General Terms and Conditions of Singabiz Ltd. and Singabiz Network
I. Preamble
The present General Terms and Conditions regulate the business relations between Singabiz Ltd. and partners of Singabiz network on one side and the customers of Singabiz Ltd. and of partners of Singabiz network on the other side.
1. Definitions
„Singabiz Ltd.“ – Singabiz Ltd. with the registered office in 40882 Ratingen (Germany), Josef-Schappe-Str., 21, Companies Register Düsseldorf, HRB 76117, its official and authorised representatives, branches, offices and other representations;
„Partner of Singabiz Network“ – any partner, affiliated to Singabiz network;
„Customer“ – a company, a person or multiple persons, planning or executing business activities and requesting in this context consultation or services from Singabiz Ltd. or from any partner of Singabiz network.
2. Singabiz and Singabiz Network
To be able to better serve the customers and to offer them a broader range of services Singabiz launched Singabiz network. Through the connection of diverse service providers and consultants, customers are able to get from one single contact point a broad range of consultations and services related to establishing, running and expanding a business.
II. Offered Services
Singabiz Ltd. and partners of Singabiz Network offer different services around starting an own business, company incorporations, financing, tax aspects and further topics, which are directly or indirectly related to starting, developing, expanding, internationalising, optimising business activities of a company or self-employed persons.
In case of services, which require special licenses or permissions, Singabiz network works with licensed and accredited representatives of the affected professions.
Further Singabiz Ltd. and partners of Singabiz Network offer services around administrative support of customers, like office space, organisation of business processes, post handling and other aspects of organisation of business processes.
The below mentioned services are not fully available in all countries.
1. Non-recurring and Recurring Services
Based on different requirements the services are offered either as non-recurring services (for example, a company incorporation or one-time consultation) or as recurring services (for example, an ongoing tax support, authorised representation etc.).
2. Consulations around Starting an Own Business
Consulations around starting an own business include all aspects of a business start, e.g. preparation of a business plan, options for financing the project, ongoing support for the business development etc. The consultations can be also offered as a government-funded consulation.
3. Company Incorporations
Company incorporations in the countries, which are offered by Singabiz Ltd. or by partners of Singabiz network, include various services, required for an incorporation of a fully operational company in the requested country. These services can vary from country to country and can be found in the currently valid company presentations and price lists.
4. Authorised Representation, Interim Management
II.4.1 Customers of Singabiz Ltd. and customers of Singabiz network can request an authorised representation of their newly incorporated or existing company by Singabiz Ltd. or a partner of Singabiz network. In this case the customer’s company will be represented by a representative of Singabiz Ltd. or by a partner of Singabiz network towards governmental authorities, potential partners of the affected customer and other contacts.
II.4.2 If a customer of Singabiz Ltd. or a customer of a partner of Singabiz network does not yet have an engaged company manager for the new company, Singabiz Ltd. or a partner of Singabiz network can take over the management of the new company on the interim basis.
5. Business Match Service
Customers of Singabiz Ltd. or customers of a partner of Singabiz network can request services around business matching in order to find suitable partners or customers in the new markets.
6. Office Address, Office Space, Administration Work
Singabiz Ltd. and partners of Singabiz network offer as well services around office addresses, office space and administration work for new or existing companies.
7. Financial Services
Within Singabiz network customers can receive different financial services, like bookkeeping, tax consultant services, annual returns and tax declarations, verifications of tax assessments, financing options, opportunities to get governmental or public funds and other services.
8. Corporate Design and other Design Services
Singabiz Ltd. offers services around Corporate Design and development of logos for companies and products.
9. Other Services
Singabiz Ltd. and Singabiz Network are constantly looking for additional services to be offered to its customers, which can be useful for a start into self-employment or when starting a company business, when expanding to new markets or if an optimisation of business processes is ongoing. The full range of currently offered services can be found in the services matrix as well as in price lists.
III. Conclusion of the Contract
III.1 The contract between the customer and Singabiz Ltd. or a partner/ partners of Singabiz network materialises when the customer sends in to Singabiz Ltd./ Singabiz network the completely filled in request form including all required forms, copies, documents etc. as well as fully pays the initial invoice(s) from Singabiz Ltd./ Singabiz network and/ or partners of Singabiz network.
III.2 By the signature of the order form the customer automatically and completely accepts the valid General Terms and Conditions of Singabiz Ltd. and Singabiz network.
