Loyens & Loeff Luxembourg S.à r.l.
- All services are provided by LOYENS & LOEFF LUXEMBOURG SARL, a private limited liability company (société à responsabilité limitée), with registered office at 18-20, rue Edward Steichen, L-2540 Luxembourg and registered with the Luxembourg Register of Commerce and Companies (Registre de Commerce et des Sociétés, Luxembourg) under number B 174.248. All addressees acknowledge that our services are governed by these general terms and conditions, which include, amongst other matters: a limitation of liability; the applicability of Luxembourg law; and the competence of Luxembourg courts.
- In accordance with general professional custom, certain persons who perform professional services for LOYENS & LOEFF LUXEMBOURG SARL may be referred to in correspondence or otherwise as “partner”. Any person referred to as “partner” does not act in any personal capacity whatsoever and acts exclusively for the account and risk of LOYENS & LOEFF LUXEMBOURG SARL in performing all professional services. Titles allocated under professional custom to individuals performing services for LOYENS & LOEFF LUXEMBOURG SARL can be found on our website.
- LOYENS & LOEFF LUXEMBOURG SARL processes certain personal data in the course of the provision of its services. For further information about the way LOYENS & LOEFF LUXEMBOURG SARL processes personal data, we refer to our Privacy Statement available on our website. If personal data of any other persons is provided to us by you, a copy of our Privacy Statement should be provided by you to these persons.
- LOYENS & LOEFF LUXEMBOURG SARL may share personal and other information, including, but not limited to, confidential information, with related persons operating under the name “Loyens & Loeff”, but only to the extent these related persons are also subject to a confidentiality obligation. Related persons include, amongst others, any (former) fee-earners, staff, counsels, shareholders, partners, subsidiaries and affiliated entities, including other entities operating under the name Loyens & Loeff.
- Any liability of LOYENS & LOEFF LUXEMBOURG SARL resulting from services rendered by or under the responsibility of tax advisors, is limited to the lower of (i) three times the fees paid and/or owed by you for the services rendered under the engagement, or (ii) EUR 2,500,000. For this clause, the reference to tax advisors includes lawyers such as avocats and avocats à la Cour who provide tax advisory services.
- Any liability of LOYENS & LOEFF LUXEMBOURG SARL to which clause 5 is not applicable, is limited to the amount paid by the insurer under the applicable professional liability insurance policy, increased by the amount of the deductible that is not for the account of the insurer under the policy terms and conditions. If the insurer does not pay any amounts, our liability is in all circumstances limited to EUR 2,500,000.
- If any third party files a claim against LOYENS & LOEFF LUXEMBOURG SARL related to or in connection with the provision of services by LOYENS & LOEFF LUXEMBOURG SARL to a client, that client will indemnify LOYENS & LOEFF LUXEMBOURG SARL insofar as the liability of LOYENS & LOEFF LUXEMBOURG SARL under such claim is greater than the liability of LOYENS & LOEFF LUXEMBOURG SARL towards that client for the services provided by LOYENS & LOEFF LUXEMBOURG SARL to that client. For the sake of clarity, third parties include any persons related to the client.
- The right of any claimant to claim compensation for any damage of any nature whatsoever arising from the engagement with LOYENS & LOEFF LUXEMBOURG SARL, shall terminate thirty six months after the date upon which the claimant discovered, or should reasonably have discovered, the occurrence of the event that caused, whether directly or indirectly, the damages for which it claims LOYENS & LOEFF LUXEMBOURG SARL is liable. This limitation shall apply equally where any compensation is claimed for damages on the grounds of a right taken over or acquired from a third party.
- Your relationship with LOYENS & LOEFF LUXEMBOURG SARL shall be governed exclusively by, and construed exclusively in accordance with, the laws of the Grand Duchy of Luxembourg. The Courts of Luxembourg City, Luxembourg, shall have exclusive jurisdiction for any disputes with LOYENS & LOEFF LUXEMBOURG SARL. LOYENS & LOEFF LUXEMBOURG SARL shall retain the ability to take any legal action in a court of law that would have had jurisdiction over disputes with LOYENS & LOEFF LUXEMBOURG SARL in the absence of this exclusive jurisdiction provision.