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Draft Online & Offline Agreement - Diaz Flores - 2022 (VF)
Draft Online & Offline Agreement - Diaz Flores - 2022 (VF)
Party A – (PROVIDER)
OWNER NAME Mr. JORGE DIAZ FLORES
AND
REGISTERED NAME
REPRESENTED BY
POSITION
PASSPORT Nº.
PLACE OF ISSUE
PERMANENT ADDRESS
WHEREAS, both Parties have agreed and have concluded the following terms and conditions:
1.1 With the mutual agreement of the respective authorized persons, both Parties have agreed to render mutual service, to
exchange information, make mutual payments, Provide and utilize a CASH ONLINE DOWNLOAD TRANSFER, to participate in
reciprocal projects and other kinds of cooperation on a commercial basis.
1.2 Both Parties carry out joint activity in sphere of financial investment and the Trading platform of commodities worldwide.
1. 3. Both Parties can delegate to each other the right to represent the commercial interests in all the above-mentioned types
of operations to foreign legal and physical persons’ subject to prior written authorization of the other Party.
1.4. Both Parties can render each other any financial, technical and organizational help on Submitted conditions.
(a) Party A- (PROVIDER) will be known and called the “Provider” and beneficiary of a 50 % (FIFTY PERCENT) share of the
cash transfer.
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February 26th 2022
(b) Party B- (RECEIVER) will be known and called “Receiver”, shareholder beneficiary of a 50 % (FIFTY PERCENT)
share of the cash transfer.
1.5 Party A- (PROVIDER) will issue Server Cash Transfers in tranches from their bank,
The total Transfers contract value shall be €7,600,000,000.00 EURO (SEVEN BILLION SIX HUNDRED MILLION EURO) With R&E
where first tranche will be €100,000,00 (ONE hundred thousand EURO) WITH DAILY TRANCHES FOR THE FIRST THREE (3)
DAYS UP TO TRANCH LIST.
The First Tranche IN THE AMOUNT OF €100,000,00 (ONE Hundred thousand EURO) and following DAILY TRANCHES UP TO
TRANCH LIST, shall be downloaded to by Party B-(RECEIVER) to Party B’s designated bank account as specified herein.
Party A- (PROVIDER) confirms and is fully guaranteed that the funds are good, clean, non-criminal origin and able to use for
payment and investment and ready to be downloaded by RECEIVER’S BANK.
Both Parties agree and understand that the purpose of the FUNDS TRANSFER is for the purposes of further investment and
humanitarian projects for both parties.
Party B-(RECEIVER) agrees and confirms to pay/transfer/distribute from the face value (net taxes, charges, etc) as Item
below FOR CONSULTANT FEES for every tranche for the full MT-103/202 CASH FUNDS TRANSFER.
TRANSFER CONTRACT TOTAL AMOUNT OF €7,600,000,000,00- (SEVEN BILLION SIX HUNDRED MILLION EURO) WITH R&E where
first tranche will be €100,000,00 ( ONE Hundred thousand EUROS) WITH DAILY TRANCHES FOR THE FIRST ONE (1) BANKING
DAYS UP TO MAXIMUM PER DAY TRENCHES FIVE HUNDRED MILLION (€500,000,000.00-EURO)
The CONSULTANTS shall provide their nominated accounts herein (see FPA) enclosed.
2.1. Strictly to observe conditions of this contract, agreements, reports and additions to them;
2.2 To give each other the necessary information on the course of realization of Separate kinds of joint activity and on
conditions of its completeness.
2.3. To inform each other once per month on all receipts of the money resources connected to performance of the present
Contract and appendices to it;
2.4. Rights and obligations of the Parties by each kind of activity are defined in Corresponding Agreements.
2.5. The Present Contracts cannot be an obstacle for performance by the Parties of the obligations to the third persons.
3. Conditions of confidentiality:
3.1. Any information transmitted by one Party to other Party during action of the present Contract, the data of the goods, the
prices, and offers, including conditions of the present Contract, which disclosure can incur losses of any of the Parties, is
confidential and is not subject to disclosure to the third persons, except for the cases stipulated by the current legislation.
3.2. Any other information, offers or ideas should not be considered as confidential, except for cases when it is specially
stipulated in the additional agreement signed by representatives of the Parties.
3.3. There will be NO contact with the Bank, no facsimile, no letter, no e-mail, no telex, no telephone calls, no visits and no
swifts. All communications will take on the screen only, with exception when need to verify transaction is genuine. That
is Party B can contact their bank officer(s) to verify transaction is genuine prior to log in.
4.2. All other disputes between the Parties are considered according to the current Legislation of International chamber of
commerce ICC.
5. Special conditions:
5.1. Party (B) realizes, understands and undertakes with full private and corporate responsibility under penalty and perjury the
responsibilities on funds after successful and irrevocable download and remittance terms and conditions i.e. remittance
schedule and timeline. Party (B) confirms that such possibility is enforced in accordance of agreement (written or verbal)
with Monetary Authority or Central bank whichever is higher financial institution in receiver’s bank’s residing country.
5.2. In case of successful and irrevocable DOWNLOAD of the funds done and Sender’s net payment of 35% (THIRTY FIVE
PERCENT) is delayed, Party (B) undertakes full responsibility to cover interests generated over suspense of Provider’s
funds on a daily basis which will be in accordance of international norms and regulations.
Part (B) undertakes full private and corporate responsibility under penalty and perjury that he is fully authorized to
DOWNLOAD the cash funds including authorizations from FED and the Bank and any other relevant entities and/or
authorities. There is no bank to bank call authorized for this transaction.
5.3. The Parties by the contract are relieved from their responsibility if performance of Obligations appropriate to them were
prevented by force major circumstances, namely: acts of nature, military actions, changes in the current legislation, etc.
