GENERAL TERMS AND CONDITIONS
These General Terms and Conditions govern the relationship between you, being the visitor of the Website and/or user of our Services, and us, openbankaccount.org
By using this Website and purchasing any of our Services, you acknowledge that you have read, understood and agree to comply with the following General Terms and Conditions, other policies of openbankaccount.org and all applicable laws and regulations governing this Website and Services. These General Terms and Conditions apply to all users, including both users who are simply viewing content available via the Service and users purchasing the Services.
If you do not agree to be bound by these General Terms and Conditions, you shall not use or access this Website and our Services. Please read them carefully.
In case of contradictions between these General Terms and Conditions and other documentation, these General Terms and Conditions prevail if not explicitly stated otherwise. Definitions
Throughout these General Terms and Conditions, the following terms have the following meaning:
"Customer", "you" or "your" means a person, partnership, body corporate, organisation, firm or other legal entity that places the order for Services on the Website.
"Fair Use Policy" means the limits placed on usage of our Services in order to ensure that the Customer enjoy best user experience.
"GTC" means these General Terms and Conditions as amended from time to time.
"Services" means formation service and related services provided by us, with exception of any additional services provided by our authorized agents and available for the Customer on the Website.
"Website" means website located at openbankaccount.org and all subsidiary web pages within the Website.
"We", "our" or "us" means Open. Open is a service powered by our parent company, Silverbird Global Limited. Our office in London is located on 1 Kings Avenue, London, United Kingdom, N21 3NA. We operate in joint agreement with https://bankspace.info/
– who is our main service provider. No Professional Advice
Any material provided on the Website is for information purposes only and does not constitute any legal or professional advice. openbankaccount.org will not be liable for any loss or damage, financial or otherwise, which could have been avoided if you took qualified legal or other advice and which was not foreseeable to both you and us when you made your order or was not caused by any breach by us. Your use of the Website and Services
Use of the Website and Services, any content or materials on the Website for any purpose not expressly permitted in these GTC is prohibited. Customer undertakes:
to provide all necessary information and necessary access to such information as may be required by openbankaccount.org in order to render the Services or any other necessary co-operation. Customer remains responsible for keeping its data and other necessary information updated in case of any changes;
to use the Service in compliance with these GTC, applicable laws and regulations;
to protect the collection, transmission and input of its data to openbankaccount.org via the Internet. Customer is responsible for taking security measures such as encryption for the transport of data or access of data when using the Service;
to use the Service for its own purposes and not to allow any third party, to rent, lease, license, lend, pledge, or directly or indirectly transfer or assign or distribute the Service or to access all or any part of the Service, if not otherwise covered by Affiliate / Reseller Agreement;
not to upload, download, post, transfer, send, transmit, distribute, email, link to or make available in any other way any images, photos, text, video, data, software, databases, links or other information that is illegal, harmful, slanderous, unethical, defamatory, harassing, threatening or infringing upon intellectual property rights, rights of privacy or publicity of third parties, incites hatred, bigotry, racial, ethnic, sexual, religious or social discrimination or is insulting to any persons, groups and/or entities;
not to upload, download, post, transfer, send, transmit, distribute, email, link to or make available in any other way any information that contains any harmful material;
not to make available any materials containing viruses, bots or other code, files or programs designed to interfere, hinder or impair the operation of any computer, telecommunication equipment or software;
not to decompile, modify or perform other activities with the software and/or the object code of any program of the Website and Service;
not to violate third party rights, including, without limitation, our affiliates/resellers, partners, on the Website and/or cause harm in any way;
not to collect and store personal information of other users without their proper authorization;
not to infringe any applicable laws and international treaties with the use of our Services;
not to use the Website or Service in any way or take any action that causes, or may cause, damage to openbankaccount.org or impairment of the performance, availability or accessibility of the Service or Website. Customer Account
Certain Services on our Website, are only accessible to registered users. In order to register for the account, you agree to provide us with information about you, such as, without limitation, your full name, e-mail address, password, and affirm your acceptance with these GTC. You also agree to provide with true, accurate and complete details about you. Upon successful completion of the registration process, we will establish your account on the Website. In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update your personal details if any information changes.
For security reasons, please keep your password confidential and monitor your account for identifying access by unauthorized third parties. In case you learn of any unauthorized use of your account, you should immediately notify us. Your Obligations When You Order the Services
When ordering our Services, we require that you will comply with our rules stated below.
You agree to timely provide us with true, complete and accurate information required for the performance of Services. If you fail to provide us with necessary information, proper instructions and authority to act on your behalf, we are entitled to refuse to provide you with the Services. Further, you agree to timely provide us with all necessary documentation necessary to provide the Services. openbankaccount.org will not be liable to you if any documents or services are rejected due to inaccuracies or incompleteness on your behalf.
