TERMS & CONDITIONS
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ASHFORD CLARKE & ASSOCIATES LTD hereinafter referred to as "the Company" and the client hereinafter referred as the beneficial owner/client.
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These terms and conditions are an integral part of any agreement between the Company and the client and between the Company and any third party or parties entered into the agreement. By presentation of these terms and conditions by the Company, the client certifies that he/they we accept and understand all provisions of any business conducted by/with the client and that these terms and conditions shall be in force during or after any business conducted by the Company and the client, be those private or commercial.
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Anti Money Laundering. The Company is licensed in the United Kingdom by the UK Tax Authority HMRC and fully comply with all UK and International Money Laundering laws. The use of any Company structure or Trust supplied by the Company that is used for any purpose of tax avoidance or Money Laundering, Terrorist funding or criminal activity will be instantly reported to their resident tax authority as 'suspicious activities;.
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The Company, its management accepts no liability in the event that any client uses any Bank account, Company or structure sold by the Company for the purposes of Tax Avoidance, Money Laundering, Terrorism Funds, or Criminal Activity.
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The Company does not sell or market any Company, Offshore Company, Trust or Bank account for any other purpose than the legal use of such structures as required by any national or international, laws and regulations.
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Bank Account Pre-approval service: the ‘Companies’ bank accounts introduction service provides for the prior approval of banking facilities. In the event that a bank or financial institution accepts the pre-approval of a bank account or financial service and then subsequently upon receiving further adverse information, rejects the application. In this event the company will not refund any fees paid to the ‘Company’. The rejection of an account after initial pre-approval by any bank or financial institution being based on further information obtained by the bank or financial institution after initial pre-approval has been given. Failure by the client to disclose any such adverse information or change of circumstances of the applicant and or the applicant company will not be accepted by the ‘Company’ and therefore no refund of fees will be paid.
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Bank Account Pre-approval Service exceptions: The bank account pre-approval services is not available to clients who form Companies in the United Arab Emirates or clients who apply for Banking Platform accounts using any other IBC jurisdiction
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The Company will not under any circumstances refund fees on the basis of a cancellation of any transaction that the client chooses at his/her discretion. Furthermore, no refund will be given in the event that the client fails to disclose facts about their financial or legal status including any past or pending convictions of a criminal nature. The Company takes this matter very seriously. Clients are advised that it is an offence to obtain goods and services by deception. Failure to disclose is an offence if such information is withheld whilst applying for Bank facilities.
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No refunds are given when a client does not, or is unable to provide, correct and current dated identification that may be requested at any time, by any bank or financial institution at the time of opening a bank account, or requests by any bank or financial institution for the updating of client records.
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In the event that our Compliance onboarding investigations discover any adverse information regarding the former or current conduct of the applying client that require us to further investigate the history of the client, a charge of £125.00 per hour will be made and charged to the client.
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Taxation: Clients are reminded that although most IBC Companies are free of corporation tax, in some countries Corporation tax will be due. In majority of countries beneficial owners of IBC Companies will have a personal tax liability for any salary, profits, or dividends taken from the IBC their Company. This is the general rule in most countries. If in doubt, we recommend you speak to your qualified tax accountant.
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The Company provides its services on a 'best efforts' basis.
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The Company shall not be held responsible or liable for any charges that may arise from changes in Company legislation. The Company reserves the right withdraw products and services and cancel any licence agreements it hold in any Company jurisdiction with immediate effect.
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The Company reserves the right to cancel with immediate effect and without prior notice any Company or Trust structure and including any nominee director and shareholder agreements when the Company holds concerns about the legality and possible use of any and all Companies and or Trust structures supplied by the Company. This includes but is not exclusive to matters of possible taxation offences that may arise in any and all international jurisdictions.
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The Company reserves the right to cancel our management of any and all Company structures without prior notification, where clients make changes to any Company or Trust structure without a minimum of 28 days’ notice of any such changes. This includes but is not exclusive to the addition or removal of any and all Companies within a structure recommended and supplied by the Company.
