TERMS OF BUSINESS

The following comprises the standard terms of business governing the relationships between ISLA and its Clients.

1. Definitions

ISLA” means collectively Isla Offshore Advisor and ISLA Associates Ltd., a company incorporated in the Commonwealth of Dominica No. 10881, including all its employees, agents, officers and servants from time to time, as well as any subsidiary or nominee company directly related to ISLA Associates Ltd., involved in provision of the Services to the Client and/or to the Company.

In these Terms, ”you” and ”your” refer to the person (individual or entity) that uses the Site or Services (Clients). ”We”, ”us”, or ”our” refer to ISLA. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.

Owner” means the beneficial owner(s) of issued share capital of the Company.

Company” means the relevant company, trust or partnership owned by the Owner and to which ISLA provides or is to provide its Services.

Client” means the Company and/or the Owner and/or a person(s) having requested ISLA to provide Services, as well as their successors and authorized representatives.

Services” means any of the following: Information Services, Domiciliary Services, Bank Account Opening and such other service as may be agreed by the parties.

Site” means collectively www.isla-offshore.com and any other websites through which ISLA makes the Services available to its Clients.

Information Services” means provision of information, consulting and advice regarding international business activities, registration of companies in different jurisdictions, banking facilities and asset protection, business immigration, second residence and second passport programs, for informative and general guidance purposes, and do not imply an expert advice in said areas, nor tax advice, nor legal advice provision. Any tax information that can be useful as tax advice is not intended and is not to be used as an advice to any person or entity for the purpose of avoiding taxes and penalties imposed under laws of any country.

ISLA Content“ means all Content that ISLA makes available through its Site and Services, including any Content licensed from a third party.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.

Expert“ means a member of ISLA stuff who offers information and advice to the Client via the Site and Services.

Domiciliary Services” mean services comprising one or more of the following as agreed and as amended from time to time: formation of a company, provision of the registered office/registered agent/company secretary services, provision of Nominee Shareholders, Nominee Directors and other officers to comply with the law of the Relevant Jurisdiction, provision of Mail-forwarding, Fax, Telephone and Office Facilities, and such other accompanying services as may be explicitly agreed between the parties.

Bank Account Opening (Services)” means assistance with the bank account opening, such as introduction of the Client to a banking institution in the Relevant Jurisdiction and assistance with the paperwork, and comprises no guarantee of success with the opening of a bank account. Our bank account opening services include:

  • Preliminary information on opening of accounts, bank services, fees and charges;
  • Assistance with preparation of the corporate and personal documents and application forms for account opening;
  • Obtaining a pre-approval from the bank on account opening, if required;
  • Introduction of the Client to the bank;
  • Guidance through the account opening process, mediation and communication with the bank until a bank account number is assigned to you and/or your company if your application is approved.

The banking institution opens accounts at its discretion and reserves the right to refuse without giving reasons.

Provision of Nominee Directors” means using all reasonable endeavours to arrange for suitable persons to accept appointment as Directors of the Company. The directors are not responsible for the day-to-day operation and running of the Company and shall not be entitled to control the bank accounts and other assets of the Company and transactions entered into by the Company, unless otherwise is explicitly agreed between the parties.

Provision of Nominee Shareholders” means the provision of shareholders in respect of the issued share capital of the Company based on the standard documentation evidencing the appointment as nominees.

Mail-forwarding, Fax, Telephone and Office Facilities” mean the reception of mail packets, fax messages and telephone messages etc. on behalf of the Company, whether at the Company’s registered office in the Relevant Jurisdiction or elsewhere, and forwarding it to the Client. The available volume of this type of services depends on the capacities of a particular Provider.

Provider” means registered agent(s), banking institution(s), other corporate, administrative and financial services provider(s) in different jurisdictions.

Relevant Jurisdiction” means jurisdiction in which the Services are provided and/or the jurisdiction of incorporation of the Company.

