Legal notice, terms of use and terms of sale

This page brings together all the legal and contractual information for the thehorizonfounder.com website.

• Part I — Legal notice
• Part II — Website terms of use
• Part III — Terms and conditions of sale and service

Part I — Legal notice

1. Website publisher

QUANTIK BUSINESS AND CONSULTING LTD
A private company limited by shares incorporated under the laws of Mauritius
Incorporated on 17 December 2020 at the Registrar of Companies of the Republic of Mauritius
Business Registration Number (BRN): C20177192
Registered office: Port Louis, Republic of Mauritius
Email: quantikbc@protonmail.com
Website operated: thehorizonfounder.com

Publication manager: the legal representative of Quantik Business and Consulting Ltd.

"The Horizon Founder" is a trading name used by the company. It does not constitute a separate legal entity.

2. Hosting

This website is hosted by OVH SAS, 2 rue Kellermann, 59100 Roubaix, France. Telephone: +33 9 72 10 10 07.

3. Intellectual property

All elements of this website (texts, articles, guides, images, graphics, logo, trade mark, structure, code) are protected by intellectual property law and remain the exclusive property of the publisher or its licensors. Any reproduction, representation, adaptation, translation, extraction or reuse, in whole or in part, is prohibited without prior written authorisation. This applies in particular to automated content extraction. Quoting an extract is permitted provided the source is clearly stated together with a link to the original page.

4. Personal data

The processing of personal data is described in the privacy policy, which sets out the purposes, legal bases, retention periods, recipients, transfers outside the European Union and your rights.

Part II — Website terms of use

5. Purpose and acceptance

These terms govern access to and use of the thehorizonfounder.com website. Any browsing constitutes acceptance of these terms. Users who do not accept them are invited not to use the website. They are distinct from the terms and conditions of sale set out in Part III, which govern the contractual relationship where a service is ordered.

6. Access to the website

The website is freely accessible, connection and equipment costs remaining the user's responsibility. The publisher endeavours to ensure its availability without being bound by any obligation of result. Access may be interrupted, in particular for maintenance, updates, technical incidents or the act of a third party, without giving rise to any right to compensation.

7. Nature of the published content

The content published on this website, including articles, guides and downloadable documents, is of an exclusively informative and general nature.

It does not constitute personalised legal, tax, accounting, financial, wealth-management or investment advice, nor a recommendation, nor an offer. It is provided without any warranty of accuracy, completeness or currency, regulations being subject to constant change.

The publisher carries out no regulated activity. It is neither a chartered accountant, nor a lawyer, nor a tax adviser, nor an investment adviser, nor a wealth-management adviser, nor an insurance or banking intermediary.

The rates, ranges, worked figures and case studies presented describe situations that are possible depending on profile and country of residence. They constitute neither an undertaking nor a promise of result. No decision should be taken on the sole basis of the website's content. Users are invited to consult their own advisers before taking any decision.

8. Prohibited use

The following are prohibited in particular: any attempt at unauthorised access to the website or its systems, any action liable to disrupt its operation, the systematic extraction of its content, its use for unlawful purposes, and the reproduction of its content for commercial purposes.

9. Hyperlinks

Links to third-party websites are provided for convenience. The publisher exercises no control over those websites and disclaims all liability as to their content, availability and data practices. Creating a link to this website is permitted provided it does not harm the publisher's image and does not mislead as to the existence of a partnership.

Part III — Terms and conditions of sale and service

This part constitutes the contract applicable where a service is ordered. It has its own article numbering.

Article 1 — Identity of the Provider

These terms and conditions govern all services supplied by:

QUANTIK BUSINESS AND CONSULTING LTD
A private company limited by shares (société privée à responsabilité limitée par actions) incorporated under the laws of Mauritius
Registered on 17 December 2020 with the Registrar of Companies of the Republic of Mauritius
Business Registration Number (BRN): C20177192
Registered office: Port Louis, Republic of Mauritius
Email address: quantikbc@protonmail.com
Website operated: thehorizonfounder.com

Hereinafter "the Provider". "The Horizon Founder" is a trading name operated by the Provider and does not constitute a separate legal entity.

The contracting counterparty is hereinafter referred to as "the Client".

Article 2 — Purpose and scope

These terms and conditions apply to any order for services placed with the Provider, to the exclusion of any other terms, in particular those appearing in the Client's own documents (purchase orders, terms of purchase, emails), save with the Provider's express written acceptance.

Any order implies unreserved acceptance of these terms and conditions. The Client acknowledges having read them before the conclusion of the contract and declares that it has the legal capacity to contract.

