Terms of Service. Terms of Service

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Terms of Service. Terms of Service

Offshore Express. Terms of Service (English Version)

Offshore Express follows the recommendations of AML and KYC “Know Your Customer” in accordance with current international and domestic regulations and follows the principles of Due Diligence in the same way as registration agents, financial institutions, audit, legal and accounting firms and other entities do under  Anti Money Laundering legislation, the recommendations of FATF  and Basel III the Basel Committee on Banking Supervision, which contains guidance on banking regulation, as well as regulations imposed by the specific country of registration of the non-resident company, the most important of which are:

DEFINITIONS

Beneficial Owner (Client) — an individual or legal entity that, directly or through its representative, instructed Offshore Express to register a company or instructed it to acquire a company from third parties, owns this company and its property, and benefits from the activities of this company.

Appointed Person — a person authorised by the client (in writing) and introduced to Offshore Express, responsible for resolving specific matters relating to the client and the company’s activities.

Professional Intermediary — a lawyer, accountant, investment adviser, trustee or other professional acting on the client’s instructions.

Services — actions performed by Offshore Express in relation to the client’s company, including company registration, management, provision of registered agent, secretary, nominee director or shareholder, trustee services, representation before a bank, consulting and other similar services.

GENERAL PROVISIONS

All instructions and applications relating to the client, the client’s company or services provided by Offshore Express must be supplied by the client in writing.
Notices from Offshore Express regarding services provided are deemed received by the client if they were sent to the postal address, email address or fax number supplied by the client to Offshore Express.

Offshore Express is not liable for failure to carry out instructions received from the client, or any part of them, and is also not liable for the consequences of failure to receive or late receipt of instructions from the client for any reason.

Offshore Express reserves the right to read or review correspondence, documents or other information received at the Offshore Express office in the client’s name.

No written or oral arrangements that the client believes were reached between the client’s company and Offshore Express may conflict with these Terms of Service.

Offshore Express is released from all obligations if the client breaches these terms, if it becomes known that the client’s company is being used for activities different from those stated in the order form or for activities without the appropriate licence, or if it becomes known that the client supplied false information regarding any aspect of the company’s activities.

Offshore Express is not liable for losses or damages of the client, the client’s company or a third party arising as a result of services provided by Offshore Express.

Offshore Express reserves the right at any time to refuse cooperation or suspend services to the client without prior notice or giving reasons.

CLIENT OBLIGATIONS

The client is responsible for obtaining advice on tax, management and other legal matters relating to the activities of the client’s company.
Offshore Express may introduce specialists to the client to address these matters, but is not obliged to provide advice on tax, management or other legal aspects of the client’s company. Offshore Express is also not liable for the quality or validity of professional advice received from specialists introduced by Offshore Express to the client.

The client undertakes to provide Offshore Express with a signed order form and beneficial owner declaration containing all necessary information. Where possible, the client also provides other information required by banks, intermediaries or third parties involved in the process of providing Offshore Express services to the client.

The client undertakes to provide Offshore Express with correct contact information and instructions regarding matters relating to the client’s company, as well as a list of required services.
This includes, among other things, informing Offshore Express about transaction details, providing copies of company agreements and contracts, and timely notification of any client actions that may lead to undesirable or legal consequences.
Offshore Express is not liable for consequences arising from incorrect information provided by the client.

The client undertakes not to involve the company in any activity that conflicts with the laws of the jurisdiction where the activity is carried out, or with the laws of the country where the client is resident and/or a taxpayer, or in activities connected with restrictions imposed by existing sanctions concerning countries or particular regions of countries, embargoes or direct prohibitions. The client understands and agrees that the client alone is responsible for determining the legality of the company’s activities and that Offshore Express is not liable for unlawful actions taken by the client personally or on behalf of the company.

The client bears full responsibility for all financial obligations of the company. The client agrees that Offshore Express is not responsible for the financial obligations of the client’s company.

The client releases Offshore Express, all affiliated companies, as well as directors, employees and agents, from any claims, liabilities and payments (including payments under court judgments) connected with performance of these terms and the services provided to the client or the client’s company.

CLIENT AND COMPANY INFORMATION

Offshore Express guarantees the confidentiality of information about the client and the client’s company obtained in the course of providing services, including names, company names, contact information and any other information about the client or the company.

Information supplied by the client or obtained by Offshore Express while providing services is kept in a secure place accessible only to authorised Offshore Express employees.

Offshore Express guarantees that such information will be used only for the purposes for which it was supplied.

Information about the client and the company may not be transferred to third parties without the client’s written consent or used for purposes other than those for which it was supplied.

