Article 1. Identifier
TIBERGHIEN is a private limited company with its registered office at 1000 BRUSSELS, Avenue du Port 86C, box 419 and registered in the Crossroads Bank of Enterprises under the number 0417.899.754.
T: +32 2 773 40 00
F: +32 2 773 40 55
TIBERGHIEN is a law firm. TIBERGHIEN, and not the individual lawyers, provides services to the client (hereafter “Client”). The individual lawyers working for TIBERGHIEN all bear the professional title of lawyer (under Belgian law) and are all registered with their respective bar associations.
TIBERGHIEN's registered office is deemed to be the place where these obligations are discharged.
Article 2. Scope
These General Conditions (hereafter “General Conditions”) apply to each performance, including the first meeting, that TIBERGHIEN provides to a Client, except where agreed otherwise in writing between TIBERGHIEN and the Client.
Each performance concerns the services included in the service agreement, as well as the first meeting and all future performances commissioned by the Client, regardless of the way in which this assignment was communicated. This can be inferred, among other things, from the fact that TIBERGHIEN does not object to ongoing services within a reasonable period of time.
If another written agreement exists between TIBERGHIEN and the Client, then the General Conditions will only apply to the extent that they do not deviate from what is stipulated in that agreement.
These General Conditions are deemed to have been accepted upon signing of the service agreement of which these General Conditions form an integral part. If no service agreement is signed, then the General Conditions will be deemed to have been accepted if no written objection has been made within a period of fifteen (15) days of their receipt.
These General Conditions can be consulted via the website: https://www.tiberghien.com/nl/algemene-voorwaarden.
These General Conditions are available in Dutch, French and English. In the event of any discrepancy between the different versions of the General Conditions, the Dutch version will prevail.
Article 3. Cooperation
The Client undertakes to provide TIBERGHIEN immediately with all information necessary or useful to enable TIBERGHIEN to properly carry out its activities.
TIBERGHIEN is under no circumstances liable for any damage that may arise as a result of incorrect, incomplete, unclear and/or misleading information received from the Client.
Article 4. Fees and charges
The services provided by TIBERGHIEN are usually, but not exclusively, invoiced on the basis of hourly rates.
Our standard hourly rates range from EUR 125 to EUR 350. The individual hourly rates are revised at regular intervals in accordance with the lawyer's experience, and without prior notice to the Client.
However, the final fees may vary according to the urgency of the performance, its complexity, the result achieved, its innovative or value-creating nature, the lawyer's experience, practical experience within the specific domain, etc.
In some cases, a success fee may also be charged.
In principle, the services supplied and costs incurred by TIBERGHIEN will be settled on a monthly basis.
The fees described above do not include general office costs and specific costs.
The general office costs include secretarial costs, archiving, etc. These general office costs are estimated at 7.5% of the fee charged.
The specific costs are stated separately on the invoice. They include translation costs, procedural costs, travel costs, special shipping costs, documentation costs, bailiff fees and third-party fees. They shall also include any negative interest that the financial institution would charge on the Client's funds held in the third-party account as described in Article 12.
The fees and costs of TIBERGHIEN are subject to 21%.
TIBERGHIEN may request one or more advance payments before the start of the assignment and during the handling of the case. These advances will be deducted from the final settlement.
Any estimate of fees is made in good faith, but is in no way binding, unless expressly agreed otherwise.
TIBERGHIEN's invoices, statements of fees, advances and any other request for payment can be sent to the Client either electronically or by regular mail.
The Client undertakes to inform TIBERGHIEN without delay of any change in his/her/its contact details and to ensure that electronic communication can be received.
Article 5. Invoicing and formal principal and underlying Client
The (legal) person who has given the formal instruction to provide services is deemed to be the Client.
In the event that the formal principal acts for an underlying Client, this principal is deemed to be the Client until after the explicit acceptance by the underlying Client of TIBERGHIEN's assignment and General Conditions.
TIBERGHIEN will only invoice the formal principal unless there is an explicit acceptance by the underlying Client of TIBERGHIEN's assignment and General Conditions.
