8. Rights and obligations of the Provider8.1. The Provider undertakes:
8.1.1. to make reasonable efforts to properly render the agreed services;
8.1.2. to inform the Client of the need to provide additional documents, information and approvals if required to provide the services;
8.1.3. to maintain the confidentiality of the Client’s information to the extent provided by this Offer, the Privacy Policy, applicable law and the nature of the services provided.
8.2. The Provider has the right:
8.2.1. to independently determine the methods of organizing and providing services, unless otherwise expressly agreed with the Client;
8.2.2. to request any documents and information reasonably necessary for the provision of services and for the Client’s verification;
8.2.3. to engage third parties to provide the services;
8.2.4. to suspend provision of services in the absence of necessary cooperation from the Client;
8.2.5. to refuse to establish or continue business relations with the Client in the cases provided by this Offer;
8.2.6. to change the volume, sequence or organization of actions for the provision of services if this is caused by legal requirements, the specifics of procedures, actions of third parties or objective necessity.
9. Cost of services and payment procedure9.1. The cost of services is determined individually depending on the content of the Request, jurisdiction, urgency, number of documents, level of complexity, volume of support, involvement of third parties and other factors.
9.2. The cost of services may be fixed in a commercial proposal, invoice, correspondence, separate agreement, engagement letter, appendix, specification or other agreed document.
9.3. Unless otherwise agreed by the parties in writing, the Client must pay the issued invoice within the period specified in that invoice.
9.4. The Provider may decline to commence provision of services until payment is received, unless another procedure is agreed by the parties.
9.5. If provision of the services requires payment of state duties, notary fees, registration fees, translations, legalization, apostilles, services of couriers, banks, payment institutions, registrars, licensing authorities, external consultants or other third parties, these expenses are payable separately by the Client unless otherwise expressly stated in the agreed cost.
9.6. Bank fees, payment provider fees and other expenses associated with the transfer of funds are borne by the Client unless otherwise expressly agreed by the parties.
9.7. In case of delay in payment, the Provider may suspend provision of services until full settlement of the debt.
10. Refunds and termination of provision of services10.1. Unless otherwise agreed by the parties in writing, funds received by the Provider shall be refunded only to the extent not related to services already provided, work actually performed, expenses incurred and obligations to third parties.
10.2. In the event of the Client’s refusal of the services after their commencement, the Provider may retain the cost of services actually rendered, time spent, prepared documents, consultations conducted, expenses incurred, as well as amounts payable to third parties or already paid to them.
10.3. Payments made to government bodies, registrars, notaries, banks, payment institutions, courier services, translators, legalization agents, external consultants and other third parties are generally non‑refundable unless otherwise follows from the rules of the relevant third party.
10.4. The Provider may unilaterally refuse to provide services or terminate business relations with the Client in the event of:
10.4.1. violation by the Client of the terms of this Offer;
10.4.2. failure by the Client to provide documents, information or cooperation necessary for the provision of services;
10.4.3. failure by the Client to pass KYC or compliance verification;
10.4.4. the presence of legal, sanction, regulatory, reputational or other significant risks;
10.4.5. the Client’s failure to fulfil payment obligations;
10.4.6. identification of signs of prohibited, illegal, fraudulent or unfair activity.
10.5. In the event of the Provider’s refusal to continue providing services on grounds related to actions or inactions of the Client, the refund of funds is made in accordance with the rules of this section.
10.6. In the event of suspension of the services, the Provider, if possible, notifies the Client of the reasons for suspension and provides a reasonable period to eliminate the circumstances preventing the provision of the services.
11. Prohibited activities and restrictions11.1. The Provider does not provide services and may refuse to provide them if the Request is directly or indirectly related to illegal activities, international sanctions, financing of terrorism, money laundering, fraud, circumvention of mandatory legal requirements, use of forged documents or other unacceptable circumstances.
11.2. The Provider may at its discretion determine categories of prohibited or unacceptable activities, as well as the list of jurisdictions, clients, business models or transactions with which the Provider is not willing to establish or continue business relations. Such a list may be provided to the Client upon request or posted on the Provider’s website.
11.3. The Provider is not obliged to disclose to the Client its internal risk assessment criteria if such non‑disclosure is due to the legitimate interests of the Provider, compliance requirements, security of procedures or obligations to third parties.
12. Liability and limitation of liability12.1. The Provider is liable only for losses caused to the Client as a result of proven culpable non‑performance or improper performance of its obligations, within the limits permitted by applicable law.
