1. These general terms and conditions apply to the legal services provided by the lawyers of the BVBA Ardis Law (“Ardis”) firm. The client accepts that these general terms and conditions take precedence over his own general terms and conditions.
2. The contractual relationship exists between the client and Ardis. Depending on the nature and complexity of the case and when required in the interest of an optimal service, Ardis can assign one or more lawyers.
3. When Ardis is required to perfrom due diligence by law, ethical rules or otherwise, the customer will communicate all requested information and documents to Ardis. Failing this, Ardis can terminate the legal services, regardless of whether services have already been provided and without prejudice to the client's obligation to reimburse the services and costs already provided.
4. Our fees are determined, as also described on the Ardis website: either 1) on the basis of an hourly rate (excluding costs and VAT); or 2) on the basis of fixed amounts per service as agreed with the client; Unless otherwise agreed, office costs are calculated by a flat rate of 8% of the fee. Expenses are invoiced separately (this concerns, for example, bailiff costs, travel, issuing costs for judgment, court fees, etc.) During the first consultation, all relevant information regarding fees and costs is communicated to the client. Ardis may request a retainer. Ardis' invoices are communicated by e-mail and are payable within 15 days of the date of dispatch. In case of late payment, the legal interest and a fixed compensation of 10% of the outstanding amount are due without prior notice of default. Ardis may change its hourly rates from time to time.
5. The client acknowledges and accepts that Ardis's lawyers are solely required to provide their best effort, with respect to legal and ethical requirements. The contractual and extra-contractual liability of Ardis and its lawyers towards the client and third parties for any damage, loss or cost that is directly or indirectly the result of the services, actions or negligence by Ardis and / or its lawyers are limited to the amount actually paid under Ardis' professional liability insurance, except in the case of an intentional error or fraud on the part of Ardis. A copy of the provisions of this professional liability policy is provided to the client free of charge and upon first request.
6. Ardis can terminate their legal counsel of the client for any reason, in accordance with the applicable ethical rules, including when unpredictable or unforeseeable circumstances arise that make the provision of services by Ardis difficult or impossible, including non-payment of Ardis invoices within 10 days. after notice of default. The client can terminate the representation by Ardis in writing at any time. The termination of the service does not affect the client's obligation to reimburse the services and costs performed prior to the termination.
7. Notwithstanding Ardis makes reasonable efforts to keep its emails and attachments free from viruses or other defects that may affect computers or an IT system, it remains the responsibility of the client to ensure that appropriate measures are in place to protect the computers and the Protect the client's IT system against such viruses or defects. Ardis accepts no liability for any loss or damage resulting from the receipt or use of electronic communications from Ardis. For more information, please refer to our privacy policy, which you can find on our website.
8. The relationship between Ardis and the client is governed by Belgian law. In the event of a dispute, the courts of Antwerp (Belgium) have sole and exclusive jurisdiction.
9. If any provision (or part thereof) of these general terms and conditions would be unenforceable or in conflict with a provision of mandatory law, this will not affect the validity and enforceability of the other provisions of these general terms and conditions. In such event, the parties will negotiate in good faith to replace the unenforceable or conflicting provision with an enforceable and legally valid provision that is as close as possible to the purpose and scope of the original provision.
10. If any conflict exists between these general terms and conditions and the client agreement concluded between Ardis and the client, the provisions of the client agreement will take precedence over the conflicting provisions of these general terms and conditions.