If performances have already been carried out in the context of the assignment, then the formal principal can only be discharged from payment for these performances from the moment that the underlying Client has agreed to the performances that have already been carried out and TIBERGHIEN's General Conditions.
Article 6. Payment and interest on late payment
Fees and costs due must be paid within thirty (30) days of the invoice being drawn up. Advance invoices must be paid at the latest within seven (7) days after drawing up the advance invoice.
In the event of late payment, the Client will owe, by law and without prior notice of default being required, default interest of 8% per annum and a fixed compensation of 10% on the overdue amount.
Moreover, TIBERGHIEN has the right to discontinue the execution of its obligations arising from the agreement after a written reminder if the Client fails to fulfil its payment obligations and without this being a reason for the Client to claim damages.
Article 7. Disputes regarding invoices
Invoices must be disputed within twenty-one (21) days of receipt. Receipt is deemed to have taken place two (2) days after the date stated on the invoice.
This objection should preferably be lodged by e-mail to email@example.com and includes a justification of the objection.
After the expiry of the twenty-one (21)-day period, the invoice is deemed to have been accepted.
Article 8. Processing of personal data
As a data processor, TIBERGHIEN is responsible for processing all the personal data provided. For more information about our processing activities, please refer to the privacy statement published on our website (https://www.tiberghien.com/nl/privacybeleid).
Personal data is processed within the framework of the performance of the service agreement and to protect the Client's interests as well as to comply with legal obligations. Personal data may also be used to provide information on legal developments or to issue invitations to events organised by TIBERGHIEN.
Personal data will not be kept longer than necessary and, in particular, in accordance with the statutory retention periods laid down in the preventive anti-money laundering legislation.
Clients have the right to access, make corrections to and update personal data. Clients may impose restrictions on further processing activities, request the deletion of all personal data or request a copy of the personal data in a readable form so that this data can be transferred. All such requests should be addressed to firstname.lastname@example.org. If TIBERGHIEN's response is not sufficient, then the Client may contact the Belgian Data Protection Authority by e-mail at email@example.com.
Article 9. Anti-money laundering legislation
The Client acknowledges that the services could fall within the scope of the Law of 18 September 2017 on the prevention of money laundering and terrorist financing and on the restriction of the use of cash.
Under these regulations, TIBERGHIEN is obliged to impose the duty of Client identification and due diligence regarding the Client, their agent(s) and their ultimate beneficiary/ies.
The Client must cooperate in this respect and must provide, upon first request, all the required information, corroborated by the required documentation. If this information were to change during the term in which services are provided, then TIBERGHIEN must be informed immediately.
TIBERGHIEN reserves the right to suspend or stop any and all services when no or insufficient information is provided or when doubts arise regarding the accuracy of the information provided. The suspension or cessation of services entails no liability whatsoever on the part of TIBERGHIEN and in no sense affects the services already performed and billable.
The Client accepts that the costs and fees for performances carried out within the framework of the obligations set out in this legislation will be charged.
Article 10. DAC 6
The Client notes that services of a cross-border nature may fall within the scope of the Act of 20 December 2019 transposing Council Directive (EU) 2018/822 of 25 May 2018 amending Directive 2011/16/EU as regards the mandatory automatic exchange of information in the field of taxation concerning “cross-border arrangements” subject to notification (hereafter “DAC 6”) and declares its agreement with its application vis-à-vis the Client.
Under DAC 6, as from 1 January 2021, any intermediary intervening in advising or implementing mandatory “cross-border arrangements” may be required to report on these arrangements.
There is an exception to this reporting duty if the intermediary is bound by a legally protected professional secret (including lawyers) when acting in the context of analysing the legal position of a taxpayer or defending or representing a taxpayer in litigation, including legal advice relating to the start or the avoiding of litigation. The notification obligation will then shift ultimately to the taxpayer who will have to be informed by the lawyer and the Client will have to notify the qualifying "cross-border arrangements". If the Client is in this situation and no other intermediary makes the notification, then the Client itself will take the necessary steps to make the notification. Under no circumstances can TIBERGHIEN be held liable for whether or not reporting or for the regularity of that report. In that case, the Client may mandate TIBERGHIEN to report on behalf of the Client, for which specific arrangements will then be made.
