Terms and Conditions (Bank Account Opening)
1. Purpose and Scope of Application
1.1. The information presented on this website are for information only and provide no guarantee whatsoever. SFM Company Formation DMCC cannot guarantee the accuracy, completeness, timeliness, or reliability of any of such information.
1.2. Because of the possibility of human and mechanical error as well as other factors, neither SFM Company Formation DMCC, its directors, employees, nor agents is responsible for any error in or omissions from the information. The information is provided “as is” to you without express or implied warranties of any kind including the warranties of merchant liability, satisfactory quality, non-infringement of intellectual property rights or fitness for any particular purpose. Furthermore, neither SFM Company Formation DMCC, its directors, employees, nor agents will be liable for any delay, difficulty in use, inaccuracy, incompleteness, reliability of the information, delays, interruptions, or omissions in information or other defect in the website, or for the incompatibility between the Website and files and your browser or other site accessing program. No licence to you is implied in the present disclaimer.
1.3. Neither SFM Company Formation DMCC, its directors, employees, nor agents shall have any tort, contract or other liability, contingent or otherwise, arising in connection with your use or the website or for any decision made or action taken by you in reliance upon the information or for any other aspect of the website.
1.4. SFM Company Formation DMCC, its directors, employees, or agents shall have the benefit of the limits and exclusions of liability set out in these terms and conditions.
1.5. SFM Company Formation DMCC, its directors, employees, or agents does not attempt to exclude liability for fraud or gross negligence or any other liability that cannot be excluded pursuant to applicable law.
1.6. You acknowledge that despite all security precautions, data including e-mail electronic communications and personal financial data, may be accessed by unauthorized third parties when communicated between you and SFM Company Formation DMCC. You agree to use software produced by third parties including, but not limited to, browser software that supports a data security protocol compatible with the protocol used by SFM Company Formation DMCC.
1.7. Users should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information displayed on or available through the Website.
1.8. SFM Company Formation DMCC reserves the right to refuse any client, and cannot, under any circumstance, be held responsible for such refusal.
1.9. Under no circumstance should the information provided on this website be considered as a solicitation or recommendation to make any investment, hide assets or enter into tax evasion scheme.
1.10. The works of authorship contained in the present website are owned except as otherwise expressly stated herein. They may not be copied, transmitted, displayed, distributed, licensed, reproduced or commercially exploited in whole or in part in any manner without the prior written consent of SFM Company Formation DMCC
1.11. SFM Company Formation DMCC is not a bank, and as such, does not accept any deposit. This website is not intended to provide advice or recommendations or to constitute an offer to sell or buy any security, investment, product or service.
1.12. The services offered by SFM Company Formation DMCC consists of an assistance service in relation with the opening of an account with banks or other financial institutions including non-banking financial services providers, acting as a liaison between clients and financial institutions (herein commonly referred to as “the bank”), and various administrative services related to the interaction of clients and financial institutions.
1.13. The client will pay a fee for such service.
1.14. SFM Company Formation DMCC is a third Party to the relationship between the bank and the client. Therefore, under no circumstance can SFM Company Formation DMCC be held responsible of the relationship between the bank and the client. An investment can appreciate or depreciate and an investor may lose part or all of his capital and or interest. Use of this website is at your own risk.
2. Service Offered
2.1. SFM Company Formation DMCC will perform assistance in relation with the opening of a bank account or of an account with a non-bank financial services provided such as a collection account provider (herein referred as “the account”) for the client (herein referred as “the client”). In this framework, SFM Company Formation DMCC may propose to the client a list of banks, but it is the client who is responsible for the choice of the bank. The client may choose a bank either among the list provided by SFM or a third party bank.
2.2. The service ends with the opening of the account and all relations thereafter are between the client and the bank. The service is the opening of the account and the successful setting-up of complementary services such as credit cards, chequebooks or internet banking access is not guaranteed and is offered “as is”. SFM Company Formation DMCC cannot be held responsible if these complementary services cannot be set up. The service can only be employed for legal purposes as determined by the applicable law.
2.3. SFM Company Formation DMCC 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 of otherwise incur any liability of any sort on behalf of any bank.
2.4. The client is expressly informed that SFM Company Formation DMCC may receive from the bank retrocession of on the banking fees requested from the bank in connection with activity of the account (such as inter alia fiduciary deposit commissions, net brokerage fees, securities administrations fees, in-house discretionary management mandate fees). The amount of such retrocession will have no effect on the banking fees.
2.5. By accepting the present Disclaimer, the client expressly renounces to claim the payment of such retrocession.
2.6. The client is free to request from SFM Company Formation DMCC any available information on the nature, amounts or whatsoever related to the retrocession.
3. Set-up Fee
3.1. SFM Company Formation DMCC charges a one-time fee for its service (herein referred as “the set-up fee”). This set-up fee can be changed at any time without prior notice. The set-up fee includes the mailing costs of the documents from SFM Company Formation DMCC to the client by normal mail. Courier service is available at extra cost. The set-up fee is quoted in EUROS (EUR). The client will pay the set-up fee before the company begins the performance of the service. The client can pay the set-up fee using a valid Visa, Mastercard credit card bearing his/her name, by cash or by bank transfer. SFM Company Formation DMCC shall not begin to perform its service before full payment has been received. Clients who send SFM Company Formation DMCC a credit card as payment accept that the company bills their credit card for the full amount of the set-up fee for the account they have chosen plus the price of the courier service if requested.
4. Refund Policy
4.1. Any client can decide to cancel his/her application in the 7 days following his/her application on our website.
4.2. Further, the client will receive a full refund of the set-up fee minus courier charges if the following two conditions are met: (1) SFM Company Formation DMCC is not able to open the client an account AND (2) SFM Company Formation DMCC or the bank has received all the necessary documents duly completed by the client, including a copy of the client’s valid identity document which has been authenticated according to the exact instructions of the Agreement on the Swiss banks’ code of conduct with regard to the exercise of due diligence and any document which SFM Company Formation DMCC has requested from the client, such as but not limited to credit card statement, utility bills, work contract, certificate of incorporation or other evidence of the economic origin of the funds. This is the only case in which refunds are offered. No refunds will be offered, for any reason, if the client decides to cancel his/her/its application after 7 calendar days.
5. Place of Action and Applicable Law
5.1. These conditions and all legal relationships between the client and SFM Company Formation DMCC shall be exclusively governed by the laws of the Dubai International Financial Centre. Any dispute arising out of or in connection with the service order shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre.
