Term of Use

Last Updated: September 7, 2017

Welcome to the GoldIntrust.com website (the "Site"). Gold Intrust Limited provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any of our services (e.g., Buy Bullion or Setup Trust), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

USE OF SITE

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.

Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under NEW ZEALAND or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Content provided on this site is solely for informational purposes. It is your sole responsibility to use them for purposes of personal investment, welfare and safety. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Unless otherwise specified, product representations expressed on this Site are that of the manufacturer(e.g., the Perth Mint or Vault of New Zealand)and are not made by us.

We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

When you use the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.

REVIEWS AND COMMENTS

Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

INTELLECTUAL PROPERTY

All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Gold Intrust Limited, or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Gold Intrust Limited or its affiliates. All software used on this Site (the "Software") is the property of Gold Intrust Limited, its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by New Zealand and international copyright laws. Gold Intrust, GoldIntrust.com and other logos, design logos, taglines, slogans, trade names or words are registered trademarks, trademarks or service marks of Gold Intrust Limited, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

PRIVACY POLICY

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Our Privacy Policy is available at http://www.GoldIntrust.com/privacy-policy.

RISK OF LOSS; OTHER TERMS OF SALE

The risk of loss and title for items purchased by you and pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale, which you may access here http://www.goldintrust.com/customer-service-center (and on the web pages to which that webpage links). We do not take title to returned items until the item arrives at our fulfilment centre. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

INTERNATIONAL ACCESS

This Site may be accessed from countries other than the New Zealand/ Australia/ Switzerland. This Site may contain products or references to products that are not available outside of the mentioned countries. Any such references do not imply that such products will be made available outside the mentioned countries. If you access and use this Site outside the mentioned countries you are responsible for complying with your local laws and regulations.

DISCLAIMER AND LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, A COPY OF WHICH YOU MAY ACCESS HERE http://www.GoldIntrust.com/customer-service-center (and on the web pages to which that webpage links), THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE http://www.GoldIntrust.com/customer-service-center (and on the web pages to which that webpage links). TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE NUMBER OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.

TYPOGRAPHICAL ERRORS

In the event, a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.

LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email service@goldintrust.com for Making Claims of Copyright Infringement.

REMEDIES

You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or another waiver.

APPLICABLE LAW

By using the Site, you agree that the New Zealand Law without regard to principles of conflict of laws will govern these Terms of Use and any dispute of any sort that might arise between you and us.

DISPUTES

Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by us or through GoldIntrust.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The New Zealand arbitration apply to this agreement.

The arbitration award is Limited, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Gold Intrust Limited or it’s law agent. We will afford half of the arbitration fees for claims unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration from you unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by written submissions at the mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to disclose the disputation to the media. We also both agree that you or we may bring suit in court to enjoin infringement or another misuse of intellectual property rights.

SEVERABILITY

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

OUR ADDRESS

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to: Gold Intrust Limited
, Office1,124. Main Street. Upper Hutt, Wellington NZ 5018 Note: Please do not send returns to this address. All returns must be requested via your online account within 30 days or pre-authorized by contacting customer service. For more information, please visit our Returns page.

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Disclaimer
General Disclaimer

Prospective buyers should consult their own professional advisers on the tax implications of making purchasing of Gold Intrust's products or services. If he/ she is in any doubt as to the appropriate course of action, Gold Intrust would recommend that he/ she consults his/ her own independent financial adviser, solicitor, accountant or other professional advisers. An application for any purchase or service mentioned in this site may only be taken on the basis of the offering documents or applicable terms relating to the specific products or services.

The information contained in this site is not an offer to buy and sell s products or services of Gold Intrust, nor is the information directed at any jurisdiction in which the offer, sale or recommendation is not authorized. This site is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the availability of this site is prohibited. Persons in respect of whom such prohibitions apply must not access this site.

Risk Disclaimer

All trade in/out gold is subject to market risks. The value of gold may go up or down based on market conditions. Past performance should not be considered as an indication or guarantee of future performance and no representation or warranty, express or implied, is made regarding future performance. This site literature is issued for indicative and information purposes only and Buyers should make their own appraisal of the trading opportunity and consult their financial, legal and other professional advisors prior to any purchasing.

The buyer of Trust Setup Service(Settlor) should read the Trust Deed and the related documents of the relevant schemes carefully to understand the policy of the scheme and the risks involved.
Gold Bullion or legal Services offered by Gold Intrust is not bank deposits nor Gold Intrust Limited (Gold Intrust) takes any guarantee for return and/or original trade in price. Gold Intrust do not accept any liability in this regard.

