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 1. Contract and parties

These General Terms and Conditions (hereafter the “Terms and Conditions”) govern the professional relationship between Retter Société à responsabilité limitée, registered with the Luxembourg Bar (hereafter the “Company”) and our Clients. The Terms and Conditions shall apply in full to any relationship with our Clients for the services provided (the “Services”) and are legally binding. Special conditions agreed in writing with a Client may alter or override any of these terms.

 2. Conflict of interest

In order to avoid any conflict of interest a reasonable conflict check verification is included in our procedures prior to the acceptance of a Client.
Should a conflict of interest nevertheless arise, the specific case will be discussed with the concerned Client.

 3. Confidentiality

We are subject to a strict professional secrecy rules under Luxembourg law and under the Deontology Code of the Luxembourg Bar. Breach of which may lead to a criminal or disciplinary liability.
Information about Clients will be treated as strictly confidential except if the disclosure of information is required by law, by a professional regulation or instructed by the Client.

 4. Anti-Money Laundering rules

The Luxembourg anti-money laundering regulations require us to impose obligations on us to obtain sufficient knowledge of the ultimate beneficial owners of our clients and matters, including their identity, their legal status and the origin of funds. The rules also require us, under certain conditions, to report any suspicious activity where we know or suspect that money or property is the subject of money laundering or terrorism financing. In the event that we have any such suspicion, our obligation to report to the authorities will prevail. This legal duty overrides any duty of secrecy that we owe you as our client. We cannot accept any liability for loss where it arises as a result of any such disclosure to the authorities. As our client, you confirm that you comply with applicable tax laws and regulations (either based on your nationality, registered office, residence, domicile or otherwise) and that any instructions provided to us in relation to services to be provided by us comply with such laws and regulations.

 5. Data Protection

In accordance with the provisions of the data protection law applicable to the Grand-Duchy of Luxembourg and the Regulation n°2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the “Data Protection Law”), you acknowledge that, acting as data controller, we collect, store and process, by electronic or other means, your personal data in order to provide the services required and to comply with our legal obligations.

If you are an individual, the data processed includes in particular your name, address, date and place of birth, nationality, profession, contact details, preferred language, banking information, or any other personal data contained in the file entrusted with us. If you are a legal person, the same categories of data may be processed as regards i) our contact persons at your firm and ii) your beneficial owners (altogether the “Personal Data”).

The Personal Data you provide us with is processed for the purposes of handling your queries, managing our files, client relationship management and complying with any applicable legal obligations such as anti-money laundering and terrorism financing requirements.

Your Personal Data may be transferred to other entities or individuals located in and outside the European Union (namely our affiliate entities, independent experts, notaries, bailiffs or other foreign lawyers). We may also transfer your personal Data to other third parties, such as governmental or regulatory agencies including tax authorities, in or outside the European Union, in accordance with applicable laws and regulations. In any case, any transfer of your Personal Data will be undertaken in compliance with the strict professional secrecy rules under Luxembourg law.

We will finally not retain your Personal Data for longer than required for the purposes of its processing, subject to the legal limitation periods.

 6. Record keeping

We are under a legal obligation to keep Client records for a duration of 5 years following the completion of our services. This retention period shall not apply to any documents or files which has been returned to a Client or deleted and erased from the information systems following his specific request. After the applicable retention period, we reserve the right to destroy either electronic or paper Client files.

 7. Invoicing

Our invoices are based on an hourly rate and on time spent on the specific matter. Rates may be reviewed from time to time. Additional expenses will be added: administrative expenses, VAT, disbursements, specific expenses (travel expenses, courier expenses etc).
Our invoices are due and payable by the Client upon receipt.

 8. Limitation of liability

All liability to you in respect of breach of contract or breach of duty or negligence or otherwise arising out of or in connection with our engagement or the services we provide shall be limited to the lower of (i) three times the amount of the total fees charged by us in the relevant matter or (ii) EUR 100.000,00 (one hundred thousand Euros). We shall, as far as possible, consult you before engaging third parties, and shall in any event exercise the requisite due care in selecting such third parties. We will not be liable for any acts or omissions of third parties. You authorize us to accept any limitations of liability of third parties on your behalf.

 9. Communications

Retter will communicate with Clients by e-mail, post, fax or telephone and will assume that Clients will be satisfied with the standard means of communications unless different instructions are duly received. Nevertheless, Retter cannot guarantee the security or confidentiality of such communications. The Client must ensure that communications to the fax number or e-mail address notified to Retter are secure.

 10. Governing Law and Jurisdiction

These Terms and conditions and the relationship with our Clients are governed and construed in accordance with the law Grand Duchy of Luxembourg and subject to the exclusive jurisdiction of the courts of Luxembourg City.

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