Fairwinds Management Limited (“FWM”), having its principal place of business at Abacus Business Centre, Level 1, Triq Dun Karm, B’Kara Bypass, Birkirkara, BKR 9037, Malta, company registration number C61079 with authorized and issued share capital paid up of Eur 50,000 (“FWM” or “Company”) provides online services (“Services”) to you (“you” or “the Client”).
The Services include the sale of Services at standard prices, whereby the company provides the Services subject to the following terms and conditions (“Terms”). You are accepting these Terms in order to receive the Services.
BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES AND GUIDELINES.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. THE COMPANY MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON PUBLISHING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS OR ANY MODIFICATION THEREOF, DO NOT CONTINUE TO USE THE SERVICES OR THE COMPANY’S WEBSITE.
You are eligible to register on the Company’s website and use the Services if you may enter into legally binding contracts for the purchase of goods or services under applicable law. Persons under the age of eighteen (18) may not use the Services and may not register. Prior to providing you the Services, the Company may require that you provide a valid credit card number, billing address, and credit card expiration date or other form of payment. The Company may use this information to verify your name, address, and other information and to charge you for any purchases made by you on the Company’s website.
2. Copyright, Licenses and Idea Submissions
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are FWM, its affiliates or other third-party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
Publications, products, content or services referenced herein or on the site are the exclusive trademarks of the FWM. Other product and company names mentioned in the site may be the trademarks of their respective owners.
4. Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by FWM, FWM does not operate, control or endorse any information, products or services on the Internet in any way. Except for FWM-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are or are not affiliated with FWM. You also understand that FWM cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You agree not to promote anything illegal, unethical, or potentially offensive for FWM via use of the links, ads, emails, or any other way. You agree not to directly or indirectly circumvent, tamper with or defeat the intent, purpose and/or functionality of FWM. The main intent of the Site is to provide Services for sale on the Company website.
You also understand that you may receive emails with promotional offers from the administrators of the Site. It is however our policy to keep our clients details private and therefore do not pass any details on to marketing or research companies. Personal details will NOT be disclosed or passed on to any unauthorised third party.
5. Limitation of Liability
IN NO EVENT WILL FWM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF FWM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION OBTAINED THROUGH THE SITE. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH COUNTRIES, FWM´S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. FWM PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND FWM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY.
FWM makes no representations whatsoever about any other website which you may access through this one or which may link to this Site.
You agree to indemnify, defend and hold harmless FWM, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.
7. Third-Party Rights
The provisions of paragraphs 4 (Use of the Site), and 6 (Indemnification) are for the benefit of FWM and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
8. Language and Support
Our written and spoken languages are English and Italian. We do not provide tax advice nor phone support. However should you wish to be contacted please use the Contact Form or send us an email and provide a phone number and description of your query and we will get back to you either via email or phone (kindly tick your preferred method of communication).
9. Business Terms
All prices are final and are deemed to be exclusive of all taxes for business to business services. Please provide us with a VAT number if you are based in the EU so that you are exempted from VAT. If you cannot provide us with a VAT number we will have to charge additional 18% on top after checkout.
Upon receipt of your payment, you have five business days granted as a grace period to request money back. An administration cancellation fee will be applicable and FWM will not be liable for any charges by the financial institution to refund back. We will raise a fiscal invoice after this grace period or after establishing a realistic timelines for completion of work. Client agrees to give FWM a reasonable time to complete the full setup provided that the client collaborates by providing necessary information requested by FWM for the furtherance of the Services to be provided.
For all setups Services offered in the website the number of shareholders is limited to 2 persons, in some exceptional cases the Company can accept 3 persons. The Company has a right to charge additional fees (which will be pre-advised to the client) if the proposed structure contains UBOs (ultimate beneficial owners) that are not individuals.
If you have more members, we can request an additional fee for extra work, this would be pre-advised before we start work so that if you do not accept, we cancel the sale and return funds to you without any obligation.
The Company reserves the right to stop any Services before the client sends payment in full for agreed setup and also reserves the right not to perform Services if at any point in time there are pre-agreed unpaid bills that are overdue by 30 days from agreed payment date.
10. Due Diligence
You agree to furnish FWM all KYC (Know-Your-Client) documents requested and additional information as requested for due diligence purposes. If you fail our due diligence checks, we will return money back to you less a processing fee of 10% of the order value with a minimum of €200 and a maximum of €500 to cover administration and charges by the financial institution without asking any questions. All the correspondence will be deemed confidential and we will destroy any due diligence documents sent to us. If you are unsure to send us documents, you can send the setup and the names and we will run a background check first. In principal we do not accept convicted persons, or people who have been involved in white-collar crimes, fraudulent, money laundering or criminal activities.
We have a right to request additional documentation if requested by financial institutions or governmental authorities. For introductions to local or foreign financial institutions, we do not guarantee the opening of the account; this is subject to their KYC procedures and acceptance policy. For an exhaustive list of documents required, download our standard checklist of documents requested here: Due Diligence Checklist (PDF)
You agree that for the provision of the Services, the Company might disclose client data to third parties for the purposes of providing the Services (disclosing to Government authorities and for introduction to local or foreign financial institutions purposes only). The Company agrees that it will not disclose any client information to other third parties without your consent.
The Company might require that you send us documents in the form of pre-filled up forms to be signed with original signatures, and these are to be returned to us to be passed on to third parties.
This Agreement shall all be governed and construed in accordance with the laws of Malta applicable to agreements made and to be performed in Malta. You agree that any legal action or proceeding between FWM and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Malta. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. FWM´s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. FWM may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
12. Governing Law and Arbitration
These terms and conditions shall be subject to and governed by Maltese law. Any disputes, claim or controversy arising out of or in connection with this Agreement, shall be or the breach, termination or invalidity thereof, shall be settled to the exclusion of the ordinary courts, by arbitration in accordance with Part V (International Arbitration) of the Malta Arbitration Act (Chapter 387, Laws of Malta) (the “Rules”) when notice of Arbitration was is submitted in accordance with those Rules. The number of arbitrators shall be three.
The seat and place of the arbitration shall be the Malta Arbitration Centre, currently at Valletta, Malta. The arbitral proceedings shall be conducted in English.
Each party shall appoint one arbitrator. The two arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator of the arbitral tribunal. If within 30 days after the receipt of a party’s notification of the appointment of an arbitrator the other party has not notified the first party of the arbitrator it has appointed, the first party may request the appointing authority (the MAC) to appoint the second arbitrator. If within 30 days after the appointment of the second arbitrator the two arbitrators have not agreed on the choice of the presiding arbitrator, the presiding arbitrator shall be appointed by the MAC as promptly as possible in accordance with Chapter 387.