Terms and conditions of use Kontaxal IBC
The present terms and conditions of use (hereinafter, "General conditions") govern, along with the privacy policy, access and use by the user of the website accessible through the domain kontaxal.com (hereinafter, "Website"). Through the acceptance of these terms and conditions of use, the user states that:
1. He/She is of legal age, 21 years old
2. He/She has read, understood and comprehended what is stated here.
3. He/She assumes all the obligations and responsibilities set forth in the Privacy Policy, Terms and Conditions of use.
The use of this website attributes the condition of user of the website (hereinafter, “The user”) and implies acceptance of all the terms and conditions contained in these General conditions. The user must read carefully these General conditions of use each time he intends to access the website since it and these may be modified. Unless otherwise indicated, and with the condition that it complies with all the obligations indicated in this acceptance of our terms and conditions of use. The user is not authorized to copy and print the content, images, pdf and any functionality of kontaxal.com to distribute and/or modify the contents of this website to third parties.
The owner of the website reserves the right to make, at any time and without prior notice, any modification or update of its contents and services, of these general conditions and, in general, of all the elements that make up the design and configuration of the website. Similarly, the owner of the website reserves the right to temporarily or permanently suspend the provision of any service offered through the website or, even, simple access to it. These terms of use apply to the specific website kontaxal.com, whether global, national, regional or specific practice that you are visiting within kontaxal.com, before clicking on the terms of use section. This individual website refers to these terms of use as “Terms of Use”.
By browsing this website, the user is consenting to its terms of use. If the visitor does not agree with it, he/she is not authorized to continue browsing this website and must immediately abandon the kontaxal.com website.
Satisfaction guarantee
www.kontaxal.com is committed to providing its users with a high quality service. For this, our services are constantly improved and updated. We do not offer services until we can ensure its accurate functioning. In this way, our clients only pay for services that meet all the requirements and have been tested for proper running.
Kontaxal IBC provides administrative services for companies through law firms located in different jurisdictions, coordinating their activities through service agreements.
The existing rules require Kontaxal IBC to incorporate in its working activity an international standard "Due dilligence" every time when it comes to accepting a new client. This is done with the aim of being able to denounce and keep out of our clientele physical persons or legal entities that are engaged in money laundering or other illicit activities. We are convinced that by carrying out this practice we also protect the good reputation of our clients. The strict compliance of laws, regulations and in general any regulations referred to "due diligence" are a necessity that seeks the best interests for our clients.
To comply with the local legislation of the jurisdiction in which the client has his company, Kontaxal.com is committed to the principle of "Know Your Client". This means that we are going to need some information and documentation from the potential client before accepting a new project.
Any illegal activity detected during uses of companies, bank accounts, virtual cards and payment gateway leads to an automatic rejection of the project and closure of the contracted service.
Purpose and scope of application
1. These Terms and Conditions are intended to govern trade relations between Kontaxal IBC and its client (hereinafter, "Client"). On the basis of these Terms and Conditions, Kontaxal IBC must provide its Client with various services such as setting up offshore companies (hereinafter, "Company") and other related services ("Additional Services") in addition to assistance with opening bank accounts ("Opening of bank accounts").
2. These Terms and Conditions are an integral part of any contract between the Client and Kontaxal IBC for the implementation of Kontaxal IBC order Form, whether it is being an online application form or written ("Contract"). By signing a contract with Kontaxal IBC, the Client accepts these Terms and Conditions. The list of prices and services is available on Kontaxal IBC website (www.kontaxal.com).
3. Any commercial condition that would differ, contradict or replace these Terms and Conditions shall not form part of the Contract, unless agreed in writing between the Client and Kontaxal IBC.
4. In case of conflict between these Terms and Conditions and a Contract, the terms of a Contract shall prevail.
5. Kontaxal IBC reserves the right to change the Terms and Conditions at any time with immediate effect. The Client shall report such changes by written notice. Unless Kontaxal IBC receives a written objection in relation to changes within four weeks from the date of being notified, the modifications will be considered as approved by the Client.
Content and scope of services
Company formation and additional services
6. Kontaxal IBC can offer business services to its Clients in specified jurisdictions listed on the website of Kontaxal IBC (www.kontaxal.com). Kontaxal IBC can also arrange the supply, either through its subsidiaries or third parties, for additional services such as the supply of candidates for directors and shareholders, commercial Internet accounts, company logo, company stamp, company seal, power, authentication and apostille of documents. "Affiliates", under Kontaxal IBC, refers to a subsidiary or a holding company of Kontaxal IBC, or any other subsidiary of that holding company.
