Please read and accept before completing the order

 

Important - this is a legal contract between SIA KLUMEL, registration number 42103087532, legal address: Kurzemes prospekts 88-33, Riga LV-1069, Latvia and you. Please read the following terms carefully. By using www.klumel.lv you agree to this contract. You must accept this contract for placing order. If you do not agree to this, you may not access or otherwise use this Website.

 

This website www.klumel.lv is owned and administered by SIA KLUMEL, registration number 42103087532, legal address: Kurzemes prospekts 88-33, Riga LV-1069, email address: info@klumel.lv and the services offered on this website are provided by the same company.

 

1. Services​​

1.1. Description and pricing of online services offered by SIA KLUMEL (hereinafter - Service(-s)) are displayed on this website section Online Services (Online pakalpojumi in Latvian, Онлайн-сервисы in Russian, 在线服务 in Chinese, Internetinės paslaugos in Lithuania, Sidusteenused in Estonian, שירותים אונליין in Hebrew).

1.2. These Terms of Service for Online Services (hereinafter – Terms) apply to all Services and constitute a legal contract (hereinafter – Contract) between SIA KLUMEL and the user of www.klumel.lv online services (hereinafter – Client). Valid Terms are presented on www.klumel.lv website.

1.3. By ordering Services from the website you agree to be bound by the Terms under the Contract.

1.4. The Contract has as its object the retrieval, the purchase (if applicable) and the supply of companies documents, registration certificate, financial statements, company or director reports, landbook register certificate, certificates and similar information products on behalf of the Client and delivery the product to the Client.

1.5. The Contract will be considered final upon completion of order with the payment by Client. SIA KLUMEL always reserves the right not to execute an order received, returning the amount paid to the Client, without explaining the reason.

1.6. Upon ordering the Service, activities that disrupt or prevent the provision of Services to the Client or activities that may do so are forbidden.

1.7. The legal relationship between the Client and SIA KLUMEL is governed by the valid laws of the Republic of Latvia without the reference to the conflict of law provisions.

1.8. The Services ordered in www.klumel.lv shall be made by a person with full active legal capacity who has attained at least 18 years of age. If the Service is ordered by the person who does not comply with the regulations under the Latvian legislation, the person whose bank account or credit card is used will be responsible for the transaction.

1.9. By ordering Services the Client confirms an intention to use the Services solely for his/her/it economic or professional activities and not for individual or third party private aims.

 

2. Client account

2.1. To order, use and manage the Services, the Client must have an account in the website (hereinafter – User Account).

2.2. The User Account will be automatically created for each Client after purchasing Services from SIA KLUMEL. The User Account may also be created by signing-up at the respective section of the website. The User Account will be activated from purchasing Services from SIA KLUMEL using the website.

2.3. The User Account is accessible using the e-mail address provided to SIA KLUMEL upon ordering the Services or signing-up and a password (hereinafter – both joinlty referred to as the Log-in Data).

2.4. The Client shall keep the User Account Log-in Data confidential and not disclose those to any third party. The Client shall inform SIA KLUMEL immediately about the suspicion that the Log-in Data may have fallen into possession of a third party and replace the password. SIA KLUMEL may block the User Account where the suspicion arises that the User Account is accessed by unauthorized third party.

2.5. The Client has right to manage the User Account during the validity of the Contract, i.e. to create, change and request to delete the User Account. Deleting the User Account will delete the content. SIA KLUMEL does not guarantee further access to the content of deleted User Account.

2.6. SIA KLUMEL has right to block the access to the User Account without advance notice and without any liability to the Client in case the Client is in the breach of the Contract. Activation of the User Account is subject to due performance of the Contract and payment of respective Service fee by the Client.

2.7. The User Account will be inactivated by SIA KLUMEL upon termination of the Contract in accordance with these Terms. SIA KLUMEL shall delete the User account after inactivation.

 

3. Ordering Services

3.1. The Client shall provide to SIA KLUMEL all information, data and instructions related with the ordered Services in good faith, full completeness and without unreasonable delay. SIA KLUMEL assumes that all necessary data, information and instructions are always given in such way.

3.2. Services are provided on prepayment basis. Services ordered on the website can be paid for by credit card.

3.3. All prices are in Euros (whether published in website price list or in individual communications) and exclusive of Value Added Tax. Information as to VAT liability is available on the request. Applicable value added tax shall be indicated before ordering the Services. The Client is responsible for indicating SIA KLUMEL on requirement to apply reverse charge value added tax for submitted order.

