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 7 % 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. Depending on the nature of the services to be provided by Tender Law to the client, Tender Law may be required to strictly comply with anti-money laundering and anti-terrorist financing laws and bar regulations. In such a case, Tender Law is primarily bound by a duty of identification and due diligence with respect to her client and any agents and/or ultimate beneficiaries. Within this framework, Tender Law is obliged to keep information on the identification, the characteristics of the client and the purpose and nature of the transaction for a period of 10 years. For this purpose, Tender Law may proceed to carry out checks using external electronic databases. The client is aware of the extensive identification obligations imposed by the applicable preventive anti-money laundering legislation and accepts that the corresponding costs and fees will be charged accordingly. This procedure requires the cooperation of the client and requires clients working under the form of a legal entity or other legal arrangement to inform Tender Law who is the beneficial owner behind this legal form. The client undertakes to inform Tender Law of any change that may affect his or her status. The client undertakes to provide the information requested by Tender Law upon first request. If the client refuses to provide the information, after it has been requested, Tender Law will not be able to enter into the business relationship and, if preliminary action has already been taken, further intervention will be terminated. In addition, anti-money laundering legislation requires Tender Law to report to the President of the bar in certain circumstances possible suspicions of money laundering or terrorist financing in which the client is allegedly involved. Tender Law is not liable to the client for the consequences of any reporting made in good faith. The obligations hereunder are without prejudice to the professional secrecy which continues to characterize the relationship between the client and Tender Law.
12. 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.
13. 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.
14. 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.
15. 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.
16. These general terms and conditions shall apply from 1 January 2020.
17. 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.