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Terms of website use

Colibri Advisory | www.colibri-advisory.org

Version 1.3 (website, advisory services and resources), effective 12 October 2026

1. WHO WE ARE AND WHAT THESE TERMS COVER

These terms govern your use of www.colibri-advisory.org (the “Website”) and the advisory services provided by Colibri Advisory SàRL (“Colibri Advisory”, “we”, “us”): governance, strategy and execution advisory, board effectiveness reviews, investor readiness and programme or transformation leadership, together with the content published on the Website.

Colibri Advisory SàRL is a private limited company registered in Luxembourg (RCS Luxembourg B159422, VAT LU24599487), with its registered office at 177 rue de Luxembourg, L-8077 Bertrange, Luxembourg.

Training and education activities operated by Colibri Advisory SàRL under the TheDigitalBoard brand are governed by the terms published on that brand’s own website and are not covered here.

By browsing the Website or signing an engagement letter, you accept these terms. Where you act for an organisation, you confirm you are authorised to bind it. Specific documents we issue (an engagement letter, a proposal, a statement of work) prevail over these terms where they differ.

Our services are addressed to organisations and professionals acting in the course of their business. Where the law gives a consumer rights that cannot be excluded, those rights are unaffected.

2. USING THE WEBSITE

The Website is made available for information and for contacting us. You agree not to:

  • upload or transmit malicious code, or attempt to interfere with the Website, our platforms or the servers behind them;
  • use automated tools (bots, scrapers, crawlers) to extract content or data, except as permitted by law;
  • misrepresent your identity or affiliation, or submit information that is false or misleading;
  • use the Website for any purpose that is unlawful, defamatory, harassing or otherwise harmful.

Information on the Website, including articles published under Insights, is of a general nature and does not constitute legal, financial, regulatory or investment advice. We update it as we see fit and cannot guarantee it is complete or current at any given moment. Links to external sites are provided for convenience; we have no control over, and accept no responsibility for, their content.

We aim to keep the Website available at all times but cannot promise uninterrupted access. Maintenance, provider outages or events beyond our control may cause downtime.

2A. RESOURCES AND DOWNLOADS

Our Resources page provides checklists, discussion guides and scorecards for general professional use. Availability, format and access arrangements are described on the relevant page. Where a request form is offered, provide an e-mail address you are entitled to use so we can deliver the selected resource and deal with access questions. Do not submit confidential documents or sensitive personal information through a resource form.

A resource request does not create a paid advisory engagement, require you to subscribe to marketing or establish an adviser-client relationship. Optional e-mail updates are a separate choice, governed by the Privacy Policy. Accepting these terms, requesting a resource or supplying an e-mail address does not constitute marketing consent.

Unless a resource states otherwise, we grant you a non-exclusive permission to download, print and complete it for your own or your organisation’s internal discussions. You may adapt the response fields and share a completed copy with colleagues or advisers involved in that discussion. Retain the Colibri Advisory attribution and any qualification or rights notice. This permission does not authorise public redistribution, resale, inclusion in a commercial resource collection or use of our branding as your own. Ask us for permission before another form of reuse. This specific permission prevails over the general restrictions in section 6 for these resources.

Resources provide prompts for discussion and preparation, not legal, financial, regulatory or investment advice, an audit or technical assurance. Scores and suggested ranges are practical prompts rather than validated benchmarks, certifications or predictions. They must be assessed against your circumstances and do not determine an appointment, an approval or a programme outcome. Obtain relevant professional advice before making decisions that require it.

We may revise or withdraw resources. Where relevant, use the version and date shown on the document. We do not promise to update every downloaded copy or provide personalised support unless separately agreed.

3. ENQUIRIES AND PROPOSALS

An enquiry sent through the Website or by e-mail does not create a contract. Following an initial conversation, we may issue a proposal setting out the problem to be addressed, objectives, scope, deliverables, exclusions, responsibilities, fees, schedule and assumptions. A contract is formed when both parties sign an engagement letter or when you accept a proposal in writing (e-mail counts as writing). We may decline an engagement without giving reasons.

4. FEES AND PAYMENT

  • Fees: as set out in the engagement letter (fixed fee, retainer or daily rate), typically with a deposit on signature and the balance against milestones or monthly invoices. Fees exclude VAT, which is added at the applicable rate, and exclude agreed travel and out-of-pocket expenses, invoiced at cost.
  • Payment: invoices are payable by bank transfer within 30 days of the invoice date unless the engagement letter provides otherwise.
  • Late payment: we may charge interest at the statutory rate under the Luxembourg law of 18 April 2004 on late payment in commercial transactions, plus a fixed recovery indemnity of EUR 40, and may suspend work until payment is received.