7. All additional services are provided on the basis of a specific agreement between the Client and a Provider, with the exception of stamps, seals, logos and the authentication and apostille. Bank account opening
8. Kontaxal IBC can offer assistance services in relation to the opening of a bank account for the Client. In this framework, Kontaxal IBC may propose to the Client a list of banks, but the responsibility of the bank's choice is exclusive to the Client. The Client may choose a bank from the list provided by Kontaxal IBC or another bank ("Bank"). The provision of complementary services such as credit cards, check books or Internet banking access is not guaranteed and is provided "as is". The service can only be used for legal purposes as established by the English laws. Kontaxal IBC is not responsible for the decline of personal or corporate bank account opening, or rejection of other products or services that the bank can offer to the Client. In case of refusal on the part of the bank we would proceed to change the banking entity or jurisdiction according to the Client´s needs. In case if the Client is not satisfied with the changes we will return the entire amount except of 25% of a total amount for administrative management.
Right to deny services
9. Kontaxal IBC reserves the right to deny any or all services to any Client without giving any reason or explanation to it, and shall not be liable in any circumstances for the denial.
Legal advice
10. While Kontaxal IBC makes every effort to provide loyal and accurate information in all of its services, it doesn´t not offer legal and tax advices. The Client is responsible for ensuring that it has the necessary legal and tax knowledge regarding the registration and operation of the Company, and that the activities do not violate the laws of any competent jurisdiction.
Legal Purposes
11. The Client warrants that it will not take for granted the use of any rights in the Contracts for illegal, obscene, indecent or defamatory purpose, and with that not damage the reputation of Kontaxal IBC. The Client shall not use or combine in any manner the name of Kontaxal IBC, in whole or in part, for business purposes. Kontaxal IBC reserves the right to cooperate with any official investigating authority if it is required in relation to an allegation of irregularities against the Client.
Provisions against money laundering and due diligence
12. A Client must provide Kontaxal IBC the information that Kontaxal IBC considers necessary to ensure that the Client complies with the applicable laws regarding money laundering and due diligence. The Client is responsible for ensuring that the information provided to Kontaxal IBC is truthful. The Client declares to Kontaxal IBC that the assets or funds brought into a company are not directly or indirectly derived from the collection of a crime or illegal activity. In order to allow Kontaxal IBC to comply with its legal obligation, the Client must keep Kontaxal IBC fully and timely informed of any change in beneficial ownership, ownership of shares and management positions of the Company. The effective holders indicated by the Client must sign the "Contracting Form" as requested in the Contract code of conduct for banks with respect to exercise of the due diligence.
Prices and payment terms
In general
13. The Client agrees to pay the fees charged by Kontaxal IBC. The fee schedule of Kontaxal IBC can be found on the website of Kontaxal IBC (www.kontaxal.com). In addition to the fees mentioned on the website, the Client agrees to pay other miscellaneous expenses, among others, those incurred in convening or attending meetings of the directors, shareholders or secretaries, calling or attending the extraordinary general company meetings, prepare or send any notification or statement, and other similar charges. Kontaxal IBC begins an execution phase only after having received the full payment of fees. All fees and charges must be paid in the currency specified by Kontaxal.com, which is usually the USD. The Client is not authorized to retain fees or interests due for any service, warranty or liability claims. Similarly, this document excludes the right to any deduction made by the Client.
New Client must pay the fees and charges in Cryptocurrency.
Company Formation
14. The Client must pay Kontaxal IBC a single establishment fee to allow the incorporation of the Company, in addition to the annual fees estimated by each jurisdiction. The Client shall pay Kontaxal IBC all other charges such as fees, taxes, government fees and other expenses of third parties, together with the fees of managers or designated shareholders, and transfer rates, including other expenses and various charges. The Client accepts the right of Kontaxal IBC to review the annual fees. All modifications to the rate structure will be notified to the Client at least one month before the start of the services corresponding to the period to which said rates apply. The Client may pay the due fees to Kontaxal IBC with a valid Visa or MasterCard card that is on its name, or by a bank transfer. The Clients who submit a credit card to Kontaxal IBC as a form of payment accept that the company charges the amount corresponding to the total fees or expenses, taxes or fees owed to Kontaxal IBC related to the service, plus all unexpected expenses or additional charges.
