Terms and conditions

§ 1 Scope

These general terms and conditions apply to all fiduciary and escrow services provided by Valoris Management GmbH, Kurfürstendamm 11, 10719 Berlin (“Valoris”) to its clients.

The mandate or escrow agreement concluded in each individual case takes precedence over these terms. Deviating terms of the client apply only if Valoris expressly agrees to them in writing.

§ 2 Conclusion of contract

The presentation of services on this website does not constitute a binding offer. A mandate is only concluded once all parties have signed a mandate or escrow agreement.

Valoris may decline mandates without giving reasons, in particular if the legally required review of the parties cannot be completed.

§ 3 Scope of services

The nature and scope of the services are set out in the mandate agreement. Valoris acts exclusively within the agreed instructions and authority.

Valoris does not provide legal, tax or investment advice.

§ 4 Special provisions for escrow mandates

• Deposited assets are released only in accordance with the conditions set out in the escrow agreement or upon joint written instruction from all parties.
• Valoris only checks whether the agreed evidence is available. Valoris is not obliged to review the quality, freedom from defects or validity of the underlying transaction.
• In the event of disputes between the parties, Valoris may withhold the deposited assets until a joint instruction or a final court decision is received.

§ 5 Client’s duty to cooperate

The client provides Valoris with all information and documents required for execution completely, correctly and in good time. This includes in particular the information and evidence required under the Anti-Money Laundering Act.

The client notifies Valoris without delay of any changes relevant to the mandate.

§ 6 Fees

Fees are set out in the mandate agreement. Unless otherwise agreed, all amounts are subject to statutory VAT. Necessary expenses, such as bank charges, are charged separately as agreed.

§ 7 Confidentiality

Valoris treats all information received in connection with the mandate as confidential. This does not apply where disclosure is required by law or ordered by an authority.

§ 8 Liability

Valoris is liable without limitation for damage resulting from injury to life, body or health and for damage caused intentionally or through gross negligence.

In the event of a slightly negligent breach of material contractual obligations, liability is limited to the typical, foreseeable damage. Otherwise, liability for slight negligence is excluded. Deviating provisions in the mandate agreement remain unaffected.

§ 9 Term and termination

The term and termination are governed by the mandate agreement. The right to extraordinary termination for good cause remains unaffected.

Upon termination, Valoris hands over mandate-related documents and deposited assets in accordance with the agreed provisions.

§ 10 Data protection

Information on the processing of personal data can be found in our privacy policy.

§ 11 Final provisions

The law of the Federal Republic of Germany applies.

If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Berlin.

Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.