General Terms & Conditions
QUORUM is a registered trademark of QUORUM ADVOCATEN BVBA, a law firm with offices in Antwerp and Brussels (BE 0834.703.113). Services performed by QUORUM or its lawyers to a client (“Client”) are subject to these general terms and conditions, unless an alternative written agreement between QUORUM and the Client has been made. The Client is deemed to have knowledge of these terms and conditions and accept them, whenever he calls upon our services.
The Client is responsible for informing QUORUM about any facts or circumstances important or relevant for the assignment. The Client is responsible for the accuracy, completeness and reliability of the information provided to QUORUM.
The Client will timely inform QUORUM about any procedural initiatives to be undertaken. All possible actions that notified and/or served to the Client by third parties in connection with legal proceedings and/or disputes on which QUORUM is advising, will be communicated to QUORUM without delay.
3. Duty of care
QUORUM will provide its best to reach the Client’s expectations.
QUORUM strives for optimum support and accuracy of any advice or opinion given consistent with the current state of law, jurisprudence and legal doctrine. QUORUM cannot be held liable for any incorrect intentions, representations or statements of a Client, or any improper use of services delivered by QUORUM.
Any advice provided by QUORUM is for the Client’s sole benefit and is given solely for the purpose of the matter in respect of which it is given. QUORUM’s advice may not be used or relied upon by third parties. The Client agrees that no advice given by the lawyers of QUORUM will be disclosed to any third party without QUORUM’s prior written consent.
5. Fees and invoicing
QUORUM charges its services on the basis of an agreed upon hourly rate. The hourly rates and time spent is detailed on QUORUM’s fee statements.
Unless explicitly agreed otherwise with the Client, our service fee invoices are payable within 15 days of receipt.
The fees of bailiffs, as well as the fees and costs incurred by them, including court fees, are being charged separately to the Client. If a Client appeals to a legal expenses insurer, the Client still remains bound to pay the portion of the fees for which the insurer does not intervene.
QUORUM is entitled to ask its Clients for an advance in the form of a deposit, including but not limited to foreign Clients without registered office in Belgium. QUORUM invoices its services on a monthly basis in the form of invoices or fee statements. If a Client does not agree with an invoice, the relevant invoice must be protested in writing within 8 days upon receipt of the invoice.
6. Late payment
In case of late payment an interest for delayed payment can be charged without notice of default, calculated at the legally applicable base rate for late payments. In case of late payment, QUORUM is, in addition to a late payment interest, entitled to liquidated damages equal to 15% of the principal amount of the relevant invoice, with a minimum of EUR 250.00, to compensate for costs incurred as a result of the late payment.
In case of default of payment, QUORUM is authorized to suspend its services to the Client until full payment is received or until an alternative arrangement has been made between the Client and QUORUM.
7. Services of third parties
Unless expressly agreed otherwise, QUORUM cannot be held liable for services rendered by third parties. The Client will, unless otherwise expressly agreed with QUORUM, accept that QUORUM can engage other lawyers for specific tasks in the execution of QUORUM’s assignments.
If the services of a bailiff, a notary, an accountant or other third party, are engaged, the Client will have QUORUM make the choice, unless it is expressly agreed otherwise. The Client always settles the fees for these persons himself, unless otherwise agreed upon. QUORUM cannot be held liable for the payment of these expenses.
8. Professional Liability
QUORUM ADVOCATEN BVBA as well as its associates are covered by a professional liability insurance.
The liability of QUORUM, as well as its associates, is limited to the amount effectively covered by our professional liability insurance.
9. Applicable law
These terms and conditions and the relation between QUORUM and the Client are governed by Belgian Law and, where applicable, by the ethical rules of the Bar. In case of a dispute, parties will always seek to first settle their possible disputes amicably.
All possible disputes concerning the relation between QUORUM and the Client or these terms and conditions shall be settled exclusively before the Dutch-language courts of the judicial district of Brussels and, where applicable, the competent authorities of the Bar Association of the Bar of Brussels.
10. Electronic correspondence
Documents, messages and data of any kind that are sent by QUORUM to the Client by email, whether or not they contain confidential information, are never encrypted. All electronic communication is only indicative and cannot lead to liability of QUORUM, unless explicitly stated otherwise and except for attachments in PDF format that are signed on behalf of QUORUM.
QUORUM makes reasonable efforts to keep emails and attachments free of viruses or other defects that could lead to damage to a computer or IT system. However, it is the Client’s responsibility to take all necessary measures to protect and safeguard its computer or IT system.
QUORUM accepts no liability or responsibility for any loss or damage that may result from receiving or not receiving, using or not using, electronic communications or documents from QUORUM.