These General Terms and Conditions govern the contractual relationship between you and CMC Certus Management Consultants Ltd regarding support with opening an account at Bank of Georgia remotely.
Note: This is a convenience translation. The legally authoritative version is the German one (see § 13(5)).
§ 1 Scope and provider
(1) These General Terms and Conditions (hereinafter "Terms") apply to all contracts for the services described below between the customer and the provider:
CMC Certus Management Consultants Ltd
Serghides House, Office 102
61 Archbishop Makarios III Avenue
6017 Larnaca, Republik Zypern
Registration number: HE320171 (Registrar of Companies, Republik Zypern)
Director: Florian Wilk
Email: kontakt@freiheitskonto.com
(2) The version of these Terms valid at the time the contract is concluded applies. Differing terms of the customer do not become part of the contract unless the provider expressly agrees to their validity in text form.
§ 2 Subject and scope of the service
(1) The provider renders an organisational support and assistance service for opening a personal account (SOLO) at Bank of Georgia remotely. This includes in particular the profile review, provision of a power-of-attorney template, coordination of the opening by an authorised representative on site, set-up of online banking and card, and courier shipping.
(2) The provider is neither a bank nor a tax adviser nor a law firm. It provides no tax, legal or investment advice and operates no accounts itself. The account is operated solely by Bank of Georgia under its own terms.
(3) The decision to open an account lies solely at the discretion of Bank of Georgia. The provider has no influence over this and cannot assure a successful opening.
§ 3 Conclusion of the contract
(1) Submission of the completed order form by the customer constitutes a binding offer to conclude a service contract.
(2) The contract is concluded only upon the provider's order confirmation in text form (e.g. by email). An automatic acknowledgement of receipt does not constitute acceptance.
(3) The provider is entitled to decline an order without stating reasons, in particular where the prospects of success appear low after the profile review.
§ 4 Customer's duties to cooperate
(1) The customer provides all required documents completely, truthfully and in good time, in particular a copy of the passport, a short CV, the stated purpose of the account and a notarised and apostilled power of attorney. The power of attorney is limited to 60 to 90 days and expires automatically afterwards; it authorises solely the one-off opening of the account.
(2) The customer warrants that their information is correct and complete and that the funds to be deposited are of lawful origin.
(3) Delays or additional effort attributable to incomplete, incorrect or late cooperation by the customer are not borne by the provider.
§ 5 Prices and payment terms
(1) The fee for supporting the remote account opening is EUR 750 plus the applicable statutory VAT. A flat fee of EUR 120 is charged for the worldwide courier shipping of the cards and documents.
(2) The fee includes the services named in § 2(1), including necessary translations as well as the notary and bank fees on site in Georgia.
(3) Not included in the fee are the costs incurred in the customer's home country for notarisation and apostille, as well as the ongoing fees of Bank of Georgia. The customer bears these directly.
(4) The fee is due after order confirmation and before work begins, unless expressly agreed otherwise.
§ 6 No guarantee of success
(1) The contract is a service contract. The provider owes diligent, professional action, but not the success in the form of an actual account opening.
(2) If the bank declines the opening despite proper performance and full cooperation by the customer, this does not affect the provider's claim to the fee for the support service already rendered. Any differing or goodwill arrangements require an express agreement in text form.
(3) The optional opening of a securities depot at Galt & Taggart is charged separately at EUR 490; ongoing depot conditions follow the Galt & Taggart tariff.
§ 7 Right of withdrawal for consumers
(1) Under Cypriot consumer-protection law – the Consumer Rights Law (Law 133(I)/2013 transposing Directive 2011/83/EU) – consumers have a right of withdrawal for this distance contract. A consumer is any natural person who concludes the contract for purposes that are predominantly outside their trade or self-employed professional activity.
(2) Withdrawal instruction: You have the right to withdraw from this contract within fourteen days from the day the contract is concluded, without stating reasons. To exercise the right of withdrawal, you must inform us (CMC Certus Management Consultants Ltd, Serghides House, Office 102, 61 Archbishop Makarios III Avenue, 6017 Larnaca, Republik Zypern, email: kontakt@freiheitskonto.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). To meet the withdrawal deadline, it is sufficient to send the notification before the deadline expires.
(3) Early lapse: The right of withdrawal lapses early if the provider has fully performed the service and only began performance after the customer gave their express consent and simultaneously confirmed their awareness that they lose their right of withdrawal upon full performance of the contract.
(4) Consequences of withdrawal: If you withdraw from this contract, we must repay all payments received from you without undue delay and at the latest within fourteen days from receipt of the withdrawal notice. If you requested that the service begin during the withdrawal period, you must pay us a reasonable amount for the service already rendered up to the point of withdrawal.
§ 8 Liability
(1) The provider is liable without limitation for damages arising from injury to life, body or health, and for damages based on intent or gross negligence.
(2) Otherwise, to the extent permitted by the law of the Republic of Cyprus, the provider is liable only for intent and gross negligence. Liability for slight negligence is excluded so far as legally permissible; for property and financial loss, liability is limited in amount to the foreseeable damage typical for the contract. Any liability mandatory under Cypriot law remains unaffected.
(3) The provider is not liable for decisions, actions, conditions, fees or delays of Bank of Georgia, nor for delays at the notary, apostille authority or courier service, insofar as these are not its responsibility.
(4) The provider is not liable for tax or legal consequences arising for the customer from opening or using the account. Compliance with tax and legal obligations is solely the customer's responsibility.
§ 9 Data protection
The provider processes personal data solely within the framework of applicable data protection laws. Details on processing are contained in the Privacy Policy.
§ 10 Tax notes and personal responsibility
(1) An account outside the EU must be declared in the customer's country of tax residence. Georgia participates in the automatic exchange of information (Common Reporting Standard, CRS).
(2) The provider does not provide tax advice. The customer is responsible for assessing their own tax and legal obligations and consults a qualified adviser where appropriate.
§ 11 Confidentiality
The provider treats all customer information and documents that become known to it in the course of the engagement as confidential and passes them on only insofar as necessary to perform the engagement or required by law.
§ 12 Term and termination
(1) The contract generally ends upon full performance of the agreed service.
(2) The right of both parties to terminate for good cause remains unaffected. Insofar as these are services of a higher nature entrusted on the basis of particular trust, the contractual relationship may also be terminated without good cause; services already rendered are remunerated proportionately in that case.
(3) Terminations require text form.
§ 13 Final provisions
(1) This contract and these Terms are governed exclusively by the law of the Republic of Cyprus. For consumers, mandatory consumer-protection provisions of the state in which the consumer has their habitual residence remain unaffected.
(1a) The competent courts of the Republic of Cyprus (Larnaca District) have jurisdiction over any disputes arising out of or in connection with this contract, so far as legally permissible. Mandatory statutory consumer jurisdictions remain unaffected.
(2) Should a provision of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.
(3) Amendments and additions to these Terms as well as side agreements require text form.
(4) For out-of-court dispute resolution, consumers may contact the Cypriot Consumer Protection Service of the Ministry of Energy, Commerce and Industry of the Republic of Cyprus. The provider is neither obliged nor generally willing to participate in such a procedure.
(5) The authoritative version is the German version of these Terms. This English text is a convenience translation; in the event of discrepancies, the German version prevails.