Bank Account opening
15. The Client must pay Kontaxal IBC a single fee for the service corresponding to the opening of a bank account. This fee may be modified at any time without any prior notification. The opening rate is quoted in USD. The Client must pay the opening fee before Kontaxal IBC begins with the account opening. The Client may pay the due amount with a valid Visa or MasterCard that is in its name, or by bank transfer. The Clients who submit a credit card to Kontaxal IBC as a form of payment accept that the company will charge them from this credit card the amount corresponding to the rate of opening the account service that they have chosen, plus the cost of courier service if requested.
Retrocession of the banking fees
16. The Clients has been expressly informed that Kontaxal IBC may receive from the Bank a commission or retrocession of bank charges requested to the Bank regarding the account activity (such as, among others, fees for trust deposits, net brokerage expenses, securities administration fees and internal discretionary management mandate fees). The amount of such retrocession will have no effect on bank commissions. By accepting these Terms and Conditions, the Client expressly gives up the right to demand the payment of the retrocession. The Client has a right to ask Kontaxal IBC for all available information about the nature, amount, or any other information related to the retrocession.
Communication and instructions
17. The Client and Kontaxal IBC may exchange instructions, notices, documents and any other statement by postal mail, email or fax, ALWAYS AND WHEN Kontaxal IBC can send notices about fees as attachments by electronic mail. The Client and Kontaxal IBC must keep all instructions, notices, documents or any other communication as evidence. The notices must be addressed, as appropriate, to the registered office of Kontaxal.com or any other address that Kontaxal IBC indicated in written to the Client or the Client's address, o any other direction that the Client has indicated in written to Kontaxal IBC. In order to ensure that Kontaxal IBC is able to contact the Client at any time whenever necessary, the Client agrees to inform Kontaxal IBC immediately about any changes in address, email address or phone/fax number.
Data protection
18. Kontaxal IBC, its directors, employees or agents must manipulate the data with total confidentiality. Despite all security precautions, data, including email communications and personal financial data, could reach unauthorized third parties when shared between the Client and Kontaxal.com. The Client agrees to use software manufactured by third parties, including, among others, the software navigation that supports a data security protocol compatible with the protocol used by Kontaxal IBC.
Legal incapacity
19. The Client shall assume the risk of all damages caused by the lack of proper legal capacity of his own, his lawyers or of third parties, unless said incapacity had been communicated in writing to Kontaxal IBC.
Responsibilities
20. Notwithstanding any specific provision, the damage caused by errors or omissions of Kontaxal IBC, its directors, employees or agents shall be borne by the Client, unless Kontaxal IBC, its directors, employees or agents have acted with gross negligence or intent to defraud, or any other liability that can not be excluded. Kontaxal IBC will not be liable for any loss caused by mechanical failure, strike, delay or failure of tasks by staff, a manager or an assistant.
21. Kontaxal IBC will NOT be responsible for the tax obligations of its clients in their country of residence and therefore can never be held accountable for this cause.
22. Damages of any kind caused directly or indirectly by error, failure, negligence, act or omission of any person, system, institution or facility of payment will be the responsibility of the Client.
23. Kontaxal IBC is not responsible for the impossibility of establishing additional services. The responsibility of Kontaxal IBC with respect to additional services is strictly limited to the legal obligation of selection, instruction and supervision of subsidiaries or third parties.
24. Damages or losses resulting from the use of postal services, telegraph, telex, fax, telephone or other means of communication or transportation, especially the losses caused by delays, misunderstandings, mutilation, abuse by third parties or duplication of copies shall be borne by the Client unless Kontaxal IBC has acted with total negligence.
25. In the specific case of opening a bank account,Kontaxal IBC is the third party in the relationship between the Bank and the Client. Therefore, in no case Kontaxal IBC will be responsible for the relationship between the Bank and Client.Kontaxal IBC has no authority to act or intend to act as an employee, representative or management of any Bank, or sign on behalf of any Bank, or incur any type of obligation on behalf of any Bank. Duration, termination and suspension of services
26. The Contracts have the duration established in them and will subsequently be extended automatically for successive periods equivalent to the duration of the initial term. In all other aspects, every Contract will be renewed automatically with the same terms and conditions. Both, Kontaxal IBC and the Client, may terminate any Contract on the date of termination established therein, or at the end of any extension or renewal period, by sending a written notice to the other party with a minimum two months in advance. The cancelation of the Contract shall be done without any prejudice to the rights and obligations of both parties arising prior to termination or arising in connection with any act or omission occurring prior to termination. The right of immediate termination for a just cause remains unchanged.
