Terms and Conditions
DEFINITIONS
1.1 KGN MEANS KGN SERVICES LTD, A UK COMPANY AND ANY OF ITS SUBSIDIARIES, AGENTS OR AFFILIATES WORLDWIDE AND ALL ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LAWYERS AND CONSULTANTS.
1.2 “CLIENT” means THE COMPANY, FIRM OR PERSON(S) WHO HAS REQUESTED KGN TO PROVIDE SERVICES OR ANY OTHER PERSON OR LEGAL ENTITY WHO HAS AGREED TO PAY FOR THE SERVICES AND THEIR RESPECTIVE HEIRS AND PERSONNEL. MORE THAN ONE PERSON MEANS SUCH PERSONS COLLECTIVELY AND SEVERAL.
1.3 “BUSINESS” means ANY BUSINESS OR BUSINESS OF ANY TYPE ESTABLISHED ON BEHALF OF THE CUSTOMER.
1.4 “SERVICES” means the SERVICES REQUESTED BY THE CUSTOMER AS CONTAINED IN KGN’S SCHEDULE OF SERVICES SPECIFIED IN KGN’S ADVERTISING MATERIALS AND ON ITS WEBSITE AND ANY OTHER SERVICES ORDERED/REQUESTED BY THE ACCEPTED/REQUESTED.
1.5 “AGREEMENT” MEANS THE TERMS AND CONDITIONS OF BUSINESS WHICH EFFECTIVELY CONSTITUTE A SERVICE CONTRACT BETWEEN THE CUSTOMER AND KGN.
SUBJECT OF THE AGREEMENT AND TERMS OF PAYMENT
KGN AND/OR PURSUANT TO THE SPECIFIC REQUEST OF THE CUSTOMER AND THE CUSTOMER AGREES TO PAY FOR THESE SERVICES ACCORDING TO KGN’S INVOICES THE CUSTOMER AGREES TO PAY THE FEES CHARGED BY KGN FOR ITS SERVICES, WHICH SHALL INCLUDE THROUGHOUT.
2.2 ALL FEES CHARGED BY KGN TO THE CUSTOMER MUST BE IN THE AMOUNT SPECIFIED IN THE TARIFF OR SPECIFICALLY SENT TO THE CUSTOMER BY KGN IN THE FORM OF A PROFORMA INVOICE OR PRICE LIST. FEES ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
2.3 NO REFUNDS WILL BE GIVEN AFTER AN ORDER FOR ANY OF THE KGN SERVICES HAS BEEN PLACED BY THE CUSTOMER. THE FEES ARE NOT REFUNDABLE IN THE EVENT THAT ANY ORDER IS REJECTED, NOT PLACED OR WITHDRAWN BY THE APPLICANT.
2.4 THE CUSTOMER WILL GIVE KGN 30 DAYS WRITTEN NOTICE OF ANY CANCELLATION OF SERVICES.
2.5 UNLESS OTHERWISE AGREED BETWEEN KGN AND THE CUSTOMER, KGN ISSUES AN INVOICE TO THE CUSTOMER IN WHICH 100% OF THE FEE MUST BE PAID IN ADVANCE FOR A REQUESTED SERVICE. IN THE EVENT OF FAILURE TO PAY THE INVOICE WITHIN 5 WORKING DAYS, KGN DOES NOT TAKE ANY RESPONSIBILITY AND IS NOT RESPONSIBLE FOR THE POSSIBLE CHANGES OR INCREASE IN THE PRICES. , MAY BE CHANGED IF NOT PAID ON TIME. THE CUSTOMER WILL BE RESPONSIBLE FOR PAYING THE TOTAL AMOUNT IN EFFECT ON THE DATE OF PAYMENT.
