UNBLOCKING BANK ACCOUNTS
ACCOUNTING AND LEGAL SUPPORT OF BUSINESS
Has the bank or a payment system frozen your account because of FATF или GDPR?
The know-it-alls would say to you that a blocked bank account is no problem, because you can always unconditionally transfer your funds to any other bank.
However, the Alfa Defense experts would warn you about the banks’ blacklist. If you transfer your money to another bank without unfreezing your current account, your bank reports you to a country’s central national bank, which will in turn send that list to all other banks.
This means that your new bank would instantly deem you a high-risk client, and when it gets the money, it could:
• Freeze your account until you provide it with information and documents on all your suspicious activities and/or the source of your income in your previous account.
• Limit your use of Internet banking.
• Set a cap on your card transactions
• Request documentation for your every transaction
Do you want to earn dividend income and have a confirmation of your earnings? Do you want to be able to buy real estate in other countries, maybe get a residence permit and change your place of residence? Is CFC a good option?
Maybe you’re facing a hard choice of the best business structure and jurisdiction? A sole proprietor? LP? Limited? Inc? LLC?
1. GENERAL TERMS AND CONDITIONS
1.1. This User Agreement (hereinafter referred to as “Agreement”) applies to the Alfa Defense OÜ website located at https://alfadefense.com (hereinafter referred to as “Website”).
1.2. This website is the property of Alfa Defense OÜ, a private limited company, duly incorporated and organized under the laws of Estonia, with its registered address in Estonia at Maakri tn 19/1, Tallinn (10145), registration number: 16252353 (hereinafter referred to as “Alfa Defense”).
1.3. This Agreement regulates the relationship between the Website Administration and the Website User.
1.4. The Website Administration reserves a right to change, add or remove the articles of this User Agreement without giving notice to the Website User.
1.5. By using the Website, the Website User agrees to this User Agreement and any changes in it.
1.6. The Website User is personally responsible for checking this Agreement for changes.
2. DEFINITIONS FOR TERMS
2.1. The terms listed below have the following meaning in this Agreement:
2.1.1 Alfa Defense is a legal service with the https://alfadefense.com domain name that carries out its activities with the help of an Internet resource and related services.
2.1.2. The Website is the website that contains information about Services and or/ other things of value, as well as about the Service Provider for the Website User and allows to choose and order and (or) buy or to obtain a Service.
2.1.3. The Website Administration is the persons who are in charge of the website management.
2.1.4. The Website User (hereinafter referred to as “User”) is a person who accesses the Website with the help of the Internet and uses the Website.
2.1.5. The Website Content (hereinafter referred to as “Content”) is protected intellectual property, including the texts of literary works and their titles, prefaces, and forewords, annotations, articles, illustrations, covers, pieces of music with or without text; graphic, text, photo, derivative, compiled and other works; user interfaces, visual interfaces, names of trademarks, logos, software, databases, as well as design, structure, choice, coordination, appearance, style and location of this Content which is a part of the Website and other intellectual property items, individually or collectively contained on https://alfadefense.com.
3. SUBJECT OF THE AGREEMENT
3.1. Provision of access to the Services provided on this Website is subject to this Agreement.
3.2. The Website provides the User access to the information about obtaining Legal Services for a fee/for free.
3.3. All existing (currently available) services of the Website and any associated variants that will be introduced later, as well as any other new additional services, are subjects to this Agreement.
3.4. Access to the Website is free.
3.5. This Agreement constitutes a public offer. The User is considered to be a party to this Agreement after he or she accesses the Website.
3.6. The use of materials and Services of the Website is governed by the laws of Estonia.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Website Administration reserves the rights to:
4.2. The User reserves the rights to:
4.2.1. Use all the services provided on the Website, as well as to buy any Services provided on the Website.
4.2.2. Ask questions about the services provided on the Website using a feedback form that is located on the Website.
4.2.3. Use the Website only for the purposes that are established by this Agreement and not forbidden by the applicable legislation and strictly in accordance with the procedures established by this Agreement and not forbidden by the laws of Estonia.
