de Beaumont Finances S.R.L whosebrand name is Stratego Finance, hereinafter referred as Stratego Finance is acompany established in May 2001 under the laws of the Kingdom of Belgium, withregistered office in 1060 Brussels, Avenue Brugmann 12A, and company n° 0474.848.157.Its commercial name can be either Stratego Finance or Stratego.
Stratego Finance may, for theperformance of its services, entrust parts of its missions to sub-contractorsor partners under the supervision of Stratego Finance The client agrees that any informationprovided by him to Stratego Finance may, for the performance of the services,be shared with those sub-contractors and partners.
The present general conditions areapplicable to all the services performed by Stratego Finance.Whenever a clientcalls upon the services of Stratego Finance , he is deemed to know and acceptthe present general conditions and to waive applicability of his own standardprovisions.
All relationships between StrategoFinance and its clients, or generally all those making use of its services, aregoverned by the laws of Belgium. Disputes shall be submitted exclusively to thecompetent courts of Brussels in the French language.
These terms and conditions arestipulated not only for the benefit of Stratego Finance, but also for thebenefit of its partners and sub-contractors, including the directors thereof,and of all personnel of and other persons working for Stratego Finance.
Stratego Finance performs its services in accordance with generally agreed industry standards and within a reasonable period of time. Stratego Finance ’s obligations are not – unless specifically agreed otherwise – obligations to achieve a determined result. In case of specific agreed deadlines, Stratego Finance shall deploy its reasonable efforts to observe these ones. In any event Stratego Finance cannot be held responsible for non-observance of these deadlines if due to client’s or third party’s behavior or in case of force majeure.
Stratego Finance is authorised to suspend one or several of its obligations or to partially or totally terminate a mission without having to indemnify the client in exceptional circumstances and/or in the event of a force majeure (such as – without being limited to – war, troubles, destruction by fire or other means, legal or governmental decisions, total or partial non-performance of Stratego Finance suppliers, sub-contractors or partners, strike or lock-out, interruptions of the means of (tele)communication, etc.), whether this force majeure affects Stratego Finance, its sub-contractors or partners or the client. The obligation to pay a sum of money is never affected by force majeure.
Without prejudice to Stratego Finance’s other rights, Stratego Finance reserves the right to suspend or partially or completely cancel the contract with the client in case of:
(i) bankruptcy, liquidation or payment problems experienced by the client;
(ii) attachment, affixing of seals, etc. on the client’s assets;
(iii) change of control or change of management within the client;
(iv) if after prior notice, the client does not fulfil any of its contractual obligations;
this without prejudice to Stratego Finance ’s right to claim indemnification of all damages suffered.
All intellectual property rights on deliverables produced by Stratego Finance (its sub-contractors or partners) whilst performing the services, as well as on their processes, means, preparatory works, etc. remain vested with Stratego Finance and are not transferred to the client. Any deliverables can only be used or reproduced by the client upon the prior written consent of Stratego Finance.
Stratego Finance, its sub-contractors or partners shall only be liable, whether contractually or in tort, for damages caused to the client or any other person, in case of gross negligence or fraud. Should Stratego Finance by liable, it shall not indemnify unforeseen, indirect or consecutive damages, including – without being limited to – loss of earnings, reduction of value, loss of goodwill, etc., even if such damages are a direct consequence of the fault. In any events, the aggregate liability of Stratego Finance per occurrence and per civil year is limited to the amount of fees (excl. VAT) which have been invoiced to the client during the period of 12 months prior to the date the fault was committed.
The following fees will be charged to the client on a time-spent basis ( per hour) :
Partner : 280/350 euros
Manager : 200 euros
Analyst : 100-150 euros
These fees do not include 5% for office costs and 21% Belgian V.A.T. For budgeted amount, weighted average rate or blended rate can be applied.
They are valid as per January 1st, 2022
These fees are amended by Stratego Finance from time to time and services shall be invoiced at all times at the rates applicable on the invoice date. Stratego Finance reserves its right to request a down-payment before any provision of services. Any claim regarding an invoice must be addressed to Stratego Finance by registered mail within 8 days from the date of the invoice. Failing to do so, the invoice is deemed to be irrevocably accepted.
The invoices are payable on Stratego Finance’s bank account within 30 days as of the invoice date. In case of late payment, invoices shall be increased, without prior notice, by an interest of 12 % per annum and a complementary indemnity which shall not be less than 15% of the amount of the invoice. Payment costs and currency exchange fees are at client’s charge.
Any disputes arising out of or in connection with these general conditions shall be submitted to the competence of the Brussels Commercial Court ( Tribunal de l’Entreprise).