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Terms & Conditions


1] IDENTITY

1.1 Any Client that makes or wishes to make business with Axolute Ltd. must identify himself and his corporate;
1.2 Axolute Ltd. has the right to request necessary documents to the Client, in order to correctly identify him, his company, and any additional person related to the company and with powers to act on behalf of it with us;
1.3 The Client must cooperate with Axolute Ltd. in order to complete compliance procedure and more generally to get verified at any time;
1.4 The Client is responsible for the truth and correctness of the data submitted to Axolute Ltd.;
1.5 Axolute Ltd. has the right to verify information submitted by the Client;
1.6 Axolute Ltd. may block, suspend or limit Client's activity at any time and/or in event of doubts about the truth/correctness of the declared information and/or about the licit of one or more transactions;
1.7 Based on points 1.5 and 1.6, the Client could be called to submit additional information or to pay additional costs to get verified by Axolute Ltd.;
1.8 The lack of cooperation and/or the non-payment of the additional costs expressed at point 1.7 may cause what stated at point 1.6;
1.9 During business relationship Axolute Ltd. has the right to request the Client to identify himself at any time;
1.10 The failure to identify the Client will void his order, and may also cause what stated at point 1.6;


2] CONTRACT
 
2.1 Through compliance procedure the Client submits his request to become one of Axolute Ltd.'s clients; no other ways to request it will be accepted;
2.2 At the end of compliance procedure, if accepted, the Client becomes a full-fledged client, with all the powers to make business with Axolute Ltd.;
2.3 Any business contract with Axolute Ltd. is regulated by these T&C. The Client expressly subscribes these T&C and accepts them without any reservation;
2.4 Setting up a prepaid account, subscribing these T&C by compliance procedure, making a payment through us or having any kind of business relation with us tacitly means a full approval of the current T&C with no reserves;
2.5 These T&C are integral part of any relation between the Client and Axolute Ltd.; no different terms and/or conditions are ever applied to any Client;
2.6 Axolute Ltd. reserves the right to refuse a request to become Client without the obligation to explain the reasons;
2.7 Axolute Ltd. reserves the right to refuse to perform one or more transactions on behalf of a Client if it entertains doubts about the licit of it/them (see also point 1.6);
2.8 In the event of point 2.7 the matter may be solved as described at point 1.7;
2.9 If what at point 1.6 and/or point 2.7 happens, the Client is not entitled to compensation of any kind. Additionally no claim for damages or anything else could be acknowledged;


3] VALIDITY

3.1 In the event of partial or total invalidity of one or more points here regulated, the other parts still remain in full force and effect;
3.2 A partial invalidity do not void whole contract and/or T&C;
3.3 Change of these T&C is at sole discretion of Axolute Ltd., which has no obligation to notify anyone. It is Client's burden to consult periodically these T&C in order to constantly being informed about applicable terms to his relations with Axolute Ltd.;
3.4 Based on point 2.3 and 2.4, the Client who takes advantage of our services tacitly agrees to these T&C without reservations, even if they are changed;
3.5 In the event of T&C changing no longer approved by Client, he has the right to request the interruption of the business relationship without costs;
3.6 Any claim concerning a provided service under new T&C won't be accepted (points 2.3, 2.4, 2.5, 3.3 and 3.4 applies);