27. In case of violation of applicable laws or these Terms and Conditions by the Client, Kontaxal IBC may immediately cancel any Contract, including the Contracts related to the additional services offered by the subsidiaries of Kontaxal IBC or third parties. In such case, the Client must take all necessary measures to replace the positions that remain vacant in the Company as a result of such termination, plainly agreeing that Kontaxal IBC is not responsible for any damage incurred after an immediate cancelation of the Contract.
Company formation
28. Every Commercial operation contract of a Company has a duration of a full year. In the event that the Client terminates the Contract or requests Kontaxal IBC to transfer the management of the Company to another agent or corporate service provider, or to dissolve the Company, Kontaxal IBC will not transfer or dissolve the Company until all the expenses, charges or fees owed have been paid (including, but not limited to, government fees, taxes, fees and other expenses of third parties, with the fees of the directors or shareholders appointed and transfer rate of 750$).
Bank account opening
29. The service ends when the Bank opens the account. Thereafter all the relations are just between the Client and the Bank. The Client may choose to cancel his order for bank account opening within seven calendar days after placing it. The Client will receive a refund of 75% of opening fee if the following three conditions are completely met: (I) the Bank, with the assistance of Kontaxal IBC, can not open an account for the Client and (ii) Kontaxal IBC or the Bank have received from the Client all required documentation duly completed by the Client including a copy of the Client´s valid identity document, authenticated according to precise instructions from the Contract of the code of conduct of the Banks in the jurisdiction chosen for the establishment with respect to the application of due diligence, and any document that Kontaxal IBC has requested from the Client, such as, among others, credit card statement, utility bills, employment contract, certificate of incorporation or other evidence of the economic origin of funds, and (iii) the refund request was made during six months after Kontaxal IBC has sent all the documents to the Client. This is the only case in which the refund can be obtained. WE WILL NOT CONSIDER ANY REFUND FOR ANY REASON IF THE CLIENT DECIDES TO CANCEL ITS ORDER AFTER 7 (SEVEN) CALENDAR DAYS. Independence of the clauses 30. If by virtue of a written law or if a court, government agency or competent jurisdiction considers that any of the terms or conditions included in this present document are or may be illegal, invalid, prohibited or unenforceable, such terms or conditions will lose its validity according to its illegality, invalidity, prohibition or unenforceability. All other terms and conditions herein shall remain in full force.
Assignment
31. To carry out the services, Kontaxal IBC reserves the right to employ subcontractors that fall within its authority. The rights and obligations of the Client derived from any Contract may only be transferred to third parties with the written consent of Kontaxal IBC.
Jurisdiction and applicable legislation
32. All relations between the Client and Kontaxal IBC shall be governed by the English substantive law, independently of the regulations of private international law.
33.The place of application of the obligations of all parties and exclusive jurisdiction for all types of legal proceedings is established in Belize, a territory where Kontaxal IBC has its registered office. However, Kontaxal IBC also has the right to initiate actions against the Client, before any court or competent authority, at the Clients's place of residence. Limitation of liability regarding content
34.Kontaxal IBC, the owner of www.kontaxal.com, strives to provide useful and accurate legal information to its users. However, laws and procedures change frequently and are subject to varying interpretations. Kontaxal IBC does not guarantee that all information on this site is up-to-date. It is your responsibility to ensure that any information you read here is accurate, current and applicable to your situation. In addition, you must understand that if you want to receive a complete and specific legal advice, then you need the assistance of a lawyer.
www.kontaxal.com DOES NOT replace an advice of a professional. Its aim is to be a working tool and a simple first orientation for the user. Kontaxal.com recommends his Clients to verify the information presented on this website with an authorized source such as the professionals listed in our professional directory.
Return Policy
35. The only services eligible for the policy of return are: Payment Gateway and Bank Account with 25% discount of administrative expenses. The rest of the services such as Virtual cards, Constitution of offshore companies and our billing program will NOT be applied to any refund or claim.
Articles and Comments
36. The opinions expressed in articles and comments published on www.kontaxal.com, are exclusive of their authors and do not reflect the position of Kontaxal IBC nor of the companies, institutions or organizations in which these authors collaborate.
Copyright 37. All contents accessible at www.kontaxal.com are subject to intellectual and industrial property rights of Kontaxal IBC. All exploitation, reproduction, distribution, transformation or public communication of said contents must be expressly authorized by Kontaxal IBC. Only the right to visualize such contents is conferred provided that said right is exercised according to the principles of good faith and exclusively for the user's personal information. The "framing" (the visualization of a website within another) of www.offshore.finance is expressly prohibited.
UPDATED APRIL 08,2021