Terms & Conditions

1.    Parties, Object and Scope

These terms and conditions define the legal relationship between on the one hand de company ARTES ADVOCATEN BV, with registered office at Vlaamsekaai 85, BE-2000 Antwerp (C.N. BE 0726.650.358) (“ARTES”) and on the other hand the individual or legal person to whom the engagement letter is addressed (the “client”). The client acknowledges that no other conditions such as -but not limited to- potential general of specific (acquisition-)policies referenced by the client apply to the legal relationship between the client and ARTES concerning the services provided by ARTES. The services delivered by ARTES to the client will be included in the engagement letter and may be modified or broadened by mutual written agreement (by letter, email or otherwise). These services can consist of representing the client in disputes, negotiations, mediation, etc., providing legal advice and/or assist the client in respecting legal provisions. The nature of the commitment of ARTES will be in principle an obligation of means, unless agreed upon otherwise in writing. In the event ARTES relies on third parties for the services, ARTES will notify the client in writing, including the conditions of the services of this third parties. When the client agrees to the involvement of such third party, a direct legal relationship between the client and the third party will be established agreed upon otherwise in writing.

 

2.    Information; questions and complaints

The client commits to provide ARTES all information relating to the handled files in order to enable ARTES to provide a qualitative service. Potential questions or complaints concerning ARTES’ services shall be communicated forthwith by email on the address mentioned in this engagement letter.

 

3.    Fees, costs; payment terms

The rates applied for services are included this engagement letter. In the absence of a prior written agreement concerning the compensation of ARTES, the services of ARTES will be invoiced based on an hourly rate. These rates based on the complexity of the matter, the requested level of expertise and the urgency of the matter. Costs and VAT will be classified separate on the invoice of ARTES; on simple request an overview of the time spent (if services are rendered at an hourly rate) and supporting documents of the born costs will be transmitted to the client. Invoices of ARTES are payable cash, without discount, on the bank account number mentioned on the invoice. ARTES is at all time entitled to require a provision regarding the deliverables. In the event the client fails to pay the invoice fully within a period of thirty (30) days after invoice date, the client is automatically and without notice obliged to pay a post maturity interest to ARTES amounting 10% of the total invoice fee with a minimum of €150,00. In the event of an incomplete and/or late payment, or when righteous indications are present that the client will not be able to meet the invoices of ARTES, ARTES will be justified to partially or fully suspend its services, require payment guaranties and/or sureties of the client, or demand immediate payment of the outstanding amounts. In the event ARTES renders its services at a prior agreed hourly rate, these rates will be automatically and without prior notice to the client adjusted to the consumer price index as published by STATBEL on the anniversary of the engagement letter.

 

4.    Liability

The attorneys of ARTES are insured through the Order of Flemish Bars by professional indemnity insurers Amlin Europe NV, Koning Albert II-laan 9, 1210 Brussels and AG Insurance NV E. Jacqmainlaan 53, 1000 Brussels. The liability of ARTES is limited to the amount reimbursed by these professional indemnity insurers, increased with the sum of own risk. The client accepts expressly that, in the event the professional indemnity insurer(s) -for any reason whatsoever- wishes not or do not wish to carry out reimbursement, the liability of ARTES is limited to the amount paid by the client for the services which are the direct cause of the damages suffered by the client, with a maximum amount of €125.000. Any other or higher damages, including damages resulting from al loss of chance, turnover or profit, loss of clientele of suppliers, damages directly or indirectly caused by a third party, etc. are expressly excluded. In addition, ARTES cannot be held liable when the information provided by the client is late, incomplete and/or incorrect, and/or for faults or shortcomings in the services of third parties (other law firms, accountants, notaries, bailiffs, public authorities, financial and or IT-services, logistic companies, etc.) even when these are involved at the suggestion of ARTES. Potential claims of the client will be addressed to the member of ARTES mentioned on the engagement letter by registered letter.

