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Service Terms & Conditions
Service Terms
Disclaimer
Privacy Practice
Definition
Client means the owner or owners of the Company or Person or Persons authorised by the owner(s) who have requested AC to provide Services to the owner(s) or authorised person(s) of the company and in the case of more than one owner or person mean such owners or persons jointly and severally.
Client’s Appointees means any and all persons who may from time to time be nominated, appointed or act as director, alternate director, secretary, manager, partner, trustee, protector, bank signatory, other officer, grantee of a power of attorney, administrator, registered agent, or provider of a registered office, address for legal service, or registered shareholder of the Company.
Company means any company, trust, foundation or other legally recognised structure established and/or administered by AC.
AC means AC Business Consulting (Shanghai) Co.,Ltd. or any other member of the AC Group.
Person means any human, firm, company or other body incorporated or unincorporated.
Services means, but are not limited to, company formation, management, administration, registered agent, bank or brokerage introductions, Accounting & Tax advisory, Translation, HR, Sourcing, Import / Export and other related services provided by AC to Client's Company.
Business Activities
AC reserves the right to discontinue providing Services and ceasing to act without notice for any Client if any Client is or becomes an Excluded Person or engages in any illegal or barred activity.
An Excluded Person includes those who have been imprisoned or found guilty of any criminal offence; Persons who have been proven to have acted in a fraudulent or dishonest manner in any civil proceedings; and Persons who have acted in any manner displaying moral turpitude.
Illegal or barred activities include illegal or other activities related to money laundering, receiving the proceeds of drug trafficking, terrorist activities or criminal activities or trading with such countries which have been excluded by banks and financial institutions from time to time.
Client's Responsibilities
Client shall provide AC with a copy of his/her passport or Investor’s registration certificate for AC's records. AC shall retain the copy of Client's passport or certificates in strict confidence unless required to disclose the same to a bank or brokerage firm to open an account or by a competent court of law or otherwise instructed by the Client.
Client shall provide AC with updated contact details and instructions regarding restrictions on communication matters.
Client shall not involve the Company in any unlawful act or undertaking as the same may be defined in various jurisdictions in which Client's Company does business. It shall be Client's sole responsibility to determine whether any such acts or undertakings are unlawful. AC shall not be responsible for any unlawful act or undertaking in which the Client or Client's Company has been engaged.
Client shall ensure that the Company has sufficient funds to meet its commitments to AC and other third party suppliers of services and/or products in a timely manner. AC shall not be responsible for financial commitments of Client's Company.
AC expressly disclaims any liability to the Client, the Company, and any third parties for any damage or loss to the Client, the Company or any other Person arising out of the use of the Company and/or Services by the Client or any other Person.
Client shall indemnify and hold harmless AC, its affiliates and their directors, officers, employees and agents from and against all claims, actions, costs (including legal) and liabilities arising out of or relating to these Terms and Conditions of Business and the Services provided to the Company.
Confidentiality
AC will not divulge to any third party any information concerning the Company, its Owners, its Directors and Shareholders, without the prior consent of the Owner. This clause is inapplicable when AC is compelled by law to disclose such information.
Validity
These Terms and Conditions of Business supersede all prior Terms and Conditions of Business whether oral or written and no prior notice is required to be given to Client or potential Clients.
Termination of Services and Agreement
Any and all obligations of AC shall cease forthwith if the Client shall fail to observe these Terms and Conditions of Business or if it comes to the attention of AC that the Company is being used for activities other than the nature of business to be undertaken by the Company as provided by the Client in the Company Order Checklist.
Dispute Resolution
This Agreement shall be governed by and interpreted in accordance with the substantive laws of The People’s Republic China and all disputes arising in connection thereto shall be finally settled by the China International Economic and Trade Arbitration Commission Shanghai Office in accordance with its rules. For the avoidance of doubt the Client and AC agree that the decision of such arbitration shall be binding on all parties to that arbitration.