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Terms and Conditions
Business terms and conditions for Micheloud & Cie's (herein referred as
"the company") bank account set-up service.
The client (herein referred either as "you" or as "the client") consents to
Terms and Conditions of Service. You represent that you have read and agree to
be bound by the terms and conditions of service ("TOS") for the company's bank
account set-up service.
The company will perform the service of opening a bank
account (herein referred as "the account") for the client (herein referred as
"the client"). 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". The company cannot be held responsible if these
complementary services cannot be set up. The service can only be employed for
legal purposes as determined by Swiss law.
Set up fee
The company charges a one-time fee for its service (herein
referred as "the set-up fee"). This set-up fee can change at any time without
prior notice. This set-up fee includes the mailing costs of the documents
from the company to the client by normal mail. Courier service is available at
extra cost. The set-up fee is quoted in Swiss Francs (CHF). 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 or American Express credit card bearing his/her name, by Western Union or
by bank transfer. The company shall not begin to perform its service before full
payment has been received. Clients who send the company 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.
The client will receive a full refund of the set-up
fee minus courier charges if the following three conditions are met : (1) the company is not able to open the client an account AND (2) the company 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 company's exact
instructions and any document which the company has requested from the client,
such as but not limited to credit card statement, utility bills, work contract
or other evidence of the economic origin of the funds AND (3) the request for the refund is made during the six months after the order.
NO REFUNDS WILL BE OFFERED IF, FOR ANY REASON, YOU DECIDE TO CANCEL YOUR APPLICATION.
Right or refusal
The company reserves the right to refuse to open accounts
without giving any reason or explanation thereto whether at the initial enquiry
stage or at any stages thereafter. The company cannot be held responsible for
any consequence, financial or other, that might arise from the impossibility or
refusal to open the account. The relation between the client and the bank is strictly submitted at all moments of the relation to the regulations of the bank. The bank remains free to open the account. The bank also remains free to take any decision it want during the relation, such as closing or freezing the account or refusing a transaction. The company cannot be held responsible for any consequences, financial, or other, that might arise from any decision or action of the bank. Moreover, no documents, information or assessment given by the company can be taken as a commitment of any kind of the bank.
There are no warranties, claims or representations made by
the company, either express, implied, or statutory, with respect to the account,
including warranties of quality, service, safety or fitness for a particular
purpose. The company does not warrant that the account will meet the client's
needs or will provide all the facilities the client will want or that the client
has the right to open and operate the account according to foreign laws. The
foregoing exclusions and disclaimers are an essential part of this agreement and
formed the basis for determining the set-up fee.
The client has to give sufficient information as requested
by Micheloud & Cie about the economic origin of the money that the client
will transfer on his/her bank account. This information is necessary to satisfy
due diligence requirements and is kept strictly confidential. The client agrees
to fully disclose the economic origin of the money he/she will transfer on the
account and to disclose of the beneficial owner of the said funds if it is a
Identity of the depositor
The client has to give proof of his/her identity
as requested by the company, including a photocopy of his/her passport
authenticated according to the company's exact instructions.
The company will strictly respect the client's
The company will not knowingly divulge any information to a
third party, save in the case of a court order from a relevant Swiss court.
The client authorizes the company to give to a third party any information in the
company's possession about the client as part of any legal procedure against the client
for non-payment of the fees owed to the
company or as part of any other procedure concerning the payment of the
fee owed to the company.
The client also authorizes the company to communicate this information to the bank with which the account will be opened.
Finally, the client authorizes the bank to communicate the company the date of opening of the client's account.
Place of action and applicable law
These conditions and all legal
relationships between the client and the company SHALL BE EXCLUSIVELY GOVERNED
BY SWISS LAW. The place of performance of the obligations of both parties and
the exclusive venue for any other kind of legal proceedings is Lausanne,
Switzerland. The company reserves the right to take legal action before the
courts of the client's domicile or before any other competent