4.3. The User is obliged to:
4.3.1. Provide information that is directly relevant to the services provided on this Website at the request of the Website Administration.
4.3.2. Respect property and non-property rights of the authors and other rightsholders when using the Website.
4.3.3. Not to take any actions that can be considered as disruption of correct operation of the Website.
4.3.4. Not to spread any information about natural and legal persons that is private or protected by the applicable legislation with the help of this Website.
4.3.5. Avoid taking any actions that can result in a violation of the privacy of the information protected by Estonian legislation.
4.3.6. Not to use this Website to spread any advertising information without the consent from the Website Administration.
4.3.7. Not to use the services to:
184.108.40.206. violate the rights of minors and/or to cause harm to minors in any way.
220.127.116.11. infringe on the rights of minorities.
18.104.22.168. represent oneself as another person or a representative of an organisation and (or) community without legal basis, as well as to represent oneself as a Website employee without legal basis.
22.214.171.124. misinform about the properties and characteristics of any Service provided on the Website.
126.96.36.199. inappropriately compare Services with anything else, as well as to create negative perception towards those who (don’t) use specific Services or to condemn those who (don’t) use specific Service.
4.3.8. Provide accurate information.
4.3.9. Ensure the protection of personal data from third parties.
4.4. The User must not:
4.4.1. Use any devices, programs, procedures, algorithms and methods, automatic devices, and manual processes to access, obtain, copy, or track the content of the Website.
4.4.2. Disrupt the Website from operating correctly.
4.4.3. Evade the navigation structure of the Website in any way to obtain or to try to obtain any information, documents, and materials in any ways that aren’t provided by the services of this Website.
4.4.4. Gain unauthorized access to the functions of the Website, any other systems or networks related to this Website, as well as to any services provided on this Website.
4.4.5. Disrupt the safety or authentication systems of this Website or any other network related to this Website.
4.4.6. Do a reverse search, track, or try to track any information about any other User.
4.4.7. Use the Website and its Content for any purposes forbidden by the applicable legislation, as well as incite illegal actions or any other actions that violate the rights of the Website or other persons.
5. THE USE OF THE WEBSITE
5.1. The Website and the Content which is a part of the Website are owned and managed by the Website Administration.
5.2. The Content is protected by copyright, trademark legislation, and other rights, related to intellectual property, as well as by unfair competition law.
5.3. All additional terms and conditions regarding the provision of Services provided on the Website are also subject to this Agreement.
5.4. Information published on the Website shouldn’t be considered as changes in this Agreement.
5.5. The Website Administration reserves the right to change the list of Services provided on the Website and (or) their prices without giving notice to the User.
5.6. The use of this Website by the User is subject to the document specified in article 5.7.1. of this Agreement which is also valid as a standalone article.
5.8. Any of the documents listed in article 5.7.1. of this Agreement can be updated. The changes take effect once they are published on the Website.
6.1. The Website Administration doesn’t compensate for any losses that the User can suffer as a result of intentional or unintentional violation of any of the terms of this Agreement, as well as a result of unauthorised access to the communications of other User.
6.2. The Website Administration isn’t responsible for:
6.2.1. Delays and failures that occur in the process of performance of an operation because of force majeure circumstances or any other failures of telecommunication, computer, electrical, and any other related systems.
6.2.2. Actions of funds transfer systems, banks, payment systems, and delays related to their operation.
6.2.3. Proper functioning of the Website if the User doesn’t have the necessary technical facilities for using it, also, the Website Administration isn’t responsible for the provision of users with these technical facilities.
7. VIOLATION OF THE USER AGREEMENT
7.1. The Website Administration reserves the right to disclose information about the User if the current Estonian legislation requires or permits such disclosure.
8. DISPUTE SETTLEMENT
8.1. In the event of any disputes between the Parties to this Agreement, any of the Parties have the right to seek legal redress for violation of the rights provided by the current legislation of Estonia.
8.3.The legal relationship arising from this contract shall be governed by the national laws of Estonia. The parties shall attempt to settle any disputes by means of negotiations. If the parties fail to reach an agreement, the disputes shall be settled at Harju County Court.