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Any intention to make changes to the Directors or shareholder of any Company or Trust Company should be notified to the Company within 14 days prior to any such changes being made. Should such notification not be received by the Company, the Company reserves the right to give 21 days’ notice to the beneficial owners of any Company or Trust Company supplied by the ‘the Company’.
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Due to current US LEGISLATION, we are unable to supply any corporation or bank account facility to US clients.
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Offshore Trust: Clients engaging the Companies services to form an offshore trust are advised to take legal and accountancy advice. The Company or its officers are not qualified to offer professional advice. Asset Protection Trusts formed by the Company on behalf of clients are to only be used for the purpose of Asset Protection and not as part of any structure designed for tax mitigation or avoidance. In the event that this rule is ignored or misinterpreted, the Company reserves the right to inform the clients resident tax authority of the Trust is being used for any purpose other than asset protection.
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The Company will not be responsible or liable for any monies/funds/securities, purchases or advice or recommendation made directly or indirectly to any client by any officer of the Company, either singly or jointly to/on behalf of its clients. Furthermore, the Company will not accept responsibility loss or fraudulent activity of any financial instrument, cheque draft or debenture sent by the Company to any Banking institution on behalf of any client or Corporation.
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Any changes to International or local laws governing International Business Companies (IBC) or Offshore Trust will be complied with by both the "Company" and the client without delay. Any changes to such Companies and or Trust are not the responsibility of the "Company" and as such the Company accepts no responsibility for any additional information that regulatory authorities may require from time to time.
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The company accepts no responsibility for any alterations of rules and/or regulations against any IBC, Free Zone company or Trust imposed by any authority such as the OECD or other regulatory bodies, governments, banks or financial institutions. Furthermore, the Company accepts no liability and will offer no refund of fees paid to the company, before or after the ‘client’ has paid fees to the ‘Company’ or during the application process of setting up any Company, Trust or Bank account, due to rules or changes imposed by any Bank, Financial Institution or legally recognise Government which are outside of the Companies control.
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Due to important changes being imposed upon our clients by international banks, it is likely that changes to the structure of clients IBC Companies may need to be changed. This is mainly in the area of beneficial owners and directors. Any charges to accommodate any new rules and regulations required by your company jurisdiction and or bank, will be charged to the client. The ‘Company’ is not responsible for regulatory changes made outside of our control.
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The referral by the Company to any bank or financial institution of any kind does not carry any warrantee or guarantee of the financial stability of any bank or financial institution that the Company may introduce or recommend the client to, for the provision of banking/financial services. It is up to the client to do his/her due diligence on the bank or institution.
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The Company does not accept any liability in the event of any financial failing or fraudulent activity or any dishonesty in any way by any bank/financial institution that the Company introduces the client to.
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In the event of any bankruptcy or administration/receivership of any bank/financial institution that the Company have introduced the client to, that the client will deal directly with the banks receivers or administrators, and will in no way contact the Company regarding the recovery of any funds due in any way to the client by the bank. Failure by the client to adhere to this clause will make the client liable to legal action by the Company.
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In the event of any successful application by the Company on behalf of the client to any bank/financial institution, the clients agrees to operate the account his/herself and not under any circumstances request demand or order the Company to handle or operate the clients bank account(s) on behalf of the client.
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The Company is not liable for any mistakes, delay non-payment by any bank/third party.
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The Company reserves the right to terminate relations with the client if the Company receives any information forcing it to do so.
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The Company reserves the right to alter or change these terms and conditions at any time without prior warning to the client.
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The Company reserves the right to change or alter the pricing structure on any documentation or website without prior notice.
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The Company and client agree that any and all disputes, including those involving any third party, will be settled by negotiation. If both/either or all parties fail to reach an agreement, then the parties will appoint arbitrators in the country where the dispute originated. Such matters shall be final and exclusively settled by arbitration without recourse to law in any country or jurisdiction.
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Once the client has taken control of their IBC, the Company hold no further responsibility and offer no warranty regarding the continued association with any bank or financial institution to which the Company have provided introduction. Banks and financial institutions reserve the right to close any or all accounts and/ or facilities if they deem this necessary. In such situations it is not the responsibility the Company to intervene in any dispute between any bank or financial institution.
