General terms and conditions of Bank Solution:

1. Purpose and field of application:

1.1

The present general Terms and Conditions are intended to govern the commercial relationship between Orient Management Services (Orient Management Services) and their Clients (Client). Based on these Terms and Conditions, Orient Management Services will provide the Client with services relating to the opening of bank accounts (Opening a Bank Account) or market services for an on-line business requiring the acceptance of payment cards on its website.

This service qualifies as a mandate agreement/Contract within the meaning of articles 394 ff. of the Swiss Code of Obligations.

1.2

The present Terms and Conditions shall form an integral part of any agreement concluded between the Client and Orient Management Services, whether it is signed on-line or on paper (Contract). By concluding a Contract with Orient Management Services, the Client accepts the present Terms and Conditions. Services and Tariffs are listed on the Orient Management Services site (www.Bank-Solution.co.uk)

1.3

Any Terms and Conditions which deviate from, contradict or supplement these Terms and Conditions shall not become a part of any Agreement, unless otherwise specifically agreed in writing between the client and Orient Management Services.

1.4

In the event of conflict between the present Terms and Conditions and any Contract, the clauses of the Contract will prevail over the present Terms and Conditions.

1.5

Orient Management Services reserves the right to modify the Terms and Conditions at any time with immediate effect. The Client will be informed of these modifications by written notification. Amendments shall be deemed to have been approved by the Client, unless Orient Management Services receives a written objection within four weeks from the date of notification.

2. Content and Scope of the Services:

2.1 Opening of Bank Accounts

Orient Management Services may assist the Client in the context of opening a bank account. Within this context, Orient Management Services may propose a list of banks, but the Client remains responsible for the choice of bank. The Client may choose a bank from the list provided by Orient Management Services or a third party bank (Bank). The successful establishment of complementary services, such as credit cards, cheque books or Internet banking is not guaranteed. The Service may only be used for lawful purposes as dtermined by international law.

2.2 Validation of the Order

Before paying for the provision of services, the Client must first read the Terms and Conditions and validate their acceptance of them. The Contract is only considered signed after having been read, accepted and the total sum due has been paid.

2.3 Implementation of the Order

The order will not be implemented until payment has been received.

3. The Right to Refuse Services:

3.1

Orient Management Services reserves the right to refuse all or part of its services to a Client without offering reason or justification, and cannot be held responsible for such a refusal under any circumastances.

3.2 Refusal by the Bank

If the Client’s profile does not correspond with a bank’s criteria, Orient Management Services agrees to present their application to another bank. The Client cannot refuse the account or banking institution which is assigned to them. There is no obligation on Orient Management Services ito re-present the application if the Client refuses an institution and cannot provide any refund.

3.3 Refusal by a credit card processing company

If the Client’s profile does not correspond to the criteria held by a bank or credit card processing institution, Orient Management Services agrees to present their application to another institution. If the second institution refuses, then Orient Management Services is under no obligation to present the file a third time and the Client cannot claim any refund.

4. Legal Advice:

4.1

Whilst Orient Management Services aims to provide true and correct information on its services, it cannot provide legal advice. It is the Client’s responsibility to ensure they have obtained all the necessary tax and and legal advice with regard to establishing an off-shore account, and to verify that their activities do not contravene current laws in the jurisdictions concerned.

5. Legal Purposes:

5.1

The client guarantees that they will not use any of the rights accorded in any Contract for illgal, obscene, immoral or defamatory purposes and will not bring discredit upon Orient Management Services in any way. The Client must not use or associate themself with the name Orient Management Services in whole or in part for any business purposes. Orient Management Services reserves the right to comply with the official judicial authorities from the appropriate countries in the case of allegations against the Client of failure to comply.

6. Money laundering and Due Diligence:

6.1

The Client will provide Orient Management Services with all the information judged necessary by the latter to ensure that the Client is conforming with the applicable legislation concerning money-laundering and due diligence. It is the Client’s responsibility to ensure all information provided to Orient Management Services is correct. The Client must also declare to Orient Management Services that funds transeferred onto their bank account are not, either directly or indirectly, proceeds from a crime or any other illegal activity. In order for Orient Management Services to comply with its legal obligations, the Client must keep Orient Management Services fully and immediately informed of any change involving the economic beneficiaries of the account. The economic beneficiaries notified by the Client must sign a  « kyc formula » as required by the Convention relating to the due diligence of banks.