NOMINEE SHAREHOLDERS, DIRECTORS AND REGISTERED OFFICE

Directors provided by Offshore Express to the client are required at any time to consider the client’s request concerning the client’s company or the services provided. However, the client may not require directors provided by Offshore Express to perform actions that may be considered inappropriate, unlawful or unethical.

Termination of the services of directors provided by Offshore Express to the client is carried out on the basis of a written request from the client.

Nominee shareholders provided by Offshore Express sign a declaration of trust in favour of the client or a person authorised by the client for this purpose, in respect of shares legally held by the nominee shareholder.

Offshore Express or the registered agent in the relevant jurisdiction may change the company’s registered office, which may result in a change of the mailing address of the client’s company. Offshore Express notifies the client in advance of such actions. The client agrees that Offshore Express is not liable for client expenses connected with a change of registered office.

FEES AND PRICES. PAYMENT FOR SERVICES

The client undertakes to pay all discussed and agreed service fees upon receipt of an invoice from Offshore Express, provided that the services have been supplied. The client undertakes to pay Offshore Express for services in advance unless another arrangement has been reached between the client and Offshore Express. The client agrees that Offshore Express is not liable for penalties imposed on the client or the client’s company.

The client is solely responsible for timely informing Offshore Express that the company has ceased activity or of a decision to discontinue Offshore Express services. If such information is not provided on time, the client is responsible for the resulting consequences.

OTHER PROVISIONS

These terms may be changed only with the written consent of Offshore Express.

These terms must be understood and interpreted in accordance with the laws of the United Kingdom. All disputes and disagreements arising in connection with compliance or non-compliance with these terms are settled and resolved in accordance with the arbitration laws of the United Kingdom. To avoid disagreements, the client and Offshore Express agree that decisions of the arbitration tribunal will be binding on both parties.

For all Directors, Secretaries, Shareholders and Beneficial Owners, the Client must provide annually information certified by a notary (lawyer), an auditor or bank and translated into English:

  1. Proof of Identity — a copy of the internal passport and passport for travel abroad.
  2. Proof of Address — confirmation of the residential address (registered address) in the form of a Utility Bill or another document serving this function.
  3. Bank Reference Letter — a bank recommendation in the form of a bank reference letter.
  4. Professional Reference Letter — a reference letter from a licensed law, audit, legal or other professional firm.
  5. Curriculum Vitae — CV / résumé.

Each Beneficial Owner must sign letters releasing Nominee Directors and Shareholders from liability in English — where Nominee Directors/Secretaries/Shareholders are used — and a Beneficial Owner Declaration confirming that the above company, of which the client is the beneficial owner, will not be used in any of the following cases:

  • for money laundering;
  • to obtain profits from illegal drug trafficking;
  • to obtain benefits from criminal activity;
  • for terrorist purposes or purposes connected with military activity;
  • to conduct any other illegal activity or activity requiring a licence or subject to regulation in the jurisdiction of incorporation of the company;
  • for any business with countries or regions of countries whose business may from time to time be subject to international sanctions imposed by the EU, USA, UN or another relevant organisation;
  • to carry out actions that may compromise Offshore Express and its employees or that are immoral from the standpoint of public morality, including any services and online services in the adult entertainment sector (adult business), financial pyramid or HYIP structures, services involving the sale of prescription and controlled medicines, sale of generics, sale of copies of goods bearing registered trademarks (replica), sale of cigarettes, tobacco or alcohol, and any activity connected with online distribution of digital content that infringes copyright.

By purchasing a company or ordering company registration or renewal services from Offshore Express, the client unconditionally agrees with the above and, in connection with nominee directors and shareholders exercising management powers and holding the company’s shares, undertakes and agrees to comply with the following:

  • throughout the service period, the client fully releases Offshore Express from liability for costs and losses that may periodically arise from or in connection with provision of the service, or in connection with any actions taken or not taken by you as director, secretary and nominee shareholder of the company, as well as from any actions, complaints, claims and expenses that may arise from your acting in that capacity.
  • the client and persons authorised by the client will not give you instructions to take actions that conflict with the laws of the United Kingdom or any other country in whose jurisdiction the company is located, or instructions whose execution may expose Offshore Express to any liability;
  • to pay in a timely manner all fees and necessary expenses connected with performance of the service provided, as agreed from time to time (if the cost of services is not agreed on time, you may discontinue these services at your discretion);
  • oral and written instructions may be transmitted by telephone, fax, telex, email, regular mail or another method, and you may act on the basis of these instructions without any liability or obligation on your part, and we undertake to authorise all steps taken by you to carry out these instructions.
  • the agreements and obligations accepted by us here are also accepted by our administrators, executors and authorised representatives in the regions.

Offshore Express reserves the right to refuse registration / sale / renewal of a Company at its discretion.

Additional Due Diligence information: Compliance@llc.com.ua