The signed quotation or purchase order, these terms and conditions and, where applicable, the terms specific to the partners referred to in Article 5 constitute the entire agreement between the parties. In the event of any contradiction, the signed quotation prevails over these terms and conditions, which in turn prevail over any other document.

Article 3 — Nature of the service: administrative and coordination services

3.1 The Provider carries on a business of administrative, support and coordination services to companies. Its own service consists in:

• collecting and formatting the information and documents required for the Client's formalities;
• ordering from the partners referred to in Article 5 the technical services required, and coordinating their performance;
• monitoring the timetable of filing and administrative obligations;
• compiling and submitting payment account or bank account opening applications;
• acting as the Client's single point of contact with all parties involved;
• passing on to the Client, as issued, the analyses, opinions and recommendations of the partners, identified as emanating from them and without adding any assessment of its own.

3.2 No regulated advice. The Provider carries on no regulated activity. It is not, and does not hold itself out to be:

• a chartered accountant, statutory auditor or member of a professional accountancy body;
• a lawyer, notary or member of a regulated legal profession;
• a tax adviser, and it provides no legal or tax consultation on a habitual and remunerated basis;
• a financial investment adviser, wealth management adviser, intermediary in banking operations and payment services, insurance intermediary, or tied agent of an investment services provider;
• a credit institution, a payment institution, or a digital asset service provider.

3.3 The Provider provides the Client with no personalised legal, tax, accounting, financial, wealth management or investment advice. It neither recommends nor markets any financial instrument, insurance contract, investment or savings product, and receives no remuneration from third parties in that respect.

3.4 The documents, notes, tables, timetables and materials delivered by the Provider under its own service are informative and organisational in nature. They do not constitute professional advice and cannot on their own form the basis of a decision by the Client. Any legal, tax or financial decision falls within the Client's sole judgement, informed where appropriate by the opinions of the partners or of the Client's own advisers.

3.5 The Client acknowledges having been informed of the exact nature of the service before the conclusion of the contract and waives any claim that the Provider acted in the capacity of a regulated adviser.

Article 4 — Services included and excluded

4.1 Included — within the limits of the signed quotation:

• incorporation and registration of the company with the competent registry;
• provision of a registered office address (registered office) and of a director's correspondence address (service address);
• compilation and submission of the account opening application, on the terms of Article 8;
• ordering and coordination of the accounting and filing services performed by the partners;
• monitoring of statutory deadlines and reminders to the Client;
• day-to-day administrative assistance in writing for the duration of the contract.

4.2 Expressly excluded, save as otherwise agreed in writing:

• any personalised legal or tax consultation, in any jurisdiction whatsoever;
• tax advice in the Client's country of residence, as well as the analysis of the Client's personal tax situation;
• the preparation and signature of annual accounts and tax returns, which fall to the accredited partners;
• statutory audit and any certification engagement;
• the representation or assistance of the Client before a tax authority, a court or a regulator;
• investment, savings, insurance or wealth management advice;
• the Client's personal filings in its country of residence;
• payroll management, specific sector licences, group restructuring;
• any arrangement lacking genuine economic substance or whose purpose would be to evade tax in breach of the applicable law.

4.3 Any service not mentioned in the quotation is subject to a prior supplementary quotation.

Article 5 — Use of accredited partners

5.1 Services falling within a regulated profession or requiring a licence are not performed by the Provider. They are entrusted to independent partners holding, in their jurisdiction, the required accreditations, licences or professional registrations, namely:

• an accountancy firm established in the United Kingdom, registered with a British professional accountancy body, for bookkeeping, the preparation and filing of annual accounts with Companies House, the CT600 return to HMRC and VAT and PAYE returns;
• a corporate services company holding the required authorisations, for the provision of the registered office, the director's correspondence address and the formalities with the companies registry.

The full identity of the partner or partners assigned to the Client's file (corporate name, country of establishment, accrediting body and registration or licence number) is communicated to the Client in writing at onboarding, and at any time on simple request. It appears in an annex to the signed quotation. It is not published on the website, without this affecting the Client's right to be informed of it.

5.2 These services are performed under the sole professional responsibility of the partner concerned, in that partner's name, and are subject to its own terms and its own professional indemnity insurance. The corresponding deliverables (annual accounts, returns, tax opinions) are issued in the partner's name.