12.2. The Provider is not liable for:
12.2.1. decisions, actions or inactions of banks, payment institutions, registrars, licensing authorities, government bodies, notaries, courier services, external consultants and other third parties;
12.2.2. refusal of registration, licensing, account opening, payment processing, issuance of permits, visas, residence permits, citizenship, certificates, numbers, status or other results dependent on third parties;
12.2.3. the time taken by third parties to consider applications and documents;
12.2.4. consequences of the Client providing inaccurate, incomplete or untimely information;
12.2.5. inability to provide the services due to changes in legislation, sanction regimes, administrative practice, regulatory requirements, technical conditions or the policy of third parties;
12.2.6. indirect losses, lost profits, loss of business opportunity, reputational losses or other indirect consequences, unless otherwise imperatively established by law.
12.3. All information, materials, explanations, comments, opinions, assessments and proposals are provided by the Provider based on the data available at the relevant moment and its understanding of applicable regulation, but cannot be regarded as an absolute guarantee of a specific result.
12.4. The total liability of the Provider for the relevant services is in any case limited to the amount of remuneration actually received by the Provider from the Client for such services, unless otherwise imperatively provided by applicable law.
12.5. The Client undertakes to reimburse the Provider for all losses, expenses and costs, including legal expenses, incurred as a result of:
- provision by the Client of inaccurate, incomplete or misleading information;
- violation by the Client of the terms of this Offer;
- use of the services for unlawful purposes;
- claims by third parties related to the actions or inactions of the Client.
13. Representations and warranties of the Client13.1. The Client represents and warrants that:
13.1.1. has the necessary legal capacity to conclude a contract on the terms of this Offer;
13.1.2. if acting on behalf of a legal entity or another person, has sufficient authority to do so;
13.1.3. the documents and information provided are reliable, complete and up‑to‑date;
13.1.4. the use of the Provider’s services does not violate applicable law and does not contradict the Client’s obligations to third parties;
13.1.5. the Client, its representatives, beneficiaries and related activities are not subject to unacceptable restrictions that make provision of the services illegal or unacceptable.
14. Confidentiality and personal data14.1. The parties undertake to maintain the confidentiality of information received in connection with the provision of services, except where disclosure is necessary for the provision of the services, is required by law, arises from the requirements of a regulator, bank, payment institution, registrar, licensing authority, court or other competent authority.
14.2. Processing of personal data is carried out by the Provider in accordance with the Privacy Policy and Cookie Policy posted on the website.
14.3. Processing of personal data may also be carried out in accordance with the requirements of the General Data Protection Regulation (GDPR), if it applies to the relevant relationships.
14.4. The Client confirms that, prior to acceptance of this Offer, they have read the Privacy Policy and Cookie Policy posted on the Provider’s website, understand the procedure for processing personal data and accept the terms of such processing, including the possibility of transfer to third parties to the extent necessary to provide the services, conduct KYC and fulfil legal requirements.
15. Procedure for handling enquiries and complaints15.1. If questions, comments or claims arise related to the provision of the services, the Client has the right to send an enquiry to the email address: info@finextwin.com.
15.2. The Provider considers the Client’s enquiries within a reasonable period, usually not exceeding 30 calendar days.
15.3. Based on the results of the enquiry, the Provider may propose options for resolving the situation or provide a reasoned response.
16. Force majeure16.1. The Provider is not liable for full or partial non‑performance of obligations if such non‑performance is caused by circumstances beyond the reasonable control of the Provider, including natural disasters, wars, mass disturbances, actions of authorities, sanctions, cyber incidents, communication failures, infrastructure failure, technical malfunctions, epidemics, pandemics, strikes, service shutdowns, restrictions by banks, registrars, platforms, providers or other similar circumstances.
16.2. During the period of such circumstances, the deadlines for fulfilling obligations are proportionally extended.
17. Applicable law and dispute resolution17.1. This Offer and all relations between the Provider and the Client are governed by the laws of Georgia, unless otherwise imperatively provided by applicable law.
17.2. The parties will strive to resolve all disputes, disagreements and claims through negotiations and bona fide exchange of positions.
17.3. If it is not possible to resolve a dispute through negotiations, the dispute shall be settled in accordance with the laws of Georgia.
18. Other provisions18.1. Invalidity or unenforceability of any provision of this Offer does not entail invalidity of its other provisions.
18.2. Inaction by the Provider in case of the Client’s violation of this Offer does not constitute a waiver of the corresponding right in the future.
18.3. This Offer should be interpreted together with the Terms of Use and the Privacy Policy and Cookie Policy posted on the website, unless otherwise follows from the substance of a specific document.
18.4. In the event of discrepancies between the terms of this Offer and separately agreed terms between the parties, the separately agreed terms take precedence with respect to the relevant services.
19. Contact informationProvider: Finextwin LLC
Email: info@finextwin.com
Website:
https://finextwin.com