Fees” mean a schedule of ISLA’s fees as setup and amended from time to time and advised to Clients by e-mail or otherwise through the Site and Services.

Order Form” means the Incorporation Form available from ISLA on request to be completed and submitted by the Client before commencement of Services.

Annual renewal fees” mean a flat-rate fee to be paid by all companies annually to continue in good legal standing. The jurisdiction of the company defines the amount of fees and the payment deadline, which vary accordingly. Failure to pay in time results in the loss of good legal status of the company and inability to conduct further business operation. Late payment involves late filing fees and the company may restores its good legal status and may continue operation after payment of annual fees and late filing fees.

Secure Client Area” means your account with ISLA where you gain secure access to your invoices, orders, documents and high priority support requests with ISLA.

Know your customer“ (KYC) means the process of verification of the identity, probity and integrity of the Client.

KYC Documents” means documents requested by ISLA and/or Banks under their Know your customer policy.

Terms of Business” means these Terms of Business or other new Terms of Business as may from time to time be published by ISLA on its website (www.isla-offshore.com) and shall constitute the exhaustive basis on which ISLA is to provide Services to the Client and/or to the Company (and together constitute the “Agreement”).

2. Unacceptable Business Activities

2.1. “Illegal Activities” mean any activity designated anywhere in the world as illegal or criminal, including but not limited, activities relating to terrorism, drug trafficking, money laundering, receiving the proceeds of criminal activities.

2.2. “Prohibited Activities” mean activities that are not accepted by ISLA in accordance with its policy of unacceptable business activities, which include:

arms, weapons or munitions; human or animal organs, including blood and plasma; the abuse of animals, the use of animals for any scientific or product testing purpose; genetic material; adoption agencies, including surrogate motherhood; the abuse of refugees or human rights; pornography; adult business; provision of trustees or services relating to the administration or management of trusts and companies or any other activity that may damage the reputation of ISLA or the country of establishment or incorporation of the Company.

2.3. If the Client engages in any Illegal or Prohibited Activities, ISLA may at its discretion immediately terminate provision of Services to the Client.

3. Duties of ISLA

3.1. ISLA will provide its Services with the reasonable skill and care of a professional business consultant and intermediary corporate service provider in all cases as soon as reasonably practical. Time shall not be of the essence of this Agreement.

3.2. Information Services. ISLA provides Information Services on a free or paid basis as agreed between ISLA and the Client.

3.3. Bank Account Opening is available through ISLA and its partner Providers in different jurisdictions.

3.4. Domiciliary Services are available through ISLA and its partner Providers in different jurisdictions, with which ISLA has the according intermediary agreement. The Client can get in direct contact with the Provider upon preliminary agreement with ISLA.

3.5. ISLA will accept instructions regarding the Company only from the Client, except as in case of death or incapacity of the Client to act (including, but not limited to, an incapacity to act resulting from actions of governmental institutions). ISLA shall accept instructions from third party(ies), if such has been appointed in writing by the Client and the identity and the conditions of the appointment of such third party have been indicated by the Client beyond reasonable doubt.

3.6. ISLA shall not in any event be required or obliged to take any action which it considers to be unlawful or improper or which may cause it to incur any personal liability, and the Client agrees that ISLA shall not be liable for refusing to take any such action.

3.7. ISLA reserves the right to refuse any order at its discretion without giving the Client a reason for the refusal.

3.8. Responding to customers inquiries. ISLA consultants respond to all customers inquiries in order of priority and in the shortest possible time.

4. Duties of Client

4.1. The Client is totally responsible for all business and financial transactions of the acquired Company. The Client confirms that the purposes, for which the Company and Services are acquired, do not include any of the Illegal or Prohibited activities referred to in the above articles 2.1 and 2.2. and that such Company and Services will not be used for the purpose of avoiding taxes and penalties imposed under laws of any country.

The client confirms that they have taken and/or have been advised to take professional advice in their countries/areas of business operation in connection with using the Company and Services.

