TERMS OF BUSINESS
- Cabinet DAVID is a limited liability company (SRL) incorporated under Belgian law, having its registered office at Boulevard Brand Whitlock 165 1200 Brussels, registered under the company number 0720.820.428.
- All work for a client is deemed to have been exclusively entrusted to and to be carried out by Cabinet DAVID, even if it is the express or implied intention that a specific person will carry out a specific assignment.
Cabinet DAVID and the client may at any time and without any compensation terminate the contract. Nevertheless, the payment of the fees and the costs will not be affected by the termination of the contract.
- The client undertakes to provide Cabinet DAVID with all data and information, possibly supported by documents. The client will ensure that the information given by him or on his behalf is correct, complete and reliable.
The client undertakes to inform Cabinet DAVID in due time of about any procedural initiatives to be undertaken and to transmit promptly to Cabinet DAVID any documents which may come to the attention of the client and/or be notified in the context of judicial procedures and/or disputes.
- As the dominus litis, Cabinet DAVID will make every possible effort to achieve the result expected by the client but cannot offer any guarantee to this effect.
Cabinet DAVID will always strive to offer optimal assistance and accurate advice in accordance with the current state of the legislation, the case law and the legal doctrine, but Cabinet DAVID cannot be held liable for any inappropriate or fraudulent intentions of the client, that would result in an improper use of the assistance and advice provided.
- The liability of Cabinet DAVID, its partners and associates is limited to the amount of the professional liability insurance policy subscribed the Brussels Bar and within the limits of its cover. A copy of the insurance policy can be provided on first demand in writing. The insured amount is currently EUR 2,500,000 per claim.
At the express request of the client, insurance can be taken out for a higher amount for a specific file, if the client pays an additional premium.
In any case, any claim for damages lapses if the competent court is not seized within one year after the facts on which the claim is based, were known or could reasonably have been known to the client.
- Unless expressly agreed otherwise, Cabinet DAVID is not liable for the services provided by third parties, on which Cabinet DAVID has relied.
- Cabinet DAVID's invoices are payable within 14 days of receipt. If the client does not agree with the amount of fees billed, he must protest in writing within 14 days by registered mail.
Interest shall be due automatically and without notice of default from the due date and will be calculated in accordance with the provisions of the Late Payment Act of 2 August 2002. In case of late payment, an indemnity will be due to cover the cost of recovery, calculated at 10% of the principal amount of the bill.
The client has the sole responsibility to pay our fees in full and timely, regardless of whether the client has legal expenses insurance. If necessary, the client is exclusively responsible for recovering the fees from the insurance company.
- Documents, messages and information of any kind sent by e-mail to the client are not encrypted, irrespective of whether or not they contain confidential information. All electronic communications are purely indicative and cannot entail the liability of Cabinet DAVID, except for attachments in PDF format signed by a partner on behalf of Cabinet DAVID.
Cabinet DAVID will make all reasonable efforts to keep e-mails and attachments free of viruses or other defects which might result in damage to a computer or IT system. It is however the client's responsibility to take all necessary measures to protect and safeguard their computer or IT system.
Cabinet DAVID does not accept any liability or responsibility for any loss or damage that may result from the client receiving or not receiving, using or not using electronic communications or documents coming from Cabinet DAVID.
- All information provided by the client to his lawyer is covered by professional secrecy as defined in article 458 of the Belgian Criminal Code, which sanctions Lawyer-Client Privilege. The client acknowledges and accepts that Cabinet DAVID is subject to the Act of 11 January 1993 on preventing the use of the financial system for purposes of money laundering and financing terrorism.
Cabinet DAVID has a duty to comply with the obligations defined by the Act in respect of, inter alia, client due diligence and reporting of suspicions of money laundering or terrorism financing to the competent authorities. The client is also aware that under this Act, Cabinet DAVID is required to identify the client.. The client is required to make sure that all data provided to Cabinet DAVID is kept up to date.
- Only Belgian law is applicable to all legal relationships between clients and Cabinet DAVID. Only the Dutch speaking courts of Brussels shall have jurisdiction, subject to the right of Cabinet DAVID to take legal action before the courts of the client's jurisdiction.
The Dutch version of these terms and conditions shall prevail, regardless of any translation