5. ADVISORY ENGAGEMENTS

Each mandate is defined in an engagement letter or proposal covering scope, deliverables, timing, fees and the people involved. These terms apply to the extent the engagement letter does not provide otherwise.

  • Our commitment: we perform the work with the care and skill expected of experienced governance, strategy and execution professionals. Our advice is based on the information you give us and on the circumstances at the time; it does not guarantee a particular business, regulatory, financial or fundraising outcome.
  • Your role: you provide timely access to the people, documents and decisions the work requires, and you remain responsible for decisions taken on the basis of our advice. Where we lead a programme on your behalf, decision rights and escalation routes are set out in the engagement letter; the board and management of your organisation retain their statutory responsibilities.
  • Independence: we tell you promptly if a conflict of interest arises and agree with you how to handle it.
  • Changes in scope: work outside the agreed scope is agreed in writing before it starts, with any effect on fees and schedule.
  • Termination: either party may end an engagement on 30 days’ written notice unless the engagement letter says otherwise. Work performed and expenses incurred up to the end date are invoiced; a deposit covering work already delivered is not refundable.
  • Non-solicitation: during an engagement and for 12 months after, neither party will hire or engage the other’s staff or associates involved in the work without written consent.
  • Reference: we may name you as a client in our credentials in general terms unless you ask us not to; we never disclose the content of the work.

6. INTELLECTUAL PROPERTY

Subject to the specific resource-use permission in section 2A, everything we create and publish (frameworks, templates, articles, the Website and its design, and the Colibri Advisory name and logo) belongs to Colibri Advisory SàRL or its licensors and is protected by copyright and trademark law. You may not copy, share, sell, publish, adapt or create derivative works from Website content, nor remove any notice of ownership, beyond fair quotation with attribution.

Deliverables prepared specifically for you under an engagement become yours to use for your internal purposes once paid in full. Our underlying methods, tools, frameworks and know-how remain ours, and we may reuse them for other clients provided your confidential information is not disclosed.

You may not use our name or logo in a way that implies endorsement, partnership or employment without our written agreement.

7. CONFIDENTIALITY

Each party keeps confidential the non-public information it receives from the other in connection with a service, uses it only for that service and discloses it only to people who need it and are bound by equivalent obligations. The obligation does not cover information that is public, already known to the receiving party, independently developed or required to be disclosed by law or a competent authority. It lasts for 5 years after the service ends, and indefinitely for trade secrets.

Please do not send confidential documents in an initial enquiry through the Website; a suitable confidential exchange is agreed before sensitive material is shared.

8. PERSONAL DATA

We process personal data as described in our Privacy Policy, available on the Website. Questions about personal data go to contact@colibri-advisory.org.

9. LIABILITY

We answer for direct loss that results from a failure on our part to meet these terms or from our negligence. We are not liable for indirect or consequential loss, loss of profit, revenue, business or opportunity, or for loss resulting from decisions you take on the basis of our content or advice.

Our total liability for an engagement is capped at the fees paid for that engagement in the 12 months before the event giving rise to the claim, unless the engagement letter provides otherwise. Nothing in these terms limits liability for death, personal injury, fraud or gross negligence, or any liability that cannot be limited by law.

We are not responsible for failures of third-party platforms and services we rely on (hosting, communication and document tools) beyond passing on the remedies they give us, nor for events beyond our reasonable control.

10. CHANGES TO THESE TERMS

We may update these terms. The version on the Website applies to new engagements from its effective date. For engagements already in progress, the terms in force at signature continue to apply unless both parties agree otherwise in writing.

If a provision is held invalid, the rest remains in force. Our failure to enforce a provision is not a waiver of it.

11. GOVERNING LAW AND DISPUTES

These terms and every contract they govern are subject to Luxembourg law. Please raise any complaint with us first at contact@colibri-advisory.org; we aim to resolve it within 30 days. Disputes that cannot be settled amicably go to the courts of Luxembourg City.

12. CONTACT

Colibri Advisory SàRL

177 rue de Luxembourg

L-8077 Bertrange, Luxembourg

RCS Luxembourg B159422 | VAT LU24599487

E-mail: contact@colibri-advisory.org

Colibri Advisory Terms of website use, version 1.3, 12 October 2026