BUSINESS TERMS & CONDITIONS

Boston, Sept. 2021


You accept our standard terms and conditions and service offer irrevocable verbally, in writing, by signing and returning a copy of this document or by making payment of the proposed fees. 

Any offer from us, either oral or in writing is valid for 7 (seven) days, from the proposal date. These terms apply at any time during pre-contractual conversations, and for any services performed prior to its acceptance and during any and all services during our activities for you.

In the event these terms are translated into any language other than English, the English version will govern, the translated version is for convenience only and will not be interpreted to modify the English version. 

1. YOUR INSTRUCTIONS
 

When you instruct us on a new matter, we will confirm your instructions and set out the scope of services you have requested and the fee arrangements that will apply for that matter. Only what exactly is confirmed by writing either as Email, Letter or Fax, is binding as service delivered by Artefaktum. Any further service added by client during the project which is not included in the exclusive written order confirmation will be invoiced. otherwise these additional services and offers are not binding at any time and will not be seen as given or as a free service. It is important that you really carefully check the content and meaning of our written order confirmation. 

For us to provide our services effectively, you must act reasonably and provide us with full, accurate and timely instructions, including all necessary documents and information. You agree to take reason-able care to protect your own interests and to assess the commercial soundness of the matter and the integrity and financial condition of other parties who may be involved in the matter.


2. OUR PROFESSIONAL FEES
 

Except as otherwise specified for a particular matter, we will either offer you a per-calculated fixed amount, which can be adapted during the projects in case there is a larger inequality between performance and actual efforts or calculate and charge fees for each matter based on the time spent by our professional staff according to their hourly rates current from time to time. The differences in the rates reflect the experience and specialization of our professional staff.

From time to time, including at the end of each financial year, we review our hourly rates and expenses and may increase or change them depending on market conditions and other factors. You agree that any such change does not vary this agreement. We will try to advise you if the hourly rates of the professional staff working on any of your matters change following any review. If you do not accept the changed hourly rates, you must promptly tell us, and you can terminate our engagement for any and all of your matters if you wish. 

If the circumstances warrant it, we may wish to charge an additional fee premium to reflect the nature,  importance or special responsibility of the matter, the complexity, novelty or difficulty of the issues involved, the urgency or the level of resources required of us and the benefits to you of our knowledge, skill and experience. We will only charge a premium if you agree to it. 

If we agree a fixed fee for a particular matter, we will charge that fee for the agreed scope of services. We will charge for work which falls outside that scope on an hourly or daily rate basis as explained above. We do not offer success-fee only services.

3. EXPENSES

In addition to our professional fees (Price List), you may incur expenses for goods and services supplied by us or by third parties in the course of working on any of your matters. 

We may charge you for additional required services supplied by us in the course of working on any of your matters. These services may include cyber intelligence, document production, travel and registration checks including searching, lodging, filing, collection, stamping and inquiry services. 

You must also pay us any other expenses which we incur in acting for you in any of your matters, including the amount charged by third parties for goods and services supplied in the course of working on any matter. These expenses will be charged to you at cost. You irrevocably promise the payment of the cost invoice upon presentation, with the submission of immediate foreclosure, which will arise within the framework described in Section 3

4. PROCEDURE AFTER COMMISSIONING  

Artefaktum starts immediately with the internal project management and distributes the work to be done to the appropriate specialists. These specialists research and examine processes and then discuss the further procedure in team meetings and compile their results in order to produce a preliminary version and, after renewed checking by the check-up team, to transfer this to a final version, which can then be viewed by the client in the Cient area. There is no guarantee at any point that the execution of the results are complete, correct or sufficient. 

There is also the possibility of sworn expert opinions, which are then in full execution “to the best of our knowledge and belief” factually and technically correct, alledrings also expert opinions can not be complete, because facts are in constant change, knowledge is not available or simply can not be determined. Expert opinions are invoiced and are usually recognized by all courts and can also be presented in court in the context of witness examination of an Artefaktum employee. The costs incurred in this case will be charged to the client.

5. PERIOD OF THE COMMISSIONED WORK

There are individual cases that can be completely clarified, determined, and reported within a very short period of time, e.g. 1-4 weeks, and there are cases that can take up to one or more weeks due to the complexity and data situation. Even if our experts give a first-time estimate, this is never conclusive or binding.

6. VAT and TAX


 Where the service we provide to you is subject to VAT, we will charge you VAT at the applicable rate (currently 20%). Where we decide that our service is VAT-free, we will not charge VAT.

If VAT is ultimately found to be payable, we will charge you the outstanding VAT plus, to the extent you are responsible, any penalties and interest charged by HM Revenue & Customs for late payment of VAT. In the course of working on any of your matters, we may incur expenses and provide non-professional services. We will on-charge to you the expenses and charge you for the non-professional services (in each case net of any input tax credits that we are able to claim) and, subject to the terms below regarding agency expenses, we will charge VAT on these amounts.

We may incur expenses in acting as your agent, some of which will be subject to VAT and some of which will not be subject to VAT. If you are registered for VAT, any expenses that are subject to VAT will be treated as expenses incurred by us and, the expenses (net of input tax credits) will be charged to you plus VAT.

