DEFINITIONS AND INTERPRETATION
“OCI” means and includes:
(a) Offshore Companies International Limited incorporated in Hong Kong Company Number 1816467, its successors and assigns at law including but not limited to any corporation or other entity to whom the client base and or business of OCI may be assigned or sold.
(b) With respect to any person or entity referred to in (a) above: its directors, officers, shareholders, employees, agents, consultants, its subsidiary companies and any directors, shareholders, secretary or other nominees provided by it in connection with the Company and all and each of their respective successors and assigns;
“Client” means the person(s) or firm/Company who has requested “OCI” to provide services or has agreed or has previously paid for services.
“Company” means: (a) any one or more Companies or Trusts or Private Interest Foundations that the client has asked “OCI” to provide services; and
(b) any company, trust, private interest foundation or other structure established and/or administered at any time by or through OCI at the request of the Client;
“Politically Exposed Person” or “PEP” means and includes:
(a) a senior foreign political figure
(b) a person who has been entrusted with a prominent or important public function
(c) a person who on account of his or her current or former political or public position has the potential to attract
publicity beyond the borders of the country concerned
(d) a person whose financial circumstances may be the subject of additional public interest
(e) an individual who is closely related to a person identified above
“PIF” means Private Interest Foundation
“Services” means any Company, Trust or PIF Formation; Management; Documentary; Administration; Councilor, Trust or Trustee services provided to the Client his Company or a Trust or a PIF formed on behalf of the Client.
“Trust” means any Trust or Settlement established or administered for or on behalf of the Client.
Words importing one gender include all other genders and words importing the singular include the plural and vice versa
1) OCI reserves the right to decline to process any client’s applications or instructions without giving any reasons.
2)An application/order form does not constitute a contract unless accepted by OCI.
3) Unless OCI’s documentation and compliance procedures are met in full, we reserve the right to terminate our services without further notice, in which case no prepaid fees shall be refundable.
4) All fees are payable at the time of instruction.
5) Fees are as initially stated in writing unless otherwise agreed by OCI in writing.
6) Annual fees, Government taxes and any disbursements will be billed two months prior to the due date. If the Client does not notify us in writing within thirty days that he no longer requires the services he shall be deemed to have accepted liability for payment of the full amount due. Late payment of annual fees or Government taxes will incur penalties and administration charges.
7) Any discounts offered to Clients apply only to OCI’s fees and not to Government taxes, duties or disbursements.
8) OCI reserves the right to increase fees without prior notice to the Client.
9) Any fees paid to OCI are non-refundable.
10) Any services provided by OCI are on an annual basis, unless agreed otherwise in writing.
11) A termination fee of $500 may be payable by the Client to OCI upon the services no longer being required, whether this be due to liquidation (voluntarily or compulsorily) of a Company, PIF or Trust, disposal of a Company, transfer of the management of a Company, PIF or Trust or otherwise. The termination fee will be charged in addition to any disbursements or other fees due and payable at the time of termination.
12) Where a Company or Trust or PIF has been formed for a Client and no other management or administration services are being provided by OCI a transfer fee of $450 will be payable.
13) Disbursements and out of pocket expenses will be charged in addition to OCI’s published fees.
14) We reserve the right to charge additional fees for work not included in our published fee schedule or for work of an unusual or exacting nature.
15) All fees are exclusive of Value Added Tax, Goods and Services Tax or other point of sales taxes and will be subject to such taxes at the prevailing rate as may be required by current legislation.
16) Save as for the gross negligence of OCI, its directors, employees, agents or representatives, the Client shall indemnify the said OCI, its directors, employees, agents or representatives at all times against:
(i.) any cause of action arising from the provision of the Company, administration and management services.
(ii.) any cause or action arising whatsoever which relate to the provision of any services and which relate to instructions carried out upon the specific instructions of the Client or otherwise.
(iii.) any matters or acts which have been performed or omitted to be performed by the Client or their agents on behalf of the Company.
17) Where a Registered Office Service is included as part of a package of services purchased by the Client no reference shall be made to the Registered Office address in any publication or by way of public announcement without the prior written consent of OCI. The facility is made available by OCI and/or via its agents on the basis of a license and is revocable and, upon the request of OCI, the Client shall immediately transfer the Registered Office to an address of their choice.
18) From time to time, it may be necessary for OCI to move its offices, Registered Offices or Resident Agents to another location. OCI undertakes to give the Client as much advanced notification as possible of any such move but will not accept responsibility for any costs incurred by the Client as a result thereof.