IV. Payment for Requested Services
IV.1 After the reception, verification and processing of the customer’s order Singabiz Ltd., Singabiz network (on behalf of and for the account of its partners) or directly the affected partner(s) of Singabiz network issue(s) an invoice/ invoices to the customer. The issued invoice(s) is/ are the proof of acceptance of the customer’s order.
IV.2 If the customer orders recurring services, there is a security deposit invoiced with the first invoice for all requested recurring services.
IV.3 Before Singabiz Ltd. and partners of Singabiz network start providing the ordered services, the invoice(s) is/ are to be paid in full. A payment of a partial amount of the invoice provides no right to the customer to receive the requested services from Singabiz Ltd. or from partners of Singabiz network.
IV.4 The payments are to happen exclusively in Euro. Exceptions can be done only, if the invoicing happens from a local partner of Singabiz network to a local customer within the same country.
IV.5 If a payment happens as an international payment order, which can cause additional payment fees charged by the executing service provider, these additional fees are to be fully paid by the customer. A deduction of any money transfer fees from the invoiced amount is not accepted. If the booked amount is less than the invoiced amount due to the deduction of a full or partial money transfer fee or other related fees, such payment counts as a partial payment. The customer has to settle the difference as soon as possible on its own costs to become eligible for services from Singabiz Ltd. or partners of Singabiz network.
IV.6 Invoices for recurring services are issued and sent to the customer one month before the end of the current subscription period (since the beginning of the service provision).
IV.7 Invoices for recurring services are also to be fully paid by the customer until the date, mentioned in the invoice, but not later than the expected start date of the new period.
IV.8 If public or governmental funds are used for consultations and if deviating payment conditions are mentioned in the funding rules, in order to remain compliant with the funding rules the payment terms of the public or governmental funds prevail in such cases.
V. Services Provision, Liability
V.1 The services provision on the part of Singabiz Ltd. or partners of Singabiz network begins only after a full payment of the invoiced amount (payment receipt of the full amount on the bank account mentioned in the invoice).
V.2 Only requested services will be performed, even if Singabiz Ltd. or partners of Singabiz network offer further services in the particular country. If the customer wants to get additional services from Singabiz Ltd. or any partner of Singabiz network, these services are to be explicitly ordered and fully paid.
V.3 In case if during a service provision further documents will be required from the customer in order to be able to continue the service provision or if there any other obstacles, the customer is to be informed without delay. In such cases it is the customer’s obligation to provide the required documents to Singabiz Ltd. or the affected partner of Singabiz network as soon as possible. Any delays in service provision caused by this fact are not subject for any liability on the part of Singabiz Ltd. or any partners of Singabiz network.
V.4 In general, Singabiz Ltd. and partners of Singabiz network are liable only and exclusively in cases of gross negligence. Any other liability cases are invalid.
VI. Communication between Customers and Singabiz, Singabiz Network
1. Obligations to Inform on the Part of the Customer
VI.1.1 The customer has to provide Singabiz Ltd. and partners of Singabiz network with any information, documents or other records, which are required for service provision on the part of Singabiz Ltd. or partners of Singabiz network, without any delays.
VI.1.2 If there are any changes during the service provision, which might have an influence on the services provided by Singabiz Ltd. or partners of Singabiz network or even relevant in regards of the business relations between the customer and Singabiz Ltd. and/ or partners of Singabiz network (e.g. changes in the management of the customer’s company, office address changes, changes in the corporate purpose etc.), the customer has to inform all impacted parties (Singabiz Ltd., partners of Singabiz network) about such changes without any delay.
2. Obligations to Inform on the Part of Singabiz and Singabiz Network
Singabiz Ltd. and partners of Singabiz Network participating in activities around business consultations and / or assistance offers have to inform the customer about any circumstances, information and documents, which are relevant to the cooperation with the customer and which need to be known by the customer, as soon as Singabiz Ltd. and/ or affected partners of Singabiz network get informed about such circumstances, information and documents themselves.
VII. Payment Delays
VII.1 In case if the customer pays his/ her first invoice with a delay, the service provision by Singabiz Ltd. and/ or by the affected partner of Singabiz network start with a delay as well (starting only from the time point when the whole invoice is completely paid).
VII.2 If subsequent invoices are paid with a delay, the customer is automatically in default when the invoice remain open or partially open 30 days after the date of the invoice. In such cases Singabiz Ltd. and/ or affected partners of Singabiz network are entitled to charge the customer not only the full invoice amount, but also the reminder fees as well as the default interests.