2.6 IN THE EVENT OF FAILURE TO PAY WITHIN 30 DAYS FROM THE DATE OF THE INVOICE ISSUED, KGN RESERVES THE RIGHT TO WITHDRAW ALL SERVICES AND IS NOT RESPONSIBLE FOR ANY COSTS, FEES, DUTIES OR TAXES TO BE WITHHOLDED. AGENT OR GOVERNMENTAL AUTHORITY IN ANY JURISDICTION, ALL FINES OR FEES INCURRED BY THE CUSTOMER AS A RESULT OF SUCH WITHDRAWAL, OR FOR ANY CONSEQUENTIAL LOSSES OR CLAIMS AGAINST THE CLIENT/COMPANY BY ANOTHER PARTY TO ANOTHER PARTY. ALTERNATIVELY, KGN MAY DEDUCT SUCH EXCLUSIVE FEES FROM ANY ACCOUNT OR MONEY UNDER THE CONTROL OF KGN AND BELONGING TO THE CUSTOMER OR COMPANY.
2.7. KGN IS NOT RESPONSIBLE FOR PAYING ANY GOVERNMENT FEES, REGISTRATION FEES, DUTIES, TAXES OR REGISTERED AGENT’S FEES ON BEHALF OF THE CUSTOMER/BUSINESS UNLESS KGN HAS RECEIVED CLEARED FUNDS IN ITS BANK ACCOUNT ON A RTLIF IN A SET.
2.8 ANY OTHER SERVICES PROVIDED ON A TIME BASIS MUST BE DISCLOSED TO THE CUSTOMER IN ADVANCE WHERE THERE ARE UNEXPECTED COSTS, HOWEVER, THE CUSTOMER WILL ACCEPT ANY CHANGES TO THE INITIAL QUOTATION.
2.9 IF THE CUSTOMER REFUSES TO PROVIDE INFORMATION AND/OR DOCUMENTS REQUESTED BY KGN, OR OTHERWISE REFUSES TO PROCEED WITH ANY RELEVANT SERVICES ORDERED BY KGN, THEN NO FEE WILL BE PROVIDED FOR A REFUND.
DELIVERY OF BUSINESS AND BANKING SERVICES
WHERE KGN PROVIDES DIRECTORS AND/OR COMPANY SECRETARY AND/OR SHAREHOLDER NOMINEE SERVICES TO A CUSTOMER/COMPANY, THEN:
3.1 THE CUSTOMER AGREES TO PROVIDE KGN WITH THE INFORMATION KGN MAY REQUIRE ABOUT THE CUSTOMER’S BACKGROUND AND/OR THE COMPANY’S ACTIONS, ACTIVITIES AND BUSINESSES.
3.2 THE CLIENT REPRESENTS AND GUARANTEE THAT NO INSTRUCTIONS GIVEN TO KGN REQUIRES OR INVITES ANY ILLEGAL ACTION OR CONTAINS ANY ERROR, AND THAT ALL INFORMATION GIVEN TO KGN ABOUT THE CLIENT IS AND WILL BE CORRECT KGN SUFFICIENTLY INFORMED OF ANY CHANGES.
3.3 THE EMPLOYEES/EMPLOYEES AT KGN WILL ALWAYS BE WILLING TO CONSIDER AND ENTERTAIN WRITTEN REQUESTS AND PROPOSALS FROM THE CUSTOMER/COMPANY. HOWEVER, KGN MAY, IN ITS ABSOLUTE DISCRETION, REFUSE TO COMPLY WITH ANY INSTRUCTIONS RECEIVED FROM THE CUSTOMER OR ANY AUTHORIZED REPRESENTATIVE, WHETHER EXPRESS OR IMPLIED, IF THE PERSON GIVEN THE INSTRUCTIONS. T OR VIOLATE AN APPLICABLE LAW OR REGULATION .
