GENERAL TERMS AND CONDITIONS ADVOCOM BV CVBA
ARTICLE 1: APPLICABILITY.
These general terms and conditions apply to every service provided by Advocom BV CVBA (company registration number 0818 978 225, Register of Legal Persons Antwerp–Hasselt section), with registered office at Paalsesteenweg 133, 3583 Beringen (Paal), Belgium (hereafter referred to as “Advocom BV CVBA”), for the benefit of a client, except in case of a different and written agreement between the client and Advocom BV CVBA, in which case these general terms and conditions will only apply to the extent that they do not deviate from what has been provided in the agreement.
These general terms and conditions have force of law in the relationship between Advocom BV CVBA and the client and are deemed to be accepted by the client if the client has not raised any objection within a reasonable time after the receipt of these general terms and conditions. The acceptance of these general terms and conditions can amongst others but not exclusively be deducted from the normal continuation of the services provided by Advocom BV CVBA without an objection from the client within a reasonable time.
All instructions from the clients are deemed to be exclusively given to and performed by Advocom BV CVBA, even if it is the expressed or implied intention that an assignment will be performed by a particular person.
ARTICLE 2: COSTS AND FEES.
Unless otherwise provided, costs and fees for services including provisional fees charged to the client must be paid within eight (8) calendar days after the date of the provisional invoice or fee invoice from Advocom BV CVBA related to the services. The costs and fees are VAT excluded.
ARTICLE 3: LATE PAYMENT.
After a written notice to pay the outstanding invoices for costs and fees and failing a rightful dispute related to such invoice(s), the client will be held to pay interest on the outstanding amount at the legal interest rate as from the date of the reminder. In case of judicial recovery, the payable amount, interest included, will be increased with a fixed additional compensation of ten percent (10%) of the outstanding total amount, it being understood that such increase shall amount to at least 250,00 EUR with a maximum of 2,500 EUR.
If the client does not pay within the payment term, Advocom BV CVBA can suspend its activities by means of a notice to the client, without being liable for damages as a result of such suspension.
ARTICLE 4: LIABLILITY.
Advocom BV CVBA only assumes an obligation of means and not an obligation of result towards the client. Under no circumstance can the client submit a claim against the partners, lawyers, employees or trainees, who are (or were) connected to Advocom BV CVBA. If otherwise decided by a court, also in their eyes, there will only be an obligation of means and not of result
Advocom BV CVBA is insured for actions in the entire world, for activities which Advocom BV CVBA carries out from their offices established in Belgium, for an amount of 2,500,000 EUR (for each claim) under the insurance policy ‘professional liability in first rank’ by the professional liability insurance of the Flemish Bar Association, insurance policy LXX034899 with Amlin Insurance SE, Koning Albert II laan 9, 1210 Brussels as leading insurer, and the partners of Advocom BV CVBA additionally for an amount of 5,000,000 EUR (each underwriting year) in second rank by the professional liability insurance, insurance policy 99.551.935 with AG Insurance NV, E. Jacqmainlaan 53, 1000 Brussels as leading insurer. Advocom BV CVBA is not insured for claims against Advocom BV CVBA lodged in the US or Canada, or under the legislation or jurisdiction of the US or Canada.
Advocom BV CVBA hereby notifies the client of the possibility that for handling his case a higher insurance can be subscribed subject to the payment of an additional premium. If the client wishes Advocom BV CVBA to subscribe to an additional insurance, the client and Advocom will enter into an additional agreement in writing. If the client does not express this wish, he accepts the normal insurance of Advocom BV CVBA and accepts that the compensation for the damages the client suffers due to a professional mistake by Advocom BV CVBA is limited to the amount for which Advocom is insured, without prejudice to additional coverage under further insurance. This limitation is not applicable in case of wilful misconduct of Advocom BV CVBA.
Thus, the liability of Advocom BV CVBA, as well as of its partners, each lawyer, employee or trainee who is (or was) connected with it, with regard to services provided within the framework of the cooperation with Advocom BV CVBA, will, in each case, be limited to the amount which is effectively covered by the aforementioned professional liability insurance.
