Terms and conditions

Offshore Company SolutionsTerms and conditions

UPDATED 2 DECEMBER 2018

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS AND CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN YOU AND OFFSHORE COMPANY SOLUTIONS WHICH COMES INTO EFFECT AT THE TIME WHEN YOU TICK THE BOX BESIDE “I HAVE READ AND AGREE WITH THE TERMS AND CONDITIONS” AND CLICK ON “REGISTER”. BY CONTINUING TO USE THIS WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS YOU SHOULD NOT USE THIS WEBSITE. YOU SHOULD SEEK THE ADVICE OF A LEGAL ADVISOR IF YOU ARE IN ANY DOUBT AS TO YOUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT. FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS MAY RESULT IN THE SUSPENSION OF YOUR ACCOUNT AND/OR LEGAL PROCEEDINGS BROUGHT AGAINST YOU, AT THE DISCRETION OF OFFSHORE COMPANY SOLUTIONS.

GENERAL
1. In these Terms and Conditions (“T&C”), “You” and “Your” shall refer to any person who uses the website https://www.offshorecompanysolutions.com (the “Website”).
2. These T&C shall govern the usage by You of the Website and shall constitute a legally binding agreement (the “Agreement”) between You and Offshore Company Solutions (“OCS”) which shall immediately come into effect once you tick the box beside “I have read and agree with the Terms and Conditions” and click on “Register”. By ticking the “I have read and agree with the Terms and Conditions” box and clicking on “Register” You acknowledge that you have read, understood and agree to be bound by the T&C of this Agreement.
3. OCS reserves the right to amend these T&C at any time without notice. Such amendments shall become effective immediately upon being posted on the Website. It is Your sole responsibility to be aware of the latest T&C. Whenever amended T&C are posted on the Website, the date of posting shall appear at the top of the T&C, thus enabling You to easily identify any changes. By continuing to use the Website after any such amendment to these T&C You acknowledge that you have read, understood and agree to be bound by the amended T&C.
4. These T&C are published in English and may be translated into other languages for information purposes and for Your convenience. In the event of any discrepancy between the English version and that of any other language, the English version shall prevail and shall form the basis of the legal relationship between You and OCS.
5. This Website is operated by Mercury Consulting Pte Ltd (“Mercury”), a company incorporated in Singapore under registration number 201542482H and having its registered office at 3 Killiney Road, #07-09 Winsland House, Singapore 239519.
6. The various services offered through the website may be provided by Mercury or by any third party associated with Mercury.
LEGAL REQUIREMENTS
1. You must be at least 18 years of age or, if higher, the minimum legal age applicable in Your country of residence in order to be able to enter into a legally binding contract before You may use this Website.
2. You may not use the Website if the laws of Your country of residence prohibit You from using the services promoted by the Website. By continuing to use the Website You represent and warrant that You are not prohibited from using the services offered by the Website by the laws of Your country of residence.
3. The availability of the Website shall not be construed as an offer or invitation for the use of the Website or the services promoted by the Website in any country in which such use may be considered illegal. You shall be solely responsible for determining whether Your use of the Website is legal in Your country of residence.
4. The services of OCS are not available to citizens or residents of Afghanistan, Cambodia, Congo, Cuba, Eritrea, Ghana, Iraq, the Islamic Republic of Iran, Latvia, Liberia, Libya, Myanmar, Nigeria, North Korea, Pakistan, the People’s Democratic Republic of Laos, Saudi Arabia, Somalia, Sudan, the Syrian Arab Republic or Yemen (collectively the “Restricted Regions”). Citizens or residents of any Restricted Region are not allowed to register with OCS and should not use the Website.
YOUR USER ACCOUNT
1. You will be required to register a user account (the “User Account”) on the Website before You may use the services of OCS.
2. A User Account may be opened by completing and submitting the online registration form on the Website. OCS reserves the right to refuse to open a User Account for any reason whatsoever at its discretion and shall not be obliged to disclose the reason for such refusal. In the event that OCS decides not to open a User Account for any reason whatsoever, any payment for services which You may have made at the time of opening Your User Account shall be refunded to You, subject to a handling fee not exceeding €100 which OCS shall be entitled to apply.
3. You must ensure that all mandatory information is entered into the online registration form and You warrant that all such information is true, complete and up-to-date. OCS is obliged to verify Your identity and the information provided by You and for this purpose shall request You to provide documentary evidence such as a copy of Your passport, identity card, driving licence, utility bill or any other document which may be considered appropriate. OCS may choose to use the services of third parties to verify the information provided by You. In the event that You fail to provide any information or documentation requested or if any such information or documentation is found to be false or misleading, OCS reserves the right to lock or suspend Your User Account at its absolute discretion.