19) The Client hereby agrees to keep OCI informed of any change in their correspondence address and principal contact details.
20) All instructions or requests for action shall be transmitted to OCI in writing, however OCI may, at its discretion, agree to action any such instruction or request given other than in writing only on the express understanding that OCI shall not be liable in respect of any misunderstanding or error occasioned in processing such action or request acted upon in good faith.
21) All communications in relation to the administration, management or provision of any services for the Company including sending of annual renewal/Government tax notices shall be deemed to have been properly communicated to the Client if sent by ordinary post or by fax or by email to the current address or fax number provided by the Client. It shall not be necessary for OCI to provide proof of postage or receipt.
22) OCI accepts no responsibility for loss or damage arising from the use of facsimile, email or other electronic instructions. The Client acknowledges that such methods of communication are not secure.
23) OCI shall not be liable for any failure to comply wholly or in part with any instructions and shall not be liable for non-receipt of instructions. The Client shall have no claim whatsoever against OCI in respect of anything done or omitted to be done or in respect of any exercise or discretion, gross negligence on the part of OCI notwithstanding.
24) OCI does not accept responsibility, legal or otherwise, for any loss, liability, or costs incurred by clients in connection with formation or acquisition of any Company or legal entity by them, or their Company or entity.
25) Use of a corporate name in any manner whatsoever by a Client prior to complete transfer or incorporation and receipt of Company documentation is regarded as unauthorised and may be construed as illegal. All advice given and publications produced by OCI are based on our interpretation of current legislation and is given in good faith and does not purport to be legal, accountancy, or tax advice, however no liability can be accepted by OCI for advice given, and Clients are advised to seek independent professional advice from their tax, accounting, financial, investment and legal advisors prior to placing an order with OCI.
26) Whilst OCI will endeavour to advise Clients with regard to the use of a name or similarity to any other Company name, OCI will not be held liable for any actions arising against the Client in respect of such similarity, passing off or infringement of any trademarks.
27) The Client agrees to provide OCI with whatever information it reasonably requires with regard to the Company’s Beneficial Owner(s) or the activities or dealings of the Company or other legal entity.
28) If OCI is not satisfied that the Company or Client is conducting their affairs within the law and current legislation, OCI reserves the right to terminate such administration, management or any other services being provided at the time of the said termination. Notice of the aforementioned termination shall be made in writing to the Client and no refund of fees shall be made.
29) OCI reserves the right to examine or open, or have its agents examine or open, any Client mail at its own discretion.
30) In the case of dispute, it is agreed that any redress should be sought through the courts of Hong Kong.
31) Delivery Policy
(a) All products and services must be paid for in full, together with delivery costs as quoted, prior to courier or airmail dispatch.
(b) Occasionally orders are returned to us as incorrect address, a PO Box and hotel address, failed delivery attempts, refuse to pay tax/ refuse to provide ID copy/ unable to make import declarations or parcel refused by recipient.
(c) When the delivery agent returns an undeliverable package to us, and we are requested to issue a refund, we will issue a refund being the full price paid less the original courier or airmail fee and 15% of the value of product or services as purchased as a re-stocking fee.
(d) We can re-ship orders that are returned to us as undeliverable or unclaimed. However, clients will be charged an additional courier or airmail fee as per originally quoted where a/the client requests us to re-ship an order.
Offshore Companies International Limited, the owner of offshoreincorporate.com and other related websites is strongly committed to protecting your privacy. We use the personal data we collect on the site for various purposes. Use of such personal data will help us to add more products and services of interest to you and also to ensure that your service experience with us is an enjoyable and personalized one. Please read on for more details on our policies and practices in relation to personal data:
1. Our Pledge
We pledge to meet fully, and where possible to exceed, the requirements of the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong). In doing so, we will ensure compliance by our staff with the strictest standards of security and confidentiality.
2. Protection of Information
We use sophisticated encryption technology and secure servers to keep your personal information (including your name, email and mailing address, telephone number, credit card information and purchase history) safe. All your ordering information is protected during transmission by using the Secure Sockets Layer (SSL), which encrypts the information that you input so that it cannot be read in transit. Other security measures include restricting access to personal data to employees who have a need to use the data and who have been trained to handle such data properly and observe confidentiality. No unauthorized access will be allowed.