Although the duty to report comes into effect on 1 January 2021, this duty applies retroactively to some “cross-border arrangements” since 25 June 2018.
Article 11. Intellectual property
TIBERGHIEN's work is protected by intellectual property rights.
The Client is not entitled, without TIBERGHIEN's permission, to publish, reproduce or use TIBERGHIEN's work (advice, agreements, procedural documents, or other intellectual work), in any form whatsoever, either itself or with the help of third parties, in a context other than the agreed assignment.
Article 12. Third-party monies
TIBERGHIEN will pay all amounts it receives for its Client within the shortest possible time to its Client.
TIBERGHIEN may deduct monies from the amounts it receives for the account of the Client to cover outstanding advances, fees or costs. TIBERGHIEN will inform the Client of such deduction in writing. This provision does not affect the Client's right to challenge the statements of fees and to claim payment of these withheld amounts.
TIBERGHIEN will pay all amounts it receives from the Client, on behalf of third parties, to these third parties as soon as possible.
Article 13. Liability
TIBERGHIEN's commitments are effort-driven, as opposed to result-driven. It follows from this fact that TIBERGHIEN does not commit to achieving a predetermined result, but will only use its best efforts in the interests of the Client.
The Client accepts that only the office can be held liable and not TIBERGHIEN's individual lawyers or employees.
TIBERGHIEN's professional liability, and that of the lawyers acting within the framework of a cooperation agreement with TIBERGHIEN, as well as their appointees in law and in fact and all persons for whom TIBERGHIEN can be held civilly liable, is insured in the first instance with NV Amlin Europe, 1210 BRUSSELS, Avenue du Roi Albert II 9. This policy provides worldwide cover for activities carried out by the insured persons from their offices in Belgium. However, this is subject to clarifications and nuances made in the policy itself and with the exception of claims brought against the insured in the United States or Canada or under the legislation or jurisdiction of the United States or Canada.
In addition to the policy taken out with NV Amlin Europe, TIBERGHIEN has taken out three additional professional liability insurance policies with AIG Europe Ltd, Zurich Benelux and HDI Global Specialty SE. These additional policies provide worldwide cover for activities carried out by the insured persons from their offices in Belgium. However, this is subject to clarifications and nuances made in the policies themselves.
TIBERGHIEN's professional liability is in any case limited to the amount covered by the professional liability insurance. More information about the full cover can be obtained upon request.
The Client acknowledges that TIBERGHIEN's professional liability insurance is sufficient.
Under no circumstances can TIBERGHIEN be held liable for any shortcomings in the performance provided by third parties it calls upon, nor for recommending such third parties.
If the professional liability insurer does not cover the damage, for whatever reason, then TIBERGHIEN cannot be held liable, either for contractual or extra-contractual liability, and will not owe any compensation to the Client.
Article 14. Termination of the Agreement
The Agreement may be terminated by either Party at any time without cause by giving written notice to the other Party.
If the written notification is given by TIBERGHIEN, then the period of time required by the Client to obtain timely legal assistance from another service provider will be taken into account. However, this period may not exceed two weeks. This paragraph does not apply if the termination of the Agreement is the result of a legal obligation. In that case, the termination will be effective immediately.
If it is the Client who gives the written notice, then the agreement will be terminated immediately and the Client will not owe TIBERGHIEN any compensation. However, the Client will remain obliged to pay for the services provided by TIBERGHIEN, costs incurred, etc., until the moment that TIBERGHIEN becomes aware of the written termination of the agreement. In addition, the Client also remains liable for the performances associated with the closure and transfer of the file.
TIBERGHIEN will not be liable for any damage resulting from the termination of the agreement.
The termination of the agreement or the end of the mandate and of the obligations arising from that, do not release the parties from the agreements made in the General Conditions or in the underlying service agreement.
Article 15. Severability
In the event of severability or inapplicability of a clause or any specific aspects, the validity of the remaining clauses of the General Conditions will not be prejudiced.