4. During the registration process You will be asked to create a username and password for logging into the Website. It is Your sole responsibility to ensure that Your username and password are kept secure and confidential at all times and that these are not disclosed to any third party. OCS shall not be held responsible for any abuse of Your User Account arising from any unauthorised use of Your username and/or password by any third party.
5. OCS reserves the right to lock, restrict access to or suspend Your User Account in order to carry out maintenance of the Website; or to comply with court orders or requests received from law enforcement agencies; or to comply with any applicable law or regulation; or to defend any actual, threatened or potential legal action; or to assist with any dispute resolution process; or to avoid any civil or criminal liability on the part of OCS or any person related to it; or to carry out any fraud or abuse investigation.
USE OF WEBSITE
1. The Website is protected by international copyright and/or other intellectual property laws. You may only use the Website for Your own personal use in accordance with these T&C and in accordance with all applicable laws, rules and regulations.
2. You shall not harm the Website by purposely or negligently introducing viruses, trojans, worms or other material which is malicious or technologically harmful. You shall not attempt to gain unauthorised access to the Website, the servers on which the Website is stored or any server, computer or database connected to the Website. You shall not effect or organise a denial-of-service attack against the Website. You shall not attempt to modify or alter any part of the Website. Any such actions on Your behalf may constitute a criminal offence and shall be reported by OCS to the relevant law enforcement authorities, to whom Your identity shall be disclosed and with whom OCS will co-operate in full in order to assist in an investigation. OCS shall have the right to lock or suspend Your User Account if it suspects Your involvement in any such actions.
3. While OCS shall use its best endeavours to ensure that the Website is accessible and operational at all times, You acknowledge and agree that there may be instances from time to time when You are unable to access or use the Website for reasons such as periodic maintenance, technical malfunctions, telecommunication failures, denial-of-service attacks or any other cause. You acknowledge and agree that OCS is unable to provide uninterrupted use of the Website and OCS shall not be liable for any loss which You may suffer as a result of Your being unable to access or use the Website.
4. The Website may contain links to third party websites which are not owned by OCS and over whose content OCS has no control. You acknowledge and agree that OCS shall not be liable for any loss which You may suffer as a result of Your accessing and using any such third party website.
5. You acknowledge and agree that the services provided through the Website may be provided, in whole or in part, by independent contractors or third party service providers.
6. You shall not use the Website or the services provided through the Website for the purpose of or in relation to any activity which is illegal, immoral or unethical, including but not limited to money laundering, terrorism, dealing in arms or ammunition, violence against people or animals, drug trafficking, prostitution, pornography or sexual exploitation of children.
CLIENT OBLIGATIONS
1. You shall ensure that all corporate entities established and/or administered through OCS will comply with all laws and regulations of any government or legal body having jurisdiction over such corporate entities and that they will not be used for any illegal purpose.
2. You shall ensure that all funds or assets introduced to any corporate entity established and/or administered through OCS are Your own lawful property and are not connected with any form of illegal activity. You further undertake to promptly provide full details of the source of such funds or assets upon request by OCS.
3. You shall at all times ensure that OCS is fully informed of the nature of the business and activities of any corporate entity established and/or administered through OCS and shall not make any material changes to such business and activities without obtaining the prior written consent of OCS.
4. You agree to promptly provide to OCS all agreements, contracts, financial records or other documents or information requested by OCS in relation to any transaction, asset, business or activity of any corporate entity established and/or administered through OCS.
5. You undertake to immediately inform OCS of any matter or event which may affect any corporate entity established and/or administered through OCS and which could possibly influence the willingness or ability of OCS to provide or to continue providing any service in relation to that corporate entity.
6. If You request OCS to provide officers to any corporate entity, then You shall ensure that such corporate entity will hold sufficient funds at all times which will enable it to discharge all its financial obligations as and when they become due.
7. If You request OCS to provide director services to any corporate entity, then You undertake to promptly provide to OCS all agreements, contracts, financial records or other documents or information requested by OCS which will allow OCS to prepare financial statements or other statutory returns in relation to such entity.
8. You undertake to immediately notify OCS in writing of all actual or threatened legal proceedings, claims or demands against any corporate entity established and/or managed through OCS.