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The Company will not be responsible or liable for any investments, securities or purchases or advice made directly or indirectly to/on behalf of its clients, singly or jointly, severally or corporately. Under no circumstances will the Company be responsible for the performance, recommendation, dishonesty or lack of performance, by any third party or introduction made by the Company. The client accepts that the Company acts and gives advice only in good faith.
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The Company are not licensed deposit takers and do not or will not accept funds other than fees paid directly for the Company's services.
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The Company accepts no liability for the client's statutory responsibility for any UK or offshore company in any jurisdiction whatsoever.
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The Company and its officers are not qualified to give legal, financial or taxation advice, nor do they do so. Clients are recommended to obtain advice from a qualified professional before entering into the purchase of any offshore company, bank account or the creation of an offshore trust.
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Any advice or recommendation given by the Company is solely a reflection of the Company's understanding of the current position of its products in the market place. The Company does not guarantee or give any warranty for the performance or protection of any offshore trust or corporate structure of any kind.
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Once any bank account, onshore or offshore is opened on behalf of any client or corporate entity, the account must be run by the client or corporate entity. The Company can and will not assist in running any private or corporate bank account on behalf of its clients.
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While we endeavour to provide merchant card services with pre-approval, we cannot guarantee the performance of the merchant card provider after the point of sale. THEREFORE, it is essential that clients provide true and accurate information at the time of application. Clients will still have a legal responsibility for the payment of fees of IBCs and bank accounts regardless of the outcome of the merchant card facility arrangement.
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The Client understands that an annual renewal fee will be payable to keep their company/Trust in good legal standing and failure to renew will result in the company / Trust being suspended, resulting in a restoration fee being applied.
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Privacy Statement & Cookie Policy
Your privacy is very important to Ashford Clarke & Associates Ltd (hereinafter: Ashford Clarke). Therefore, we adhere to the privacy laws. This implies that your personal data is safe with us and that we will process your personal data in accordance with the applicable laws (including the General Data Protection Regulation GDPR).
This privacy notice provides you with details of how we collect and process your personal data through your use of our site www.rostrumcorporate.com including any information you may provide through our site when you purchase a product or service or sign up to our newsletter.
We need to collect and use certain types of personal information about the people we deal with, such as current, past and prospective clients, suppliers, affiliates, employees, professional contacts and others with whom we communicate.
In addition, we may occasionally be required, by law or via our professional bodies including lawyers and bankers, who provide banking, consultancy, legal, insurance and accounting services to collect, use and share certain types of personal information to comply with the requirements of government departments, agencies and regulators.
Under the Data Protection Legislation, all organisations which handle personal information must comply with a number of important principles regarding the privacy and disclosure of this information.
We believe that the lawful and correct treatment of personal information is critical to our successful operation. We recognise that to maintain our professional reputation and integrity, we must be fully compliant with this legislation. By providing us with your data, you warrant to us that you are over 13 years of age.
In this Privacy Statement, we explain what Ashford Clarke does with the information that you provide to us or that we collect.
This Privacy Statement was last amended on 17th May 2021.
Data Protection Legislation
In the United Kingdom and the European Economic Area (EEA), “Data Protection Legislation” means all applicable data protection and privacy legislation or regulations including The Privacy and Electronic Communications (EC Directive) Regulations 2003 (also known as PECR) and any guidance or codes of practice issued by the European Data Protection Board or the Information Commissioner, together with:
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prior to 25 May 2018, the UK Data Protection Act 1998; and
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from 25 May 2018 onwards Regulation (EU) 2016/679 (the “General Data Protection Regulation” or “GDPR”), as amended by the UK Data Protection Act 2018.
We fully endorse and adhere to the principles of data protection set out in the Data Protection legislation and will:
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fully observe the conditions regarding the fair collection and use of personal information.
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meet our legal obligations to specify the purposes for which we use personal information.
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only collect and process the personal information needed to carry out our business or to comply with any legal requirements.
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ensure that the personal information we use is as accurate as possible.
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ensure that we don’t hold personal information any longer than is necessary.
