OSHA 300A Filing Service — Terms of Service

Agreement between you and NaviraTech

1. Who We Are

NaviraTech ("we," "us," "our") provides an online service that assists employers with submitting their annual OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA's Injury Tracking Application (ITA) portal. We are an independent service—not endorsed, approved, or affiliated with OSHA. You can always file directly through the free ITA portal at osha.gov.

2. OSHA's Rules About Third-Party Filing

Under OSHA regulations (29 CFR 1904.41), employers may authorize a third party to submit Form 300A data on their behalf. However, the employer remains legally responsible for the accuracy and timeliness of all submitted information.

By using our service, you acknowledge that:

• You are the employer of record or an authorized representative with legal authority to submit this data
• Federal law holds you, not NaviraTech, responsible for the accuracy of your submission
• OSHA may contact you directly regarding your submission
• You must maintain your own OSHA 300 Log and supporting documentation as required by law

3. What We Promise To Do

NaviraTech agrees to:

• Provide a secure online platform for you to enter your Form 300A data
• Submit your completed Form 300A data to OSHA's ITA portal on your behalf
• Provide confirmation of successful submission
• Maintain reasonable security measures to protect your data during transmission
• Respond to your service-related inquiries within two (2) business days

Our guarantee: If we fail to submit your filing by the promised deadline due to our error, you'll receive a full refund.

4. What We Don't Promise

NaviraTech expressly disclaims any responsibility for:

• Verifying the accuracy of any data you provide to us
• Calculating your injury and illness rates or any other figures
• Interpreting OSHA regulations or advising you on compliance matters
• Ensuring you are required to file—determining whether your establishment must submit data is your responsibility
• Correcting errors in your submission after it has been transmitted to OSHA
• OSHA's systems—we cannot guarantee OSHA's portal will be available or functioning
• Keeping your OSHA 300 Log—you must maintain your own records as required by law
• Legal advice—we are not attorneys and do not provide legal counsel

5. What You Promise To Do

By using our service, you represent, warrant, and agree that:

5.1 Authority and Certification

• You are an owner, company officer, or executive legally authorized to certify and submit OSHA Form 300A data for your establishment(s)
• The person certifying the submission meets OSHA's requirements for certification (company executive, as defined in 29 CFR 1904.32)
• You understand that certifying false information to a federal agency may result in criminal penalties

5.2 Accuracy of Information

• All data you provide is true, accurate, and complete to the best of your knowledge
• You have reviewed your OSHA 300 Log and verified the summary data before submitting it to us
• You understand we rely on your data without independent verification
• You accept full responsibility for any errors, omissions, or inaccuracies in the data you provide

5.3 Timely Submission

• You will provide your data to us with sufficient time before any OSHA deadline
• You understand that late submissions to us may result in late filings with OSHA, and any resulting penalties are your responsibility

6. Important Legal Warnings

By using our service, you acknowledge that you bear all risk of any penalties, fines, enforcement actions, or other consequences arising from inaccurate data you provide, late submissions due to your delay, or your failure to maintain proper underlying OSHA records.

7. Your Data and Privacy

7.1 Data We Collect

• Company/establishment information (name, address, industry code, EIN, employee count)
• Summary injury and illness data from your 300A form
• Contact information for the certifying official
• Payment information (processed securely by Stripe)

7.2 HIPAA Clarification

NaviraTech is not a "covered entity" under HIPAA. OSHA injury and illness records maintained by employers are specifically exempt from HIPAA's Privacy Rule under 45 CFR 164.512(b)(1)(v). The summary data you provide (Form 300A) contains only aggregate counts and rates, not individually identifiable health information.

7.3 Data Sharing

We will share your data only:

• With OSHA, as necessary to complete your filing
• With service providers who assist our operations (under confidentiality agreements)
• As required by law, subpoena, or legal process

7.4 Data Breach Notification

In the event of a security breach, we will notify you within forty-five (45) days per Ohio Revised Code Section 1349.19. Our notification will include a description of the incident, the types of information involved, steps we're taking, steps you can take, and contact information.

7.5 Consent Records

We maintain records of your consent (timestamp, IP address, Terms version, checkboxes selected) for a minimum of three (3) years per FTC guidelines.

7.6 Data Retention

We retain your submission data for five (5) years to align with OSHA recordkeeping requirements (29 CFR 1904.33).

8. Payment Terms

8.1 Pricing

8.2 Billing Descriptor

Charges will appear on your statement as "NAVIRATECH" or "NAVIRA SOLUTIONS".

