TERMS & CONDITIONS
These general terms and conditions of business govern the contractual relationships between you, the Client, and us, L.V.P. Advogados, SP, RL (hereinafter “LVP Advogados”). They are subject to applicable law and regulations and, as the case may be, to the specific provisions of our engagement.
1. Investment Advice
Investment advice is a regulated activity and we are not authorised to carry it out, except as consented to Lawyers under the law. Consequently we will not otherwise provide you with any investment advice and nothing we may say or recommend can be construed as investment advice. We will provide regulatory information and legal advice as you may request from time to time, but any decision you may make to invest in a particular asset is to be reached by you independently or under advice from an authorised investment adviser. For this purpose, we may introduce you to an authorised investment adviser, but they shall be solely responsible for the advice they may provide.
2. Accounting Advice
Accounting is a regulated activity and we are not authorised to carry it out. Consequently we will not provide you with any accounting advice and nothing we may say or recommend can be construed as accounting advice. We will provide regulatory information and legal advice as you may request from time to time, but any decision you may make regarding your accounting affairs is to be reached by you independently or under advice from an authorised accountant. For this purpose, we may introduce you to an authorised accountant, but they shall be solely responsible for the advice they may provide.
3. Belion Network
“Belion” is a registered trademark and the brand under which many dedicated professionals in independent firms throughout different countries collaborate to provide professional services to selected clients. Such firms are members of Belion Network Ltd, a UK private company limited by guarantee (“BNL”), which does not provide services to clients. Each BNL member firm provides services in particular geographic areas and is subject to the laws and professional regulations of the particular country or countries in which it operates. Each BNL member firm is structured in accordance with national laws, regulations, customary practice, and other factors, and may secure the provision of professional services in its territory through other related entities. Not every BNL member firm provides all services, and certain services may not be available under locally applicable rules and regulations. BNL and each BNL member firm are legally separate and independent entities, which cannot obligate each other. BNL and each BNL member firm are liable only for their own acts and omissions, and not those of each other.
4. Data Protection
To enable us to discharge the services agreed under an engagement, and for other related purposes including updating and enhancing client records, analysis for management purposes and statutory returns, crime prevention and legal and regulatory compliance, we may obtain, use, process and disclose personal data about you, in accordance with our Privacy Policy .
5. Retention of Records
During the course of our work we will collect information from you and others acting on your behalf and will, unless you advise us otherwise, retain any documents following the completion of the project. We will normally retain them for seven years. Whilst certain documents may legally belong to you, we intend to destroy correspondence and other documents that we store which are more than seven years old, other than documents which we consider at our discretion to be of continuing significance. You must tell us if you require retention of a particular document.
6. Quality of Service
Our services are performed by fully qualified practitioners, as appropriate, who we may employ and/or subcontract at our sole discretion. We aim to provide a high quality of service at all times. If you would like to discuss with us how our service could be improved or if you are dissatisfied with the service you are receiving please let us know. We undertake to look into any complaint carefully and promptly and to do all we can to correct the situation and/or explain the position to you.
7. Orders and Payment
Your orders are deemed as placed and accepted upon our written confirmation and payment for our relevant invoice. Our invoices are payable on presentation. We reserve the right to charge interest at 2% per year over base rate in the case of overdue accounts. We may terminate our engagement and cease acting if payment of any fees billed is unduly delayed.
8. Refunds
In the event our engagement ends for whatever reason we shall be under no obligation to refund any fee payments we may have received, but we will immediately refund any funds you may have entrusted us with aimed at making payments on your behalf to third parties, such as the Government, property vendors or suppliers.
9. Copyright
The information which we provide to you under the terms of an engagement is for your sole use and you may not communicate it to any third party except if the sole purpose of such communication is to seek advice from legal, financial and other professionals.
10. Limitation of Liability
We will provide the professional services outlined in an email or letter of engagement with reasonable care and skill. However, we will not be responsible for any losses, penalties, surcharges, interest or tax liabilities arising from the supply by you or others of incorrect or incomplete information, or from the use by you or others of any information we supply. Our firm's professional liability is limited by law to our professional indemnity insurance cover and you are welcome to request details thereof.
11. Applicable Law
Our engagement is governed by, and construed in accordance with, Portuguese law. The Courts of Lisbon will have exclusive jurisdiction in relation to any claim, dispute or difference concerning the engagement and any matter arising from it. Each party irrevocably waives any right it may have to object to any action being brought in those courts, to claim that the action has been brought in an inappropriate forum, or to claim that those courts do not have jurisdiction.
12. Contracts (Rights of Third Parties)
A person who is not party to our agreement shall have no right to enforce any term of the agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise that pursuant to the law.