You agree that you release and will at all times irrevocably and unconditionally hold harmless and indemnify ISLA and local resident agents for the Company in Dominica and other jurisdictions, and any parent, subsidiary or affiliate thereof and their directors, partners, officers and employees against all proceedings, suits, claims, damages, fines, losses and expenses, penalties and liabilities, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Content, or brought against any of them by reason of your breach of these Terms. ISLA shall have the right to control all defense and settlement activities.

The Client confirms that they will at all times irrevocably and unconditionally hold harmless and indemnify ISLA, Isla Associates Ltd. and local resident agents for the Company in Dominica and other jurisdictions, and any parent, subsidiary or affiliate thereof and their directors, partners, officers and employees against all proceedings, suits, damages, fines, expenses, penalties and liabilities arising or brought against any of them by reason of any breach of the above declarations or the provision of the Services to them or their use thereof.

4.2. Due Diligence (“Know Your Customer”). As and when requested by ISLA, the Client shall provide proof of identity and sufficient identifying documentation for the Client and for all individuals and legal entities directly involved in the Company as shareholders, directors, attorneys-in-fact and/or beneficial owners or in any other similar capacity. Such due diligence documents may include a certified copy of a valid ID document, proof of address, reference letter or other documents depending on the case (“KYC Documents”). The exact requirements to such documents shall be determined by ISLA according to its KYC Policy and Procedures. ISLA reserves the right to refuse to provide any or all of the Services before the Due Diligence documents and information, as described in this article, are furnished by the Client.

4.3. In order to enable ISLA to meet its legal and regulatory obligations in respect of the administration of the Company, as well as before the Provider in the Relevant Jurisdiction, the Client agrees to keep it fully and promptly informed of the beneficial ownership of the issued share capital of the Company and of any changes or dealings in relation thereto (whether by transfer or grant of option or agreement to do so or otherwise).

4.4. The Client agrees and confirms that all information and documents provided to ISLA are true and correct.

4.5. Renewal fees and financial reporting. Although ISLA endeavours to timely get in contact with the Client in order to remind the Client on the annual renewal and financial reporting deadlines, it is the Client’s responsibility and obligation to remember and pay the Company’s annual renewal fees and/or arrange for preparation and submission of the Company’s financial reporting in due time. Late filing fees and administrative penalties are to be paid by the Client.

5. Fees and Invoicing Arrangements

5.1. A written quotation for any specific scope of services and ISLA’s scale of charges is available upon request.

5.2. The formal ground for payment of any fees is a numbered invoice issued by ISLA to the Client. Price quotation is not a ground for payment. Invoice shall be issued by ISLA in response to a completed order form or explicit request for the Services from the Client. Any specific terms of payment of fees shall be indicated in the invoice.

5.3. ISLA is not bound to provide any of its Services before the Client pays the invoiced fees in full.

5.4. The Client acknowledges that late payment of certain fees, in particular annually recurring fees, may involve substantial late penalties or surcharges, to be payable by the Client before any Services may be provided. The Client also acknowledges that the failure to pay such fees on time may result in the Company being dissolved, wound-up or struck off the Registry or the resignation of its registered agent in the Relevant Jurisdiction.

6. Order Processing

6.1. The Client is to contact ISLA (one of its consultants) to select the appropriate items; read our Terms of Business, complete our Order Form and submit it online, by e-mail, fax or mail or otherwise explicitly request for the Services to be provided; send us by e-mail, mail or courier their personal documents according to our Due Diligence requirements for the chosen Services (KYC Documents as stipulated in the Article 4.2 above). The KYC requirements for each jurisdiction are available on our website or upon request.

6.2. Having received the Order, ISLA is to issue the according invoice to the Client. Before the invoice is issued and paid, ISLA reserves the right to refuse of any order without giving a reason.

6.3. The Client receives the invoice and makes a payment according to our payment instructions. Before the invoice is paid, the Client may cancel the order at any moment.