The invalid or inapplicable clause will be replaced by mutual agreement between the parties, by a clause as close as possible to the original clause in its intention.
Article 16. Changes
TIBERGHIEN reserves the right to amend these General Conditions at any time.
Article 17. Applicable law and competence
17.1. The General Conditions and the relations between TIBERGHIEN and the Client are governed exclusively by Belgian law and, to the extent applicable, by, and with respect for, the ethical rules to which the lawyer is subject. Further information in this respect will be provided upon request.
17.2. Disputes are preferably settled amicably.
If no amicable settlement is possible, then disputes between TIBERGHIEN and the Client will be settled exclusively before the courts of Brussels.
To the extent applicable, the Client may apply, as appropriate, to the competent authorities of the Bars of Brussels, Antwerp, Ghent or Hasselt.
17.3. Consumers can, depending on the case, also submit a complaint to the Ombudsman Service for Consumer Disputes relating to the Legal Profession (OCA) or Service Ombudsman des avocats de l’Ordre des barreaux francophones et germanophone. More information can be found on the following website: http://oca.ligeca.be/en/.
Article 1. Scope
1.1. Present general conditions apply to each performance of Tiberghien Luxembourg S.à r.l. to a client, except where agreed otherwise in writing between Tiberghien Luxembourg S.à r.l. and the client, in which event present general conditions only apply to the extent they do not differ from what has been stipulated in such agreement.
1.2. Present general conditions have force of law in the relation between Tiberghien Luxembourg S.à r.l. and the client and are deemed to be accepted by the client if he has made no objections within a reasonable term upon their receipt. Acceptance of present general conditions may be inferred from amongst other things, however not exclusively, a normal continuation of performances by Tiberghien Luxembourg S.à r.l. without opposition of the client within a reasonable term.
Article 2. Payment of fee notes
2.1. Our services are charged on a hourly basis of which the rate varies according to the experience of our colleague, the complexity of the matter at hand, the degree of urgency of the case and the achieved results. The first consultation will be charged according to the same criteria.
2.2. The hourly rates do not include VAT nor secretarial services and small office costs made by our firm. An additional 7,5% on the fees will be charged to cover those services. Special costs and expenses (such as for example travel and other disbursements) will be invoiced separately.
2.3. Our fees are subject to 17% VAT.
2.4. Unless expressly determined otherwise, fees due by the client for performances shall be paid no later than thirty (30) days following the date mentioned on the Tiberghien Luxembourg S.à r.l. statement of fees related to the performances. Advance fee notes shall be paid no later than seven (7) days following the date mentioned on the statement of fees.
Article 3. Late payment
3.1. In the event of a late payment, an annual default interest of 7% shall be due by the client, after Tiberghien Luxembourg S.à r.l. has formally served a notice of default payment of the statement of fees from the client whereby the latter is informed that a default interest shall be charged. Furthermore, in such event a fixed compensation amounting to 15% of the outstanding fees must be paid by the client to compensate the costs caused by the late payment.
Article 4. Professional liability
4.1. Tiberghien Luxembourg S.à r.l. has subscribed a professional liability insurance to cover its possible professional liability, as well as that of its partners, each lawyer, associate or trainee, acting in the framework of a cooperation agreement with Tiberghien Luxembourg S.à r.l.
4.2. The liability of Tiberghien Luxembourg S.à r.l. vis-à-vis the client, as well as that of its partners, each lawyer, associate or trainee, in connection with performances in the framework of the cooperation with Tiberghien, shall always be limited to an amount covered by Tiberghien Luxembourgs S.a r.l.'s professional liability insurance.
Article 5. Applicable law and jurisdiction
5.1. These general conditions and the relation between Tiberghien Luxembourg S.à r.l. and the client are governed by Luxembourg law and, to the extent applicable, by and taking into account the professional rules of conduct issued by the Luxembourg Bar.
5.2. Any possible dispute arising out of or in connection with the relation between Tiberghien Luxembourg S.à r.l. and the client or these general conditions shall be exclusively settled before the courts of the Luxembourg judicial district and, to the extent applicable, the competent bodies of the Luxembourg Bar.