4] RESPONSIBILITY

4.1 The Client is the sole responsible of any mistake in bank data, transfers data, customers data, documents data submitted to us;
4.2 The Client is the sole responsible of the security in his email communications to us; He is the sole responsible in event of any tampering of his email messages from third parties and/or any impersonation of him by third parties;
4.3 Any expense caused by Client's error will be debited to the Client;
4.4 Following point 4.3, Axolute Ltd. may charge Client not only of bank additional charges, but also of a service charge for wasted time;
4.5 Any delay in service performing caused by Client's error will be his sole responsibility; Axolute Ltd. refuses any responsibility for any kind of damages related to and/or born from it;
4.6 Axolute Ltd.'s transaction fees are always due, even if the transaction is void for Client's error;
4.7 In event of transaction re-performed the fees are due twice (except for those at point 4.8);
4.8 In event of error done by Axolute Ltd., the company will correct it asap and all costs necessary to correct and/or repair the transaction will be at Axolute Ltd.'s charge only;
4.9 In event of an error at point 4.8 Axolute Ltd. will be responsible only to cover any transaction costs related to its error and to remake/correct the transaction at its own expenses; no any claims for additional costs and/or claims for damages may be acknowledged by Axolute Ltd.;
4.10 In event of delay in service performing caused by Axolute Ltd. the Client has only the right to request the transaction fees-free; bank transaction fees are always due in full, and the transaction can't be cancelled even if it is not already performed;
4.11 Related to points 4.8 and 4.9, Axolute Ltd. will correct the error at its own expenses; the Client hasn't the possibility to cancel the transaction;
4.12 The Client is informed that our bank is in Poland and all in/out bank transfers come from Poland. It's Client responsibility only to take care and to collect information about any possible restriction, limitation or anything else imposed by the recipient's country or by recipient's bank to collect money that comes from a UK company and/or a Poland bank account;
4.13 As per point 4.12 no claim for damages, no fees refunds or any other kind of reimbursement will be considered;
4.14 In the event of a reimbursement is due (points 4.8, 4.10 or 5.12) the Client has only the right to get back his money but no claim for damages or any other kind of reimbursement will be considered;
4.15 In the event of point 1.6 the Client hasn't any right to claim for damages and/or anything else (see also point 2.9);


5] PAYMENTS

5.1 Official currencies of Axolute Ltd. are EURO and USD. All transaction are treated in these currencies only;
5.2 All activities are performed only on advanced payments;
5.3 Point 5.2 is not applicable if the Client has a prepaid balance that covers the requested operation and it isn't in conflict with point 6.2;
5.4 Payment ways accepted by Axolute Ltd. are by bank transfer only;
5.5 Axolute Ltd. may also accept Bitcoins and Litecoins payments (restrictions may apply and the authorization must be requested prior to perform the transfer);
5.6 All payments performed to Axolute Ltd. must be performed in its official currencies (see point 5.1). It means that Client that uses different currency must previously calculates the correct amount to send us, based on BoE official exchange rate of the day.
5.7 All payment performed to Axolute Ltd. must be done always free of bank charges. It means that Client must set up a OUR instruction bank wire (all sender's bank charges and any intermediary bank's charges are to be born by him);
5.8 Payments performed by us (money forwarded out on behalf of our Client) are forwarded in EURO or USD currency. For any discrepancy, between amount received from the Client and the amount forwarded out to the other side, it'll be used the prepaid balance regulated at point 6.1;
5.9 All out payments performed by Axolute Ltd. are executed with a SHA instruction. It means that ALL bank charges born by our bank are fully covered by us (and charged to our Client). Other side's bank charges (and any intermediary bank's charges) are at recipient burden;
5.10 Each money movements made by Axolute Ltd. (collected on behalf of the Client, paid out to a Client, forwarded out on behalf of a Client, refund to a Client, etc.) are considered transactions and they are subjected to our service fees charge;
5.11 Exception at point 5.10 is for refunds to a Client in the event of Axolute Ltd. mistake. In this case our transaction fees are not applicable (but bank fees are still applicable);
5.12 Exception at point 5.10 is for refunds to Client in the event of business relationship cut off for T&C change not approved by Client. In this case our transaction fees are not applicable (but bank fees are still applicable);