3.4. After selecting the Service, the price of the Service is displayed at the checkout in the online shop. If due to the nature of the Service the price cannot be displayed properly, then the initial price of the Service and the bases for calculating the price of the Service are displayed.

3.5. By ordering Services in the name of a company, you confirm your authorization to legally bind the company and enter into this Contract with SIA KLUMEL on behalf of the company.

3.6. Due to the regulations established by the EU and national money laundering and terrorism financing prevention (AML) legislation and in accordance with SIA KLUMEL anti-money laundering risk assessment policy, international and national sanction compliance policy, we may not provide Services to:

3.6.1. politically exposed persons, including family members and persons known to be close associates with politically exposed person;

3.6.2. persons included in the international sanctions lists (https://sankcijas.fid.gov.lv)

3.6.3. clients from FATF high-risk countries and other monitored jurisdictions (http://www.fatf-gafi.org/countries/).

3.7. By ordering Services from SIA KLUMEL you confirm that beneficial owner and the management board member of the company do not qualify to be persons referred to in the above article. Client must inform SIA KLUMEL immediately if the status of the beneficial owner or the management board member of the company changes.

 

4. Rights and obligations of the Client

4.1. The Client may not assign this Contract or resell Services to third parties, unless otherwise agreed with SIA KLUMEL.

4.2. The Client is obliged to provide to SIA KLUMEL the main email address and must inform immediately if the email address is changed. The Client consents that SIA KLUMEL will send all notifications related to this Contract to the main email and all notifications are deemed delivered to the Client after five (5) calendar days from sending.

4.3. The Client shall acknowledge that he/she is fully aware of the risks that may be entailed by electronic submission of information and documents and the Client agrees to exchange information electronically. Documents sent by SIA KLUMEL by e-mail (whether or not containing confidential information) will not be encrypted. It is Client’s responsibility to put in place measures to protect its computers and IT systems against viruses, defects etc.

4.4. Upon using Services, the Client undertakes to:

4.4.1. conduct its business in compliance with applicable laws, regulations and good moral and practice;

4.4.2. co-operate with SIA KLUMEL in all matters relating to the Services;

4.4.3. provide SIA KLUMEL with such information and documents SIA KLUMEL may reasonably require in order to supply the Services, and ensure that such information is complete and accurate;

4.4.4. refrain from disrupting or damaging SIA KLUMEL websites, software, intellectual property or Services.

 

5. Rights and obligations of SIA KLUMEL

5.1. SIA KLUMEL undertakes to provide Services in accordance with the Service description and in compliance with the legislation concerning Services. Upon providing Services SIA KLUMEL shall rely on the standards and good practice applicable in respect of Services

5.2. SIA KLUMEL reserves the right not to provide Services to Clients who do not comply with our anti-money laundering risk assessment policy or on other grounds at our discretion.

5.3. SIA KLUMEL reserves the right to use sub-contractors for providing Services to the Client and hand over Client data to the sub-contractor for the purpose of providing Services to the Client.

5.4. SIA KLUMEL reserves the right to amend these Terms unilaterally. The current Terms are published on www.klumel.lv. The Client is notified of the amendments via email at least four (4) calendar weeks in advance, except where the amended terms are more favourable to the Client. The Client may refuse to accept the amendments and cancel the Contract by giving cancellation notice to SIA KLUMEL by email during this one (1) calendar month advance notice period. If the Client has not submitted cancellation notice it time, the Client is deemed to have accepted new Terms.

 

6. Validity and Termination of the Contract

6.1. The Contract is concluded without a term or due to the nature of the Service is valid until the performance of the Service.

6.2. SIA KLUMEL and the Client may terminate the Contract unilaterally by notifying of it via email at least two (2) calendar months in advance. 