5.3 In respect of these services, the Provider acts as the Client's agent to order them, coordinate them and monitor their performance. The Client gives the Provider a mandate to contract in its name with the partners referred to in 5.1 and to pass on to them the necessary information and documents. The Provider's liability in this respect is limited to the diligent selection of the partner and the monitoring of performance; it does not extend to the content or the quality of the regulated act itself.

5.4 The Provider reserves the right to replace one partner with another of equivalent qualification, without such change constituting a variation of the contract.

5.5 Non-circumvention. For the duration of the contract and for twenty-four (24) months after its termination, the Client undertakes not to contract directly, or through any intermediary, with the partners introduced to it by the Provider, for services identical or similar to those covered by the contract, without the Provider's prior written consent. In the event of breach, the Client shall owe the Provider a fixed indemnity equal to twelve (12) months of subscription at the rate then in force. This Article 5.5 applies only to a Client contracting for the purposes of its professional activity; it is not enforceable against a Client who is a consumer.

Article 6 — Client's obligations and representations

6.1 The Client shall provide, within the time limits requested, all necessary information and documents, and warrants their accuracy, completeness and currency. The Client shall inform the Provider without delay of any change affecting its situation, in particular as regards tax residence, activity, shareholding or beneficial ownership.

6.2 The Client represents and warrants:

• that its tax residence is that which it has declared to the Provider;
• that the funds and the activity concerned have a lawful origin and purpose;
• that it is not acting on behalf of an undisclosed third party;
• that it is not, and will not become, a person subject to international sanctions;
• that it remains solely responsible for its filing obligations in any State where it has such obligations.

6.3 The Client acknowledges having been invited to consult its own advisers (lawyer, chartered accountant, tax specialist) prior to any decision, and acknowledges that the Provider is not a substitute for them.

6.4 The Client expressly approves, in writing, each step and each act binding its company. No act is carried out without its prior approval.

6.5 The Provider cannot be held liable for the consequences of inaccurate, incomplete, late or misleading information supplied by the Client, nor for any delay resulting from the failure to send the requested documents.

Article 7 — Compliance, KYC and anti-money laundering

7.1 Entering into a business relationship is subject to the delivery and validation of the identification documents of the Client and of its beneficial owners, as well as to evidence of the origin of the funds and of the reality of the activity.

7.2 The Provider may, at any time, refuse to enter into a business relationship, suspend or terminate the contract automatically and without notice if:

• the requested documents are not provided or are doubtful;
• any declared information proves to be inaccurate;
• the Client's activity, jurisdiction or profile presents a risk which the Provider or its partners consider they cannot cover;
• the Client requests a transaction which the Provider considers contrary to applicable law or to its internal rules.

7.3 In the cases referred to in 7.2, the sums corresponding to services already performed and to costs already incurred remain due to the Provider. The Provider is not required to give reasons for its decision and cannot be held liable for any indemnity.

7.4 The Provider and its partners may be subject to reporting obligations towards the competent authorities, which may not be obstructed and of which they may not inform the Client.

Article 8 — Account opening: reasonable endeavours and remedy

8.1 The opening of a payment or bank account falls within the sole discretion of the institution approached. The Provider has no decision-making power and therefore cannot guarantee that an application will be accepted.

8.2 The Provider undertakes to compile the Client's application file and to submit it to three (3) successive institutions among those with which it works, adapting the file to the Client's profile with each new submission.

8.3 If, after these three submissions, no institution has accepted the file, and provided that the Client has supplied all the requested documents within the time limits and that the declared information has proved accurate, the Provider shall refund to the Client the sum of 800 €, corresponding to the portion of the subscription allocated to this service. This refund constitutes the fixed, exclusive and final compensation for the failure to open an account, to the exclusion of any other indemnity.

8.4 The remedy provided for in 8.3 is not due if the failure results from inaccurate or incomplete information from the Client, from a refusal linked to the Client's personal profile (history, sanctions, jurisdiction excluded by the institution), or from an activity which the Client had not declared.

8.5 No account opening timeframe is guaranteed, the timeframes announced being indicative and dependent on the institution.

Article 9 — No guarantee of result

9.1 The Provider is bound by an obligation of means (reasonable endeavours). It undertakes no obligation of result, save for the remedy expressly provided for in Article 8.

9.2 In particular, the Provider does not guarantee:

• any rate of taxation, any tax saving, any determined tax burden, either for the company or for the Client personally;
• any tax treatment granted by any authority, in any State whatsoever;
• any decision of a third party: companies registry, tax authority, regulator, bank, payment institution;
• any timeframe dependent on a third party.

9.3 The figures, simulations, orders of magnitude and case studies communicated before or during the contract are purely illustrative. They constitute neither an undertaking nor a promise of result and are not contractual.

