Allgemeine Geschäftsbedingungen

Terms and Conditions

§1 - Preliminary
Everything offered by Coldwell, including this web site, services, work and goods, is subject to the following terms and conditions. If you continue to browse and use this website, services, work and goods, especially if you contact Coldwell or submit an order, you agree to comply with and be bound by the following terms and conditions of use, which govern Coldwell's relationship with you (hereinafter called client). Verbal agreements or changes to these terms gain legal power only after their written adoption by Coldwell. Coldwell reserves the right to alter, change, add, amend, delete or replace these terms, services, work, goods and prices without prior notice at any time.

§2 - Company formation services
Coldwell offers it's clients the assistance to incorporate company structures. Unless otherwise noted company formation services refer to the incorporation of a corporation. LLP, LLC or other registrations may not be available or subject to different pricing. Unless otherwise agreed between Coldwell and client each order shall include free consultation as well as free order processing and administrative services. This is subject to the fair use policy of §8. Any and all reporting, auditing, accounting and tax payment requirements remain within client's liability even and especially when nominee services are used. Annual fees apply depending on the date and jurisdiction of incorporation and must be paid by the client prior the due date. Failure to pay in time may result in late payment penalties, service interruption and dissolution of the company through the relevant government body. If client decides to not renew the company and instead have his file closed a closing fee of 490 Euro will apply. In case a desired name is not available or not permitted due to any reasons, the client has to provide Coldwell with alternative names. The order cannot be cancelled due to unavailability of a desired name. Coldwell will not charge any additional expenses for finding an alternative company name allowed and available.

§3 - Account opening services
Coldwell offers it's clients the assistance to open bank accounts and merchant accounts. Client agrees to the following terms and definitions. "Bank account" means an account with a financial institution that allows to receive and send bank wire transfers. Debit cards, letters of credit, cheque depositing, investments and other services may be offered by the financial institution depending on the selected jurisdiction of account opening, the jurisdiction of company formation, the company structure, the company's financials, the company's business activities and other facts. "Merchant account" means an account with a financial institution that allows to charge credit cards. Coldwell is not a bank or financial institution. Any and all accounts opened are set up with external financial institutions. Neither Coldwell nor a nominee have ownership or access to funds on such accounts. Neither Coldwell nor a nominee have access to the accounts or influence on any operations. Sole responsibility for all operations undertaken through such accounts is with the client. Coldwell is not opening accounts on behalf of the client but assisting during the account opening process. The final decision to open an account as well as completion and signing of any and all agreements lies with the client. Unless otherwise explained, the account opening service of Coldwell outlined in this paragraph does not include account opening fees (if any) of the relevant financial institution. It does not include initial deposits or any other charges that may apply. The account opening service charges of Coldwell do not include certificates required by financial institutions. Unless otherwise agreed between Coldwell and client each order shall include free consultation as well as free order processing and administrative services. This is subject to the fair use policy of §8. If an account application is declined by the financial institution although client had all requested documentation and information thoroughly completed and promptly submitted Coldwell will credit the account opening fee paid by the client in full.

§4 - Virtual office services
Coldwell offers it's clients virtual office services. Unless otherwise agreed between Coldwell and client each order shall include free consultation as well as free order processing and administrative services. This is subject to the fair use policy of §8. Annual fees and handling charges apply as shown on the virtual office information page of this web site. Client indemnifies Coldwell from any and all liability for mail, phone calls and faxes received or forwarded. Mail is forwarded by first class mail or airmail and Coldwell does not guarantee delivery. For privacy protection Coldwell does not store names of senders. Client cannot use virtual office services as registered office for company formation unless written approval of Coldwell. Client cannot use virtual office services to ship cash, drugs, weapons, explosives or other restricted material. Client cannot use virtual office services for bulk mailings, spam, storage location or freight forwarding.

