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Legal infos

Legal information

C/ IN EXTENSO BELUX S.A.

The company has its registered office at 6, rue d’Arlon, L-8399 Windhof.
It is also entered in the Luxembourg Trade and Companies register under number: B 273.853.

C/ VO CONSULTING SRL

VO Consulting SRL is a member of the Professional Institute of Accountants and Tax Consultants.
Its licence number is : 70119175
The company has its registered office at 50, rue de l’Hydrion, B-6700 Arlon.
It is also registered with the ECB under number: 0474.008.118.

C/ VO CONSULTING LUX SA

VO Consulting Lux SA is a member of the Luxembourg Association of Chartered Accountants. (NB : There is no registration number).
The company has its registered office at 6, rue d’Arlon, L-8399 Windhof.
It is also entered in the Luxembourg Trade and Companies register under number: B 61.459.
It has the following business permits: No. N°00121493/10 and No. 00121493/11.

 

General Terms & Conditions

These terms and conditions apply only in Luxembourg.

1. Description and definition of a mission

These Terms & Conditions apply to service agreements reached between a chartered accountant and its client, excluding domiciliation agreements, directorships and management mandates.

If circumstances were to render any clause of these Terms & Conditions null and void, then the other clauses would continue to apply where possible.

Missions carried out by a chartered accountant in the course of work are governed by the professional regulations laid down by the Association of Chartered Accountants.

2. Duration of a mission

Missions are assigned for a period of one year. They are tacitly renewed each year unless terminated at least one month before the anniversary of this document being signed, by registered letter with acknowledgement of receipt or by letter delivered in person and signed for by the other party.

The client may only terminate an ongoing mission after notifying the chartered accountant in one of the two ways specified above.

If either party breaches its obligations or is guilty of serious misconduct, then the other party has the option of terminating the mission immediately, by registered letter with acknowledgement of receipt.

When a mission is suspended due to force majeure, the deadline for completing work will be extended by a period equal to that of the suspension. During any such suspension, the provisions of articles 6, 7 and 8 of these General Terms & Conditions shall continue to apply.

Where a chartered accountant is carrying out more than one mission for the client, the suspension, interruption or termination of any one of these missions shall not affect the other missions.

3. Obligations of the chartered accountant

The chartered accountant carries out the mission assigned to it in accordance with the fundamental principles of integrity, ethics and independence established by the Association of Chartered Accountants, as well as industry standards and regulations. The chartered accountant also carries out the mission assigned to it in accordance with its legal obligations, in particular regarding independence, anti-money laundering and measures to combat terrorist financing.

It works on a best-effort, not performance, basis. It may be assisted by staff of its choosing.

On completing its mission, the chartered accountant returns the documents that the client has given it to carry out the mission.

4. Professional secrecy

The chartered accountant is bound by:

  • Professional secrecy:

    article 458 of the Criminal Code applies to chartered accountants and individuals who work for them.
    Chartered accountants are required to respond to, and cooperate as fully as possible with, any legal request that the authorities responsible for applying the law send them in the course of their work. Chartered accountants must take the initiative in informing the public prosecutor of the district court of Luxembourg of anything that could indicate money laundering or terrorist financing.

    Chartered accountants and their staff may not disclose to the client concerned, or to third parties, that they have sent information to the authorities or that any investigation is under way.
     
  • A requirement to show discretion,

    separate from the previous obligation, with information collected and with the distribution of documents produced. These are sent to the client and must not be sent directly to any third party, unless the client specifically requests as much and the chartered accountant agrees.

5. Identification and liability of the client

By “client”, we mean the company represented by its Board of Directors or senior management, or by its legal or managerial representative. The Board of Directors itself is represented by the Managing Director or two Directors, and the senior management by the technical manager and/or any third party lawfully appointed for this purpose.

In the same way as the Managing Director (or two Directors) or technical manager, this third party will be authorised to receive any document and/or information concerning the company, and to give any instruction needed to manage the company properly.

Only the directors of a company or its Board of Directors, or the company’s senior management, or alternatively any legal or managerial representative of a company, are responsible for financial information about the company as presented to its owners or third parties. In this regard, it is the responsibility of any authorised representative of a company to sign the annual financial statements (or consolidated financial statements) before presenting them to the general meeting of partners or shareholders.

The client is not relieved of its responsibility if it appoints the chartered accountant to represent it before the authorities, or gives it signatory authority.

6. Client obligations

The client shall not commit any act that undermines the independence of the chartered accountant or its staff. This particularly applies to offers made for staff to work on a freelance basis or join the client’s payroll.

The client also undertakes:

  • To provide the chartered accountant, within the agreed time frame, with all documents and information needed for it to carry out its mission and comply with its legal obligations, especially concerning anti-money laundering and measures to combat terrorist financing;
  • To complete the tasks assigned to it;
  • To bring significant or exceptional matters to the chartered accountant’s attention. It must also report any commitments that could affect the company’s results or financial position;
  • To confirm in writing, if the chartered accountant so requests, that the documents, information and explanations provided are complete;
  • To take measures in accordance with applicable legislation on retaining original documentation;
  • To take all measures to ensure the protection of data and computer processes, and ensure that they are stored in an impenetrable way.

