General Terms and Conditions (GTC)
1. Scope and Contracting Party
(1) These General Terms and Conditions ("GTC") govern all business relationships between Biz Advisory LLC ("bizkonto") and its clients in connection with the use of the website www.bizkonto.de and the services offered.
(2) The contracting party is:
Biz Advisory LLC16192 Coastal Hwy.
Lewes, DE 19958
USA
(3) The offer is directed exclusively at entrepreneurs acting in a commercial or independent professional capacity, legal entities, and commercially active persons. Consumers are excluded from use.
(4) By entering into a contract, the client confirms that they are acting in the exercise of their commercial or independent professional activity.
(5) Conflicting or deviating terms of the client shall not apply unless bizkonto expressly agrees to their validity in text form.
2. Subject of Contract
(1) bizkonto exclusively provides administrative, organizational, and technical support services in connection with the preparation, structuring, and submission of documents for opening business accounts with banks and e-money institutions.
(2) The services include in particular:
- Structured preparation and compilation of documents
- Formal review for completeness and plausibility
- Coordination of the submission process
- Technical support for upload and verification processes
(3) bizkonto does not at any time act as a broker, agent, vicarious agent, or contractual partner of a financial institution.
(4) The services expressly do not constitute a financial service, investment advice, legal advice, or tax advice.
(5) bizkonto does not review the legal, tax, or economic suitability of any financial institution or product.
(6) bizkonto does not guarantee any specific outcome, in particular not the opening of an account or acceptance of an application.
(7) The subject of the contract is exclusively the provision of the described services, not a specific result.
3. Role and Scope of Responsibility
(1) bizkonto acts exclusively as a technical and administrative service provider.
(2) No recommendation or evaluation of financial institutions or their services is provided.
(3) The selection of the financial institution is made exclusively and independently by the client.
(4) All decisions regarding acceptance, rejection, review, or terms are made exclusively by the respective financial institution.
(5) bizkonto has no influence on these decisions, processing times, or internal processes.
(6) bizkonto assumes no responsibility for economic, legal, or tax consequences of account opening or rejection.
4. Conclusion of Contract
(1) A contract is concluded by:
- Express acceptance of the engagement by bizkonto, or
- Commencement of service delivery by bizkonto
(2) bizkonto is entitled to decline orders at any time without stating reasons.
(3) The contract may also be concluded electronically.
(4) Service delivery is subject to full receipt of payment as per Section 8.
5. Client Cooperation Obligations
(1) The client is obligated to provide all information necessary for execution completely, truthfully, and up to date.
(2) The client actively participates in all necessary measures, particularly identity checks, KYC, and verification processes.
(3) The client bears sole responsibility for the accuracy, completeness, and legal permissibility of the data submitted.
(4) Delays or disadvantages resulting from incomplete, incorrect, or late information are borne exclusively by the client.
(5) The client ensures that no statutory provisions are violated, particularly no anti-money laundering or sanctions regulations.
(6) bizkonto is entitled to suspend or terminate services if the client fails to meet cooperation obligations.
6. Processing and Disclosure of Documents
(1) bizkonto is authorized to process, structure, and forward documents provided by the client to financial institutions.
(2) Disclosure is exclusively purpose-bound within the scope of the respective application.
(3) Financial institutions process data independently and at their own responsibility.
(4) bizkonto assumes no responsibility for data processing by third parties.
7. Technical Implementation and Access
(1) Where necessary, bizkonto may obtain access to technical systems or platforms.
(2) Access is exclusively purpose-bound and limited to what is necessary.
(3) The client is obligated to change all access credentials immediately after completion of the process.
(4) bizkonto assumes no liability for security risks outside its sphere of influence.
8. Fees and Payment Terms
(1) A flat service fee is charged for the services.
(2) The amount of the fee is communicated bindingly before the contract is concluded.
(3) The service fee is to be paid in full in advance. Service delivery begins only upon full receipt of payment.
(4) The fee is owed regardless of the success of the service.
(5) Services already rendered are non-refundable.
(6) Fees, charges, or costs from financial institutions are not part of the services and are borne directly by the client.
(7) bizkonto is entitled to withhold services until full payment is received.
9. Second Submission Upon Rejection
(1) If an application is rejected, bizkonto will support one re-submission free of charge.
(2) Prerequisites:
- Unchanged source data
- No new relevant circumstances
- Execution within 30 days
(3) There is no entitlement to successful account opening.
(4) There is no entitlement to further submissions or corrections.
10. Liability
(1) bizkonto is liable without limitation in cases of intent and gross negligence.
(2) In cases of slight negligence, bizkonto is only liable for breach of material contractual obligations and limited to foreseeable, contract-typical damages.
(3) Liability for indirect damages, lost profits, data loss, or consequential damages is excluded to the extent permitted by law.
(4) bizkonto is not liable for:
- Decisions of financial institutions
- Processing times
- Rejections or restrictions
- Terms or fees of financial institutions
(5) Liability limitations do not apply to injury to life, body, or health.
11. Use of External Service Providers
(1) bizkonto is entitled to engage external service providers for service delivery.
(2) bizkonto is liable exclusively for the careful selection and supervision of these providers.
(3) Liability for independent services of third parties is excluded to the extent permitted by law.
12. Website Availability
bizkonto does not guarantee uninterrupted availability of the website, particularly during maintenance, technical disruptions, or force majeure.
13. Force Majeure
bizkonto is not liable for delays or service interruptions due to events beyond its control, particularly government measures, sanctions, failures of financial systems, or comparable events.
14. Compliance and Rejection of Orders
bizkonto is entitled to reject, suspend, or terminate orders if:
- There is suspicion of money laundering
- Sanctions provisions are affected
- Incomplete or contradictory information is provided
- Legal or regulatory risks exist
15. Intellectual Property
All content on the website is protected by copyright. Use outside the contractually intended purposes is not permitted.
16. Data Protection
The processing of personal data is carried out in accordance with the Privacy Policy.
17. Applicable Law
(1) The law of the State of Delaware, USA applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) Mandatory statutory provisions of the state in which the client is domiciled remain unaffected.
18. Jurisdiction
(1) The place of jurisdiction is, to the extent legally permissible, Lewes, Delaware, USA.
(2) bizkonto is also entitled to assert claims at the client's domicile.
19. Termination
(1) Both parties may terminate the contract for good cause.
(2) Services already rendered remain subject to payment.
(3) Good cause exists in particular in the event of violations of cooperation obligations or statutory provisions.
20. Final Provisions
(1) Amendments and supplements require text form.
(2) Should any provision be wholly or partly invalid, a provision shall be deemed agreed that most closely approximates the economic purpose.
(3) The invalidity of individual provisions does not affect the validity of the remaining provisions.