3.4 KGN CANNOT BE RESPONSIBLE FOR THE AUTHENTICITY OF ANY SIGNATURE, INSTRUCTION OR COMMUNICATION FROM THE CUSTOMER OR ANY AUTHORIZED REPRESENTATIVE, OR BE IN ANY WAY RESPONSIBLE FOR THE EFFECT GIVEN TO A MANAGED SIGNATURE OR ANY AUTHORIZED REPRESENTATIVE. KGN SHALL BE ENTITLED BUT NOT BOUND TO REQUIRE ANY NOTICE, INSTRUCTION OR SIGNATURE TO BE AUTHENTICATED TO ITS SATISFACTION
3.5 THE CLIENT/COMPANY WILL AT ALL TIMES INDEMNIFY AND HOLD KGN, ITS EMPLOYEES, EMPLOYEES, AND WHERE APPLICABLE, ITS NOMINEE SHAREHOLDERS IN ANY BUSINESS WITH RESPECT TO ALL ACTIONS, RECOMMENDATIONS, APPLICATIONS, APPLICATIONS, STATEMENTS, STATEMENTS, OPINIONS, WHETHER OR LITTLE OR ALLEGED. BY ANY OF THE ABOVE-MENTIONED KGN REPRESENTATIVES IN THE EXERCISE OR ALLEGED PERFORMANCE OF THEIR DUTIES IN CONNECTION WITH THE BUSINESS OR INSTRUCTIONS OF CUSTOMERS, EXCEPT IN THE CASE OF PERSONAL AND PERSONAL. KGN.
3.6 WHEN BUSINESS SERVICES ARE PROVIDED BY KGN, ANY STATEMENT OR CHANGE OF A NOMINEE DIRECTOR, SECRETARY OR SHAREHOLDER WILL BE AT KGN’S ABSOLUTE DISCRETION AND, UNLESS EXPRESSLY AGREEED WITH OR STATEMENT. DIRECTOR OR SHAREHOLDER.
3.7 IT IS ALWAYS AT THE BANK’S SOLE DISCRETION TO APPROVE OR REJECT THE ACCOUNT OPENING. KGN IS NOT HELD RESPONSIBLE IN CASES THE BANK REJECTS AN ACCOUNT, EITHER BUSINESS OR PERSONAL ACCOUNT. THE BANK ACCOUNT OPENING FEES ARE NON-REFUNDABLE IN CASE OF NON-APPROVAL BY THE BANK.
3.8 EACH BANK RESERVES THE RIGHT TO REQUEST ANY ADDITIONAL INFORMATION, FEES OR CHARGES FOR ITS OWN SERVICES. ANY EXTRA FEES CHARGED BY THE BANK ARE SEPARATE AND HAVE NOTHING TO DO WITH KGN.
REGISTERED OFFICE ADDRESS
4.1 WHERE KGN PROVIDES REGISTERED OFFICE ADDRESS TO OR FOR THE COMPANY, AT NO TIME WILL THE CUSTOMER/COMPANY MAKE ANY REFERENCE TO THE REGISTERED OFFICE ADDRESS, EITHER IN ADVERTISEMENTS OR PUBLIC NOTICE.
4.2 KGN RESERVES THE RIGHT TO REVOKE ANY CUSTOMER/COMPANY’S USE OF ITS REGISTERED OFFICE ADDRESS WITHOUT ASSIGNING ANY REASON, AND THE CUSTOMER/COMPANY SHALL IMMEDIATELY TRANSFER THE REGISTERED OFFICE ADDRESS TO A PROVIDED OFFICE ADDRESS. ANCE TO BE TAKEN BY THE CUSTOMER/COMPANY.
4.3 WHERE KGN FINDS IT NECESSARY TO MOVE ITS OFFICES, WIS SHALL PUBLISH NOTICE TO ANY CUSTOMER/COMPANY IN ADVANCE. HOWEVER, KGN IS NOT RESPONSIBLE FOR ANY COSTS INCURRED BY THE CUSTOMER/COMPANY AS A RESULT OF THIS.