In principle, the client may not disclose mission reports and professional opinions produced by the chartered accountant to third parties without the chartered accountant’s written agreement, unless the mission in itself implies that authorisation has been granted to share these documents to specific third parties.

7. Fees

The chartered accountant receives from the client the freely agreed fees, which exclude any other, even indirect, remuneration. Its travel and accommodation costs are reimbursed.

Provisions on fees may be requested from time to time.

If the fees are not paid by the deadline shown on the invoice, then the chartered accountant may:

  • Apply late payment interest under the following terms,
  • Exercise a right to retain the documents received.

Unless specifically agreed otherwise, fees must be paid by the deadline shown on the invoice. If payment is not made on time, then outstanding sums will bear interest in accordance with article 5 of the Law of 18 April 2004. In any case, non-payment of fees will entitle the chartered accountant to exercise a right to retain any file or document received from the client. Non-payment shall also entitle the chartered accountant to claim a minimum flat rate of 20% of the amounts owed under a legal clause aimed at offsetting any collection costs.

8. Liability of the chartered accountant

The only situation in which the client may hold the chartered accountant liable under civil law is if it fails to perform its mission correctly, and only if a causal link can be established between negligence committed and damage incurred. The maximum amount of compensation that the chartered accountant may be required to pay the client for any harmful consequences of a given mission, will be limited to twice the amount of fees otherwise payable for completing the mission in question, unless the damage to the client is the immediate and direct consequence of an intentional act or gross negligence by the chartered accountant.

The client must bring any event that could have repercussions on liability to the attention of the chartered accountant.

9. General terms and conditions of outsourcing personal data management (pursuant to the Law of 2 August 2002)

9.1. For the execution of service level agreements between the chartered accountant and its client, the client has sent or will send personal details to the chartered accountant and has asked or will ask it to perform a certain number of tasks on its behalf. The chartered accountant will carry out these tasks in accordance with these General Terms & Conditions.

9.2. These General Terms & Conditions in no way replace any other general or service level terms and conditions of any kind, and which have been specifically accepted by the client. Only those provisions that are contained in such documents and are expressly contradicted herein will be replaced by these General Terms and Conditions.

9.3. The chartered account and any person acting under its authority and who has access to data sent by the client or a third party on the client’s behalf will handle it only on the express instructions of the client, unless there is a legal requirement to use the data. The chartered accountant’s involvement in this data management is strictly limited to the minimum needed to provide the services in question.

10. Computer Security during Document Transmissions

10.1 Within the framework of the engagement letter signed by the Client, and unless expressly mentioned by the Client, documents or information may be transmitted not only by mail or fax but also in electronic format, by email.

10.2 Given the state of technology, execution costs, as well as the nature, scope, context, and purposes of the processing, and the risks, whose probability and severity vary, for the rights and freedoms of individuals, the Client and the Accountant take appropriate technical and organizational measures to ensure a level of security adapted to the risk.

10.3 The chartered accountant will secure, in particular, personal data against destruction, loss, alteration, unauthorized disclosure of transmitted, stored, or otherwise processed data, or unauthorized access to such data, whether accidental or unlawful.

11. Applicable Law and Competent Jurisdiction

These General Terms and Conditions, as well as the specific conditions of the engagement letter and its attachments are subject to Luxembourg law.

Any disputes that may arise between the chartered accountant and the client regarding the execution of the engagement letter will be submitted to the courts having jurisdiction over the place in which the chartered accountant’s office is located.

However, the chartered accountant reserves the right to take action against the client in the place of its home or residence [including the private home of the Directors and Managers] or before any other competent court.

12. GDPR - Privacy policy and Cookie use

12.1. Privacy policy

Given technological development, it is necessary to pay special attention to the protection of privacy. VO Consulting is committed to complying with the new European General Data Protection Regulation (GDPR), in force since May 25, 2018. Personal data collected by VO Consulting is entirely subject to this new regulation.  

12.1.1. Collection of personal information 

During your visit to the site http://www.inextenso-belux.com/, a banner appears at the bottom of the screen informing you of the use of cookies when browsing the site. These cookies do not collect any personal data; they simply enable a better browsing experience.  

In some cases, especially when leaving a message on the site, you may be asked to provide your name(s), first name(s), and email address (hereinafter your "Personal Data"). By providing this information, you expressly agree that your data will be processed by VO Consulting, for the purposes indicated in point 2 below. If there are other purposes than those indicated in point 2, they will be communicated at the end of each form. 

12.1.2. Processing purposes 

VO Consulting may process your Personal Data: 

  • To provide you with the information or services you have requested (including sending the Newsletter, a commercial offer, or responding to a contact request).  
  • To collect information allowing us to improve our site, products, and services (including through cookies).  
  • To contact you about various events related to VO Consulting, including product updates and customer support. 