9. You shall give OCS at least 90 days’ advance notice in writing of Your intention to terminate this Agreement.
PAYMENT OF FEES, REFUNDS
1. You agree to pay for all services ordered through the Website in full at the time of ordering such services using any of the payment methods provided by the Website. OCS shall not be obliged to provide any services to You until OCS has received payment in full of all fees and disbursements applicable to those services.
2. Subject to the provisions of clause 3.2, all payments made to OCS are non-refundable.
3. Where You make payment to OCS for any fee note or invoice rendered by OCS, OCS reserves the right to apply any funds received first towards discharging any fees due to OCS and only thereafter towards payment of any government fees, duties, charges, taxes or other payments to third parties.
4. You acknowledge and agree that the provision of the various services offered by OCS involve a number of third parties, such as Registrars of Companies, other statutory bodies, registered agents, banks, payment processors, etc and that OCS has no control over the speed with which such third parties may discharge their functions. Consequently, the length of time which is required for OCS to complete the various services requested of it will often not be within the control of OCS. You specifically acknowledge and agree that the company registration timeframe indicated on the Website for the various types of companies is only an indication of the average length of time typically required between the date of submission of a company incorporation application with the respective statutory authority and the date when the company is incorporated. Under no circumstances is the company registration timeframe indicated on the Website to be considered as a commitment on the part of OCS as to the length of time in which a company incorporation order placed with OCS will be completed. You specifically acknowledge and agree that under no circumstances will any possible delay in the completion of services ordered by You through the Website entitle You to request a refund of any amount paid to OCS.
5. When paying by bank transfer, all charges shall be for Your account and not for the account of OCS.
PERSONAL DATA
1. You consent to OCS processing Your personal data and recording all telephone conversations, communications and details of transactions You carry out with OCS for the purpose of allowing You to access and use the Website.
2. OCS shall only use Your personal data in order to allow You to access and use the Website, to receive any of the services provided through the Website, to carry out verification procedures and operations ancillary to these functions and to comply with all applicable laws and regulations relating to the provision of the services requested by You through the Website.
3. OCS shall protect Your personal data and respect Your privacy in accordance with applicable laws. OCS shall not disclose Your personal data to any third party unless such disclosure is necessary for the purpose of carrying out Your requests or for verification procedures. OCS may release Your personal data in the event that it is required to do so by law. OCS may also be required to release Your personal data to business partners or associates who may have responsibility for carrying out certain functions within the operations of OCS. You consent to all such disclosures.
4. OCS and/or its business partners or associates may consider it necessary for Your personal data to be transferred from one jurisdiction to another in order to provide You with a more efficient service. You consent to such transfer of Your personal data.
5. OCS may be required to release Your personal data by law to such parties as fraud detection agencies and anti-money laundering bodies. You consent to all such disclosures.
6. You specifically acknowledge and agree that OCS shall be entitled to submit Your personal data, including recordings of telephone conversations, communications and details of transactions as evidence in any legal proceedings in which OCS or any of its officers, employees, business partners or associates may be a party.
7. In order to allow the Website to operate effectively, OCS may collect a small amount of information from Your browser, which is commonly called a cookie. You may disable cookies on Your browser if You so wish but should be aware that doing so could restrict Your use of the Website.
8. You shall have the right at any time to request OCS to provide You with all the personal data held on Your person by OCS.
LIMITATION OF LIABILITY, INDEMNITY
1. Under no circumstances whatsoever shall OCS or its officers, employees, business partners or associates be held liable to You or to any third party for any direct, indirect or consequential damages whatsoever arising or deemed to have arisen from or as a result of, without limitation, Your use of the Website; the content of the Website or any errors or omissions therein; any services provided to You through the Website or by OCS; any unauthorised access to the servers of OCS or the servers on which the Website is stored or any other server on which Your personal information or any information relating to any corporate entity related to You may be stored; any delay or interruption in operation of the Website; any loss or corruption of transmitted data; any viruses, trojans or other malicious software which may be transmitted as a consequence of Your using the Website; or any other loss or damages incurred whatsoever.
2. The Website may contain links to other websites which are operated by third parties. OCS shall not be held responsible for the content nor operation of any such websites.
3. You specifically agree that You shall be barred from commencing any action against OCS or any of its officers, employees, business partners or associates in respect of any loss or damages suffered by You if a period of more than one year has elapsed since the time of the cause of the respective loss or damages.
4. You specifically agree that any liability to You on the part of OCS shall under no circumstances exceed the amount paid by You in respect of the specific services provided to You by OCS, from which such liability shall arise.
