBA™ or any of its affiliates or partners is
the subject or legal action or threatened legal action, Florida SBA™ may seek a written confirmation from You
concerning Your obligation to indemnify Florida SBA™. Florida SBA™ will send
the "Indemnification Request" via email to your Company point-of-contact requesting this confirmation. The Indemnification Request email is
deemed to have been received by You (through your Company's point-of-contact) within five (5) days of the date it was sent
by Florida SBA™.
Written confirmation of indemnification must be received by Florida SBA™ via
email (at paperwork@floridasba.us) within ten (10) days after the Florida SBA™
sent the Indemnification Request email to Your company's point-of-contact. The written confirmation must be signed by any person
who completed a Florida SBA™ sworn affidavit used in the computation of the 51% majority ownership interest
requirement for voluntary participation in the Florida SBA™ Business Certification program(s). In additionl to any other
remedies available to the Florida SBA™, failure to respond to the indemnification request or failure to provide this written confirmation will result in the suspension of
Your Company's voluntary participation in the Florida SBA™ Business Certification program(s). Suspension will be effective
beginning the 11th day after the Indemnification Request email notification was sent by Florida SBA™. Your suspended status will be published on the website www.floridasba.us;
You will be required to cease-and-desist all promotion and usage of Florida SBA™ Business Certification program(s) except in a
factually accurate reference to your past and current status with Florida SBA™, or in reference to the
Florida SBA™ website, www.floridasba.us. Any suspended status
shall remain in effect unless and until Florida SBA™ receives written confirmation, signed by an appropriate person
as outlined above. On the 365th day after the date this Application was electronically submitted (or your renewal payment was processed), Your voluntary
participation in the Florida SBA™ Business Certification program(s) will expire.
You agree that Florida SBA™ shall have the right to participate in the defense of any such claim through counsel of
its own choosing. You agree to notify Florida SBA™ of any such claim promptly, in writing, through U.S. Postal Service
Certified Mail at Florida SBA™, 170 Commerce Way Suite 200, Portsmouth, Florida 03801, USA, and allow Florida SBA™
to control the proceedings. You agree to cooperate fully with Florida SBA™ during such proceedings.
12. DISPUTE RESOLUTION.
You understand and agree that Florida SBA™ is located in the State of Florida for all legal and non-legal purposes. Therefore,
this Agreement will be interpreted under and governed by the laws of the State of Florida without giving effect to any conflicts of laws principles. You
agree that any claim or dispute that you may have against us arising out of or in relation to this Agreement will be exclusively resolved through arbitration.
The failure of Florida SBA™ to seek relief for your breach of any duty under this Agreement or otherwise will not waive the
right of Florida SBA™ to seek relief for any subsequent breach or claim.
Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled with binding arbitration administered by
the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules under the Claims Programs. You agree to waive all rights
to a jury trial and All claims will be administered by "desk" arbitration, allowing only for the submission of documents. Judgment on the
award rendered by the arbitrator(s) may be entered in any court with jurisdiction.
You agree to pay Florida SBA™ administrative fees in the amount of $150 per hour, in addition to legal expenses, upon initiation
of a legal action against Florida SBA™. You agree to pay Florida SBA™ administrative fees in the
amount of $150 per hour, in addition to legal expenses, for any legal action initiated by Florida SBA™ against You, the cardholder
on file stated on the electronic application submission, the owner's stated on this electronically submitted Agreement, and / or sworn affidavits
used in the computation of the 51% majority interest for participation in a Florida SBA™ Business Certification program(s). You
agree that in the event you prevail in full on your arbitration claim that the arbitrator may but is not required to order a refund of any fees
paid to Florida SBA™ but in no event will Florida SBA™ be required to pay any portion of the arbitration fees.
YOU AND Florida SBA™ AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF
OR RELATING TO THIS AGREEMENT OR YOUR USE OR PROMOTION OF YOUR VOLUNTARY PARTICIPATION IN THE
Florida SBA™ BUSINESS CERTIFICATION PROGRAM(S); INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION,
VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT, EXCEPT THAT OWNER RESERVES THE RIGHT TO ELECT AT ITS SOLE DISCRETION TO PURSUE
ANY ACTION ARISING OUT OF COPYRIGHT AND/OR TRADEMARK INFRINGEMENT IN COURT INSTEAD OF THROUGH ARBITRATION.
13. NOTICES.
You agree that all notices (except for notices concerning breach of this Contract) from Florida SBA™
to You may be posted on the Web site, www.floridasba.us. Notices concerning breach of
Contract will be sent to either the email address provided in this electronically submitted Application or to the point-of-contact's email
address, as maintained on file with Florida SBA™. In either case, delivery of all notices shall be deemed to have been made
five (5) days after the date sent.
Notices from You to Florida SBA™ must be sent by email to paperwork@floridasba.us.
14. HEADINGS.
The headings in this Contract are descriptive only and in the event of a conflict between a heading and the underlying terms of this Contract, the
terms of this Contract shall control.
15. ENTIRE AGREEMENT.
You agree that this Agreement, including policies and agreements referenced herein, constitutes the complete and entire Agreement (Contract)
between You and Florida SBA™ regarding Your voluntary participation in the
Florida SBA™ Business Certification program(s). You understand and agree that there are no further understandings,
agreements, or representations with respect to your relationship with Florida SBA™
that are not specified in this Agreement. You understand and agree that any additional provisions that may appear in any
communication from you will not bind us.
16. SEVERABILITY.
You agree that the terms of this Contract are severable. If any part of this Contract is determined to be unenforceable or invalid,
that part of the agreement will be interpreted in accordance with the applicable law as closely as possible, in line with
the original intention of both parties to the Contract. The American Arbitration Association will interpret the contract
in accordance with its Commercial Arbitration Rules under the Claims Programs. All claims will be administered by "desk" arbitration,
allowing for submission of documents only, and judgment on the award rendered by the arbitrator(s) may be entered in any court
with jurisdiction. The remaining terms and conditions of the Contract (not deemed unenforceable) will remain in full force and effect.
17. WAIVER.
The failure of Florida SBA™ to enforce any of the provisions within this Contract or its incorporated
agreements and policies against You or others shall not be construed as a waiver of the right of
Florida SBA™ thereafter to enforce such provisions. You understand and agree that no term or provision of
this Agreement will be deemed to have been wiavved and no breach will be deemed to have been consented to
unless such waiver or consent is in writing and signed by the party to be bound.
18. FORCE MAJEURE.
Florida SBA™ ("Florida SBA™, of Portsmouth, Florida, USA"), will make
every effort to keep the Web site, www.floridasba.us operational. However, certain
difficulties and other factors outside of its control, may from time to time, result in temporary service interruptions. You agree not to
hold Florida SBA™ liable for any of the consequences of such interruptions. Access to the
Florida SBA™ via the websites of Florida SBA, Inc., ("www.floridasba.org") and
Florida Small Business Association™ ("www.newhampshiresmallbusinessassociation.org")
are provided at the sole discretion of the website owner(s).
19. CLAIM LIMITATIONS.
OWNER AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT A CAUSE OF ACTION WITHIN ONE (1) YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OWNER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF)
ON AN INDIVIDUAL BASIS.
20. SURVIVAL.
Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 shall survive any termination or cancellation of this Contract.
21. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement/Contract, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or
liabilities under or by reason of this Contract, except as expressly provided in this Contract.
www.floridasba.us/certification-agreement.php
Last Updated: May 10, 2021.
Copyright 2010 - PRESENT. All Rights Reserved.
Corporate Headquarters:
Florida SBA™, Inc.
Portsmouth, Florida 03801, USA. |
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