Liability Disclaimer

The material and information on this site are provided basis without warranties of any kind, either expressed or implied. The information, software, products and services included on this website may include any inaccuracies or typographical errors. Changes are periodically added and Gold Intrust may make improvement and/ or changes in this website at any time.

Gold Intrust no representation or warranty of such accuracy, express or implied, is granted of any kind and no obligation or responsibility in respect of any errors, omissions, interruptions or delays in service which may occur is accepted by Gold Intrust.

Gold Intrust disclaims all warranties, expressed or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. It is a visitor's/ Buyers' responsibility to evaluate the accuracy, completeness and usefulness of any options, products, services or other information provided.

Except for engagement letter, contract or deed signed between client and Gold Intrust, and documents, instructions or demonstrate provided to client on specific engaged business matter between client and Gold Intrust, All information contained on any page of this site is distributed with the understanding that Gold Intrust is not rendering legal, accounting or other professional advice or opinions on specific facts or matters and accordingly assume no liability whatsoever in connection with its use. Consult your own legal or tax advisor or financial advisor with respect to your personal situation. In no event shall Gold Intrust be liable for any direct, special, incidental or consequential damages arising out of the use of the information herein.

Gold Intrust and its business between clients are under law jurisdiction of Australia, New Zealand, and Switzerland. Any legal documents, contracts, or other documents signed with the clients must be in the official language (English version) and follow the laws of the three countries referred to above. Legal documents, contracts, or other documents provided by Gold Intrust to the clients in other languages are not legal requirements for signing, but as the translation for reference that convenient clients to read and help their understanding.

Legal Provisions of Funds

Client guarantees their fund remitted to Gold Intrust, with good faith and good standing, are on purpose of purchasing items and service provided by Gold Intrust.

The client guarantees that the source of funds is legal and does not involve in crime, money laundering, supporting terrorism, or related to business organizations that are subject to UN sanctions

Client guarantees their gold purchasing & setting up trust activities will not use for the illegal purpose, including without limitation on violating laws of Australia, New Zealand, Switzerland and The United States.

Client guarantees the provided information is accurate. Gold Intrust shall have no liability for any loss or damage arising from the use or reliance on such provided information including without limitation, any loss or any other damage, direct or consequential.

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Must consent all above content before proceeding the next page
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The limit of unidentified client's order is $15,000 AUD in 3months ($5,000 AUD per month), if your order exceeds $5,000 AUD, we could arrange to separate your order into two or three pieces which not exceeding $5,000 AUD and arrange delivery once per month.
For orders over $15,000 AUD, please register your identification documents here: CREATE AN ACCOUNT, and submit orders with Registered Client's Purchase Pathway or bypath a Gold Trust.
Fabrication Premium is a difference in price between bullion and gold of equivalent weight, which caused by the cost of casting bullion and packaging materials. The more fine-packed or fine-casted, the higher fabrication premium of bullion. Under the constant casting process and packaging style, the lower the weight of a gold bar, the higher the fabrication premium's percentage is assessed.
When bullion is being repoed back, such premium is rarely considered in the valuation. Therefore, common applications for tiny weight gold bars are gifts and souvenirs rather than wealthy goods. Gold Intrust DO NOT recommend buying gold bars with a fabrication premium of more than 3% (F.P. in red) for customers who wish to safeguard their wealth by purchasing gold bullion.
Select the Desired Number
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Fabrication Premium
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Prices in AUD
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You cannot purchase over $15,000.00 AUD without registration.
Only REGISTERED CLIENTS could purchase over 5,000 AUD in one purchase or in 1 month.
According to Australian AML Act, with one single purchase in each month, an unidentified client could buy gold bullion not exceeding 5,000 AUD. We provide service that divides the order into Max 3 pieces, that means an unidentified client could submit order not exceeding 15,000 AUD(any new orders submitted by such client will unavailable in following 3 months), and such order will be delivered by 3 times in 3 months.
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Please select your preferred delivery method and insurance. Service Area , Rates and Delivery Time can be found on the DHL official website and UPS official website link
Duties, VAT, and Consumption Tax(GST) levied on delivered items by destination countries or regions must be paid by the customer.
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Please fill in the identification & address info of the recipient (who receive delivery) in English
All input identity information must be consistent with the recipient's identity document, or the courier will have the right to refuse delivery.
The country or region of the recipient must be consistent with the previously selected express destination. Otherwise, Gold intrust and the insurer will not bear any losses that may be caused by consequenced delivery.
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Must be the phone being used by the customer himself/herself.
This phone will be used to verify customer identity information
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Must be the mailbox being used by the customer himself/herself.
This mailbox will receive e-mail for activating accounts.
Please provide a valid e-mail!
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Please complete the following forms For Receiving Refund from Gold Intrust( in English).
Account Name must be consistent with the Identity of Recipient.
Once bullion is sold, it cannot return & refund, but repoed(bought back, will lose it's Fabrication Premium) at the market quoted price. Only the balance that remaining after the transaction(or failed transaction) is refundable.
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Payment Safety Instructions