OTHER PROVISIONS
5.1 KGN ONLY ACCEPTS WRITTEN INSTRUCTIONS FROM ANY CUSTOMER/COMPANY. WHERE A TRANSMISSION OR EMAIL HAS BEEN SENT OR REQUEST MADE VIA THE INTERNET, NEITHER KGN NOR THE CUSTOMER/COMPANY SHALL TAKE ITS ACKNOWLEDGMENT UNLESS ACKNOWLEDGED IN WRITING. WHERE THE CUSTOMER INCLUDES MORE THAN ONE PERSON (EACH A “CLIENT INDIVIDUAL”), EACH CUSTOMER INDIVIDUAL HEREBY ACCEPTS THAT EACH OF THE OTHER CLIENT INDIVIDUAL MAY PROVIDE INSTRUCTIONS TO KGN. IN CONNECTION WITH THE DEVELOPMENT OF SERVICES AND THAT KGN MAY CONSIDER SUCH INSTRUCTIONS TO BE CORRECT CLIENT INSTRUCTIONS UNLESS WIS RECEIVES PRIOR WRITTEN NOTICE TO THAT EVENT FROM ANY OF THE CUSTOMER PERSONS. EACH CUSTOMER INITIALLY ACKNOWLEDGES THAT HIS OR HER RESPONSIBILITIES AND OBLIGATIONS UNDER THIS AGREEMENT ARE JOINT AND SEVERAL, WHETHER OR NOT THE PERSONS OF THE CUSTOMER ARE ACTING JOINTLY OR INDIVIDUALLY WITH REGARD TO THE INDIVIDUAL ACTING JOINTLY OR INDIVIDUALLY WITH RESPECT TO THE COMPANY AND REGARDLESS OF WHICH OF THEM PROVIDE ANY INSTRUCTION.
5.2 KGN MUST KEEP ALL DOCUMENTS, COMMUNICATIONS AND INFORMATION FROM THE CUSTOMER/COMPANY CONFIDENTIAL UNLESS THE CUSTOMER HAS GRANTED PRESENT WRITTEN CONSENT PERMITTING SO. THIS CONFIDENTIALITY WILL NOT APPLY WHERE: A.) KGN MAY BE REQUIRED BY A COMPETENT COURT OR AUTHORITY TO DISCLOSE EVIDENCE AND INFORMATION TO COURTS OR AUTHORITIES IN CONNECTION WITH A CUSTOMER’S COMPETENCE. WHERE KGN RECEIVES SUCH INFORMATION ORDER, UNLESS PROHIBITED BY LAW OR BY THE TERMS OF SUCH ORDER, KGN SHALL PROMPTLY NOTIFY THE CUSTOMER OR THE COMPANY OF THE SAME B) IF THERE IS ANY, OR BY ACTION BY THE SAME. ALL OTHER CIRCUMSTANCES ARISE WHERE, IN KGN’S OPINION, IT IS NECESSARY TO TAKE ACTION REGARDING THE COMPANY’S AFFAIRS TO PROTECT THE BEST INTERESTS OF THE CUSTOMER, THE COMPANY OR KGN, AND IF IN SUCH CIRCUMSTANCES. , SUFFICIENT AND LEGAL INSTRUCTIONS FROM THE CUSTOMER, THEN KGN SHALL BE RIGHT TO PROCEED IN ANY REASONABLE WAY IT DEEMES APPROPRIATE FOR THE GIVEN SITUATION.
5.3 KGN DOES NOT PROVIDE LEGAL ADVICE AND CAN ONLY REFER SERVICES ACCORDING TO ITS CURRENT BEST KNOWLEDGE AND PRACTICE REGARDING ANY SERVICES IT OFFERS. AS IT IS CUSTOMERS’ RESPONSIBILITY TO SEEK EXPERT LEGAL ADVICE, KGN DOES NOT ACCEPT ANY LIABILITY TO ANY CUSTOMER, COMPANY OR THIRD PARTY FOR DAMAGES OR LOSSES ARISING FROM THE USE OF ANY SERVICE.
5.4 IF KGN IN ITS DISCRETION BELIEVES THAT FOR ANY REASON IT DOES NOT WISH TO CONTINUE TO PROVIDE ANY OR ALL OF THE SERVICES, IT MAY REMOVE BY GIVING ONE MONTH’S NOTICE WITHOUT BEING OBLIGATED TO RETURN ANY.
LAW
6.1 THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUCTED IN ACCORDANCE WITH THE LAWS OF THE
THE UNITED KINGDOM IN CONNECTION WITH ANY LEGAL TRANSACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT, EACH PARTY IRREVOCABLY SUBMITS TO THE JURISDICTION OF THE UNITED KINGDOM.