TERMS & CONDITIONS
The following general terms of sale apply without any restriction or limit, to all contractual relationships between the client and CALAY LTD, (CALAY Banking™), hereafter referred as the “company”.
The company provides the client, who accepts the offer, with an international bank account introduction service in order to open a bank account on its behalf in a reputable bank, accordingly to its professional or personal needs.
The company advises the client on the choice of the most suitable bank to its needs and guides the client throughout the account opening process. CALAY Banking™ is not a bank but acts as an agent between the client and the bank in exchange for a commission from the bank and a fixed fee from the client.
CALAY Banking™ does not provide banking services, does not advise on investments, nor proceed to public offerings. The service only concerns the opening of a bank account. The client can only use this service in compliance with the laws wherein the account will be open, as well as in respect of its home country legislation.
The company charges introduction fees to the client for the service provided (hereafter “The fees”). These fees include postage fees to send the bank account opening documents to the client by basic mail. Courier delivery services such as TNT of DHL are available on demand and will be charged in addition. The opening fees will be charged in Euros by the company SIMPLE GROUP. These fees are payable prior to the provision of the services offered by the company, by debit/credit card, check redeemable in England or in Switzerland, by bank transfer or by cash deposit in one of CALAY Banking™ branches.
The client will receive a 50% refund of the opening fees only if the following cumulative requirements are met:
(1)The company has not been able to open the bank account for the client AND
(2) The company received all the required documents, including the signed bank account opening forms, a copy of valid identity documents certified by a competent authority, accordingly to the instructions specified by the company, as well as all required documents for the bank account opening and/or evidence of the source of funds that the client intends to pay on the account.
NO REFUND WILL BE GRANTED, REGARDLESS THE REASON, IF THE BANK ACCOUNT APPLICATION IS CANCELLED BY THE CLIENT
The contractual relationship between CALAY Banking™ and the client ends after the completion of the bank account opening and after receipt of the bank account details by the client. Should the company not receive any reply from the client (via postage services or e-mail) during the bank account opening procedure; the contract shall automatically end within 90 days from the date of the last correspondence sent by CALAY Banking™.
The company declines any responsibility for any consequences, financial or other consequences , resulting from the impossibility to open the account. The account opening is subject to the bank acceptance of the account opening application. The contract between the client and the bank is bilateral. The client agree to be bound by the terms and conditions of the bank in which the account will be open. The company does not give any guarantee to the client on the services offered by the bank. The company shall not be responsible for any change in the bank’s terms & conditions after the bank account opening. The client undertakes to comply with the laws of its country of residence. The company will not be held liable under no circumstances should they not be observed.
The client undertakes to provide all the required information regarding the origin of the funds that will be deposited on the bank account (hereafter referred as the “funds”). This information is necessary to comply with the due diligence obligation of the company and of the bank in which the account will be open and will be kept strictly confidential. The client accepts to reveal in details the origin of the funds as well as the identity of the beneficial owner of the funds if the funds are held for a third-party.
The contractual relationship between the client and the company has, by mutual agreement, a purely confidential aspect. The company undertakes to preserve the client’s confidentiality and will not divulge any information to a third-party, unless agreed otherwise by the client and except of any information requested by a competent legal authority. The client allows the company to give information to a third party in an event of a lawsuit against a client for unpaid fees due to the company or as a part of any other legal procedure regarding the payment of outstanding fees by the client to the company. In addition, the client authorizes the company to give all information held about the client to the bank in which the account will be open or to any other SIMPLE GROUP branches.
These terms and conditions, and all relationships between the client and the company ARE EXCLUSIVELY GOVERNED BY THE LAW OF SEYCHELLES.
Any dispute between parties, regardless the nature or purpose, whether the concern is related to validity, interpretation, formation, or execution of these terms shall be submitted to the court of the competent jurisdiction of SEYCHELLES. The company also retains the right to act in the client’s country of residence or before any other competent authority.
CALAY Banking™ is a company registered in Seychelles under number 015222, with a registered office address situated at 306 Victoria House, Victoria, Mahé Seychelles.