- KWETU BV, active under the name EDB LAW is a private company with limited liability (BVBA) with registered seat at MEERLAAN 105, 8300 KNOKKE-HEIST (and with offices at Sluisweg 1, Blue Tower 1, 900 Gent), Belgium, with company registration number 0770.766.354.
- The name EDB LAW indicates the company KWETU BV as well as each individual attorney, advisor or representative involved in handling the file entrusted to EDB LAW for legal advice.
- Client shall indicate all natural or corporate entities who retain EDB LAW to act on his/her behalf before the courts and/or for any other legal advice including but not limited to non-judicial proceedings.
- The relationship between EDB LAW and the client shall be established in an agreement for legal services. This agreement can be included in an engagement letter or can be included in an e-mail reflecting the consent of the client. These general terms and conditions shall be an integral part of the agreement for Legal services and shall be exclusively applicable to the relationship between EDB LAW and the client. The signature of the agreement for Legal services or the acceptance of the offer made in an e-mail by the client indicates his acceptance of the above mentioned general terms and conditions.
- All assignments shall be accepted and executed by EDB LAW exclusively on behalf of the client. The client shall provide immediately EDB LAW with all necessary and relevant information and documents throughout the duration of the assignment. It is the responsibility of the client to ensure that the information provided by him or on his behalf is correct, complete and trustworthy. EDB LAW complies with the obligations imposed in the general data protection regulation and is given the permission by the client to use her / his data in the treatment of her / his file.
- If the client sends information or documents to EDB LAW, the client may only assume that it has been received by EDB LAW if the attorney/advisor handling his file, personally acknowledges the receipt thereof.
- As per applicable laws, EDB LAW is obliged to keep certain information confidential. All letters, advice documents, court documents etc. that EDB LAW disclose to the clients are therefore confidential. The client should therefore respect the confidentiality thereof. The client may only disclose these documents and the contents thereof to third parties after obtaining the express permission of EDB LAW in writing.
- The advice, opinions, contracts, written documents and all other work that is the result of the intellectual labor of EDB LAW shall be protected by the intellectual property rights and may in no event be disclosed, reproduced, introduced into circulation or used in any other way that is not in conformity with the assignment and instructions of EDB LAW, unless with prior express permission from EDB LAW in writing.
- EDB LAW may, for the execution of the assignment, consult any suitable third parties. While consulting with third parties, whether on behalf of the client or not, EDB LAW shall have a duty of care.
- EDB LAW shall charge the client its fees, costs and in certain cases advance payments. The stated amounts and rates are exclusive of VAT.
Except otherwise agreed upon between EDB LAW and the client, the fees shall be calculated according to the time spent on the file by the attorney or advisor.
The hourly fee billed will be agreed upon in the agreement for legal services. The hourly fee may be adjusted according to specific circumstances such as but not limited to the financial value of the case, expertise of the attorney, urgency of the matter, experience, result etc.
The costs refer to specific costs (such as but not limited to the communication, administration, archiving costs); court fees and costs of third parties (such as but not limited to the bailiff, notary public, expert costs, court fees, translation fees) as well as accommodation and transportation and other specific and exceptional costs.
At the time of the signature of the agreement for Legal services an advance payment can be calculated.
If applicable, the advance payment shall be deposited on the account of EDB LAW in order to enable EDB LAW to commence its services. EDB LAW can at its discretion request the client at any time for additional advance payments or request the security for the payment of the foreseeable fees, costs and advanced payments.
- The fees, costs and advanced payments are payable within 15 calendar days from the invoice date.
If the payment has not been received within the specified time, the due amount shall, without any prior notice, be increased with 10% interest per annum as well as a fixed surcharge of 10% on the outstanding amount. Every complaint concerning the fees, costs or advanced payments shall be addressed to EDB LAW by registered mail within a period of eight calendar days after the invoice date. If no complaint is received within this period, the invoice encompassing the fees, costs and advanced payments shall be considered irrevocably accepted by the client.
- EDB LAW reserves its right to, in the event of a late payment or lack of payment of the fees, costs and advance payments, suspend the performance of the assignment as specified in the agreement for legal services, until full payment of the outstanding fees, advance payments and costs has been made or to terminate the agreement for legal services with immediate effect.
- Payment of fees and (interim) fee statements made by the client in performance of the contract legal services are always deemed to be vested by EDB LAW.
- Both the client and EDB-LAW shall have the right to terminate the agreement for legal service with immediate effect and without specifying the reasons. In such circumstances, the client shall be obliged to immediately reimburse EDB LAW all the outstanding balance of fees, advance payments and costs until the date of termination of the agreement for legal services.
- The application by the client for any subsidies or financial assistance in whatever form, regardless of whether it has been granted or not, shall not affect the duty of the client and EDB LAW to perform their duties and obligations.
- The client shall agree that EDB LAW may deduct its outstanding fees, costs and requests for advance payments from the monies recovered or received on behalf of the client on their trust account. EDB LAW shall inform the client in writing as to the exercise of this right.
- The client agrees that EDB LAW has the right to publish, as long as the attorney client privilege and the privacy of the client is respected, the data of the client in publications/magazines, such as Legal 500 both local and internationally and to use these data to compile a file to compete and to qualify as an candidate for rewards such as but not limited to Trends Legal Awards.
- After the assignment has been terminated, the file will be kept for five (5) years after which it will be destroyed.
- The liability of EDB LAW will prescribe five (5) years after the termination of the contract.
- Subject to the above mentioned, the liability of EDB LAW, as well as the liability of any and all individual attorneys, consultants and employees shall be limited to the net amount covered by the profession liability insurance of EDB LAW. The profession liability is insured with the collective insurance policy from the Flemish Bar association with the insurance company NV AMLIN EUROPE, Koning Albert II-laan 9, 1210 Brussel under policy number LXX034899. At the clients’ explicit request, an additional insurance can be concluded or the insurance policy limit can be increased at the cost of the client. At simple request, the insurance certificate shall be provided to the client.
- The client shall protect and compensate EDB LAW entirely for any and all possible third party claims (such as but not limited to costs of defense or damage).
- EDB LAW shall not be liable for any damage, which may result from the suspension or the termination of the agreement of legal service.
- The nullity of one of the clauses or a part thereof shall not result in the present general terms and conditions becoming null and void in its entirety. Should a clause be declared null and void, the concerned clause shall be replaced by an appropriate provision of law.
- Belgian law shall be exclusively applicable to the agreement and to the legal relationship between the client and EDB LAW. The courts of GENT in Belgium shall have the exclusive jurisdiction to hear all disputes arising out of or in connection with the present agreement, notwithstanding EDB LAW right to institute the legal proceedings before the courts that otherwise might have jurisdiction to the client.