6.4. Once we have received the required KYC documents and payment, and having the details of your order clear and agreed, we process the order.

6.5. After the order is paid for, the Client may not cancel it unilaterally and request the return of payment. It’s solely upon ISLA’s discretion to cancel it. We will stop and cancel the order, and return your payment, if we find it possible. In this case your payment will be returned with deduction of our expenses on handling the funds and settlements.

6.6. Processing of orders paid online by credit or debit cards. As soon as you completed the Order Form on our website following the instructions, the according invoice for payment will be generated immediately. One of ISLA consultants will contact you back by e-mail or telephone within 24 hours of your order, to confirm the details of your order and delivery terms. You can then proceed with payment online. Please note that the charges will be debited from your debit/credit card in real time.

DalPay Retail is the authorized reseller of services provided by ISLA/ISLA Associates Ltd. “dalpay.is +18778657746″ will appear on your card statement.

Buy from DalPay Retail | Internet Merchant Accounts | www.dalpay.com

Bank Account Opening

6.7. Bank Account Opening. Based on the above, order processing, duties of the Client and ISLA for Bank Account Opening services are set to be as follows.

6.7.1. Commencement of the application process. Once you have paid the order for the bank account opening, you are to contact ISLA in order to initiate the account opening procedure not later than within 3 (three) months from the date of payment. If the Client didn’t contact us within the said period from the moment of payment, ISLA does not guarantee the refund in case of failed pre-approval (stipulated in article 6.7.4. below)

6.7.2. Duties of the Client. In order to help us represent you effectively, you agree to do a number of tasks prior to the commencement of your bank account opening process and during the process, which are set as below:

  1. To provide us with declaration stating that you are free and clear of any criminal offence or wrong doing currently or previously, and with all necessary clarifications of the related circumstances thereof;
  2. To carefully consider ISLA’s advice before making any major decisions;
  3. To provide us with scan-copies of the complete set of personal documents and information that are specified by a particular bank as necessary for the account opening process, based on which ISLA can initiate the account opening procedure;
  4. At our request, to provide us with and help us obtain all additional information and documents that are explicitly requested by the bank or that ISLA deems necessary to have your bank account application complete for submission to the according bank;
  5. To have the hard copies of the personal documents in question ready for delivery to ISLA or to the bank accordingly at any moment;
  6. To respond to ISLA’s communications (Letters, telephone calls, or other forms of electronic forms of communication) as soon as reasonably possible;
  7. To make yourself available for e-mail correspondence or interviews (personal or by phone) that the bank and/or ISLA require;
  8. To provide assistance where required for verification of your personal documents and information provided by you to support your bank account application;
  9. To immediately tell ISLA if and when you move (change your residence address), change your contact phone number or other electronic means of communication that you previously notified to ISLA for the purpose of communication with you;
  10. To pay ISLA fees as per the existing (or separately agreed) schedule of fees and payments.

6.7.3. Pre-approval Procedure. Once you have contacted ISLA for your account opening (provided you have fully paid this order by that moment and we have from you all needed documents and information requested by ISLA for pre-approval purposes), ISLA is to arrange for pre-approval of your case with one or more banks within the next 2 (two) weeks.

ISLA may proceed with pre-approval on your case without your full advance payment, but reserves the right to hold on (suspend) pre-approval procedures until you pay the order is full.

For the purposes of this agreement, “Pre-approval” means availability of a bank according to its known policy and regulations without reasonable concerns on behalf of ISLA that the said bank might decline your application, OR (alternatively) explicit consent by that bank to consider your application on common basis without restrictions specified below.
We consider Pre-Approval achieved if your case meets the following criteria:

  • the Client’s case does not fall into known restrictions for certain categories of applicants due to the existing international sanctions, referring to nationality, place of residence and geographical source of funds of the Client;
  • the Client’s case does not fall into known restrictions towards the nature of business;
  • the Client confirmed he/she is able to provide certain personal documents and information required by a particular bank for the account opening procedure according to the bank’s Due Diligence and KYC policy;
  • the Client’s case does not correspond to any other restrictions according to any other information specified by ISLA experts as reasons that might affect eligibility of the Client for an account in a particular bank.