5. You agree to fully indemnify and hold harmless OCS and its officers, employees, business partners and associates from and against any and all costs, losses, damages, claims and liabilities of any kind whatsoever and associated legal costs suffered by OCS or any of its officers, employees, business partners or associates directly or indirectly arising from Your use of the Website; any services provided to You by OCS; or any breach of any of the T&C of this Agreement on Your part and that this indemnity shall indefinitely remain in full force and effect after the termination of this Agreement or the services provided to You by OCS.
6. You acknowledge and agree that OCS does not provide taxation advice in relation to any of the services provided through the Website nor in any other circumstances. It shall be Your responsibility at all times to seek appropriate tax advice from suitably qualified professional advisors and You warrant that You have taken such advice with regard to the establishment and operation of any corporate entity through OCS. OCS accepts no liability for loss (including interest, penalties and legal or other professional fees) relating to taxation which You may suffer as a result of OCS providing any services to You.
7. You acknowledge and agree that OCS is subject to regulatory and other obligations in any jurisdiction in which a corporate entity is incorporated or in which it conducts business or in which OCS provides any services and that any action undertaken by OCS in order to comply with such obligations shall not constitute a breach by OCS of the terms of this Agreement.
8. You acknowledge and agree that OCS shall not be obliged to take any action nor comply with any instruction or request received from You which OCS considers to be unlawful or improper or which OCS considers in its absolute discretion to be contrary to the best interests of OCS or any corporate entity established and/or administered through OCS.
9. Nothing in this Agreement shall be deemed to confer any rights or benefits to any third party.
BREACH OF TERMS AND CONDITIONS
1. OCS shall have the right to block or close Your User Account and to suspend all services provided to You at its absolute discretion if You are in breach of these T&C; or where OCS has reasonable grounds to believe that such a breach may have taken place or that You are engaged in illegal activities of any sort; or for any other reason which OCS considers appropriate in order to protect its reputation and business interests
2. You acknowledge and accept that any decision of OCS as to whether You are in breach of these T&C shall be conclusive and You shall have no right to force OCS to continue to allow You to access the Website nor to obtain any services from OCS.
SUNDRY PROVISIONS
1. The contents and structure of the Website pages are subject to copyright and all rights are reserved. All text, files, images, code, graphics, animations, video, music, audio and links within the Website belong to OCS and no part of the Website may be reproduced, transmitted or stored on any media without the prior written consent of OCS. No links to the Website or any of the pages within the Website may be placed on any other website on the internet without the prior written consent of OCS.
2. https://www.offshorecompanysolutions.com is the uniform resource locator (“URL”) of OCS and any unauthorised use of this URL will result in prosecution. The Offshore Company Solutions logo is the intellectual property of OCS and any unauthorised use of this logo will result in prosecution.
3. OCS shall be entitled at any time to assign or otherwise transfer the rights and obligations arising out of these T&C, in whole or in part, to any party at its absolute discretion and You shall be deemed to consent to such assignment. You shall have no right to transfer nor assign any rights or obligations arising out of these T&C to any party.
4. These T&C constitute the entire agreement between You and OCS in relation to Your use of the Website and the services provided to You by OCS and shall supersede all prior discussions, communications, agreements, representations and/or understandings between You and OCS, whether in writing or verbal or electronic form.
5. The titles and headings of this Agreement are purely intended for convenience and ease of reference and shall in no way be used to interpret the provisions of this Agreement.
6. Should any provision of these T&C be found to be illegal or unenforceable, such provision shall be excluded from these T&C and all remaining provisions shall continue to have full force and effect.
7. Any notice given to You by OCS shall be sent to You at the most recent email address provided by You and shall be deemed to be received by You on the date on which it is sent by OCS. Any notice given to OCS by You shall be submitted through the internal messaging system available through Your User Account or, if Your User Account has been blocked or suspended or is otherwise unavailable, using the contact form provided at https://www.offshorecompanysolutions.com/contact-us/ and shall be deemed to be received by OCS on the date on which it is sent by You.
8. These T&C shall remain in force indefinitely until such time as Your User Account is permanently closed and all services provided to You by OCS have been terminated, with the exception of clause 8.5 which shall remain in force permanently.
9. This Agreement shall be binding upon the parties hereto and to their respective heirs, successors and assigns.
10. You acknowledge and accept that a printed copy of these T&C and of any notice given to You by OCS in electronic or any other form shall be fully admissible in judicial or administrative proceedings relating to these T&C.
11. These T&C shall be governed exclusively by English Law and the parties submit to the jurisdiction of the English courts.