Expenses that are not subject to VAT will be treated as having been incurred by us as your agent and the expenses without VAT will be charged to you. If you are not registered for VAT, all these expenses (whether subject to VAT or not) will be treated as incurred by us as your agent. We will pass on the expenses including any VAT.

7. BILLING PROCEDURES 

Where charges for services are not settled before commencement of work the procedures for billing will apply as outlined below. 

For each of your matters, we will usually send you invoices for the agreed fixed amount or on a monthly basis and on the completion of the matter (or the termination of our engagement). We may also send you an invoice when we incur a substantial expense as described in section 3. If you request us to provide further itemization of an invoice, we may charge for the time incurred in providing that itemization. 

Our invoices are payable within 7 days of the date of the invoice. If an invoice remains unpaid for 30 days or more after we have given the invoice to you, we may charge interest on the unpaid amount from the date beginning 30 days after we have given the invoice to you until payment in full. The interest rate of 8% per annum which will apply to any unpaid costs in a matter is the rate payable on judgments of the British High Court as fixed from time to time by rules of court made under the County Courts Act 1984, Senior Courts Act 1981.  

Although you may expect to be reimbursed by a third party for our fees and expenses, we do not have any recourse against third parties for our fees and expenses. You must pay us as set out in this agreement even if payment to you by a third party is delayed or not received. 

We may ask you from time to time for an advance payment on account of future costs to be incurred by you in a matter. We will advise you of the amount and the date by which payment is required. 

We may decide not to commence or continue work until the payment is received. If the amount requested is not paid by the required date, we may terminate our engagement under clause 6. 

8. TERMINATION OF CONTRACT

You may terminate our engagement for any or all of your matters at any time by giving us written notice by registered letter only. We may terminate our engagement for any of your matters by giving you written notice for any of the following reasons:

a)  you do not provide us with adequate instructions

b)  you instruct us to act unlawfully or in breach of our professional responsibilities

c)  we decide that due to an actual or potential conflict with you or a client, or a conflict of interest, our professional responsibilities require us to withdraw from the matter

c)  you do not pay in full our invoices within 14 days of the date of the invoice, based on these Terms & Conditions.

d)  you add misleading or special investigation tasks in an unnormal amount and scope

e)  you notify us that you object to a variation of this agreement under clauses 7 and/or 8

f)  you threaten legal action because of dissatisfaction with the procedure, work, or actions of our staff

g)  any other just cause valid or required by law

We may also terminate our engagement for any or all of your matters by giving you reasonable written notice of our intention to terminate. Whether either of us terminates our engagement, you must immediately pay all our fees and expenses incurred up to the date of termination. For a fixed fee matter, you must immediately pay us all charges and expenses and that part of the fixed fee which we reasonably estimate has been incurred for the services provided up to the date of termination, refunds of fees are excluded for any reason 

We can and have the right to retain your recovered assets, property , investigation results, and documents until all money due to us in respect of all of your matters has been paid (including after our engagement has been terminated in accordance with this clause). This right survives your bankruptcy or liquidation, subject to any applicable legislation.

9. LIABILITY

Given the inherent risk and unpredictability in the nature of our work, we do not guarantee any results at any time. To reflect the inherent risk in the work we undertake for you, you agree to indemnify us against any claim brought against, or loss suffered or incurred by, us. We will not be liable for any damage incurred by you at any time and for any reason.

10. CONFIDENTIALITY


We agree to treat all your information on a strictly confidential basis. You must keep all information confidential relating to this case to include all communications both verbal and written. You agree not to disclose any information to any third party other than those third parties required by law or for the purposes of obtaining independent legal advice, without prior written consent from Artefaktum management.

11. PRIVACY

Please refer to our Privacy Policy available on our website

12. VARIATION OF AGREEMENT 

From time to time, we may wish to vary this agreement in relation to all of your matters generally (including all current matters). If we seek to vary this agreement, we will forward and publish the new terms and the effective date from which they will apply. 

Unless you notify us that you object, we will treat your continued instructions as your acceptance of the new terms. 

13. QUERIES OR COMPLAINTS


If you have any queries or complaints about the conduct of any of your matters or your costs, please do not hesitate to contact us and we will seek to resolve your concerns based on this Terms & Conditions.

14. EXCLUSIVE PLACE OF JURISDICTION

The exclusive place of jurisdiction for the contractual cooperation and the execution of the work and services from the contract and these Terms & Conditions is  US trade law and the jurisdiction exclusively of the State Colorado, Court of Appeals Golden. 

Contact Legal & Compliance Department

ARTEFAKTUM LLC
177 Huntington Ave Ste 1703
PMB 55172 / Chief Compliance Officer
Boston, MA 02115
United States of America
T: +1 617 861 9250
E: mail@artefaktum.net

Doc._Nr. 281_929.2021/ALS

Replaces former document.
Boston, Sept. 2021

This BOT can be provided as a printed version either by postal service or as PDF on request