9. ADDITIONAL TERMS AND CONDITIONS
9.1. The Website Administration doesn’t accept any counter-proposals of the User for making changes to this Agreement.
9.2. The reviews of the User published on the Website aren’t considered to be private information and can be used by the Website Administration without any restrictions.
Effective from: 22.06.2021
1. General provisions
Law firm Alfa Defense OÜ (hereinafter: "Operator" or "we" in any form) gives highest priority to the protection of your personal data not only due to our professional duty of confidentiality. At processing your personal data we therefore observe all data protection regulations, including the provisions of the EU General Data Protection Regulation (hereinafter: "GDPR"). This policy (hereinafter “Policy”) specifies which of your personal data will be processed, disclose the purposes for processing your data and how you can exercise your rights under the GDPR.
This personal data processing policy is formulated in accordance with the requirements of Estonian law and and determines the procedure for personal data processing and measures to ensure the security of personal data by the Operator.
1.1. The Operator sets as their major objectives and conditions for the implementation of its activities the respect for the human, civil rights, and freedoms in the personal data processing, including the respect for privacy rights, personal and family secrets.
1.2. This Operator's policy applies to all information that the Operator can obtain about the visitors of https://alfadefense.com website.
2. Personal data and data processing purposes
2.1. We process your personal data to provide and preform legal services, thus based on the contractual relationship between us;
2.2. We process your personal data for the purpose of sending you newsletters information about our current Legal Services only with your consent, which you can revoke at any time; or if our legitimate intererst on providing of information, required for the succesfull cooperation with you, occures;
2.3. We process your contact details (your login, email address) to optimise our contact management. You are entitled to object to any further processing of your data at any time;
2.4.Furthermore, we process your personal data in reliance on any other legal basis in accordance with GDPR and in compliance with data protection and Estonian civil law provisions. We process only personal data, which is necessary in order to carry out and execute our Legal Services, or data which you have provided to us on a voluntary basis;
2.5. Personal data means any information containing details of personal or material circumstances such as name, address, e-mail address, phone number, date of birth, age, sex, social security number, video recordings, photos, voice recordings of individuals, and biometric data such as fingerprints. Personal data can also include special categories of data such as health data or data relating to criminal proceedings;
3. Your rights in connection with your personal data
3.1. As our client or as a data subject you have at all times – however, limited by our duty of professional secrecy as attorneys at law – a right to access your personal data stored, a right to obtain information about the origin and recipients of your personal data as well as the purpose of data processing, a right to rectification, a right to data portability, a right to object, a right to restriction of processing as well as a right to request that data which is inaccurate and/or unlawfully processed is made unavailable or erased;
3.2. You have the right to object to the processing of your personal data if we have a legitimate interest in such data processing. In certain cases, you also have the right to receive your personal data processed by us in a machine-readable format of our choice, or to instruct us to transmit such data directly to a third party of your choice;
3.3. We kindly ask you to notify us of any change in your personal data;
3.4. You may revoke your consent to use your personal data at any time;
3.5. You may send your request for access, erasure, rectification, objection and/or data portability, provided the latter request does not involve disproportionate efforts, to the address referred below;
3.6. Despite our best efforts to guarantee the protection and integrity of your data, we cannot fully rule out that disagreements will arise on the nature of the use of your data. If you consider that we are unlawfully using your data, you may lodge a complaint with the State Data Protection Inspectorate of the Republic of Estonia.
4. Website, Cookies, newsletter.
4.1. You may use our website and access its public content generally without having to disclose your personal data. This website uses Google Analytics, a web analytics service provided by Google, Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. We process your data on the basis of our prevailing legitimate interest to cost-efficiently generate easy to use website access statistics (Article 6(1)(f) GDPR).
4.2. The information generated by the cookie about your use of the website (including your IP address and the URLs of the accessed pages) will be transmitted to and stored by Google on servers in the United States. We do not store any of your personal data collected in connection with Google Analytics.
4.3. This website uses an IP anonymization feature provided by Google Analytics. Your IP address will therefore be truncated/anonymized by Google as soon as it receives it. On our behalf, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to us. Google will not associate your IP address with any other data held by Google.