To protect your rights, please be sure to read this instruction

Gold Intrust is composed of several companies based in Australia, New Zealand, Switzerland and the United Kingdom, each with different functions. One of the New Zealand company(Gold Intrust Limited) is a specialist legal services provider, while the Australian company(Gold Intrust Trading Pty Ltd) is a precious metal trading service provider.

Gold Intrust HAS ONLY ONE BANK ACCOUNTS for external services and products(Gold Intrust WILL NOT USE OTHER ACCOUNTS to receive clients' payments):
Gold Intrust Trading Proprietary Limited's account opened at Westpac Bank in Australia
Account Name: Gold Intrust Trading Proprietary Limited
Account tail number: XXXX

In order to prevent the crime of network invading that incurring a loss to the client, Gold Intrust's account number WILL ALWAYS send to the customer through the encrypted mail, which can be verified by reserved identity verification information(IVI), the client should combine the information contained in the mail and this page to one complete account number for remittance.
Encrypted E-mail , which can be verified by reserved identity verification information(IVI)
If any IVI Inconsistent with the reservation, please do not execute to prevent possible loss.
Client's remittance postscript must indicate the unique Business ID Code(BIC) for each order(10 capital letters, as shown in Invoice of the confirmation email)

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This order‘s price is calculated based on real-time Gold Prices and DOES NOT represent the final transaction price.
There is a delay generally of 1~2 working days due to remittances from processing into Gold Intrust’s Bank account, and the gold price is likely to alter during such period.
We recommend a remittance that 105% of the price indicates by this order. If there is a balance after the transaction, Gold Intrust will automatically return them back to the original remittance account.

Once the remittance arrives Gold Intrust's bank account, we will initiate the bullion transaction within three hours (if during the trading hours, the transaction will follow the market quote price at that time. If out of the trading hours, the order will be carried forward to the next trading day and traded with market opening quote price). Our trading will be limited to the bullion specifications of your order and trading of the Principle of Maximum Possible Weight.

For example , if your original order was to purchase one single gold bar of 20g, but the fund is insufficient at the time of the transaction due to gold price altered during remittance period, we will not trade in any bullion of other specifications and the balance will be fully refunded.
If such order is to purchase two gold bars of 20g and 4 of 10g, and with situation of insufficient funds, we will give priority to reduce the gold bars of 10g (with a higher Fabrication Premium) on the basis of your order, and then It is bullion of 20g, but it will not trade in bullion of other specifications. If such fund is abundant, we will increase the gold bars of 20g (with a lower FP ) with priority on the basis of your order, rather than bullion of 10g (3 X Bars of 20g and 4 X 10g will take precedence over 2 X 20g and 6 X 10g), but will not trade in bullion of other specifications.
Any balance after the transaction will be totally refunded (if any).

Order Summary

Click the "Confirm Order" button to submit an order to Gold Intrust

After you submit your order, your registered e-mail will receive a confirmation letter (encrypted) from Gold Intrust containing an auto-generated contract, an invoice with remittance guide.Please keep such message properly and check if the identity verification information(IVI) is consistent with reserved(do not execute any email or SMS without such IVI or which inconsistent with the reservation to prevent fraud), and remit fund by what invoice guides.Gold Intrust will execute the order within three hours once the remittance arrival to Gold Intrust account(Postponed to the next trading day,if out of working hours).

As the price of gold fluctuates in real-time if remittance exceeding the deadline (105% rate for 5 working days, 110% for 8 working days, 115% for 10 working days, see contract and invoice). The order will automatically be expired in by the contract.

After the order expires, if the client still wants to continue to trade, the client needs to resubmit a new order and make up the difference (if any) to Gold Intrust account before the new order deadline.

Any payment that arrived at Gold Intrust account which exceeds the deadline, and without a further order is recommitted within 3 working days after arrival, such transaction will be deemed to be terminated for default.The payment will be returned on the fourth working day, to the client's original account.Refund remittance cost is borne by the client.