6.7.4. Failed Pre-Approval. Refund or Prolongation. In case the Pre-approval is not achieved in any of the presently available banks during (2 weeks), the Client may decide to prolong the pre-approval stage for the next month (4 weeks) or longer, to let ISLA find more banking options. Alternatively, the Client may cancel the order and ISLA will process the refund to the Client.

6.7.5. Successful Pre-Approval. In case pre-approval is achieved with at least one bank that matches all basic requirements mentioned by the Client, the pre-approval stage is then complete.

In case where the bank gives no positive or negative comments or pre-approval before the applicant submits full set of application forms and supporting documents, the Client may decide to proceed with this bank application at his own risk and responsibility. The pre-approval stage is then complete.

6.7.6. High-Risk Case. Some cases might be considered by ISLA as “high-risk”. Where the Client’s case falls into “high-risk” category, ISLA may offer the Client such account application within available bank introduction packages, with no refund option.

6.7.7. Delay by the Client. ISLA takes liability to meet the specified time schedule where it implies the time needed for ISLA to proceed. If you delay from your side to reply our enquiries and provide us with the needed information and documents, such delays are deducted from the specified time schedule and you explicitly release ISLA from liability for failure to meet time schedule, any deadlines specified, pre-approval or ultimate approval of the account application that is due to such delays.

6.7.8. Pre-approval Stage ultimate deadlines. Pre-approval stage shall not last longer than 3 months all together. If Pre-Approval is not achieved during the next 3 months following your payment for the order due to the Delay by the Client (as per the article 6.7.7. above), ISLA does not guarantee refund nor continuation of your bank account application process.

6.7.9. Confirmation of your choice of bank and delivery of KYC documents. Once pre-approval of your case is achieved with one or more banks that match all basic requirements mentioned by you as relevant, you are to confirm your ultimate choice of bank AND provide the according personal documents and information required to initiate the account opening process in that particular bank not later than within 1 (one) month from the date of pre-approval or the date when you confirmed your decision to submit your application without pre-approval.

6.7.10. Once you confirmed to us your choice of bank and provided the related KYC documents , we shall provide you with the pre-filled bank application forms within 48 hours (2 business days), for signing and returning.

6.7.11. Once you provided the complete list of application forms, documents and information (in compliance with requirements of the bank) to ISLA, we are to submit the complete application package to the according bank by e-mail within 48 hours (2 business days) or provide you with instructions how to submit your application to the bank otherwise (i.e. if that particular bank does not provide pre-approval process by e-mail). This may involve shipment of application forms by courier mail directly to the bank or your personal visit to the bank, one of its worldwide offices, or office of one of its representatives, or ISLA office, etc.

6.7.12. During the application process ISLA is to monitor the process and keep the client updated at least once a week.

6.7.13. ISLA will apply all reasonable efforts to expedite your account opening process. Nevertheless, banking institutions open accounts at their sole discretion and reserve the right to refuse without giving reasons. Therefore, ISLA cannot guarantee neither the time schedule nor success of the application process in general.

6.7.14. Account opening is complete upon approval by the bank of your application and assignment the account number to your or your company accordingly. As a matter of “after-sale courtesy”, we will follow up with you and the bank on the matters of activation of your bank account, getting access to the internet banking and issue by the bank of your requested payment cards, once needed and to the extent our mediation in this process is allowed by the bank.