4.6. We also collect your personal data, if you disclose such data voluntarily or explicitly when you visit our website in connection with using the services offered on the website (e.g. newsletter).
5. Data security.
5.1. We have taken appropriate organisational and technical measures to ensure the protection of your personal data in particular against unauthorised, unlawful or accidental access, processing, loss, use and tampering. In spite of our efforts of ensuring an appropriately high standard of diligence requirements at all times, it cannot be ruled out that information you have provided via the internet will be accessed or used by other persons. Please note that we can therefore not assume any liability whatsoever for the disclosure of information due to errors in the data transfer and/or unauthorised access by third parties not caused by us (e.g. hacking of e-mail accounts, telephone or messages).
6. Use of data.
6.1. When concluding a contractual relationship with us, you will disclose your (or your relatives', co-workers' or other third parties') personal data and business or trade secrets. In all these cases, we generally as sume that you are authorised to disclose this data. We use your data and data of third parties nominated by you, only to the extent this is necessary for the proper establishment and processing of our mandate or contractual relationship with you. We will not process data made available for purposes other than those covered by your consent or otherwise by a provision in accordance with GDPR, except for the use for statistical purposes, provided that data made available was anonymised.
7. Transfer of data to third parties.
7.1. To perform our services we may have to transfer your data to third parties (e.g. opposing party, substitutes, insurance companies, service providers we are using and to whom we provide data, etc.), courts or authorities. Your data will be transferred solely on the basis of the General Data Protection Regulation, especially to perform our services or based on your prior consent.
7.2. Please be informed that in the context of providing our legal services, we regularly obtain from third parties information about you related to particular facts or cases.
7.3. Some of the above recipients of your personal data are located, or process your personal data, outside the country you reside in. The level of data protection in other countries may not be the same as in Estonia. However, we will transfer your personal data only to countries in respect of which the EU Commission has decided that they have an appropriate level of data protection, or we will take measures to ensure that all recipients have an appropriate level of data protection.
8. Notification of data incidents.
8.1. We aim to ensure that data incidents are detected at an early stage and immediately reported to you or to the competent supervisory authority , including the respective data categories concerned.
9. Storage of data.
9.1. We will store data no longer than is necessary to fulfil our contractual or legal obligations and to defend liability claims, if any.
10.2. A cookie is a small text file which we transfer via our web server to the cookie file of the browser on the hard drive of your computer. This allows our website to recognise you as a user when our web server is connected with your browser. Cookies help us establish the frequency of use and the number of users of our website. Our cookies only contain an identification number which does not allow identifying individual users. The main purpose of a cookie is to recognise the visitors of our website.
10.3. This website uses two types of cookies:
Session cookies: These are temporary cookies that stay in the cookie file of your browser until you leave our website and are automatically deleted after your visit.
Persistent cookies: To enhance the use of our website cookies remain stored on your terminal device and allow us recognising your browser upon your return.
10.6. You can choose a browser setting that informs you of the placement of cookies and allows you to accept cookies only in individual cases, to refuse the acceptance of cookies in certain cases or in general and to activate the automatic deletion of cookies when you close your browser. Disabling cookies may limit the ability to use this website.
11.1. For optimised system performance, user friendliness and the provision of useful information on our services, the website provider automatically collects and stores so called server log files, which your browser automatically transmits to us. This information includes your IP address, browser and language settings, operating system, referrer URL, your internet service provider, and the date/time of your visit. This data is not pooled with sources of personal data. We reserve the right to examine this data later on if there is solid evidence, which suggests unlawful use.
12. Legal basis.
12.1. Client-Alfa Defense OÜ relationship.
Our professionalism as a law firm requires us to represent your interests zealously, faithfully and conscientiously. We are therefore legally required in our clients’ interest to collect any personal data about our clients needed for conscientious representation of our clients. Furthermore, we process your personal information based on the engagement contract, your consent or any other purposes covered by data protection laws. We use your personal data for statistical purpose only when anonymised.
All personal data collected via our website are voluntarily provided by you. You thereby express your consent to the processing of such data.