You will be liable for completion of all documentation required by law including, but not limited to, the Company's Registrars and Tax Authorities of the relevant jurisdictions.
You accept that it is your responsibility to ensure that any company name you choose is not a restricted name and can be lawfully used by you. We accept no liability for your choice of name.
When you are acting on behalf of a person or company other than yourself, you represent and warrant that you have obtained full and proper consent and powers to act, represent and give necessary rights to us to act on behalf such person or company other than yourself.
You agree to comply with our Fair Use Policy. Our Obligations
We provide you with the Services subject to your compliance with the terms and conditions of these GTC.
When we specify time and date on which we anticipate the Service will be delivered, you acknowledge that we cannot guarantee that the Service will be delivered on the estimated delivery date. We do our best to meet the time specifications, however, we take no responsibility for failure to meet the estimated delivery date by Company's Registrar or other governmental authorities of the relevant jurisdiction.
We will not be liable for any fraudulent or unauthorized use for any company held under the openbankaccount.org name and address.
openbankaccount.org takes no responsibility for the accuracy of any part of any search or other reports where it is apparent that it is not derived from information in a public register, or for any inaccuracy, omission or other error in any public register upon which our search or report is based. Anti-money Laundering
Our Customers are subject to client identification as per applicable law. We and our service providers use Anti Money Laundering Policy which applies to all Customer using our Services, including mail forwarding and other services. Applicable law is currently and recently updated legislation covering European Union, United States and local legislation of the country of residence of the customer You agree that:
you will not perform any business that is illegal, defamatory, immoral or obscene and not to use the address and/or telephone and fax numbers of the Address Company nor the offices of the Address Company, whether directly or indirectly, for any such purpose or purposes as aforesaid;
you will not send or deliver or cause to be sent or to be delivered to the Address Company's premises any noxious, harmful, illegal, immoral deteriorating, dangerous or bulky material object or thing.
You will provide all necessary proofs of identification including, but not limited to, national passport, driver license, utility bill. Suspension, Termination and Cancellation
You may terminate these GTC and close your account at any time, following settlement of any amount due to us.
You also agree that we may temporarily block, suspend or terminate your account or deny the use of any Services and/or your access to the Website. Additionally, we may, in appropriate circumstances and in our sole discretion, suspend or terminate accounts for any reason, including, without limitation:
violations of these GTC;
usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities;
failure to pay or fraudulent payment for Services;
upon the request of law enforcement or other government agencies.
The suspension of an account shall not affect the payment of the fees due for performed Services. Fair Use Policy
Under these GTC the Services are provided per user or, parent company, in any 12 month period.
openbankaccount.org may suspend your access to the Services for abusive practices that degrade the performance of the Services for you and/or other customers of openbankaccount.org. Your Privacy and Data Protection
The protection of your personal data is vital to us. We strive to use commercially acceptable means to protect and secure your personal data when you use our Services. However, no method of transmission over the Internet, or method of electronic storage, is completely secure. Therefore, we cannot guarantee its absolute security.
You may alter or update any personal data provided to us as part of registration on the Website at any time.
Silverbird Global Limited, or openbankaccount.org, is the sole owner of any content available on the Website, including design, text, graphics, pictures, video, information, software and other files, except for the content provided by third parties (the "Content"). All title, ownership and intellectual property rights on the Website and its Content shall remain with openbankaccount.org, our affiliates or licensors of the Content, as the case may be. All rights not otherwise claimed under the GTC or by openbankaccount.org are hereby reserved.
The Content is protected by copyrights, trademarks (whether registered or being under registration), service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by openbankaccount.org or the applicable licensor (such as an advertiser or reseller), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such Content or the Website, in whole or in part.
You are permitted to view, copy and print extracts from this Website for your own personal use; however, all rights, intellectual or otherwise, will remain with openbankaccount.org and do not pass to you. Customer Content
The Customer shall be solely responsible for your own content submitted to the Website ("Customer Content"). You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your Customer Content (and all content included therein), including the right to authorize us to use the Customer Content in the manner contemplated by the Service and these GTC.
The Customer retains all of your ownership rights in the Customer Content. However, by submitting the Customer Content to us, you hereby grant us an irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Customer Content in any media formats now or hereafter created and through any media channels now or hereafter created.
openbankaccount.org expressly disclaims any and all liability in connection with Customer Content. Further, we shall be entitled to remove any Customer Content in our sole discretion and without any prior notice. Warranty Disclaimer and Limitation of Liability
You acknowledge and agree that all access and use of the Website and Services is at your own risk. All Services and Content, including software, products, information, text and related graphics contained within or available through the Website are provided "as is" and "as available". Under no circumstances shall we be liable for any errors or omissions in the Services and Content or information on the Website. openbankaccount.org makes no representations or warranties of any kind, either express or implied, as to the operation of this Website or the Services, Content or materials included on this Website. openbankaccount.org cannot guarantee and do not warrant that such Services, Content and/or information is error-free, free of viruses, worms, free of harmful, illegal or other inappropriate language. openbankaccount.org does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within the Website for any purpose. We cannot ensure that information and materials provided on the Website is accurate, correct, reliable, exhaustive or complete on every subject.