5.4. About approach of such circumstances, prospective term of their action and the termination of their action, the Party for
which they have aroused, should immediately inform other party.
5.6. Notwithstanding the terms, and conditions in this transaction the parties irrevocably agrees with the rules and regulations
of the I.C.C. NCND (Non-Circumvention Non-Disclosure) and that the facilitators , intermediaries , representatives, agents
and assigns including beneficiaries in the IMFPA are in no way shape or form responsible in the veracity, validity and
authenticity of the proof of funds, tear sheet, the authorization online procedures, the transaction, except to the strict
adherence to the NCND IMFPA agreement. The responsibilities lay solely, categorically, and absolutely with the
Principals, the Provider of the funds/ Provider bank and the Receiver/ Receiver bank now, forever and in the future.
6.2. Payments between the Parties are made in a Swift MODE transfer to the designated bank account(s).
6.3. Distribution of the profit shall be made by Party B (Receiver) depending on participation of the Parties or by the
arrangement on the basis of Appendices or Reports being an integral part of the present to the Contract.
7.1. The Contract shall be effective from the date and time of its signing by both parties.
7.3. This Contract will be terminated in event of either Party failure to perform their Contract obligations.
8. SEQUENCE OF EVENTS/ STEP BY STEP TRANSACTIONAL PROCEDURES
A. FIRST PARTY EXECUTE, SIGN AND SEAL THIS DEED OF AGREEMENT WITH DISTRIBUTION COMMISSIONS,
WHICH THEREBY AUTOMATICALLY BECOMES A FULL COMMERCIAL RECOURSE CONTRACT.
B. FIRST PARTY WILL GIVE TO SECOND PARTY ALL THE ABOVE/BELOW DETAILS AND DOCUMENTS
C. FIRST PARTY PROVIDES FINAL TRANSACTION CODE TO SECOND PARTY FOR THE FIRST TRANCHE TEST
FOLLOWED BY A SECOND INSTANT TRANCHE OF 5,000,000,00 € IF THE POINT D IS RESPECTED
D. SECOND PARTY FINISHES DOWNLOAD FROM SCREEN AND PROVIDES SCREENSHOT, VIDEO AND TICKETS.
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E. FIRST PARTY PROVIDE FINAL TRANSACTION APPROVAL CODE TO SECOND PARTY FOR THE SECOND
TRANCHE.
F. SECOND PARTY PAYS SENDER’S PAYMASTER AND CONSULTANT FEES IMMEDIATELY WITH WIRE TRANSFER
RECEIPT TO CONSULTANTS.
G. SECOND PARTY COUNTERSIGN THIS AGREEMENT AND FOLLOW THE SAME PROCEDURE UNTIL THE
MAXIMUM CAPACITY OF IT’S RECEPTION
8.1 Provider’s shares of (50%) FIFTY PERCENT to designated by him in written Disbursement instructions banking coordinates,
the balance of the funds which is 50% (40% + 10 %) will be transferred after 24 INTERNATIONAL BANKING HOURS OR
IRREVOCABLE AND CONFIRMED RECEIPT OF CASH FUNDS BY THE RECEIVING BANK VIA SWIFT MT103 ACROSS to the
designated accounts of Party A- (PROVIDER).
BANK NAME
BANK ADRESS
BIC OR SWIFT CODE
BANK TELEPHONE & FAX
BANK OFFICER NAME
BANK OFFICER E-MAİL
ADRESS
BANK ACCOUNT NO OR IBAN
ACCOUNT AUTHORIZED
NAME
This Contract must be signed in counterpart and will be lawful and fully effective even though signatures may not be placed at the
same time and same location. The Parties hereto have subscribed their signatures and in doing so have understood, agreed and
accepted the terms and conditions as herein. They hereby affix their signatures below on each page on the space provided with the
respective date, as shown on this Contract.
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February 26th 2022
IN WITNESS WHEREOF, both Parties acknowledge that they have understood all of the terms and conditions of this Agreement, and
hereby agree to hon our and to be bound by all clauses with the privileges, rights and immunities herein provided, making this
Agreement effective on and as of the Effective Date upon signing by both Parties.
SIGNATURES:
Sender Receiver:
MR. JORGE DIAZ FLORES Mr
OWNER:
CARD OWNER COMPANY: GRUPO FAMIDI
CARDINFORMATION.
NEY TR
th
AGREED AND ACCEPTED, SIGNED THIS DAY, February 26 , 2022
SIGNATURES:
Sender Receiver:
MR. JORGE DIAZ FLORES Mr
OWNER:
CARD OWNER COMPANY: GRUPO FAMIDI
# EDT (Electronic document transmissions) shall be deemed valid and enforceable in respect of any
provisions of this Contract. As applicable, this agreement shall be:
1-Incorporate U.S. Public Law 106-229,”Electronic Signatures in Global and National Commerce Act” or
such other applicable law conforming to the UNCITRAL Model Law on Electronic Signatures (2001)
and;
2-ELECTRONIC COMMERCE AGREEMENT (ECE/TRADE/257, Geneva, May 2000) adopted by the United
Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT);
3-EDT documents shall be subject to European Community Directive No. 95/46/EEC, as applicable.
Either Party may request hard copy of any document that has been previously transmitted by Electronic
means provided however, that any such request shall in no manner delay the parties from performing
their respective obligations and duties under EDT instruments.
The PARTY-B RECEIVER hereby acknowledge and confirm that neither the Collateral PARTY-A Provider
nor their associates, nor any person on their behalf solicited him/her in any way whatsoever that can
be construed to be a solicitation herein. Both parties hereby confirm with full authority that the above
terms are agreed and acceptable
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