If you have contacted us, we will be in possession of your contact details. It is in our legitimate interest to process your contact details. However, you may certainly object at any time to any further processing of your data for the optimisation of our contact management.
13. Contact details
Controller of all your personal data is Alfa Defense OÜ, with its registered address in Estonia at Maakri tn 19/1, Tallinn (10145), commercial register number: 16252353. All questions or notice of withdrawal, please send to [email protected].
Effective from: 22.06.2021
This Agreement for the provision of legal services is an integral part of the contract with client (Contract with Client) entered into by and between Alfa Defense OÜ (Firm) and client (Client) and apply to the provision of legal services by the Firm, unless agreed otherwise. In the event of differences between the General Terms and Conditions and the Contract with Client, the Contract with Client shall prevail.
1. Terms and conditions for providing legal services by the Firm
1.1. The Firm shall provide the Client with legal services consisting of professional legal counselling, representation or defence of the person in court, during pre-trial procedure or elsewhere, and preparation of documents for the person and performing other legal acts in the interests of the person.
1.2. In performing the Contract for Legal Services and the assignments, in applying his or her experience and in finding solutions the attorney shall be guided by the objective to ensure the maximum legal protection of the Client’s interests, including to create legal certainty and clarity, and shall be guided by law and professional ethics.
1.3. The intellectual property rights created within the framework of legal services provided by the Firm belong to the Firm and the Firm shall grant the Client a non-exclusive licence for the use of the created documents worldwide in a manner necessary for the Client.
1.4. The Firm shall ensure the quality of the legal service provided to the Client and shall be liable for the direct patrimonial damage caused to the Client through intent or gross negligence during the performance of the Contract for Legal Services.
1.5. The Firm shall apply due diligence measures with regard to the Client, its representatives, actual beneficiaries, transactions and business partners to the extent established in the Estonian Money Laundering and Terrorist Financing Prevention Act.
2.1. The authorisation and liability to act on behalf of the Client shall come into force at the moment of conclusion of the Contract for Legal Services. The Contract for Legal Services is deemed concluded if it has been signed or if the intent of the parties has been explicitly expressed in a format which can be reproduced in writing or by actions.
2.2. In order to replace the attorney performing the assignment, the Firm shall appoint one of its attorneys as a substitute attorney. The Client is entitled to demand replacement of the substitute attorney.
2.3. The assistants to the attorney-at-law act under the guidance of their patron.
2.4. The Firm and the attorney shall not conclude transactions on behalf of and on the account of themselves in the interests of or based on the assignment of the Client, if the purpose thereof is to conceal the actual beneficiary owner, circumvent any supervision, tax, reporting and other obligations, or any other purpose contrary to the law.
2.6. The Firm shall identify the Client at the first meeting.
3. Fees and costs
3.1. The principles for calculation and the amount of the fees for legal services are indicated in the Contract for Legal Services either as an hourly fee, a fixed fee (so-called assignment fee) or a combination of the assignment fee and the performance fee.
3.2. The agreed hourly rate shall be valid for one (1) year, after that the parties shall, in good faith, agree upon a new hourly rate.
3.3. The hourly rate for the work performed, at the request of the Client, outside the usual working hours shall be multiplied by the coefficient of 1.5 and the hourly rate for the services necessary for the performance of the Client’s assignment to be performed by the technical staff of the Firm (e.g. delivery of documents, examining documents in administrative agencies, etc.) shall be multiplied by the coefficient of 0.6.
3.4. The Firm shall keep account of the time spent on the performance of the Client’s assignment. The smallest unit of time used for the accounting is five (5) minutes and the time spent on activities is rounded up with the accuracy of five (5) minutes.
3.5. The Client shall reimburse the Firm for the justified and necessary expenses relating to the performance of the assignment. The expenses to be reimbursed include e.g. state fees, translation costs, expert fees, reasonable necessary travel expenses (plane tickets, ferry tickets, hotel accommodation, etc.), necessary courier and communication costs, cost of making unusually high number of copies, binding, etc. At the request of the Client, the Firm shall add the relevant expense receipts (invoices, receipts, boarding passes, etc.) to the invoice for the legal services.