Without prejudice to the generality of the foregoing, we will not be liable to you if the Website or Services are inaccessible or unavailable in whole or in part for any reason beyond our reasonable control or because we are carrying out maintenance, upgrades, developments or the like.
In no event shall we be liable under contract, tort, strict liability, negligence or other legal theory (i) for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, substitute goods or services (however arising) or (ii) for any direct damages in excess of (in the aggregate) $100. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Indemnity
You agree to indemnify and hold openbankaccount.org and its subsidiaries, affiliates, resellers, officers, agents, employees, partners or licensors, harmless from any and all claims, damages, losses or liabilities, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (i) your use of and access to the Service; (ii) your violation of any term of these GTC; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your Customer Content caused damage to a third party; or (v) any action taken by a third party using your account or user ID. This obligation will survive these GTC and your use of the Service. Fees
All Services are subject to advanced payment. All fees are indicated on the Website, however, the final cost of Services will be confirmed at the time of payment. If you do not agree with the final cost of Services, you may refuse to order the Services before you make a payment. All fees are listed exclusive of VAT unless otherwise indicated. Appropriate VAT is calculated in a populated basket pre-purchase.
openbankaccount.org is entitled to change fees and charges for the Services provided on the Website at any time, without prior notification. Such changes will not affect any fees and charges paid for the Services requested prior to the date of change.
By placing an order for Services, you authorize us, and you hereby appoint us as your agent, to make payment of the registration fees to Company's Registrar of relevant jurisdiction that you are obliged to pay in respect of the incorporation of your new company(ies) as well as other payment for any additional Services, including, without limitation, mail forwarding services. Some services may require from you to provide the wide range of personal data and copies of relevant documents, such as but not limited to, date of birth, resident address, place of business, description of business, National passport, driver license, utility bill. Refund Policy
In the event you make a purchase for any Services but change your mind the following Refund Policy applies (except for Recurring Billing plan as provided below).
If we have not started performing your order, we will refund all monies paid to us, provided the refund notice is given within 2 calendar days of the purchase date. No refund is given if you request for refund after 2 calendar days from the date of purchase.
No refund will be provided if we require cancelling the Service due to a failure to provide us with requested documentation and information as required by these GTC. Recurring Billing
By ordering custom made company or annual Services for ready made companies, or any other recurring plans, you agree to allow openbankaccount.org to auto-bill your credit card monthly or annually to ensure that you do not experience any interruption of service or downgrade of account. Account Downgrade & Cancellation
In order to stop auto-billing, you must downgrade or cancel your account.
The refund is prorated to the unused time of subscription with minimum use term which is subject to service or product description and jurisdiction where it is provided. Payment Disputes
By creating the account on the Website and/or ordering the Services, and agreeing to these GTC, you irrevocably and indisputably agree with our Fees and its payment terms, Refund Policy, Account Downgrade and Cancellation terms. Assignment
The Customer cannot assign its obligations and duties granted hereunder to any person or entity. openbankaccount.org reserves the right to assign its obligations and duties hereunder to any person or entity without restriction. Changes to GTC and Services
You acknowledge and agree that we may revise these GTC at any time and in our sole discretion by posting the relevant revised and restated GTC on the Website. We reserve the right to modify, suspend or terminate the Website and/or any portion thereof, including any Service or product available through the Website, and/or your use of the Website and Service, or any portion thereof, at any time for any reason with or without notice to you.
By continuing to access or use the Website and Services, you are indicating that you agree to be bound by the revised GTC, Services. If you do not agree to continue to use the Website and/or Services on basis of the revised GTC, please cease to use our Website and/or Services. Miscellaneous
Nothing in these GTC shall be interpreted as agency, partnership, mutual activities, employment or any other relations not directly stated in these GTC.
If any provision of the GTC is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
openbankaccount.org's failure to enforce any right or failure to act with respect to any breach by you under the GTC will not constitute a waiver of that right or a waiver of openbankaccount.org's right to act with respect to similar breaches.
These GTC and other policies, for our Customer's convenience, can be provided in several languages. In the event of any differences between the English version and any other language, the English version shall prevail. Notices
Most communications between us and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and us shall satisfy any legal requirements that such communications be in writing.
Governing Law and Jurisdiction
These GTC shall be governed and construed in accordance with the laws of the Gibraltar, without further reference to its conflicts of law rules and to the exclusion with all and any international conventions and treaties, including the Vienna Convention on the International Sale of Goods. The Parties submit to the exclusive jurisdiction of the courts of Gibraltar.