8.3 Refund Policy

Full Refund:

• Cancellation within 48 hours of purchase, before any work begins
• We determine your establishment is exempt from OSHA filing requirements
• We fail to submit your filing due to our error

Partial Refund (50%):

• You cancel after 48 hours but before we submit your filing
• You are unable to provide required documentation at your scheduled consultation
• You fail to provide required data and we terminate the engagement

No Refund:

• Your filing has been successfully submitted to OSHA
• You provided false information that caused a rejection

To request a refund, email admin@naviratech.online within 30 days of purchase.

8.4 Payment Disputes

If you believe a charge is incorrect, please contact us at admin@naviratech.online before disputing with your bank. We commit to responding within 2 business days.

9. Corrections and Re-submissions

9.1 If We Made an Error

If OSHA rejects your filing due to a processing error on our part (e.g., we entered your data incorrectly), we will correct and re-submit your filing at no additional charge.

9.2 If Your Data Was Incorrect

If OSHA rejects your filing due to incorrect information you provided, or if you discover an error in your original data after submission, we can re-submit a corrected filing for a $75 correction fee.

9.3 Notification Requirement

To request a correction, you must notify us within fourteen (14) days of receiving notice of the rejection or discovering the error. Include the OSHA rejection notice (if applicable) and the corrected data.

9.4 Deadline Limitations

We cannot guarantee corrections will be accepted by OSHA after the filing deadline has passed. Post-deadline corrections are subject to OSHA's discretion and any applicable late penalties remain your responsibility.

10. Service Termination

10.1 Your Right to Cancel

You may cancel at any time by emailing admin@naviratech.online. Refund amount depends on work completed (see Section 8.3).

10.2 Our Right to Terminate

We may terminate this engagement and issue a 50% refund if:

• You are unable to provide required OSHA 300 Log data at your scheduled consultation
• You fail to respond to our requests for information for 10 or more consecutive days
• Your delay makes timely OSHA filing impossible
• You provide information we reasonably believe to be false

10.3 Effect of Termination

Upon termination:

• We will provide any partially completed work product
• You remain solely responsible for your own OSHA compliance
• Any dispute over refund amount is subject to Section 13 (Dispute Resolution)

11. Limitation of Liability

You acknowledge that these limitations reflect a reasonable allocation of risk and are fundamental to the agreement. Our pricing is based on these limitations.

12. Indemnification

You agree to indemnify, defend, and hold harmless NaviraTech and our officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Inaccurate, incomplete, or false data you provide
• Your breach of this Agreement
• Any violation of law by you, including OSHA regulations
• Any third-party claim related to your OSHA submission
• Your failure to maintain required OSHA records

13. Dispute Resolution

Let's Talk First. Before taking any legal action, contact us at admin@naviratech.online. We'll work with you in good faith to resolve the issue within 30 days.

If We Can't Agree. Either party may bring claims in small claims court in Franklin County, Ohio (for claims under $6,000). For larger claims, exclusive jurisdiction is in Franklin County, Ohio state or federal courts.

Governing Law. This Agreement is governed by Ohio law.

Limitation Period. Any claim must be filed within one (1) year of the issue arising.

Attorney's Fees. The prevailing party in any legal action shall be entitled to recover reasonable attorney's fees and costs.

14. Changes to These Terms

We may modify these Terms from time to time. When we make material changes:

• We will provide you with at least thirty (30) days' advance notice via email
• Changes will not apply retroactively to filings already completed
• If you do not agree, you may reject by discontinuing use before the effective date
• Continued use after the effective date constitutes acceptance

15. General Provisions

• Entire Agreement: This Agreement, together with our Privacy Policy, constitutes the entire agreement.
• Severability: If any provision is unenforceable, the remaining provisions remain in effect.
• Waiver: Our failure to enforce any right shall not constitute a waiver.
• Assignment: You may not assign this Agreement. We may assign without restriction.

16. Electronic Signatures and Consent

By using our service, you consent to conduct transactions electronically, pursuant to the federal E-SIGN Act (15 U.S.C. § 7001) and Ohio Uniform Electronic Transactions Act (ORC Chapter 1306).

Your Rights

• Paper Copies: You may request paper copies at no charge by emailing admin@naviratech.online
• Withdraw Consent: You may withdraw electronic consent at any time (may limit service access)

Unchecked Boxes

All optional consent checkboxes on our platform are unchecked by default. You must affirmatively select any optional consents.

17. Contact Us

18. Acknowledgment

By creating an account, submitting payment, or using our service, you acknowledge that:

1. You have read and understood these Terms of Service
2. You agree to be bound by these Terms of Service
3. You are authorized to enter into this Agreement on behalf of your company
4. You understand that you remain legally responsible for your OSHA submission
5. You understand the criminal and civil penalties for falsifying OSHA records
6. You consent to conduct this transaction electronically

These Terms of Service were prepared with reference to OSHA regulations (29 CFR 1904), Ohio Revised Code, federal consumer protection laws, and industry best practices. They are not a substitute for legal advice.