6.7.15. MAC (Material Adverse Change). ISLA does not guarantee the market configuration and availability of the chosen bank option at any point of time before or after the payment by the Client. In case of material adverse change in circumstances that makes it impossible to process the account opening for the Client in the chosen bank, ISLA is to endeavor best efforts to find one or more equal alternatives and offer them to the Client. If a close alternative exists, the Client may agree for the alternative banking option within the paid order or cancel his order without refund. If no close alternative exists, ISLA may offer the Client a different alternative or a full refund of the paid order as per the article 12 below. If the Client agrees for a different alternative, ISLA re-starts account application process and time schedule counts from the beginning.

6.7.16. Equal alternative banking option is an option that matches the following parameters originally agreed with the customer: the needed bank services availability (i.e. account currencies, internet banking, payment cards, specific bank services), geographical location, minimum deposit and balance within the specified limit, requirement of personal visit or remote procedure; same requirements to the clients’ personal documents to be provided; no reasonable grounds to believe that the alternative could create disadvantages for the Client comparing to the original option.

6.7.17. Cancellation of Order for Bank Account Opening.

6.7.17.1. ISLA reserves the right to cancel your order WITH refund in the following cases:

  1. based on the article 6.7.15. MAC (Material Adverse Change);
  2. based on the article 6.7.4. Failed Pre-Approval;
  3. based on the article 3.7. Right of ISLA to refuse without giving a reason;
  4. based on the terms of a particular bank account opening service package that provides unconditional refund for not-opened bank account.

6.7.17.2. ISLA reserves the right to cancel your order WITHOUT refund in the following cases:

  1. you have rejected to provide documents and information according to the article 6.7.2.
  2. you have provided false information or forged documents within the requirements of the article 6.7.2.
  3. you did not contact us to commence your account opening procedure within the next 3 (three) months after payment.
  4. you do not reply our e-mails during 3 months at any stage of the account opening process.

Premium Advice

6.8. Premium Advice. Based on the above, order processing, duties of the Client and ISLA for Premium Adivce services are set to be as follows.

6.8.1. Premium Advice means Information Services provided by ISLA on paid basis.

6.8.2. Premium Advice fees are defined by ISLA and may vary based on certain conditions or be amended by ISLA at any time. The actual fees are published on the Site.

6.8.2. Premium Advice covers live consultation with ISLA Expert (via phone, skype or other means of online communication) and post-phone written resume by e-mail.

6.8.3. Cancellation of Order by ISLA.

  1. If the subject of your query does not fall within our professional profile, ISLA will cancel your appointment and arrange for refund;
  2. ISLA reserves the right to cancel any order without giving a reason.

6.8.4. Cancellation of Order by Client. You may cancel your appointment and request the refund of payment in not less than 12 hours ahead of the scheduled appointment. If you canceled your order less than in 12 hours we still may provide you with refund if we find it possible.

6.8.5. You can request to change the appointment date and time. ISLA will apply its best efforts to arrange for a new appointment date and time convenient for both you and ISLA Expert. In case of failure to achieve agreement on the mutually convenient time beyond of ISLA responsibility, ISLA will cancel your order and refund you.

6.8.6. Grounds for refund. We will refund you if the appointment didn’t take place by one of the following reasons:

  • ISLA expert appeared to be unavailable for the online meeting at the appointed time for technical or other reasons;
  • if the appointment was canceled by the Client (as per article 6.8.4.) or by ISLA (as per articles 6.8.3 and 6.8.5);

If the appointment didn’t take place by the fault of the Client and without prior notification, ISLA will not provide the refund.

6.8.5. Premium Advice is provided on non-refundable basis and comprise no refund guarantee after you have received the service.

7. Liability

7.1. When the Client places an order, liability of ISLA shall be limited only by the amount paid to ISLA. ISLA specifically disclaims and the Client agrees to release ISLA from any and all claims, damages and liability arising from any errors made by ISLA.

The risk of misunderstandings, errors and losses due to bad, incomplete and ambiguous communication and the risk of any instructions being issued by unauthorized third parties are the Clients’ own.

7.2. Limitation of Liability. Under no circumstances ISLA shall be liable or responsible for any damage or inconvenience caused or alleged to be caused by the use of the Services.