7. Client’s Obligations:

The Client must provide Orient Management Serviceswith all required documents for opening their bank account. The Client cannot make a claim for any reimbursement whatsover for the non-execurtion of services if they have not supplied documents required to open the account in question by Orient Management Services or the bank within the set time limit.

8. Fees and Payment Terms:

8.1

The Client agrees to pay the fees charged by Orient Management Services. The Orient Management Services scale of fees features in the list of tariffs published on the Orient Management Services website (www.bank-Solution.co.uk). Apart from the fees listed on the website, the Client agrees to reimburse all costs incurred, including costs involved in calling or participating in meetings of directors, secretaries or shareholders, the calling of or attendence at Extraorinary General Meetings of the company, the costs involved in forwarding notifications and declarations and all other such costs. Orient Management Services will only proceed to an execution phase after reception of all fees due. All fees and costs are payable in the currency designated by Orient Management Services, usually the British Pound. The Client is not authorised to retain fees and costs following claims relating to any service, guarantee or responsibility. Equally all right of compensation to the Client is excluded by these terms.

8.2 Opening a Bank Account

The Client is liable to Orient Management Services for a one-off fee for the provision of services relating to the opening of a bank account. These initial handling charges may be altered at any time without prior notice. The handling charges is quoted in British Pounds (EUR). The client must pay the handling charges before Orient Management Services begins the service. The Client may pay the handling charges by using a valid Visa or Mastercard payment card in their name, or by a bank transfer. Clients giving credit card details as a method of payment must accept that Orient Management Services will charge their credit card for the full sum of the handling charges for their chosen account plus the cost of delivery/courier if requested.

8.3 Opening a business account

The The Client is liable to Orient Management Services for a one-off fee for the provision of services relating to the opening of a business account. These initial handling charges may be altered at any time without prior notice. The handling charges are quoted in British Pounds (Sterling). The client must pay the handling charges before Orient Management Services begins the service. The Client may pay the handling charges by using a valid Visa or Mastercard payment card in their name, or by a bank transfer. Clients giving credit card details as a method of payment must accept that Orient Management Services will charge their credit card for the full sum of the handling charges for their chosen account plus the cost of delivery/courier if requested.

9. Communication and Instructions:

9.1

The Client and Orient Management Services may communicate instructions, notifications, documents or any communications other one to another by post, e-mail or fax. It is understood that Orient Management Services may send invoices for fees and costs in e-mail attachments. The Client and Orient Management Services must retain all communications (instructions, notifications, documents and any others) as proof of reception. All communications destined for Orient Management Services should be addressed to the registered company address or any other address which has been given to the client in writing. Comunications destined for the Client will be sent to their home address or to any other address that they have communicated to Orient Management Services in writing at any time. In particular, the instruction to use a Post Box service must be approved in writing. Orient Management Services must always be able to contact the Client at any time in case of need ; the Client therefore commits to inform Orient Management Services of any change of postal address, e-mail address or telephone and/or fax numbers.

10. Data Protection:

10.1

Orient Management Services, its directors, employees or agents are required to handle data confidentially. Despite all security precautions, data, including e-mail communications and personal financial data, may be seen by unauthorised parties during their transmission between the Client and Orient Management Services. The client agrees to use software produced by third parties, including but not limited to, browser software which employs a data security protocol compatible with that used by Orient Management Services.

11. Legal Incapacity:

11.1

The Client shall be liable for the risk of any damage resulting from the legal incapacity of themselves or their lawyers or any third party, unless this incapacity has been previously communicated to Orient Management Services in writing.

12. Liabilities:

12.1

Without any prejudice to any specific provisions, any damage resulting from an error or ommission by Orient Management Services, its directors, employees or agents, must be born by the Client unless Orient Management Services, its directors, its employees or agents are shown to have committed grave negligence, fraud or other liability not excluded under the applicable law (Swiss Code of Obligations, article 100). Orient Management Services shall not be liable for any loss suffered due to mechanical failure, strike, delay or any failure by any staff member, director or gatekeeper in the exercise of their duties.

