Terms and Conditions
Offshore Affairs
1.0 Purpose and Scope of Application
1.1 These Terms and Conditions will govern your use of this website (https://www.offshoreaffairs.com/ hereinafter referred to as Offshore Affairs for the effects of these terms) and the provision of any service provided to You as a “Client” of “Offshore Affairs” in case of the absence of an written and express Service Agreement.
1.2 In case there is a written and express Service Agreement between You and Offshore Affairs, the terms contained herein shall supplement any loophole in such Service Agreement. If there is a contradiction or conflict between these terms and your Service Agreement, the provisions in the Service Agreement shall prevail.
1.3. Offshore Affairs reserves the right to amend these Terms at any time, and such changes shall have immediate effect. Offshore Affairs may provide notice of such amendments by publishing a notice in the platform homepage, and the amended terms shall only apply to new clients, or new services in cases of existing clients.
1.4 YOU MUST CEASE TO USE THE WEBSITE OR ENGAGE ANY SERVICE PROVIDED BY US IN CASE YOU DO NOT AGREE TO ANY TERM AND CONDITION CONTAINED HEREIN.
2.0 Scope of the Services
Counseling
2.1 Counseling Service may cover (1) where to incorporate or form your company based on your specific needs and situation; (2) international tax planning counseling; (3) asset protection counseling; (4) offshore company management counseling; (5) offshore banking counseling.
Company formation
2.2 Offshore Affairs’ Company Formation services include direct company formation, and/or assistance in offshore company formation and related services. You understand, acknowledge and agree that Offshore Affairs may also provide, subcontract, or delegate additional services, such as registered address, accounting, nominee directors and/or shareholders, company formation, power of attorney, notarization & apostille on documents, etc., through third parties, such as affiliated companies or corporate services providers, business associates or partners, etc.
Offshore Bank Account
2.3 Offshore Affairs may provide you offshore bank account opening services. This service may include helping you gather all the required documents and information in order to open certain bank account. You understand, acknowledge and agree that any offshore bank account opening service provided by Offshore Affairs does not guarantee that your selected bank will open such bank account as such bank is the one who has the final decision, which will be based on the nature of your business, capacity to comply with anti-money laundering and terrorism financing regulations, your nationality, country of residence, and/or jurisdiction of incorporation.
2.4 Offshore Affairs is a third party to the relationship between the Bank and the Client. Therefore, under no circumstance can Offshore Affairs be held responsible of the relationship between the Bank and the Client. Offshore Affairs 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.
Asset Protection
2.5 Offshore Affairs’ Asset Protection services consist of transferring the intended assets to a legal vehicle such as corporation, trust, foundation, etc., to separate such assets from the reach of your creditors. We may subcontract all or part of such services.
Additional Services
2.6 Additional Services may include the duty of care in selection, instruction and supervision of its affiliated companies or registered agents, corporate services providers, or any other third parties to provide the Client with Services not within our Scope.
3.0 Right to refuse services
3.1 Offshore Affairs reserves the right to refuse any and/or all its services to any new or existing Client without giving any reason or explanation thereto, and cannot, under any circumstances, be held responsible for such refusal.
4.0 NO LEGAL, ACCOUNTING, NOR FINANCIAL ADVICE
4.1 Nothing contained on the website or any other physical or digital method to transfer information or data shall be considered as providing legal, accounting, or financial advice. You are responsible for making sure that you have taken the advice from a licensed lawyer or accountant.
5.0 Legality of Services and Indemnification
5.1 Providing and receiving/contracting Offshore Services such as company formation, asset protection, tax avoidance, is legal. You understand that any service provided by Offshore Affairs is not intended for You to engage in illegal activities such as money laundering, tax evasion, fraud, fraudulent bankruptcy, illegal conveyance, bribe, etc.
5.2 You agree to indemnify and hold Offshore Affairs harmless from any lawsuit, claim, sanction, penalty, fine, pecuniary sanction, damages, arising out of your illegal use of the services received by Offshore Affairs.
6.0 Anti-Money Laundering and Due Diligence
6.1 You, as a Client or Potential Client, must provide Offshore Affairs all necessary documents and information in order to comply with AML/TF, and/or Know Your Customer duty or requirement in order to comply with Applicable Law.
6.2 You are solely responsible for ensuring that the information and documents provided to Offshore Affairs are true and correct. You also represent to Offshore Affairs that assets or funds introduced to a Bank Account, Company, Trust, Foundation, or any other legal vehicle or Entity, do not represent either directly or indirectly the proceeds of a crime or other illegal activity.
7.0 Fees and Payment Terms
7.1 Fees and Payments Terms will be ruled pursuant to the Specific Service Contract.
8.0 Communication and Instructions
8.1 All official and important communication and instructions between Offshore Affairs and Client must be through electronic mail to the email address set in the Specific Service Contract.
9.0 Data Processing and Data Protection
9.1 Our Data Processing and Protection Terms can be found at https://www.offshoreaffairs.com/privacy-policy
10.0 Liabilities
10.1 Without prejudice to any specific provision in this Agreement, any damage resulting from the error or omission of Offshore Affairs, its directors, employees or agents shall be borne by the Client, unless Offshore Affairs, its directors, employees or agents has acted with gross negligence or fraud or any other liability that cannot be excluded pursuant to applicable law.
10.2 Offshore Affairs will not be liable for any loss sustained as a result of any mechanical breakdown, strike, delay or failure of any staff, manager or caretaker to perform their duties.
10.3. Any damage whatsoever caused by or arising from, directly or indirectly, the error, failure, negligence, act or omission of any other person, system, institution or payment infrastructure shall be borne by the Client.
12.4. Offshore Affiars cannot be held responsible if the Additional Services cannot be provided or set up. Offshore Affairs’ liability regarding Additional Services is strictly limited to a duty of care in selection, instruction and supervision of its affiliated companies or registered agents, corporate services providers, or any other third parties.
13.0 Amendments
13.1 These terms can be amended as needed, from time to time, with non-retroactive effect, and unilaterally by Offshore. An Amended Refund Policy will have immediate effect for New Client sor Existing Clients Requesting New Services, after being posted on the Offshore Affairs Website
14.0 Severability
14.1 If any term or other provision of this Policy is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this Policy shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party.
15.0 Assignment
15.1 We reserve the right to hire or engage subcontractors in order to execute the services. Your Rights and Obligations resulting from a Contract can only be assigned or transfer with the express and written consent of Offshore Affairs.
16. Interpretation
16.1 These Terms shall be construed without regard to the identity to the person who drafted it. Each and every provision of this Refund Policy shall be construed as though the parties participated equally in the drafting it. Consequently, the parties acknowledge and agree that any rule of construction that a document is to be construed against the drafting party shall not be applicable.