§5 - General order processing
Unless otherwise agreed in writing Coldwell will start order processing only after receipt of full payment. Client shall not consider a payment to be received by Coldwell until he received a written payment receipt. If payment status is unclear Coldwell encourages client to call for verification. Where booking is delayed due to incomplete or incorrect wire details the payment shall be considered as received on the date finally booked by Coldwell. Unless and prior full payment is confirmed by Coldwell the client shall not have any claims in regard to services and work provided by Coldwell. Any dates and time constraints quoted for order processing are, without exception, empirical data and shall not be binding to Coldwell. Dates and time constraints quoted for order processing do not include processing of KYC (Know Your Customer policy as per §7) nor unforeseen difficulties such as but not limited to unavailability of desired company names. Services, work and goods ordered are considered to be rendered and completed when sent to the address provided by the client. Client accepts any and all risks of delivery. The client can choose a shipping option such as electronic mail, regular mail, recorded airmail or courier. Coldwell may engage subcontractors to provide services, work and goods.Coldwell has the right for a partial execution of an order. In such case Coldwell will refund the fees for services not rendered.

§6 - Bank charges, chargeback costs
For amounts of less than 150 Euro paid by bank transfer client accepts a handling charge of 15 Euro. Said charge is waived if payment is made by credit card. For credit card chargebacks or investigations client accepts a processing fee of 190 Euro. Client agrees that a credit card chargeback request - regardless if for a partial or full chargeback - puts his order back into unpaid status and any services rendered by Coldwell may be cancelled with immediate effect, withdrawn or sold to third parties.

§7 - Know Your Customer policy, herein referred to as "KYC"
As a service provider for company formation Coldwell is required by international laws and anti-money-laundering regulations to have a so called Know-Your-Customer policy in place. Client agrees to actively assist and to provide true and complete information and documentation about business activities and involved parties. Such information includes proof of identity (like passport scans) and proof of address (like utility bills) but depending on the selected services and jurisdictions shall not be limited to the aforementioned.

§8 - Fair use policy
Unless otherwise agreed between Coldwell and client each order shall include free consultation as well as free order processing and administrative services. This is subject to this fair use policy. Client agrees to actively assist the order processing and to respond to all requests of Coldwell, registries, financial institutions or other involved subcontractors promptly. Client understands and accepts the following surcharges and proceedings (a to d) in case of delays: a) on failure to provide requested information and documentation within one week client accepts an additional processing fee of 90 Euro; b) on failure to provide requested information and documentation within one month client accepts an additional processing fee of 190 Euro; c) on failure to provide requested information and documentation within one month client accepts that the file will be temporarily closed until the requested information and documentation is received and the additional processing fee paid; d) on failure to provide requested information and documentation within three months client accepts that the file will be permanently closed and no refund or credit for fees paid will be issued. Should client exceed the average volume of enquiries by more than 200% Coldwell shall be entitled to quote an hourly service charge. Hourly services are billed in 15 minute increments.

§9 - Limited liability policy
Client limits the liability of Coldwell to the services, work and goods ordered and paid. Coldwell and client agree that Coldwell will not be involved into use of any services, work and goods, that Coldwell has no personal interest, insight, control or influence into client's business operations. Client indemnifies Coldwell from any and all liability resulting from using the services, work and goods, not limited to but especially from operating companies. In case of disputes between Coldwell and client, client agrees the maximum extent of damage is limited by the order value, and cannot exceed 15.000,- Euro. Coldwell and client agree that the only place of jurisdiction shall be the Seychellen. Any claim or dispute must be notified to Coldwell in writing using the online support system within 6 months of date of the relevant order. Such notification shall only be considered as received by Coldwell after a confirmation message is shown to the client and a ticket number has been assigned.

§10 - Cancellation, return and refund policy
In case client performs any illegal or unethical actions Coldwell reserves the right to cancel the relationship and cease all administrative work. Coldwell is entitled to terminate or cancel free services at any time and without reason with 14 days notice. Unless otherwise agreed client cannot cancel, exchange or return services, work and goods without written approval of Coldwell, as all services, work and goods are customized for the client.

§11 - Privacy policy
Coldwell processes, saves and uses personal data of clients, as this information is required for communication as well as preparation, execution, registration and changes of orders. Client entitles Coldwell to pass the necessary data for the execution of the contract to sub contractors, government bodies or third parties who provide the services. Coldwell will not sell or rent data to marketing or advertising companies. To prevent unauthorized access and maintain data security Coldwell uses strict physical, electronical and managerial procedures. If client has questions about data of him being stored he can contact Coldwell at the following address:

COLDWELL
Privacy & Data Protection Board
95 Wilton Road, Suite 3
London, SW1V 1BZ
United Kingdom
Fax: +44 (20) 7117 4 700