12.1.3. Forms and interactivity 

Your personal information is collected through our contact form or newsletter registration form but also through Cookies.  

We use the information collected, notably for the following purposes: 

  • Follow-up of the request 
  • Information  
  • Statistics
  • Contact 

12.1.4. Log files and cookies 

We collect certain information through log files and cookies. This mainly includes the following information: 

  • IP adress
  • Operating system 
  • Pages visited and queries 
  • Connection time and day 

The use of such files allows us to: 

  • Improve service and offer personalized welcome 
  • Collect statistical data 

12.1.5. Retention period 

Your Personal Data is kept by VO Consulting only for the time corresponding to the purpose of our exchanges (in the case of contacting us via our contact form) or until you unsubscribe from our newsletter in the case of subscribing to it (an unsubscribe link is available in each newsletter we send). 

12.1.6. Right of opposition, withdrawal and transfer 

You have the right to object, withdraw your Personal Data, and withdraw your consent. You can also request the transfer of your Personal Data.

The right to object means the possibility for users to refuse their personal information being used for certain purposes mentioned during collection. You can object to the processing of your personal information if we have a legitimate interest (or the interest of a third party) and when a reason related to your particular situation justifies your objection to the processing. You also have the right to object when we process your personal information for direct marketing purposes.

The right of withdrawal means the possibility for users to request the deletion of their personal information. You also have the right to ask us to delete or remove your personal information when you have exercised your right to object to the processing of your data (see above).

When you have consented to the collection, processing, and transfer of your personal information for a specific purpose, you have the right to withdraw your consent to this data processing at any time. Once we receive notification of the withdrawal of your consent, we will no longer process your information for the purpose(s) for which you gave your consent unless we have a legitimate reason to do so.

You can request the transfer of your personal information for your benefit or for the benefit of another data controller in an electronic and structured format (right to data portability).

12.1.7. Right of access and rectification  

We undertake to recognize the right of access and rectification to persons concerned who wish to consult, modify, or even delete information about them.

You can request access to your personal information (commonly known as a "request for access to personal data"). This request allows you to receive a copy of the personal information we hold about you and verify that we process this data lawfully.

You can also request information to find out if we have personal information about you and, if so, what that information is and why we keep/use it.

You can also request the correction of the personal information we hold about you. This allows you to correct any incomplete or inaccurate information we hold about you. 

12.1.8. Right to limit processing 

You can request the limitation of the processing of your personal information. This allows you to ask us to suspend the processing of your personal information, for example, if you want to establish the accuracy or reason for processing the data. 

12.1.9. Request to exercise rights  

To exercise these rights, you can contact our Data Protection Officer (DPO) via the email address gdpr@inextenso-belux.com.

Your request will be processed within one month after your identity is confirmed.

You will not have to pay any fees to access your personal information (or to exercise any of your other rights). However, we may charge you a reasonable fee if your access request is clearly unfounded or excessive. We may also refuse to comply with your request in these circumstances.

We may ask for specific information to help us confirm your identity and ensure your right to access this information (or to exercise any other of your rights). This is a security measure to ensure that your personal information is not disclosed to an unauthorized person.

You can also file a complaint with the National Commission for Data Protection (CNPD) if you believe that your rights are not being respected. 

 12.2. COOKIE POLICY 

During your first connection to the website http://www.inextenso-belux.com/, you are informed by a banner at the bottom of your screen that information about your navigation may be recorded in files called "cookies". Our cookie use policy allows you to better understand the provisions we implement for browsing on our website.  

12.2.1. General information about cookies on the VO Consulting website 

VO Consulting, as the publisher of this website, may place a cookie on the hard drive of your terminal (computer, tablet, mobile, etc.) to ensure smooth and optimal navigation on our website.

"Cookies" (or login tokens) are small text files of limited size that allow us to recognize your computer, tablet, or mobile for the purpose of personalizing the services we offer you.

The information collected through cookies does not in any way allow you to be identified by name. It is used exclusively for our own needs to improve the interactivity and performance of our website and to send you content tailored to your interests. None of this information is communicated to third parties.

To better inform you about the information that cookies identify, you will find below the different types of cookies that may be used on the website http://www.inextenso-belux.com/, their names, purposes, and duration of conservation. 

12.2.2. Configuring your cookie preferences 

During your first connection to the VO Consulting website, a banner briefly presenting information about the deposit of cookies and similar technologies appears at the bottom of your screen. This banner warns you that by browsing this website, VO Consulting uses cookies. However, these cookies do not contain any personal data and do not require the explicit consent of the user.

We use the following types of cookies on our website, among others: 

  • Statistical cookies: These cookies are used to generate statistical data on how the visitor uses the website.  
  • Session cookies: These allow the site http://www.inextenso-belux.com/ to function.  

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