VIII. Termination of the Contractual Relationship
1. Regular Termination, Timelines
VIII.1.1 If only non-recurrent services are requested and performed, the contractual relationship is terminated as soon as the ordered services are performed and paid completely. In such cases there is no need of any termination notice.
VIII.1.2 The recurrent services provided by Singabiz Ltd. and/ or by partners of Singabiz network can be regularly terminated by each involved party to the end of the agreed contract term. If the contract term is one year or more, the prenotification period is at least 3 months before the end of the contract term. For shorter contract terms the prenotification period is not less than two weeks before the end of the agreed contract term. The termination notice has to arrive at the other contract party before the end of the prenotification period.
VIII.1.3 If the contract about recurrent services is not proactively terminated by one of the involved parties within the defined prenotification period, then the contract automatically renews for another period identical to the initial contract duration.
VIII.1.4 If individual contracts agreed between the customer and the involved partner(s) of Singabiz network schedule different prenotification terms, these individually agreed terms and contracts prevail.
2. Termination with Immediate Effect
VIII.2.1 A termination with immediate effect can be initiated by a customer or by a partner of Singabiz network only, if this termination is caused by a gross negligence or by a gross breach of duty by Singabiz Ltd. or by a partner of Singabiz Ltd. If a customer terminates a contract with a partner of Singabiz network with immediate effect, this does not impact in any way contracts with other partners of Singabiz network or with Singabiz Ltd.
VIII.2.2 Singabiz Ltd. and/ or partners of Singabiz network are entitled to a termination with immediate effect in cases, when information or evidences about any participation of the customer in illegal activities are available or such activities, which can put in danger the reputation of Singabiz Ltd. or any partner of Singabiz network, or if the customer breaches his/ her cooperation obligations towards Singabiz Ltd. or towards partners of Singabiz network in a way, that a further collaboration between the customer and Singabiz Ltd./ partner of Singabiz network is not reasonable anymore.
3. Open Payment Claims
VIII.3.1 If the customer falls behind the payment term and if the invoice is not fully paid even after payment reminders, the contract with the customer can be terminated with immediate effect by Singabiz Ltd. or by the affected partner(s) of Singabiz network.
VIII.3.2 The termination of the contract with the customer due to default of open payments does not terminate any outstanding accounts. Open payments can still be pursuit by Singabiz Ltd. or by the affected partner(s) of Singabiz network.
IX. Data protection
With regards to the service provisioning based on the present T&C Singabiz Ltd. collects, saves and processes the data, provided by the customer. This happens within the obligations defined by law. Singabiz Ltd. does not communicate any personal data to third parties, unless it is obliged to do so by law, or if the customer explicitly permits the data submission, or if the third party is one of partners of Singabiz network, who is crucial for the service provisioning. In case a third party is mandated to process the data, the definitions of the federal data protection law are strictly met. The info provided by the customer within the ordering process is processed exclusively for the communication within the contractual fulfillment and only with the aim, to which the customer submitted his data. The payment data is provided to the bank, which has to complete the payment process. In case Singabiz Ltd. or partner of Singabiz network have to comply with the law regulating commercial or taxation topics, certain data can be stored for up to ten years. Based on the customer’s request the personal data can be deleted, corrected or locked according to the definitions of the law. A free-of-charge information about the customer’s data stored within Singabiz Ltd. can be provided to the customer. In case of questions and requests about a deletion, correction or lock of the personal data as well as collection, processing and usage of it the customer can contact the following address: Singabiz Ltd., Attn. Managing Director, Josef-Schappe-Str. 21, 40828 Ratingen, Tel.: +49 1803 858591-0, E-Mail: info at singabiz.com.
X. Severability Clause
X.1 Should one or multiple clauses of these General Terms and Conditions be or become invalid, this has no influence on other clauses of these General Terms and Conditions.
X.2 In such cases Singabiz Ltd. and Singabiz network will replace an invalid clause by a valid one, which most closely corresponds with the initial spirit and purpose of the invalid clause.
X.3 Existing customers and partners of Singabiz network will be informed in a timely manner about the change.
XI. Place of Jurisdiction, Dispute Settlement
Place of jurisdiction is Dusseldorf, Germany. Any disputes are regulated under the German law.
Version: 3.0
Stand: Januar 2020