6] PREPAID ACCOUNTS

6.1 The Client must set up a prepaid account (minimum amount EUR 100.00 / USD 100.00) to cover any possible additional cost we incur, any difference in currencies exchanges and/or any additional costs concerning foreign currencies transactions;
6.2 The prepaid balance starts with a minimum of € 100.00 / $ 100.00 and is commensurate on Client's turnover, volume and transactions amounts. It'll be arranged during business relationship but it can't be less than € 100.00 / $ 100.00 at any time;
6.3 The Client who requests a single transaction must set up a prepaid account too, based on transaction type and amount (we'll define and communicate it);
6.4 Prepaid amount expires 12 (twelve) months after last transaction;
6.5 Any amount in prepaid balance will be reimbursed at the end of business relationship with us (transaction fee may apply);
6.6 Related to point 6.4, the refund of the balance must be requested by the Client prior to balance expiration. Late requests can't be accepted and the sums are to be considered lost;


7] PRODUCTS

7.1 Axolute Ltd. is a payment intermediary; it provides services, not products;
7.2 All services provided by Axolute Ltd. are subjected to a fee;
7.3 All services are rendered as described under each service section;
7.4 As per point 7.3, the Client is the sole responsible of taking care that the service(s) provided are suitable for his needs; in case of doubts he must ask clarifications prior to take advantage of service(s);


8] RIGHT OF WITHDRAWAL

8.1 Each service is unique and suitable only for a specific client and a specific transaction; for this reason no right of withdrawal is applicable;
8.2 The Client can cancel a request of transaction within a short period between the moment we receive his order and the moment we forward it to our Bank; this time frame is 2 hours from the date/time of order submission;
8.3 As per point 8.2, an erased order within the possible time frame don't produce any cost for the Client;
8.4 As per point 8.2, a request to cancel an order after the possible time frame isn't accepted;
8.5 In the event of cancelled order, if it produces any expense, these expenses will be charged to the Client. In this event point 8.3 is not applicable;


9] MISCELLANEOUS

9.1 This original version of T&C may have been translated into other languages. In the event of discrepancy or inconsistency between the English language version and any translation, the English language version shall prevail.
9.2 Printing and archiving current T&C at the date of own subscription of them it's only Client's burden;
9.3 Each order and/or contract between the Client and Axolute Ltd. is governed by the laws of the United Kingdom and the parties accept to be subjected to those laws, without any reservation. In event of a dispute, the competent forum will be domiciled in London (United Kingdom). The Client, if by a law, a rule or a regulation of his country, has the right to decide which court has to be responsible for the dispute, expressly waives this right and accepts without reservation to be subjected to London's court (United Kingdom);


10] CONTENTS, AVAILABILITY AND SECURITY

10.1 All Content included in this website, unless uploaded by User, including, but not limited to, text, graphics, logos, icons, images, data compilations, page layout, underlying code and software is property of Axolute Ltd., its affiliates or other relevant third parties. The Client and all users acknowledge that such material is protected by applicable International intellectual property and other relevant laws. No one can reproduce, copy, distribute, store or in any other fashion re-use material from this website without explicit written authorization;
10.2 This website may contain links to other sites. These sites could be under the control of Axolute Ltd. or not. However, Axolute Ltd. doesn't assume any responsibility for any and all forms of loss or damage arising out of the use of them nor for their content;
10.3 Axolute Ltd. doesn’t ensure that this website will be compatible with all systems and devices, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of this website;
10.4 Axolute Ltd. doesn’t ensure that the website is secure and free of errors, viruses and other malware; all users are advised to take responsibility for their own security, of their personal details and their computers;
10.5 Axolute Ltd. doesn’t ensure that the service provided by this site will be free of defects and/or faults, and that the website will be available on an uninterrupted basis. Axolute Ltd. doesn't accept any liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship;
10.6 Axolute Ltd. reserves the right to alter, suspend or discontinue any part of (or the whole of) this website. These T&C shall continue to apply to any modified version of this website unless it is expressly stated otherwise;
10.7 All communications sent to us by emails or online forms are transmitted in not-encrypted mode. Users must be aware that they use these communication systems at their own risk;
10.8 Exception to point 10.7 for communications submitted through compliance form; all data and files submitted through that form are protected and encrypted;
10.9 As per point 4.2 Axolute Ltd. takes all possible precautions to protect Client's interests and to verify his identity, however Axolute Ltd. refuses all responsibilities;
10.10 The Client will be persecuted if any infected file will be sent to us by him; he could also be called to pay damages caused to us by the virus or malware;


