Terms and conditions

1. Applicability

The civil company in the form of a private limited company (BV) Athos-Advocaten provides services through lawyers and other staff in accordance with the general terms and conditions described below. Athos-Advocaten is registered with the Crossroads Bank for Enterprises (KBO/BCE) under number 0464.429.862.

These terms may only be departed from in writing. These general terms and conditions apply not only to the client's actual assignment to Athos-Advocaten, but also to all subsequent assignments, unless other written arrangements are made for a specific assignment.

2. Mutual duty to provide information

The client undertakes to provide all useful data and information, supported by documents where appropriate. The client is responsible for the accuracy and completeness of the information provided by or on behalf of the client to Athos-Advocaten.

Athos-Advocaten is not liable for damage arising from incorrect or incomplete information provided by the client. Athos-Advocaten informs the client about the performance of its assignment and the progress of the case.

3. Use of third parties

In addition to the usual tasks carried out within Athos-Advocaten, the client agrees that Athos-Advocaten may, for specific assignments and, unless otherwise agreed, without separate prior approval from the client, call on other lawyers, bailiffs and translators to carry out its assignment. Unless otherwise agreed, the client leaves the choice of such third party to Athos-Advocaten.

Athos-Advocaten is not liable for shortcomings of these third parties, whether or not their involvement is charged separately to the client and whether the third parties consulted charge their costs and fees to Athos-Advocaten or to the client.

4. Intellectual property rights

All rights relating to the intellectual work that Athos-Advocaten develops or uses in carrying out the assignment entrusted to it, such as advice, submissions, petitions, contracts, drafts, etc., belong to Athos-Advocaten.

Without the express prior written consent of Athos-Advocaten, the client is prohibited from using, distributing, publishing or exploiting these intellectual achievements or records of them in any way.

5. Third-party funds

Athos-Advocaten pays over to the client, as soon as possible, all amounts it receives on the client's behalf.

Athos-Advocaten may withhold from the amounts it receives on the client's behalf sums to cover outstanding advances or statements of costs and fees. It will inform the client of this in writing. This provision does not affect the client's right to contest Athos-Advocaten's fee statements and to claim payment of the amounts withheld.

Athos-Advocaten pays over to third parties, as soon as possible, all amounts it receives from the client on behalf of those third parties.

6. Liability

The professional liability of the lawyers of Athos-Advocaten is covered by a professional liability insurance policy taken out by the Bar.

The professional liability of the lawyers of Athos-Advocaten is limited to the net amount actually paid out by the professional liability insurer.

The policy covering professional liability provides worldwide cover, subject to the clarifications and exclusions set out in the lawyers' civil liability policy.

Athos-Advocaten and its lawyers are not liable for any shortcomings of third parties engaged in the performance of their services, whether those third parties charge their fees and costs to Athos-Advocaten or directly to the client.

If, for whatever reason, no payment is made under that insurance, the liability of Athos-Advocaten, its partners, staff and personnel is limited to the amount of the fees paid by the client for the services provided by Athos-Advocaten giving rise to the liability.

7. Electronic communication

All electronic communication from Athos-Advocaten is purely indicative and can in no way give rise to liability on the part of Athos-Advocaten.

Athos-Advocaten makes reasonable efforts to keep emails and attachments free of any virus or other defect that could damage a computer or IT system. It remains the client's responsibility to take all necessary measures to protect their own computer or IT system.

Athos-Advocaten cannot be held liable for any loss or damage that may result from receiving or using electronic documents from Athos-Advocaten.

8. Termination of the assignment

The client may terminate the assignment entrusted to Athos-Advocaten at any time by informing Athos-Advocaten in writing. Athos-Advocaten will send the client its final statement of costs and fees. The client is obliged to pay for all work and costs up to the termination of the agreement. The law firm may not claim compensation.

At the first request, Athos-Advocaten will return the file documents to the client.

Athos-Advocaten may at any time, and without having to pay compensation, terminate the assignment entrusted to it by the client by giving the client written notice. In determining the moment at which it ceases its work, Athos-Advocaten must take into account the client's ability to obtain the necessary assistance from another lawyer in good time.

9. Invalidity of one or more provisions

If one or more provisions are invalid or void, this does not affect the validity and enforceability of the other provisions of these general terms and conditions.

10. Applicable law and competent courts

Belgian law alone applies. In the event of a dispute, the courts of the judicial district of Brussels and, where applicable, the Justice of the Peace of the canton of Sint-Jans-Molenbeek have jurisdiction.

11. Archiving

After the end of each assignment, Athos-Advocaten archives the file and then retains it for a period of five years. After that five-year period the file is permanently destroyed.