Yours Business & Family Advisory SA (“Yours”) is a public limited company incorporated under Luxembourg law with its registered office at L-1311 Luxembourg, 27B Boulevard Marcel Cahen, registered with the Luxembourg Trade and Companies Register under number B 211.841 and has a branch under Belgian law established at B-1050 Brussels, Avenue Louise 480, registered with the Banque Carrefour des Enterprises under number 0674.482.669.
These Terms apply to all services provided or to be provided by or on behalf of Yours. All services provided by or on behalf of Yours are governed by Luxembourg law or by Belgian law if the service is performed by or on behalf of the branch. Entrusting a mission to Yours implies adherence to the Terms for this file and subsequent missions, subject to the adaptations to which they may be subject at regular intervals and of which the customer will be duly informed; if the customer has only received communication of the Terms and Conditions after having entrusted the mission to Yours, adherence is deemed to result from the absence of withdrawal of the mission after this communication.
The law requires Yours (i) to identify and verify the identity of its customers as well as beneficial owners (i.e. natural persons who, directly or indirectly, own more than 25% of the customer or otherwise control it, or on whose behalf the proposed transaction is to take place), (ii) to exercise permanent vigilance with regard to elements indicative of money laundering or terrorist financing, and (iii) in the event of suspicion of money-laundering or terrorist financing, to report it to the competent authority.
If experts (lawyers, accountants, notaries, etc.) are to be called upon to carry out a task entrusted to Yours, Yours will consult with the customer in advance, to the extent appropriate, and will exercise due diligence in the selection of these third parties. Yours will not be liable for any faults or omissions committed by these third parties in the performance of their services.
Advice provided is covered by professional secrecy and is reserved for the exclusive use of its recipient(s). The results of Yours’ services to the custmer, in any form or by any means whatsoever, are provided for the exclusive benefit and information of the customer. These documents may not be copied, quoted, or made public in whole or in part (subject to communications for the customer’s internal use) without the prior consent of the customer unless disclosure is required by law or by a competent authority (in which case the customer will be required to notify Yours in advance, unless prohibited by law).
Yours’ liability for any service performed by or on behalf of Yours or which is otherwise related to a mission that is entrusted to Yours is limited to three (3) times the fees set for the assignment.
The agreement or relationship between the customer and Yours may not lead, give rise to, or aim to give rise to rights in the hands of third parties. No third party shall have the right to demand the performance of this agreement or relationship or to rely directly or indirectly on it, expressly or impliedly, and the third parties shall not derive any right or benefit therefrom.
Except in the case of willful misconduct or gross negligence on the part of Yours, the customer shall indemnify and hold Yours harmless against any action, claim or proceeding of any kind whatsoever which is directed or brought by a third party against Yours and which is a direct or indirect consequence of or related to any work or services performed or to be performed by or on behalf of Yours for the customer or which, in any other way, would be related to a mission entrusted by the customer to Yours, including, without limitation, any damages, costs or indemnities that would be charged to Yours and related to such action, claim or suit. If the customer has itself paid such damages in this context, it will not be able to seek, at no time to claim reimbursement by Yours for the payments it would have thus exposed.
Fees are generally a fixed commission for an assignment. This commission does not include the administrative costs and out-of-pocket expenses that Yours would incur in the performance of its mission (such as travel expenses, translation costs, etc.), nor the costs related to any recourse, decided in consultation with the customer, to qualified experts (chartered accountants, tax lawyers, notaries, etc.). The services provided by Yours are subject to Luxembourg or Belgian VAT.
Yours is legally required to archive records upon closing. Original evidence or other original documents entrusted to Yours are returned to the customer. The archives are kept for a period of ten years, at the end of which they are automatically destroyed.
In accordance with applicable legislation, Yours’ privacy policy is explained in detail in a separate document that can be accessed on the www.yoursadvisory.com website. The latter constitutes an appendix to these Terms and is an integral part thereof.
These Terms are applicable to the exclusion of all others. Any term or condition shall be a separate and independent provision. If any provision is held to be void or unenforceable, all other provisions shall remain in full force and effect.
All disputes that would arise in connection with (i) a service performed by or on behalf of Yours or a mission entrusted to Yours or (ii) the legal relationship established with the customer or another third party, shall be governed by Luxembourg or Belgian law, including the statutes of limitation, to the exclusion of any other law, and will be exclusively submitted to the competent courts of the City of Luxembourg or the judicial district of Brussels.
The provisions and conditions contained in these Terms are also agreed and stipulated on behalf of and for the benefit of the directors, managers and shareholders of Yours, the managers of these shareholders and all persons who are or have been active with Yours, whether as a partner, collaborator, intern, employee, consultant, subcontractor, or in any other capacity.