6.3. SIA KLUMEL reserves the right to terminate the Contract any time without a refund and without liability to the Client by sending termination notice to the Client email in the following cases:

6.3.1. SIA KLUMEL has not been able to provide Services in accordance with the Service description within 1 (one) month from entering into the Contract due to the circumstances dependent on the Client;

6.3.2. the Client has provided incomplete or incorrect information, or failed to provide information or documents requested by SIA KLUMEL for performance of this Contract;

6.3.3. the Client fails to provide information and documents requested by SIA KLUMEL for completing the KYC procedure within two (2) months from entering into Contract or does not review and update the KYC in accordance with this Contract;

6.3.4. the status of the beneficial owner and/or the management board member of the company does not comply with SIA KLUMEL AML risk assessment policy;

6.3.5. the status of the beneficial owner and/or the management board member of the company does not comply with SIA KLUMEL AML risk assessment policy;

6.3.6. SIA KLUMEL has a reason to believe that the activity of the Client may damage or has damaged reputation and/or goodwill of SIA KLUMEL.

6.3.7. upon termination of the Contract, the User Account will be inactivated.

6.4. If the Client is an individual, then the 14-day right of withdrawal does not apply to the Services, because the Services provided by SIA KLUMEL are related to the economic or professional activity of the Client.

 

7. Personal data processing rules

7.1. SIA KLUMEL process personal data collected from the Client in compliance with applicable data protection legislation, including the General Data Protection Regulation (EU) 2016/679 (GDPR).

7.2. Purpose of processing personal data is providing Services, improving Services, providing Client support and keeping Clients informed about SIA KLUMEL Services and news.

7.3. Details of how SIA KLUMEL processes personal data are set out in our Privacy Policy for Online Services. Please review our privacy policy before purchasing Services.

7.4. Any questions about processing personal data can be sent to info@klumel.lv.

 

8. Confidentiality

8.1. Any information that will be stated during the provision of the Services are confidential to SIA KLUMEL and to Client.

8.2. All personal information provided while ordering the Services are confidential and are treated by the requirements of the GDPR.

8.3. SIA KLUMEL does not give out personal information to third parties without the consent of the Client, except to delivery services providers, Register of Enterprises of the REpublic of Latvia, Landbook institutions of Latvia.

8.4. The restrictions of use and disclosure of confidential information shall not apply to information covered by the following exceptions: information that is or becomes publicly known, information that SIA KLUMEL is compelled to disclose by law or which disclosure is necessary for the due and timely fulfilment of the order (i.e. disclosure to the notary, bank, court, translator or public authorities). By accepting these terms, the Client gives also its/his/her consent to disclose information and documents relating to fulfilment of Services to the other employees of SIA KLUMEL.

 

9. Limitation of liability

9.1. SIA KLUMEL is liable only for performing obligations arising from this Contract. SIA KLUMEL will not be responsible for performing obligations of the Client arising from laws and regulations applicable to the activities of the Client.

9.2. SIA KLUMEL will not be liable to the Client for any loss, damage, charges or cost and expenses arising from temporary suspending the Services in accordance with this Contract.

9.3. SIA KLUMEL will not be liable to the Client for any loss, damage or cost arising from providing Services on the bases of incomplete or inaccurate information provided by the Client.

9.4. SIA KLUMEL will not be liable to the Client if failure to perform obligations under this Contract is caused by circumstances dependent on the Client.

9.5. SIA KLUMEL will not be liable to the Client for any loss, damage, charges or costs arising from termination of the Contract in accordance with article 6.3. of the Terms.

9.6. SIA KLUMEL is liable to Client for damage if damage is caused by breach of this Contract intentionally or due to gross negligence.

9.7. SIA KLUMEL s not liable for indirect damage (incl. loss of profit) caused to the Client due to breach of the Contract. 

9.8. The limitation period for submission of claims against SIA KLUMEL under this Contract shall be three calendar months from performance of the act or occurrence of the event which caused the damage to the Client.

9.9. SIA KLUMEL total liability under this Contract is limited to the amount of Service fee paid by the Client, unless otherwise provided in special terms of service.

9.10. If the Client’s activity results in damage, costs or expenses to SIA KLUMEL (for example expenses on legal assistance) or liability before third parties in relation to a breach of the Contract by the Client, the Client is obligated to compensate SIA KLUMEL for all expenses and losses borne in relation to it.

9.11. SIA KLUMEL is not liable in case a force majeure and other faults and disturbances not caused or affected by SIA KLUMEL prevent the Client from using the User Account or its services.

 

10. Miscellaneous

10.1. The Parties aim to solve all disagreements with the negotiations. In the event the Parties are unable to reach a settlement, the dispute, controversy or claim arising from or in connection with provided services or products shall be settled in the court of Latvia.

10.2. These Terms are construed, governed and interpreted by Latvian law as a final applicable law.