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ensure that people know about their rights to see the personal information we hold about them.
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take appropriate technical and organisational security measures to safeguard personal information; and
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ensure that personal information is not transferred abroad without suitable safeguards.
Additionally, we will ensure that:
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there is someone with specific responsibility for data protection in the organisation- contact us at - admin@ashfordclarke.co.uk
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we regularly review and audit how we handle personal information.
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the ways we handle personal information are clearly described.
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everyone handling personal information understands that they are responsible for following good practice.
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everyone handling personal information is appropriately trained and properly supervised.
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we regularly assess the performance of people who handle personal information.
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anybody wanting to make enquiries about handling personal information knows what to do; and
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Queries about handling personal information are dealt with properly and courteously.
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If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
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It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at admin@ashfordclarke.co.uk
The types of personal data we collect and use
Personal data means any information capable of identifying an individual. It does not include anonymised data. We may process certain types of personal data about you as follows:
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Identity Data may include your first name, maiden name, last name, username, marital status, title, date of birth and gender, National Insurance numbers.
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Contact Data may include your billing address, delivery address, email address and telephone numbers.
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Financial Data may include your bank account details and other financial details.
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Marketing and Communications Data may include your preferences in receiving marketing communications from us and our third parties and your communication preferences.
Special Personal Data
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We do not collect Special personal data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data.
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We need to collect the following sensitive data about you - criminal convictions and fraud checks -in order to deliver our service and comply with the financial and legal regulations governing our business. We require your explicit consent for processing sensitive data, so when you submit your details we will ask you to sign a consent form at the same time as our GDPR consent form, so that we may proceed with your application.
Using your personal data: the legal basis and purpose
We will process your personal data:
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As necessary to perform our contract with you and to update our records as necessary for our own legitimate interests e.g. for good governance and managing our business operations and to send you marketing communications (or those of a third party) and your interests and fundamental rights do not override those interests.
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As necessary to comply with a legal obligation e.g. when you exercise your rights under data protection law and make requests; for compliance with legal and regulatory disclosures, for establishment and defence of legal rights; to verify your identity and anti-money laundering checks including criminal records and fraud checks.
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Generally, we do not rely on consent as a legal ground for processing your personal data, other than in relation to sending marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by emailing us at admin@ashfordclarke.co.uk
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Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to find out more about how the processing for the new purpose is compatible with the original purpose, please email us at, admin@ashfordclarke.co.uk -
If we need to use your personal data for a purpose unrelated to the purpose for which we collected the data, we will notify you and we will explain the legal ground of processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
DISCLOSURES OF YOUR PERSONAL DATA
Subject to applicable data protection laws we may share your personal data with:
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Government bodies and agencies in the UK e.g. HMRC and Companies House;
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Sub-contractors and other persons who help us provide our services;
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Professional advisers including lawyers, bankers, and auditors who provide consultancy, banking, legal, insurance and accounting services.
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Service providers who provide IT and system administration services.
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Courts, to comply with legal requirements;
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In an emergency or to otherwise protect your interests;
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Anyone else where we have your consent or as required by law.
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
Our third-party providers:
Cognito Forms
We use Cognito Forms to securely collect and manage your personal information in compliance with GDPR. You can learn more about how Cognito Forms protects your personal information in the Cognito Forms Privacy Policy.
Cognito link: Privacy Policy - Cognito Forms - Easily Build Powerful Forms
International Data Transfers
We share your personal data with international agents which involves transferring your data outside the European Economic Area (EEA). Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data. The majority of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is implemented:
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Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
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Where we use providers based in the United States, we may transfer data to them if they are part of the EU-US Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
Please email us at admin@ashfordclarke.co.uk if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
Data Security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know such data. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Retention
We will retain the above described personal data for as long as needed to supply you with the requested services. Afterwards, we will retain your personal data for up to one additional year in line with the described statistical purposes. We will then delete the data unless we are required by law to keep the data for longer (like in the case of the 6-year retention obligation for administrative data for tax purposes). If you apply for a job with us, we will keep your information for up to six weeks after the position has been filled.