3.6. As a rule, the Firm shall submit the invoice for the legal services provided and the expenses incurred during the previous month at the beginning of the next month. The maturity of the invoice is 10 days, unless otherwise agreed by the parties. At the request of the Client, the Firm shall supplement the invoice with a report on provided legal services.
3.7. In the event of delay in payment, the Firm is entitled to demand payment of fine for delay of 0.25% of the unpaid amount for each delayed day, to discontinue performance of the obligations assumed under the Contract for Legal Services and to disclose the information concerning the Client and the Client’s debt (including the Client’s name and surname, personal identification code, debt amount, time of the occurrence of delay) in the debtors’ database maintained by the Estonian Bar Association that is available to its members, as well as in other debtors’ databases.
4.1. The confidentiality of the communication with the Client at the place of business of the Firm is ensured by law and the Firm shall maintain the confidentiality of the fact of applying for legal services, the content of legal assistance and the amount of the fees.
4.2. The confidentiality obligation shall not be limited in time and shall apply to all the employees of the Firm. The Firm shall duly observe the requirements of the professional ethics of attorneys.
4.3. The confidentiality obligation shall not extend to the Firm only in the event of a direct obligation arising from the law (including the Money Laundering and Terrorist Financing Prevention Act) to disclose information, or if the consent to disclose the information arises from any authorisation or assignment of the Client.
4.4. The Firm shall make reasonable efforts to ensure confidentiality of any communication performed by means of electronic devices, but the Client is aware that it is impossible to guarantee full confidentiality in case of such communication.
5. Documents and other information
5.1. The Firm has no obligation to verify the accuracy of information received from the Client.
5.2. The Firm shall, during the performance of the assignment, maintain all documents related to the performance of the assignment that are received from the Client or third parties.
5.3. The Firm is entitled not to maintain documents in paper form if there is an electronic copy thereof (except for original documents). The firm shall not maintain any printouts of electronic correspondence and electronic documents publicly available on the Internet.
5.4. The Firm is entitled to withhold the documents of the Client until the fees for the legal service and the costs related to the provision of service have been reimbursed.
5.5. After the termination of the assignment or the Contract for Legal Services, the Client is obligated to collect, on its own account, from the Firm the documents received for performance of the assignment from the Client or third parties.
5.6. After the termination of the assignment, the Firm shall keep the documents received for six (6) months, unless agreed otherwise.
5.7. After the expiry of six (6) months, the Firm is entitled to destroy the documents or store them in the archive and to demand the reimbursement of the relevant expenses from the Client.
6. Validity and termination
6.1. The Firm is entitled to amend these present General Terms and Conditions at any time by informing thereof on its homepage. The most recent version of these Terms and Conditions is always available at https://alfadefense.com.
6.2. Upon the termination of the Contract for Legal Services, the Firm shall reasonably consider the objective to avoid damaging the interests of the Client.
6.3. The Client may terminate the Contract for Legal Services at any time by informing the Firm thereof.
6.4. The Firm may waive the obligations assumed under the Contract for Legal Services or terminate the Contract for Legal Services, including without disclosing the reasons therefor, if:
a) there occurs a conflict of interest; or
b) the Client has submitted a request, the fulfilment of which requires the attorney to violate the law or the requirements of professional ethics; or
c) the Client has violated a material provision of the Contract for Legal Services; or
d) the Client fails to submit information or documents that are necessary for the Firm or the attorneys for the application of the due diligence measures; or
e) at any time during the provision of legal services, there occurs a circumstance that suggests that the person, act or business relationship is connected with money laundering or financing of terrorism, or that the Client, its representative or its actual beneficiary is subject to a sanction, or if so required by the supervisory authority related to the prevention of money laundering and terrorism financing.
6.5. The legal relationship arising from this contract shall be governed by the national laws of Estonia. The parties shall attempt to settle any disputes by means of negotiations. If the parties fail to reach an agreement, the disputes shall be settled at Harju County Court.
Effective from: 22.06.2021