You acknowledge and agree that to the maximum extent permitted by law, you take the entire risk arising out of your access to and use of the Site, Services or Content. Neither ISLA nor any other party involved in creating, producing or delivering the Site, Services or Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms of Business, from the use of or inability to use the Site, Services or Content, from communications, interactions or meetings with persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not ISLA has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

7.3. The Client is totally responsible for compliance with their local tax and other legislation and for legitimate usage of all documents and information provided by ISLA.

7.4. Links. The Site, Services and Content may contain links to third-party websites or resources. You acknowledge and agree that ISLA is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ISLA of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

7.5. Disclaimers. If you choose to use the Site, Services and Content, you do so at your sole risk. ISLA explicitly disclaims any warranties of merchantability, fitness for a particular purpose, enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. ISLA makes no warranty that the Site, Service and Content, including but not limited to, any information provided via appointments will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

ISLA makes no warranty regarding the quality of any Services or Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Content obtained through the Site or the Services. No advice or information, whether oral or written, obtained from ISLA or through the Site, Services or Content, will create any warranty not expressly made herein. You are solely responsible for all of your communication and interaction with persons with whom you communicate or interact as a result of your use of the Site or Services. You agree to take reasonable precautions in all communications and interactions with persons with whom you communicate or interact as a result of your use of the Site or Services, including but not limited to Experts, regardless of whether such communications or interactions are organized by ISLA.

8. Legal, Financial and Tax Advice

ISLA is not a law firm, nor a financial institution, nor a tax advisor, and does not provide legal, financial or tax services or advice accordingly. ISLA encourages the Client to seek appropriate professional opinion and advice from their lawyer, tax advisor and other professionals familiar with the relevant legislation in the Client’s country of residency. No e-mail or other communication to or from ISLA shall form attorney-client relationship.

9. Communication

To the fullest extent permitted by the applicable law, any information, notices or other communications regarding Client’s order and/or Client’s use of the Services, may be provided to the Client electronically, and the Client agrees to receive all communications from ISLA in electronic form. Electronic communications may be done through e-mail or messaging facilities of the Site. All communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or sending, whether or not the Client have received or retrieved the communication. ISLA reserves the right, but assumes no obligation to provide communications in paper format by mail, as well as by fax, phone or other available means. You are responsible for keeping ISLA informed about your actual and valid contact e-mail address.

10. Information, Privacy and Confidentiality

10.1. ISLA agrees that where the Client gives it confidential information subject as stated herein it shall use all reasonable endeavours to keep it confidential. See ISLA’s Privacy Policy at https://www.isla-offshore.com/privacy/ for information and notices concerning ISLA’s collection and use of your personal information.

10.2. Without prejudice to the said duty of confidentiality, in accordance with ISLA’s KYC Policy and Procedures documents and information received from the Client are subject to share with or transfer to the Provider in the Relevant Jurisdiction to the extent necessary to fulfill the Client’s order.

10.3. The Client acknowledges that ISLA is bound by regulatory and other obligations under law of the Relevant Jurisdiction and agrees that any action or inaction on the part of ISLA as a result thereof shall not constitute a breach of ISLA’s duties hereunder.

10.4. Without prejudice to the said duty of confidentiality, ISLA reserves the right to act for other clients (including competitors of the Owner/Company).

10.5. Payment by credit and debit cards. Your credit or debit card details will be handled securely to ensure full confidentiality. Top level SSL encryption is employed to ensure sensitive data is protected.

11. Shipping

11.1. Orders are usually shipped in 1 to 10 working days from receiving of the Client’s payment and KYC documents and having all details of the order clear and agreed. The Client should always check special conditions for the ordered Services.

11.2. Shipment by courier delivery. ISLA’s shipping policy is to use a shipping method which can be tracked by the Client. Therefore by default all orders will be shipped to the Client by courier delivery, such as FedEx, DHL, TNT, UPS or the like, unless no other shipping options are agreed with the Client.

