Terms and conditions
1. Tender Law BV (“Tender Law”) is a civil company
incorporated under Belgian law which has taken the legal form of a private
limited company, whose object is the exercise of the profession of lawyer, as
well as the performance of judicial, arbitration and other mandates assigned to
the partners in their capacity as lawyers, acting as a mediator, acting as a
seconded lawyer in accordance with deontological rules, the organisation and
provision of legal and related training, the performance of administrative
tasks, and the exercise of mandates and functions directly or indirectly
related to the object, including assistance and development with regard to
legal and related innovations, as well as other activities insofar as this is
possible in accordance with the deontological rules and regulations adopted by
the Flemish Bar Association.
2. Tender Law is registered with the Crossroads Bank for Enterprises
under the number 0766.581.892.
3. These general terms and conditions shall apply to any performance by
Tender Law for a client, even if a client gives his assignment with a view to
having it carried out by one or more other persons. These general terms and
conditions shall also apply to all persons involved in the execution of the
assignment and/or on whom any liability rests or might rest in any way in
connection therewith, including former lawyers and/or employees, including
their heirs.
4. The general terms and conditions do not apply, and only to such an
extent, if Tender Law and the client in question deviate from these in writing.
In such a case, the provisions from which no explicit deviation has been made,
remain fully applicable. These general terms and conditions have the force of
law in the relationship between Tender Law and the client and are deemed to
have been accepted by the client if the client has not objected within a reasonable
period of time after notification thereof. The acceptance of these general
terms and conditions is, among other things, explicitly derived from the
payment of due fees and/or by instructing Tender Law for a reasonable period of
time.
5. The liability of Tender Law is limited to the amount that is covered
and effectively paid out in the applicable case under the liability insurance
held by Tender Law (see below). The client indemnifies Tender Law against all
claims from third parties that are in any way related to or result from the
assignment given by the client and/or the work carried out for the client. The
aforementioned indemnification shall include the costs of defence. The
professional liability of Tender Law and its lawyers is insured in the first
line up to an amount of 2.500.000,00 Euro per claim with Amlin Europe NV,
Koning Albert II-laan 9, 1210 Brussels. In addition to and after exhaustion of
2.500.000,00 euro per claim in the first instance, there is second-line
insurance from lawyer Stijn Maeyaert for an amount of 5.000.000,00 euro per
insurance year from AG Insurance NV, E. Jacqmainlaan 53, 1000 Brussels. All obligations
that Tender Law enters into in the context of the execution of the services
provided by Tender Law to the client are governed by Belgian law. Tender Law
does not accept any liability under any other legal system.
6. Tender Law may, as the case may be, engage third parties in the
performance of its services in the name and on behalf of its client and will
exercise due care in doing so. Tender Law is not liable for any acts or
omissions of such third parties. Furthermore, Tender Law is authorised to
accept on behalf of the client, and without the prior written consent of the
client, any limitations of liability of third parties.
7. Funds that Tender Law receives from clients and that Tender Law is
required to hold on their behalf will be placed in a third party account with a
Belgian credit institution chosen by Tender Law. Tender Law accepts no
liability to the client or any other person for any bankruptcy or any legal act
or omission of the credit institution with which Tender Law holds or transfers
funds. Consequently, Tender Law cannot be held liable to repay or transfer
amounts that the credit institution in question is unable to repay or transfer
itself.
8. Any advice given by Tender Law is for the sole use of the client and
is given solely in the context of the case for which it was given. The advice
may not be used by third parties. Nor may third parties rely on it. The client
accepts that he will not disclose Tender Law’s advice to third parties without
Tender Law’s prior written consent (except, if necessary, to other professional
advisors of the client, but without any obligation or liability on the part of
Tender Law towards them).
9. The training services provided by Tender Law do not count as (legal)
advice. The client accepts that Tender Law cannot be held liable with regard to
these training courses, in particular with regard to their content.
10. Unless otherwise agreed, the services will be charged on an hourly
basis. The hourly rate can be adjusted and indexed annually. The fees are
exclusive of Belgian VAT. Unless agreed otherwise, an administrative cost of 5 %
of the fee to be collected will be charged. Specific costs and expenses,
including travel expenses, will be charged separately and inclusive of VAT,
unless agreed otherwise. Unless otherwise agreed or unless Tender Law decides
otherwise, the performances delivered will be invoiced on a monthly basis. The
fees due must be paid within fifteen (15) days following the date of Tender
Law’s statement of fees, unless this is deviated from in the statement of fees.
In case of late payment, the client is legally and without notice of default
liable to pay interest at the rate of 8% of the stated invoice amount from the
due date, increased by a one-off interest due to late payment of 10% of the
stated invoice amount with a minimum of 40 euros by way of damages. Any dispute
must be notified in writing within ten (10) days following the date of the fee
note. In the absence of such notification, the fee note shall be deemed to have
been accepted in its entirety.
11. Pursuant to applicable deontological regulations, Tender Law may, on
occasion, use a client’s name for marketing purposes and/or in a context that
can be considered advertising by lawyers.
12. Should one or more provisions of these general terms and conditions
be invalid or inapplicable, this shall in no way affect and/or influence the
validity and applicability of the other provisions of these general terms and
conditions. In this case, the invalid or inapplicable provision shall be deemed
to be replaced automatically by a valid and applicable provision which, to the
extent possible, has an equivalent effect.
13. These general terms and conditions and the relationship between
Tender Law and the client are governed exclusively by Belgian substantive law
and, to the extent applicable, by and with due regard for the deontological
rules of the competent deontological authorities.
14. All possible disputes relating to the relationship between Tender
Law and the client and to these general terms and conditions will be
exclusively dealt with before the courts and tribunals of the judicial district
of Brussels, and where applicable, the competent authorities of the
deontological authorities.
15. These general terms and conditions shall apply from 1 January 2020.
16. A French or Dutch version of these
general terms and conditions can be requested by the client from Tender Law and
will be made available within a reasonable period of time.