Quorum Advocatenkantoor BV, having its registered office at Amerikalei 219, 2000 Antwerp and registered in the Crossroads Database for Enterprises under number 0737.483.971 (RPR Antwerpen, Antwerp Branch) (“Quorum”), is a company whose object is to practice the profession of lawyer.
Except in so far as legally impossible, Quorum’s liability shall be limited to the amount covered under the applicable liability insurance policy(ies) taken out by Quorum in the case in question. If and insofar as no payment is made under this insurance policy for any reason whatsoever, any liability is limited to the fee charged by Quorum in the case in question. A claim will expire in any case, if Quorum is not notified in writing of the claim within one (1) month after the discovery of an event or circumstance which gives or could give rise to liability.
Quorum is entitled to use third parties in the performance of its work in the name and on behalf of the client. Quorum shall take due care in the selection of these third parties. Quorum shall not be liable for any acts or omissions by these third parties. Quorum is authorized by the client to accept any limitations of liability of third parties on behalf of the client.
Monies which Quorum receives from the client and which Quorum is required to hold for the client as a client will be placed in a trust account with a financial institution chosen by Quorum. Quorum shall not be liable to the client or any other person for any failure or act or omission of a financial institution with which Quorum holds monies or through which monies are transferred. Consequently, Quorum cannot be held liable to pay back or transfer amounts which the financial institution in question is unable to pay back or transfer.
Any advice given by Quorum is solely for the use of the client and is only given in the context of the matter for which it was given. An advice may not be used by third parties. Nor may third parties rely on it. The client accepts that it shall not disclose any advice to third parties without prior written consent (except, if necessary, to other professional advisors of the client, but without any obligation or liability on Quorum’s part to them). Its contractual obligations are solely towards the client and do not extend to third parties unless Quorum expressly accepts this responsibility in writing.
The client indemnifies Quorum and persons associated with Quorum against all claims by third parties which are in any way connected with or result from the order given by the client and/or the work performed for the client. The compensation will also include the costs of defense.
Unless otherwise agreed, the fee shall be calculated on the basis of the number of hours worked multiplied by the hourly rate established by Quorum.
Expenses paid by Quorum on behalf of the client will be charged separately.
All amounts are exclusive of VAT and exclusive of any tax, surcharge or similar increase which a client, payer or Quorum is obliged to pay or Quorum is obliged to charge on the basis of applicable regulations. The work shall in principle be invoiced to the client on a monthly basis with a payment term of thirty (30) days from the date of the fee statement.
In the event of non-payment of an invoice, the client shall also automatically and without prior notice of default, owe interest at the rate of 10% per year from the due date until the invoice is paid in full. Furthermore, the client shall automatically and without prior notice be liable for a lump sum of 15% on the invoice amount, excluding VAT, with a minimum of 500,00 EUR and a maximum of 12.500,00 EUR, without prejudice to Quorum’s right to claim the actual damage suffered in such case in full from the client.`
These general terms and conditions do not only apply to Quorum, but also to all persons involved in carrying out the order and/or who are or could in any way be liable in connection therewith, including associated persons (insofar as no other agreements have been made or no general terms and conditions apply), as well as all respective legal successors under general title.
These general terms and conditions apply to every order accepted by Quorum, including any follow-up orders and new orders.
The legal relationship between the client and Quorum is exclusively governed by Belgian law, with the exception of rules of international private law. Any disputes shall be submitted exclusively to the competent court in Antwerp, section Antwerp.