Sharing personal data with other companies or institutions
We will only share your personal data with other companies or institutions when required for the functioning of our website and/or services or when required by law. We collaborate with certain companies. Therefore, these partners may have access to your personal data. This access is required so we can offer our services to you. You will be informed about this beforehand.
Profiling
We profile individuals who have identified themselves by way of their email- and IP address. The profile consists of personal- and role-based information and visit- and click behaviour. The personal data that we might collect in your case includes information that you provide when answering questions in a form or via interactive content, like a demo. The reason we profile individuals is to be able to send you the right communication (information) at the right time. We believe that profiling enables us to serve you best regarding the challenges and questions that led you to our website.
Please send an email to admin@ashfordclarke.co.uk, asking us to exclude you from profiling, if, despite our good intentions, you would prefer that we do not build a profile on you.
Cookies
Our use of cookies
We use cookies to improve your experience on our websites and for functionality purposes, for example, if you choose to buy any of our products and services, you must consent to us placing a cookie on your computer.
We also use cookies to understand your usage of our website. We have partners who have referred clients and in using cookies, we track referred sales, so we can compensate our partners accordingly.
We and our partners and/or analytical providers may use cookies in order to review purchasing trends, track customer movements.
What you can do
You can control the use of cookies in your browser; however, we must advise you that if you disable cookies, you may be limited to use certain features or services on our website.
Special browser settings allow you to accept, block, or disable all or some cookies on your device. A corresponding manual of the most popular browsers can be found here:
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Firefox
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Chrome
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Internet Explorer
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Safari
Further information can be found at ICO and allaboutcookies.
Enable and disable cookies
Cookie settings
In order to provide you with an optimal user experience, different cookies are used, as explained above.
If you disable and delete all cookies stored on your device that are related to the Ashford Clarke website, the information regarding which cookies you agreed to and which you did not agree to will be lost. Using another browser can also cause the cookie settings to differ; cookies depend on both the browser and the device (computer, tablet, or smartphone) used. The cookies used by Ashford Clarke are explained below, and you will also have the opportunity to disable them.
Cookies from social networks:
These cookies allow you to share content on our website with others. This occurs most commonly through clicking on buttons on social media sites such as Facebook, Twitter, and LinkedIn. Social networks can also identify the user even if they haven't clicked on a button.
You can read about the privacy policy and the use of cookies from the respective social networks here:
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Facebook
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Twitter
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LinkedIn
We (Ashford Clarke) may collect information about your activity on our websites. If you do not wish to participate, please disable cookies. If cookies are enabled, the cookie policy explained above applies to anyone who visits the Ashford Clarke website, accesses services provided by Ashford Clarke, fills out a data collection form, or uses other services on the Ashford Clarke website that are used to transfer or access data. By browsing the Ashford Clarke website, you accept the cookie policy without conditions.
Security
Personal data security is very important to us. We take security measures to limit misuse and unauthorised access to personal data. We use secure network connections. In other words, the connection between you and us is secure. The information that’s exchanged with our system will remain confidential.
Changes to the Privacy Statement
When our websites and/or services change, we must obviously update the Privacy Statement too. Therefore, always check the date above and check for updated versions on a regular basis. We will do our best to announce changes separately as well.
Perusal and changes to your details
You may contact us if you have questions or want to know which personal data, we have in our possession pertaining to you. Refer to the contact details below.
You have the following rights:
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clarification of the personal data in our possession and what we use it for;
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the perusal of the specific personal data pertaining to you in our possession;
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to request the correction of errors;
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to request the deletion of outdated personal data;
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to have your data transferred;
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to withdraw your consent;
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to object to a specific instance of use.
Always identify yourself properly, so we know that we are not updating or deleting the wrong person’s details.
*Filing a complaint
You have the right to file a complaint with the British Data Protection Authority (the ICO) if you believe that we are not assisting you correctly at https://ico.org.uk. You may also file a complaint with Ashford Clarke. Refer to our contact details below.
Contact details
Ashford Clarke & Associates Ltd
Silverstream House
45 Fitzroy Street
London
W1T 6EB
email: admin@ashfordclarke.co.uk
tele: +44 (0)203 745 1735