9.4 The Client acknowledges that the tax treatment of its situation depends principally on its tax residence, on its own filings and on the legislation of its country of residence, all matters beyond the Provider's control.

Article 10 — Price, invoicing and payment

10.1 Prices are those of the accepted quotation. The annual subscription is indivisible and covers the services described in the quotation for a period of twelve (12) months.

10.2 Prices are expressed in euros. As the Provider is established in Mauritius, its invoices are issued in accordance with Mauritian regulations. Any tax, withholding or filing obligation applicable in the Client's country remains the Client's responsibility.

10.3 Unless otherwise stipulated in the quotation, the subscription is payable in advance, in full, upon order. Any payment schedules granted are granted as a commercial gesture and failure to comply with them renders the balance immediately due.

10.4 In the absence of payment when due, and after a formal notice has remained without effect for seven (7) days, the Provider may suspend all its services without such suspension engaging its liability, including as regards the statutory deadlines of the Client's company, which remain the Client's responsibility. Late payment interest at the rate of 1.5 % per month commenced is due automatically.

10.5 Official fees, registry duties, bank charges and translation or legalisation costs are re-invoiced to the Client if they do not appear in the quotation.

10.6 Prices may be revised at each annual renewal date. The Client is informed at least sixty (60) days before the renewal date and may, if it refuses the revision, terminate on the terms of Article 12.

Article 11 — Right of withdrawal

11.1 A Client contracting as a consumer, as well as a business Client meeting the conditions laid down by the consumer law applicable to its situation, has a period of fourteen (14) days from the conclusion of the contract to withdraw without reason and without penalty, by means of any unambiguous written statement sent to quantikbc@protonmail.com, or of the model withdrawal form provided with the quotation and supplied on simple request to that same address.

11.2 Performance before the end of the period. If the Client requests that performance begin before the expiry of the withdrawal period, the Client is expressly required to make that request in writing upon ordering. The Client then acknowledges that:

• in the event of withdrawal, it will have to pay an amount proportionate to the services already supplied;
• if the service has been fully performed before the end of the period, at the Client's express request, the Client loses its right of withdrawal.

11.3 As the incorporation of a company is an act whose effects towards third parties are irreversible, the Client is informed that a withdrawal after incorporation cannot result in the cancellation of that incorporation, any strike-off costs remaining the Client's responsibility.

11.4 Sums due to the Client are refunded within fourteen (14) days of receipt of the withdrawal, using the same means of payment.

Article 12 — Duration, renewal and termination

12.1 The contract is entered into for a term of twelve (12) months from the date stated in the quotation.

12.2 It is tacitly renewed for successive periods of twelve months. The Provider informs the Client of the forthcoming renewal at the latest thirty (30) days before the renewal date.

12.3 The Client may terminate at any time, without reason and without penalty, in writing sent to quantikbc@protonmail.com. Termination takes effect at the end of the current annual period. Sums paid in respect of the current period are not refunded, the subscription being indivisible. Where the mandatory law of the Client's country of habitual residence so provides, in particular in the event of tacit renewal, a Client who is a consumer may terminate at any time from the renewal date and sums paid in advance in respect of the unperformed period are refunded within thirty (30) days.

12.4 The Provider may terminate at the annual renewal date, by informing the Client at least sixty (60) days in advance, and automatically without notice in the cases provided for in Articles 7.2 and 10.4, as well as in the event of a serious breach by the Client of its obligations not remedied within fifteen (15) days of a formal notice.

12.5 Effects of the end of the contract. As at the effective date, the Provider ceases all services, including services in progress and forthcoming filing deadlines, with no obligation to complete the financial year already begun. The Provider returns to the Client, within thirty (30) days and subject to full payment of the sums due, the documents and records belonging to the Client.

12.6 As from the effective date, the Client is solely responsible for the transfer of the registered office address, for taking over the statutory deadlines and for appointing new service providers. The Provider is not liable for any consequence, penalty or strike-off resulting from the Client's failure to act after the end of the contract, and informs the Client of this point in writing upon termination.

Article 13 — Liability

13.1 The Provider's liability may be engaged only in the event of proven fault in the performance of its own service as defined in Article 3.

13.2 Excluded from any compensation are: indirect damages, loss of turnover, of profit, of clientele, of image or of data, as well as taxes, reassessments, surcharges, late payment interest and penalties, which remain the Client's responsibility where they result from the Client's situation, from its filings or from the legislation applicable to it.