Most browsers automatically accept cookies. You can disable cookies on your computer by indicating this in the preferences or options menus in your browser. If you disable cookies, you may not be able to shop at our website/s but will still be able to visit selected areas of the site.
4. Websites of third parties
When you click on links and/or ad banners that take you to either third parties websites or websites of companies associated with Offshore Companies International Limited, you will be subject to the privacy policies of those parties. Whilst we support the protections of privacy on the internet, Offshore Companies International Limited cannot be responsible for the actions of parties outside our web domain.
Personal Information Collection Statement
5. Personal data that we collect
Types of personal data that may be collected or held by us include:
- contact details including telephone number, mailing address, email address; and
- payment methods that you use, including the details, such as credit card numbers.
6. Purposes of collection
The personal data collected will be used for the following purposes:
- membership registration;
- fulfilling your orders for products and services, order processing and payment clearing;
- responding to your inquiries, suggestions and opinions; and
- fulfilling any purpose directly related to the above purposes.
- Membership registration:When you join offshoreincorporate.com (or any of the Offshore Companies International Limited group websites) as a member, we need to know your name, email and mailing addresses. We hope that you complete the profile survey on a voluntary basis in order to allow us to serve you better.
- Ordering information:When you place an order with Offshore Companies International Limited, you will be asked to provide details such as credit card number and mailing address. This allows us to process and fulfill your order and to notify you of your order status.
The provision of such personal data is voluntary. However, we may not be able to fulfill the purposes stated above or provide service to you if such data have not been provided. We may contact you to verify the accuracy of the data supplied. We will not retain your personal data longer than necessary.
7. Direct marketing
We may use your personal data to market or promote products or services, or to conduct activities as follows:
- sending information in relation to our products and services, activities, contests, promotions and events;
- marketing and promoting activities (including contests) for us, our vendors, business partners and other selected companies;
- joint marketing schemes with other third parties;
- customizing promotional offers and advertising contents, so as to streamline your ordering experience with us;
- providing personalized marketing and promotional information (including benefits and privileges) to you;
- collecting statistical information, conducting analysis for business analysis purposes;
- conducting surveys relating to our customers, products or services;
- evaluation and further enhancement of our products and services; and
- fulfilling any purpose directly related to the above purposes.
- Membership privileges:Offshore Companies International Limited members/subscribers enjoy many privileges, including newsletters, participation in special offers and promotions, and streamlined ordering experience. We may provide personalized services, send out free product samples or other special benefits.
- Contests and Promotions:
We may from time to time organize or host contests and promotions and in doing so ask for information including your name, email and mailing address, telephone number. We will use this information to notify you if you have won a contest, and to help shape our future contests or promotions.
But before we do so, we need your consent. Please indicate your consent by checking the appropriate box on our online form. You may, at any time and without charge, request us to change your preference chosen or not to use your personal data in direct marketing. Please update your preference in our website or inform our Customer Service Representative through the contact details specified in “Further Information” below.
8. Transfer of personal data
- any other company within the Offshore Companies International Limited group of companies, whether within or outside Hong Kong, for any of the purposes stated in this form. If you do not wish us to transfer as such, please inform our Client Services Manager through the contact details specified in “Further Information” below;
- any agent, contractor or service provider who provides administrative, order processing, payment clearing, credit reference, debt collecting or other services necessary to the operation of our business; and
- any person to whom we are, in our belief in good faith, under an obligation to make disclosure as required by any applicable law.
Offshore Companies International Limited may also provide aggregate statistics about our customers, sales, traffic patterns and related site information to reputable third-party vendors, but these statistics will include no personal data that uniquely identifies an individual. Save for in the event that we sell this business or our company we will not sell or disclose any personal data that identifies you to any third party without your approval.
9. Rights of access and update of personal data
You may check whether we hold any of your personal data and, if so, may also request access, update or correction, or request a copy of your personal data held by us by contacting our Client Services Manager through the contact details specified in “Further Information” below.
We may take reasonable steps to verify your identity before entertaining your request. A reasonable fee may be charged to cover our administrative costs. We will endeavour to respond to you within a reasonable time.
11. Further Information:
- by telephone: +852 3069 1620 during business hours: Monday to Friday, 9:00 am to 6:00pm) (Hong Kong is GMT +8)
- by e-mail: email@example.com; or
- by mail: Offshore Companies International Limited, Unit 1010, Miramar Tower, 132 Nathan Road, Tsimshatsui, Kowloon, Hong Kong