This Banking Support Services Agreement (this "Agreement") is entered into by and between Offshore Bank Corporation and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Offshore Bank Corporation’s Banking Support Services (the "Services").
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with (i) Offshore Bank Corporation Universal Terms of Service Agreement, and (ii) any plan limits, product disclaimers or other restrictions presented to you on the Banking Support Services landing page of the Offshore Bank Corporation website (this "Site"), both (i) and (ii) of which are incorporated herein by reference.
These Terms of Business are intended to govern the business relations between Offshore BankCorporation and its clients. On the basis of these Terms of Business, Offshore Bank Corporation shall provide the Client with various services such as the foundation of Incorporation services ("Incorporation") and some additional related services ("Additional Services") as well as the assistance in relation with the opening of bank accounts opening support services ("Bank Account Support").
These Terms of Business shall form an integral part of any agreement concluded between the Client and Offshore Bank Corporation on the execution of the Offshore Bank Corporation order form either by way of online order or paper form ("Agreement"). By entering into an Agreement with Offshore Bank Corporation, the Client accepts these Terms of Business. A price list and a list of services are available on the website of Offshore Bank Corporation (www.offshorebankcorp.com).
Any Terms of Business which deviate from, contradict or supplement these Terms of Business shall not become a part of any Agreement, unless otherwise specifically agreed in writing between the Client and Offshore Bank Corporation.
Offshore Bank Corporation can perform the service of assistance in relation with the opening of a bank account for the Client. In this framework, Offshore Bank Corporation may propose to the Client a list of banks, but it is the Client who is responsible for the choice of the bank. The Client may choose a bank either among the list of banks provided by Offshore Bank Corporatio or a third party bank ("Bank"). The successful setting-up of complementary services such as credit cards, cheque books or Internet banking access is not guaranteed and is offered "as is".
Offshore Bank Corporation reserves the right to refuse any and/or all its services to any Client without giving any reason or explanation thereto, and cannot, under any circumstances, be held responsible for such refusal.
While Offshore Bank Corporation endeavors to provide true and correct information on all its services, it is not providing legal advice. The Client is responsible for ensuring that he/she has taken all necessary tax and legal advice with regard to the establishment and operation of the Bank and for ensuring that the activities will not breach the law of any relevant jurisdiction.
The Client shall provide Offshore Bank Corporation with such information as Offshore Bank Corporation considers necessary in order to ensure that the Bank complies with applicable legislation on anti-money laundering and due diligence. The client is responsible for ensuring that the information provided to Offshore Bank Corporation is correct. The client also represents to Offshore Bank Corporation that assets or funds introduced to a Company do not represent either directly or indirectly the proceeds of a crime or other illegal activity. In order to enable Offshore Bank Corporation to meet its legal obligation, the Client shall keep Offshore Bank Corporation fully and promptly informed of any changes in the beneficial ownership, shareholding and officers of the company.
The Client is obliged to provide the following at the time of the signature of documents :
And in any event, to immediately inform Offshore Bank Corporation of any changes relating to the documents mentioned above, its legal form and its corporate purpose, as well as any changes pertaining to the name and personal address of the persons who have the power to bind the company.
The Client agrees to pay the fees charged by Offshore Bank Corporation. Offshore Bank Corporation schedule of fees can be found in the price list available on the website of Offshore Bank Corporation (www.offshorebankcorp.com). In addition to the fees mentioned on the website, the Client agrees to pay any out-of-the-pocket expenses in particular, but not limited to, those incurred in convening or attending meetings of the directors, shareholders or secretaries, calling or attending any extraordinary general meetings of the company, preparing any forwarding any notice or statement and all other like expenses.
Offshore Bank Corporation starts an execution phase only after the receipt of the full payment of the fees. All fees and charges are payable in the currency nominated by Offshore Bank Corporation, which is usually US Dollar. The Client is not authorized to withhold fees and interests due to any service, guarantee or liability-related claims. In the same manner, any right of off-set on the part of the Client is hereby excluded.
