The services provided by Silk Road Partners BV (hereafter “SRP”) are subject to the following general terms and conditions:
- Silk Road Partners BV is incorporated under Belgian law for the purpose of providing business consulting.
- These general terms and conditions are for the benefit of SRP, as well as its partners, any other persons working for or in association with SRP, any persons engaged by SRP, and any other persons for whom SRP may be held responsible. These terms and conditions apply to all service files handled by SRP as soon as they have been communicated and/or delivered to the client, without any further separate communication to this end being required for matters subsequently entrusted to us.
- These general terms and conditions can be relied on not only by SRP but also by any person engaged by SRP in the performance of a client assignment as well as former employees and consultants of SRP if they are held liable, after leaving SRP, for work which they performed for SRP.
- SRP’s liability shall in any case, and regardless of the cause of the damage even in case of gross negligence, be limited to the amount of fees paid to SRP for the relevant assignment during the relevant calendar year and to the type of damage (exclusion of lost profit, lost savings and damage due to business interruption). In any event, any right to compensation shall expire if the claim is not brought before the competent court within one (1) year after the facts on which it is based become known to the client or should reasonably have become known to the client.
- In acting upon instructions, SRP may call upon (and is responsible for) its consultants and employees and, where appropriate, may engage third parties to provide services. SRP is not liable for any damage caused by third parties, unless expressly specified otherwise.
- Third parties engaged in connection with the performance of a client assignment may wish to limit their liability in relation thereto. SRP expressly stipulates that all client assignments also confer on it the express or implied authority to accept such limitations of liability in the name and on behalf of its clients.
- Any fee estimate provided by SRP is an approximation only. If any of the assumptions on which an estimate is based proves to be incorrect or if the instructions or scope of the assignment change, SRP’s estimate may no longer be accurate. No estimate or budget should therefore be considered definitive.
- Unless provided otherwise, SRP’s statements of fees are due and payable within thirty (30) days from the date of the statement. If an advance is requested, it must be paid immediately and in any case before SRP must provide any services. Unless provided otherwise, our statements of fees are governed by the Act of 2 August 2002 on the fight against late payment in commercial transactions. All past due balances shall, without further notice, be increased by (i) interest for late payment at the statutory rate determined by the Belgian Act of 2 August 2002 and (ii) a supplement of 10% of the balance due to cover extrajudicial (i.e. collection) costs. This supplement shall be at least EUR 250 and is without prejudice to SRP’s right to claim additional damages for any actual harm suffered or costs incurred. In the event of non-payment, SRP may also suspend performance of the assignment, after informing the client thereof. In that case, SRP shall not be liable for any damage or loss resulting from the suspension of services.
- SRP is obliged to comply with the provisions of the applicable anti-money laundering legislation which aims to prevent the use of the financial system for money laundering and the financing of terrorism (such as the Belgian Act of 11 January 1993, as amended). To this end, clients must promptly submit any and all information requested by SRP in order for the latter to comply with its obligations imposed by this legislation.
- SRP may at any time incorporate special conditions into its engagement letter with the client, as regards conflicts of interest and fee arrangements. If expressly agreed with the client, such special conditions may derogate from these general terms and conditions.
- These general terms and conditions are subject to amendment from time to time, in which case the client shall be informed of any changes made. The new terms and conditions will enter into force one month after the client is notified thereof, unless the latter objects to the modification in writing within one month’s time. The applicable general terms and conditions can be found at all times at silkroadpartners.eu.
- The Name Silk Road Partners in combination with its SRP logo is a registered trademark and cannot be used without authorization of Silk Road Partners No implicit license shall be considered.
- The legal relationship to which these general terms and conditions apply shall be governed by and construed in accordance with Belgian law. Any dispute between SRP and a client or between a client of SRP and persons for which SRP is responsible, shall be submitted to mediation under Cepani rules in Brussels. If such mediation is not successful Brussels courts shall have the exclusive jurisdiction. Notwithstanding the foregoing, SRP reserves the right to take legal action before any other competent court, such as the relevant court in the client’s jurisdiction.