11.3. ISLA is not held responsible for any additional fee the local carrier in the Client’s country may charge.

11.4. Client’s local customs regulations. ISLA is not held liable for any customs duties or taxes that arise from the Client’s local customs office. No refunds will be given for items that are seized at the Client’s local customs office.

12. Guarantee, Refunds and Cancellations Policy

12.1. Guarantee. All ordered documents and items conform with the Client’s order, otherwise ISLA is to correct them at its expense.

12.2. Cancellations. As per the article 6.3 above, before the invoice is paid, the Client may cancel the order at any moment. As per the article 6.4 above, after the order is paid for, the Client may not cancel it unilaterally.

12.3. Refunds. After the invoice is paid, you can request the return of payment, but it’s solely upon ISLA’s discretion to cancel it. We will stop and cancel the order, and return your payment, if we find it possible. In this case your payment will be returned with deduction of our expenses on handling the funds and settlements.

12.4. We guarantee the refund of your fees paid for ISLA services as follows:

    • in case of payment with a credit card, we refund the complete amount to your credit card less 5% of processing fees.
    • in case of payment with a PayPal account, we refund the complete amount to your PayPal account less 5% of processing fees.
    • in case of payment via Western Union, we refund the complete amount by Western Union less the WU charges for sending the amount to your location.
    • in case of payment by a wire transfer (bank transfer, SWIFT) we guarantee the refund of 80%, provided our expenses related to the refund do not exceed 20% of the original amount. The refund will be arranged by a wire transfer to the bank account you will specify for this purpose.

for other methods of payment, the refund is guaranteed, where possible, upon our mutual agreement but provided we do not cover the related charges for making refund.

12.5. When we incur additional unexpected charges related to the refund in case this is due to your fault (mistake in payment details, incorrect instructions etc.), these additional expenses will be deducted from the refunded amount accordingly.

12.6. It is possible to agree a method of refund different from the method of original payment, provided the consent of both parties.

Normally, we do not give a refund if you simply change your mind or make a wrong decision. However, it is possible upon mutual agreement, since our aim is to have you happy with our service.

You can choose between a refund, exchange or credit, whatever option will appear available and viable to fit your circumstances.

13. Jurisdiction

Relationship of ISLA and the Client is governed by the law of the Commonwealth of Dominica and subject to the exclusive jurisdiction of the courts of the Commonwealth of Dominica.

14. Ownership

The Site, Services, and Content are protected by copyright, trademark, and other laws of the Commonwealth of Dominica and foreign countries. You acknowledge and agree that the Site, Services and Content, including all associated intellectual property rights is the exclusive property of ISLA. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Content.

15. Modification

ISLA reserves the right, at its sole discretion, to modify the Site, Services or these Terms of Business, including the Service Fees, at any time and without prior notice. By continuing to access or use the Site or Services or placing new orders at any time you are indicating that you monitor any possible modification to the Site, Service and Terms of Business and agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

16. Acceptance of these Terms of Business

Eligibility. The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are 18 or older and able to form legally binding contracts.

Certain areas of the Site and your access to certain aspects of the Services or Content may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Content.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without ISLA’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. ISLA may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Severability. These Terms are intended to govern the agreement between ISLA and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.

Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between ISLA and you regarding the Site, Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ISLA and you regarding the same.

You acknowledge and agree that by accessing or using the Site or Services, by placing any orders with ISLA, or by downloading any Content from the Site, you indicate that you have read and understood and agree to be bound by these Terms, whether or not you have contacted one of our Experts in person by any available means of communication, whether or not you have introduced yourself to ISLA, whether or not you have registered with the Site in your Secure Client Area. If you do not agree to these Terms, then you have no right to access or use the Site, Services or Content. If you agree to these Terms on behalf of a legal entity, you warrant that you have the authority to bind that legal entity to these Terms and, in such event, “you” and “your” will apply to that legal entity as well.