13.3 All liability is excluded for the content or the quality of a regulated act performed by a partner within the meaning of Article 5, for the decision of a third party, or for inaccurate information from the Client.

13.4 In all cases, and save in the event of gross negligence or wilful misconduct, the Provider's total liability, on all grounds combined, is capped at the amount of the sums actually received by it in respect of the twelve (12) months preceding the triggering event.

13.5 Any claim must be notified in writing to the Provider within twelve (12) months of becoming aware of the triggering event, failing which it is time-barred. This time limit is not enforceable against a Client who is a consumer, who retains the benefit of the limitation periods provided by the law of the country of habitual residence.

13.6 The provisions of this Article apply only to the extent permitted by mandatory law protecting the Client as a consumer.

Article 14 — Force majeure and dependence on third parties

The Provider is not liable for non-performance or delay resulting from an event of force majeure, nor for the acts, timeframes, refusals, changes of internal policy or of regulation attributable to a third party, in particular: companies registries, tax authorities, regulators, banks and payment institutions, IT service providers, postal services. The occurrence of such an event suspends the affected obligations for its duration.

Article 15 — Confidentiality

Each party undertakes not to disclose the confidential information received from the other, for the duration of the contract and for five (5) years after its termination. This obligation does not prevent communications required by law or by a competent authority, nor the transmission of information to the partners referred to in Article 5 for the purposes of performance.

Article 16 — Personal data

Personal data is processed in accordance with the privacy policy, which sets out the purposes, the legal bases, the retention periods, the recipients, the transfers outside the European Union and the Client's rights. The Client may exercise its rights at quantikbc@protonmail.com.

Article 17 — Intellectual property

The methods, models, templates, tables and materials developed by the Provider remain its exclusive property. The Client receives a strictly personal and internal right of use, for the purposes of its own file, to the exclusion of any reproduction, distribution, assignment or commercial exploitation.

Article 18 — References and testimonials

The Provider will cite the Client as a reference, and publish any testimonial concerning the Client, only with the Client's prior written consent, which may be revoked at any time.

Article 19 — Amendment of these terms

The Provider may amend these terms and conditions. The applicable version is the one accepted upon ordering. Any substantial amendment is notified to the Client at least sixty (60) days before the annual renewal date; failing acceptance, the Client may terminate on the terms of Article 12.3.

Article 20 — Miscellaneous provisions

20.1 The invalidity of one clause does not affect the validity of the others.
20.2 The failure to exercise a right does not constitute a waiver of that right.
20.3 The Client may not assign the contract without the Provider's prior written consent.
20.4 Exchanges by email between the parties constitute a valid and sufficient means of proof.
20.5 The French version of these terms and conditions prevails over any translation.

Article 21 — Complaints and mediation

21.1 Any complaint is to be sent to quantikbc@protonmail.com. The Provider endeavours to respond within thirty (30) days.

21.2 A Client who is a consumer is invited to send the Provider a prior written complaint. Failing an amicable solution within thirty (30) days, the Client may propose that the Provider refer the matter to consumer mediation before a body of the Client's choosing; the Provider will consider any such proposal in good faith. The Provider, established in the Republic of Mauritius and not established in the European Union, is not a member of any national sectoral mediation scheme. A Client who is a consumer remains free to contact consumer associations and the competent authorities of the country of habitual residence.

Article 22 — Governing law and jurisdiction

22.1 These terms and conditions are governed by Mauritian law.

22.2 Any dispute falls within the exclusive jurisdiction of the courts of Port Louis, Republic of Mauritius.

22.3 By way of exception, a Client contracting as a consumer retains the benefit of the mandatory protective provisions of the law of its country of habitual residence and the right to bring proceedings before the courts of that country, in accordance with the applicable conflict-of-law rules. The provisions of 22.1 and 22.2 are enforceable against such a Client only within that limit.

Acceptance

The Client declares that it has read and accepted these general terms and conditions before the conclusion of the contract.

Where applicable, the Client acknowledges having expressly requested that performance of the services begin before the expiry of the fourteen-day withdrawal period and having been informed that it will lose its right of withdrawal in the event of full performance.

When placing an order, the Client expressly confirms the following statements:

• I have read and I accept the terms and conditions of sale and service.
• I expressly request that performance of the services begin before the expiry of the fourteen-day withdrawal period and I acknowledge that I will lose my right of withdrawal if the service is fully performed at my request.
• I acknowledge that the Provider supplies administrative and coordination services, that it provides no personalised legal, tax or financial advice, and that no rate of taxation or tax outcome is guaranteed to me.