 

5.    Conflict of Interest

In the event ARTES notices a potential or present conflict of interest in the rendering of services, she will immediately inform the client, and both parties will make the necessary arrangements to avoid or solve such conflict of interest. The client acknowledges expressly that any conflict of interest is limited to the matter or matters entrusted by the client to ARTES.

 

6.    Processing of personal data

Depending on the matter, ARTES is the data controller or the data processor of the personal data of the client and the third parties appointed by the client (directors, associates, clients and/or suppliers…). ARTES carries out the processing of personal data with the appropriate due diligence, as stated in her privacy policy, published on her website (https://www.artes.law). The client expressly agrees to the processing of personal data, though enabled to withdraw its consent at any moment. The withdrawal of consent does not affect the legitimacy of the processing based on the consent prior to the withdrawal. Within the scope of the services the following personal data will be processed by ARTES: first name, name, address, phone number(s), professional function(s), sex, birth date, bank account number, e-mail address(es), etc. ARTES uses these data to manage your files, for client administration, to improve her services, the run the website and to perform market studies. ARTES can use the data for direct marketing purposes, informing the client on legal changes and alert the client of the consequences thereof (in the form of newsletters, client alerts, etc.) The client gives expressly consent but is able to withdraw this consent at any time by sending an email to privacy@artes.law. Furthermore, ARTES is obliged to request a proof of identity of her clients in order to comply with her obligations in the context of -amongst others- the anti-money laundering legislation. ARTES stores your personal data in her databases until deletion in compliance with the legal retention period. ARTES reserves the right to provide information to public authorities based on a legal or judicial imposed obligation. You can request access, actualization or rectification of incorrect data, the deletion and/or limitation of the processing thereof. In the event you wish to exercise the mentioned rights, we would like to receive a copy of your identity card through privacy@artes.law, in order to check of the request has been made by the party involved. You are able to object the processing at any moment and you have the right to receive your data in a structured, common, machine-readable form, as well as transpose this data to another data processor. In the event you have any questions or complaints regarding the exercise and/or the processing of your personal data, you can collect additional information by sending an email at privacy@artes.law.

 

7.    Use of IT Services

In the delivery of services ARTES uses het own IT-applications, as well as applications of third parties. The parties hosting the applications of ARTES possess at least ISO 9001 and ISO 27001-certifications. These applications and services are disposed to the client in their present state. ARTES cannot be held liable when these applications or services are unavailable, contain errors, cannot be modified to the needs of the client or when the client limits the use of these services. When the services explicitly make use of certain applications or IT-services, this will be explicitly mentioned in the engagement letter, as well as the conditions upon which these applications or services are disposed to the client.

 

8.    Supervising authorities

The attorneys of ARTES are under the deontological supervision of the Batonnier of the Bar of Antwerp, Bolivarplaats 20/15, 2000 Antwerp (https://balieantwerpen.be). Complaints concerning the processing of personal data can be filed at the Belgian Data Protection Authority (https://www.gegevensbeschermingsautoriteit.be).

 

9.    Other provisions

All attorneys of ARTES are members of the Order of Flemish Bars and fall under the scope of article 428 et seq. Ger.W., including the applicable deontological rules. The client explicitly acknowledges and agrees that provisions deviating from these general conditions will only be valid at prior written agreement by both parties, where in such agreement an explicit reference to the article is included. General deviating provisions will not be valid. In the event of ore more provisions are fully or partially invalid and/or unenforceable, this will not affect the validity and/or enforceability of the other provisions. Such invalid or unenforceable provisions will be interpreted or replaced by valid and enforceable provisions which correspond the closest to the initial provisions in terms or content, scope, and intention. Solely the Belgian law, with exclusion of provisions of international private law, is applicable on the legal relationship between ARTES and the client; only the courts of the judicial district Antwerp, section Antwerp are authorized to take note of the disputes regarding the establishment, exercise and termination of the agreement(s) between ARTES and the client. Both parties will make the appropriate efforts to settle their dispute amicable, if necessary, by intervention of a mediator or the Batonnier of the Order of Attorneys Antwerp.

Privacy Policy

To be completed