The Client shall owe Offshore Bank Corporation a one-time fee for its service regarding the opening of a bank account. This set-up fee can be changed at any time without prior notice. The set-up fee is quoted in US Dollar (USD). The client will pay the set-up fee before Offshore Bank Corporation begins the performance of the service
The Client is expressly informed that Offshore Bank Corporation may receive from the Bank finder's fees or retrocession of the banking fees requested from the Bank in connection with activity of the account (such as inter alia fiduciary deposit commissions, net brokerage fees, securities administrations fees, in-house discretionary management mandate fees). The amount of such retrocession will have no effect on the banking fees. By accepting the present Terms of Business, the Client expressly renounces to claim the payment of such retrocession. The Client is free to request from Offshore Bank Corporation any available information on the nature, amounts or whatsoever related to the retrocession.
The Client and Offshore Bank Corporation may send to each other instructions, notices, documents or any other communication either by mail, email or by fax, PROVIDED ALWAYS, that Offshore Bank Corporation may send fee notes by email message attachment. The Client and Offshore Bank Corporation shall keep all instructions, notices, documents or any other communication as a matter of proof. Each communication shall be addressed, if to Offshore Bank Corporation, at its registered office or at such other address as Offshore Bank Corporation may, by notice in writing, notify to the Client from time to time and, if to the Client, at his/her address or at such other address as the Client may, by notice in writing, notify to Offshore Bank Corporation from time to time, including holding mail instructions that shall be agreed upon in writing. So that Offshore Bank Corporation may at all times be able to contact the Client should the need arise, the Client agrees to inform Offshore Bank Corporation immediately upon changing his/her address and email address or telephone/fax number.
Offshore Bank Corporation cannot be held responsible if the Additional Services cannot be set up. Offshore Bank Corporation’s liability regarding Additional Services is strictly limited to a duty of care in selection, instruction and supervision of its affiliated companies or any other third parties.
Damage or loss resulting from the use of postal services, telegraph, telex, fax, telephone, other means of communications or means of transportation, especially loss resulting from delay, misunderstanding, mutilation, abuse by third parties or duplication of copies, shall be borne by the Client, unless Offshore Bank Corporation has acted with gross negligence.
In the specific case of a bank account opening support, Offshore Bank Corporation is a third party to the relationship between the Bank and the Client. Therefore, under no circumstance can Offshore Bank Corporation be held responsible of the relationship between the Bank and the Client. Offshore Bank Corporation has no authority to act and does not purport to act as an employee, representative or officer of any Bank and/or to sign on behalf or otherwise incur any liability of any sort on behalf of any Bank.
The service ends with the opening of the account by the Bank and all relations thereafter are between the Client and the Bank.
Any Client can decide to cancel his/her application in the three (3) calendar days following his/her application for the opening of a bank account. The Client will receive a full refund of the Services fee minus courier charges if the following three conditions are met: (i) the Bank with the assistance of Offshore Bank Corporation is not able to arrange appointment for the Client and Bank AND (ii) Offshore Bank Corporation or the Bank has received all the necessary documents duly completed by the Client, including a copy of the Client's valid identity document which has been authenticated according to the exact instructions of the Agreement conduct with regard to the exercise of due diligence and any document which Offshore Bank Corporation has requested from the Client, such as but not limited to credit card statement, utility bills, work contract, Certificate of Incorporation or other evidence of the economic origin of the funds AND (iii) the request for the refund after the payment of the services by the Client.
NO REFUNDS WILL BE OFFERED, FOR ANY REASON, IF THE CLIENT DECIDES TO CANCEL HIS/HER/ITS APPLICATION AFTER THREE CALENDAR DAYS
To execute the services, Offshore Bank Corporation reserves the right to engage subcontractors who are within its authority. Rights and obligations of the Client resulting from any agreement can only be transferred to third parties with the written consent of Offshore Bank Corporation.
If you have any questions, please contact us by email or regular mail at the following address: