SPACEFEX LIMITED
info@spacefex.co.uk
Terms & Conditions

TERMS & CONDITIONS OF SERVICES PROVISION

(Online Public Agreement Form)



January 1, 2020, UK





SECTION I. INTRODUCTION 


1.1. The present Terms & Conditions of Services Provision (further "Terms") is formed/signed/agreed between a client (hereinafter referred to as "Customer", "Client", "you") and SPACEFEX LIMITED, a private limited company incorporated and acting under the laws of England and Wales, company No. 12337552, registered office: 29 Staplehurst Road, Manchester, United Kingdom, M40 2SG, its subsidiaries and affiliates, represented by its directors, managers and employees (hereinafter referred to as the "Company," "we" or "Our") when an order is received from the Client. An order may be in written, verbal, or electronic form. The Service shall mean any product or services that are provided by the Company to the Client in accordance with the scope of work as specified in the proposals and invoices.




SECTION II. APPLICABILITY


2.1. By ordering or purchasing any product/service (i.e. introduction of potential clients, consulting services, bank account opening, attracting potential buyers, etc. (“Service")) offered by the Company, the Client agrees with the Terms as posted/published at https://spacefex.co.uk (“Company’s website”).


2.2. These Terms come into force from the time it is posted in the Company’s Website and are valid until it is withdrawn by the Company.


2.3. The Company reserves the right to change the Terms at any time and without notice. Thus, the Client is advised to regularly check these Terms.


2.4. We may, at our sole discretion, verify your identity before acceptance of such purchase or order. We may also refuse to process or may cancel a purchase or an order, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms. Refunds for cancelled orders may be issued where appropriate under these Terms.




SECTION III. ACCEPTANCE


3.1. An offer concluded by accepting these Terms is governed by the following laws and can be accepted by any person by joining (accession) the proposed Terms as a whole:


i) Civil Procedure Act 1997

https://www.legislation.gov.uk/ukpga/1997/12/pdfs/ukpga_19970012_en.pdf


ii) Companies Act of 2006

https://www.legislation.gov.uk/ukpga/2006/46/enacted/data.pdf


iii) FCA Law

https://www.legislation.gov.uk/ukpga/2000/8/data.pdf

https://www.handbook.fca.org.uk/handbook/PRIN/2/1.html


iv) PRA Law

https://www.prarulebook.co.uk/rulebook/Content/Part/211136/30-11-2015


v) Criminal Law Act

https://www.legislation.gov.uk/ukpga/1967/58/data.pdf


vi) Sanctions and Anti Money Laundering Act 2018

https://www.legislation.gov.uk/ukpga/2018/13/pdfs/ukpga_20180013_en.pdf


vii) DIRECTIVE (EU) 2015/2366 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2015 On payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC

https://www.legislation.gov.uk/eudr/2015/2366/data.pdf


viii) PSD 2 (UK)

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32015L2366


ix) Employment Rights Act 1996

https://www.legislation.gov.uk/ukpga/1996/18/part/I/data.pdf


x) National Minimum Wage Act 1998

https://www.legislation.gov.uk/ukpga/1998/39/data.pdf


xi) Working Time Regulations 1998

https://www.legislation.gov.uk/uksi/1998/1833/made/data.pdf


xii) Income Tax (Earnings and Pensions) Act 2003

https://www.legislation.gov.uk/ukpga/2003/1/data.pdf


xiii) National Insurance Contributions Act 2014

https://www.legislation.gov.uk/ukpga/2014/7/enacted/data.pdf


xiv) Immigration, Asylum and Nationality Act 2006

https://www.legislation.gov.uk/ukpga/2006/13/data.pdf


xv) Guidelines compliance table, EBA/GL/2019/02 Guidelines compliance table, EBA/GL/2019/02


xvi) GDPR

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679


3.2. The Company has the obligation to inform the appropriate government authority, institution and/or courts directly once it has been learnt/observed/detected of any violations of the laws stated in these Terms.


3.3. Any payment of invoice by the Client


(1) or/and - receiving services through electronic channels (e-mail, etc)


(2) or/and - accepting services in electronic form (e-mail. etc)


(3) or/and - signing/accepting NDA


(4) are clear evidence and manifestations that he accepted services and deemed agreed to abide by the Terms as published/posted in the Company’s website.


3.4. The full and unconditional acceptance of these Terms (that is, acceptance of the offer) is tantamount to the unconditional acknowledgement from the Client to pay the Service ordered/purchased.




SECTION IV. SUBJECT


4.1 The Client orders and the Company assumes the obligation to provide the Service specified in proposals, e-mails, NDA, quotations and invoices including, but not limited to the following spheres:


i) Commercial Banks


ii) Electronic Money Institution


iii) Payment Institution


iv) Other companies with a regulated financial licence.




SECTION V. ORDERS AND PRICING


5.1 The price of Service, duration of execution, and terms of payments are provided in the proposals, quotations and invoices.


5.2 Postage, courier delivery, re-sending of documents to the Client and other related expenses are not included in the price of Service and to be paid separately by the Client.




SECTION VI. PAYMENT TERMS


6.1 Standard payment for Service is made by the Client by crediting funds in advance to the settlement account of the Company in the agreed amounts.




SECTION VII. TERMINATION, CANCELLATION AND REFUND


7.1 Termination/Cancellation


i. The terms and conditions of services provision shall be terminated after the obligations of the Company and the Client, are duly performed, and compiled hereof, respectively.


ii. If the Client cancels or prematurely terminated the provision of Services, the Company shall not reimburse the amount paid, transferred fees, prices, or charges, incurred payments to third parties or other entities.


iii. If the Client cancels the previously paid expert and consulting Service, the Company withholds the actual costs incurred in connection with the performance of the Service. Refunds are made minus the costs actually incurred and the Service rendered.




SECTION VIII. LIMITATION ON LIABILITY


8.1 In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your purchase or use, or inability to use, any service, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain or suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.


8.2. The foregoing does not affect any liability which cannot be excluded or limited under the applicable law.




SECTION IX. ELECTRONIC COMMUNICATION


9.1 All electronic communications (e.g., email, instant message, SMS, web conferencing, screen sharing, file exchanges), whether in the form of audio, video or text, along with any attachments (each, an "e-communication"), are intended solely for the use of the intended recipient(s) and may contain information that is privileged, confidential, proprietary, trade secret, protected by legal privileges or rules including but not limited to the attorney-client privilege and work product immunity, as applicable, or any other intellectual property or proprietary rights laws. No confidentiality or privilege is waived or lost by any errors in transmitting or receiving an e-communication. If you receive an e-communication but are not an intended recipient, please notify the sender (the “Sender”), delete and destroy all copies of the e-communication, and be advised that any review or dissemination of, or the taking of any action in reliance on, the information contained in the e-communication is prohibited. E-communications are not intended for distribution to, or use by, any person or entity in any location where such distribution or use would be contrary to law or regulation.


9.2 The transmission and content of an e-communication cannot be guaranteed to be secure or free of errors or viruses. Therefore, the Sender does not represent that any e-communication (or the information contained therein) is complete, accurate, uncorrupted, timely or free of viruses, and it should not be relied upon as being error-free or secure. The Sender does not waive any intellectual property rights in any e-communication.  For your protection, the Sender recommends that you do not send any individual personal data via communication methods that are not secure, including via public e-communication channels, which are generally not secure and could be intercepted by a third party. If you are not comfortable with the risks associated with email and decide not to use unencrypted email to communicate with Sender, please notify the Sender. Sender provides encrypted email services for certain products and services. Sender reserves the right to intercept, monitor, record, review and retain all e-communications, including audio, video, and text, sent or transmitted to or from its systems, anywhere in the world, including through use of suppliers, as permitted by applicable law. Any e-communication that is conducted within or through Sender's systems will be subject to being archived, monitored and produced to law enforcement, regulators and in litigation anywhere in the world in accordance with Sender's policy and local laws, rules and regulations.




SECTION X. CONFIDENTIAL TERMS AND CONDITIONS


10.1 Both Parties shall deal with all details relating to any information that may be acquired in performing Services under these Terms in a confidential manner.


10.2. Neither Party shall disclose these terms and conditions, or the pricing contained therein to any third party, except as may be required by law, regulation, or other governmental authority.




SECTION XI. GOVERNING LAW AND JURISDICTION


11.1. These Terms and any dispute, claim or differences arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of UK without giving effect to any choice or conflict of law provision or rule (whether of UK or any other jurisdiction).


11.2. If any disputes or differences between the Parties arising out of or in connection with these Terms or its performance shall be settled amicably by the Parties and in case the dispute cannot be resolved within thirty (30) days from notice to the other party, the dispute shall be instituted exclusively in the courts of UK.


11.3. For avoidance of doubt, the Company retains the right to bring any suit, action or proceeding against the Client for breach of these Terms in his jurisdiction of residence or any other relevant jurisdiction. The Client waives all objections to the exercise of jurisdiction over him by such courts and to venue in such courts.




SECTION XII. WAIVER AND SEVERABILITY


12.1. No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.


12.2. The invalidity or unenforceability of any provision in the Terms shall in no way affect the validity or enforceability of any other provision herein. In the event of the invalidity or unenforceability of any provision of this Agreement, the Parties will immediately negotiate in good faith to replace such a provision with another, which is invalid or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces.




SECTION XIII. GENERAL PROVISIONS


13.1. These Terms constitutes the entire online agreement including any proposals, quotations, invoices appendixes, annexes to the same between the Parties relating to the order of the Service and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, written, electronic and verbal.


13.2. The captions in this Agreement are for convenience only and shall not define or limit any of the terms hereof.


13.3. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.


13.4. The failure to exercise or delay in exercising a right or remedy under these Terms shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies and no single or partial exercise of any right or remedy under these Terms shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.


13.5. The rights and remedies contained in these Terms are cumulative and not exclusive of any rights or remedies provided by applicable law.