Under all circumstances each claim for compensation will expire if a claim is not filed before the competent judge within a year after the facts on which the claim is based are known to the client or could be reasonably known by the client.
ARTICLE 5: INFORMATION AND PROCESSING OF PERSONAL DATA.
Advocom BV CVBA informs the client on a regular basis of the progress of the assignment. The client agrees that, where appropriate, his insurance company, broker and/or agent are also being kept informed about the case. The client will provide all useful information, where appropriate or on request by Advocom BV CVBA, promptly and during the whole duration of the assignment.
The client gives express permission to Advocom BV CVBA to process this information, and where appropriate the personal data, data concerning previous criminal convictions and criminal offences and the particular categories of personal data included in these, for one or more defined purposes as agreed under the services and the tasks of Advocom BV CVBA.
Advocom BV CVBA reserves the right to process this information with respect to its justified interests or the interests of third parties, the exercise of the fundamental right of freedom of speech or information and / or the initiation, execution or justification of a judicial action.
The client has a right to address a request to Advocom BV CVBA for access, rectification, removal, transfer of data of his personal data or a request to withdraw his permission or objection with regard to the processing of his personal data.
Advocom BV CVBA commits to answer the client within one (1) month of the receipt of a motivated request. Depending on the complexity of the request(s) and depending on the number of requests the term of one month can be extended by another two (2) months. If applicable, this answer has to explain properly why Advocom BV CVBA does not meet the demanded request(s) from the client.
Where appropriate, Advocom BV CVBA reserves the right to ask for a reasonable compensation for the administrative costs incurred in respect of the request(s).
ARTICLE 6: ANTI-MONEY LAUNDERING AND ANTITERRORISM FINANCING.
Depending on the nature of the services that Advocom BV CVBA must provide to the client, it is possible that Advocom BV CVBA must strictly comply with the legislation and the bar regulations regarding anti-money laundering and anti-terrorism financing. In such case, Advocom BV CVBA is mainly bound by an identification and vigilance obligation with respect to the client. In this context, Advocom BV CVBA must retain information about the identification, the characteristics of the client and the purpose and nature of the transaction during 10 years. Advocom BV CVBA can, with this in mind, proceed to carry out checks with the aid of external electronic databases. The customer is aware of the extensive identification obligations required by the applicable preventive anti-money laundering legislation and accepts that the corresponding costs and fees will be charged.
This procedure requires the cooperation of the client and requires clients who work in the form of a legal person or another legal construction to inform Advocom BV CVBA as to who is the ultimate beneficial owner behind this legal form or construction. The client undertakes to inform Advocom BV CVBA of any change that may affect his or her status. The client undertakes to provide the information requested by Advocom BV CVBA at first request. If the client refuses to provide the information after it has been requested, Advocom BV CVBA will not be able to enter into the business relationship and, if Advocom BV CVBA has already acted provisionally, Advocom BV CVBA will have to terminate its further intervention. In addition, in certain circumstances, the anti-money laundering legislation obliges Advocom BV CVBA to report possible suspicions of money laundering or terrorist financing in which the client might be involved to the Chairman of its Bar. Advocom BV CVBA will not be liable to the client for the consequences of any reporting that is made in good faith.
ARTICLE 7: APPLICABLE LAW AND VENUE.
Belgian law, excluding its conflicts of laws provisions, is applicable and for possible disputes only the courts of Antwerp, Hasselt section have jurisdiction, without prejudice of the right for Advocom BV CVBA to take legal action before the courts of the jurisdiction of the client.
Advocom BV CVBA and the client will settle their disputes preferably out of court. Before any proceedings, they will preferably attempt to settle the case amicably before a court or before the competent instance appointed by the Bar association (i.e. Ligeca, the ombudsman office for consumer disputes regarding the legal profession: www.oca.ligeco.be).
When the client is of the opinion that Advocom BV CVBA has acted unlawfully with regard to the processing of personal data, or when Advocom BV CVBA has not properly met the request(s) addressed to it, the client has the possibility to file a complaint with the national Data Protection Authority. The contact details are: Data Protection Authority , Drukpersstraat 35, 1000 Brussels, +32 (0)2 274 48 00, +32 (0)2 274 48 35, firstname.lastname@example.org.