11] TAXES AND INVOICING

11.1 Axolute Ltd. is incorporated under The Registrar of Companies for England and Wales; according to its tax rules Axolute Ltd. is not eligible to apply for VAT, so Axolute Ltd. hasn't a VAT number;
11.2 For collected amounts on behalf of its client Axolute Ltd. will issue a receipt of payment done to customer's Client. This receipt has no validity as deductible fiscal document. The deductible fiscal document is the original invoice received directly by the Client;
11.3 For out payments done on behalf of its Client, Axolute Ltd. will issue a receipt of payment done to its Client. This receipt has no validity as deductible fiscal document. The deductible fiscal document is the original invoice received directly by the supplier;
11.4 Axolute Ltd. issues a regular invoice, free of VAT, for its fees concerning the transaction and bank fees concerning the transaction (if debited to us);
11.5 Invoices issued by Axolute Ltd. are raised within 10 days after the end of the commitment;
11.6 The collecting fees (if any) debited to Axolute Ltd. to collect payment from the customer's Client are billed to the Client and they are deductible by him;
11.7 The pay out fees debited to Axolute Ltd. for the out payment performed on behalf of its Client are billed to the Client and they are deductible by him;
11.8 The transaction fees (our bank fees) concerning the money transfer from Axolute Ltd. to its Client are billed by Axolute Ltd. to the Client and they are deductible by him; The transaction fees (intermediary bank's fees and recipient bank's fees) are not billed by Axolute Ltd. and the relative invoice (if any) must be requested to the relative payment intermediary (intermediary bank and/or recipient bank);
11.9 Regardless to any subscription to VIES of Axolute Ltd. (not possible not having a VAT number to subscribe), all invoices raised to Axolute Ltd. must be VAT free (as per EEA rules) stated UK Registrar of Companies is free and publicly available and it's possible to anyone to check the existence of the company (direct link to Company House);


12] OVERDUE AMOUNTS

12.1 An amount is defined overdue after 30 (thirty) days after payment due date stated inside invoice and/or any other kind of document and/or communication sent to the Client (such as 1st notification email);
12.2 In the event of overdue amounts (regardless to point 5.2) Axolute Ltd. is authorized to charge a fixed interest rate of 8% plus the Bank of England base rate for business transactions. The rates are both calculated on an annual basis (365 days), on the overdue amount;


13] ORDERS AND COMMANDS

13.1 The Client can command the collection of a credit through emailing us directly or by online form. No other ways to order will be accepted;
13.2 The Client can command the pay out of a debit through emailing us directly or by online form. No other ways to order will be accepted;
13.3 Orders and commands must be complete in all their parts to be accepted by Axolute Ltd.; any lack of information will void the order (see also point 1.5 and 1.10);
13.4 To accept the order/command, Axolute Ltd. must be able to verify Client's identity with no doubts (see also points 1.1, 1.3 and 1.9);


14] CURRENCIES

14.1 Official Company currencies are EURO and USD (point 5.1);
14.2 If the Client uses a different currency he has to convert any amount prior to send money to us (point 5.6);
14.3 For out payments to Client's suppliers see point 5.8;
14.4 For withdrawals to Client the currency is always EURO or USD, regardless to Client's currency;
14.5 Any amount to be converted in foreign currency (than EURO or USD) will be converted applying the BoE official exchange rate of the day;
14.6 Any additional costs requested by Axolute Ltd. bank and/or Client's bank to menage foreign currencies are debited to the Client;


15] PRIVACY

15.1 For all privacy information please refer to privacy section.


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Valid from 01.05.2016
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