12.2

Any damage arising from or caused by, either directly or indirectly, from the error, failure, negligence, an act or an omission issuing from any other person, system, institution or payment infrastructure will not be borne by Orient Management Services and the Client must take recourse against the institutions involved.

12.3

Orient Management Services cannot be held responsible if the Additional Services cannot be established. The liability of Orient Management Services for Additional Services is strictly limited to the choice, the instruction and the surveilance of associated companies and all other third parties.

12.4

Any damage or loss arising from the use of postal, telegraph, telex, fax, telephone or any other method of communication or methods of transport ; in particular loss resulting from delays, misunderstandings, deterioration, poor handling by third parties or the duplication of copies, will be borne by the Client unless Orient Management Services is shown to have acted with gross negligence.

12.5

In the specific situation of the opening of a bank account, Orient Management Services acts as a third party to the realationship between the Bank and the Client. Thus, Orient Management Services can in no way be held responsible for that relationship. Orient Management Services has no authority and cannot act as employee, representative or member of the management of the bank. Nor can they sign any declaration which might involve liabilty for any of the Bank’s proper responsibilities.

13. Length, termination and suspension of Services:

13.1

In the case of the Client breaching applicable laws or these present Terms and Conditions, Orient Management Services can terminate any Contract with immediate effect, including a Contract concerning dditional Services supplied by companies affiliated to Orient Management Services or third parties.

14. Opening a Bank Account:

The Service ends with the opening of the Bank Account and from then on all relations are between the Client and the Bank. Any Client may decide to cancel their request during the 7 calendar days following their request to open a bank account. The Client will receive a full refund of the set-up fee, less the costs of any courier services, if the three following conditions are met:

i. The Bank with the assistance of Orient Management Services is unable to open an account for the Client AND

ii. Orient Management Services or the Bank have received all the duly completed required documents, including a copy of the Client’s valid identity document, authenticated according to the exact conditions of the Convention concerning the due diligence of banks, and any other document required from the Client by Orient Management Services, such as, but not confined to, credit card statements, utility bills, employment contracts, certificate of incorporation or other proof of the economic origins of funds AND

iii. The refund request is made within 6 months of Orient Management Services sending the documents to the Client. This is the only case in which refunds are provided.

iv. NO REFUND WILL BE MADE  FOR ANY REASON  WHATSOEVER, IF THE CLIENT DECIDES TO CANCEL THEIR DEMAND AFTER 7 CALENDAR DAYS.

14.1 Closure of a bank account by the bank

The Bank may decide at any time to close a Client’s account. Whatever the grounds, the Client may not hold Orient Management Services ??? for this closure. Orient Management Services will bear no charges or liability for any consequences of such a closure.

14.2 Insolvency

It is the Client’s responsibility to verify the solvency of the financial establishments to which they entrust their funds. Orient Management Services cannot be held responsible for the insolvency of a financial establishment and Orient Management Services cannot be involved in any way.

15. Severance:

15.1

If any clause in these present Terms and Conditions is, or may become, by written law or is judged by a Court, Administrative Body or any other competant jurisdiction to be illegal, invalid, prohibited or inapplicable , then that clause shall be deemed inoperative to the extent of such illegality, nullity, invalidity, prohibition or inapplicability. The other clauses will remain in force.

16. Transfer:

16.1

Orient Management Services reserves the right to engage subcontractors who remain under their authority. The Client’s rights and obligations resulting from a Contract cannot be transfered to a third party without the written consent of Orient Management Services.

17. Applicable Law and Jurisdiction:

17.1

All relations between the Client and Orient Management Services is governed by Swiss law, independant of private international law.

17.2

The sole venue for ensuring the legal obligations of all parties and for any legal proceedings is In Geneva, Switzerland, where Orient Management Services has its registered office.

17.3

However Orient Management Services is also entitled to take action against the Client at the Client’s place of residence or before any other competent Court or Authority ; Article 17.1 of the present Terms and Conditions is expressly reserved.

BANK-SOLUTION.CO.UK - ORIENT MANAGEMENT SERVICES LTD
Greg Tower 4th Floor - 7 Florinis Street
1304 Nicosia - Cyprus
Phone: +44 (0)20 7048 3863
E-mail: info@bank-solution.co.uk


 

 

 

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