General conditions

1. These general terms and conditions govern the contractual relationship between the client and Moore Law Belgium BV (hereinafter "MOORE LAW"), with registered office at 1020 Brussels, Esplanade 1 bus 88, CBE 555.651.236.
2. These general terms and conditions apply to all services provided or to be provided by or on behalf of MOORE LAW, including services provided by its partners, employees and trainees and by all other persons who collaborate with MOORE LAW or for whom MOORE LAW is responsible. Entrusting a file to Moore Law automatically implies acceptance of these general terms and conditions for both the file in question and subsequent files, subject to any subsequent changes. The application of the client's general terms and conditions is hereby expressly excluded.
3. The client undertakes to provide all data and information and guarantees the accuracy, completeness and reliability of the information provided to MOORE LAW by or on behalf of the client. The client undertakes to inform MOORE LAW in good time of any procedural initiatives to be taken and to forward to MOORE LAW without delay all possible documents that are brought to the attention of clients and/or served on them in the context of legal proceedings and/or disputes.
4. All assignments from clients are deemed to have been given exclusively to and also to have been carried out by MOORE LAW, even if it is the express or tacit intention that an assignment will be carried out by a specific person. The assignment is deemed to have been given for an indefinite period, unless expressly agreed otherwise or unless the nature of the assignment implies that it has been given for a definite period or for a specific project. The assignment may be terminated in writing by either party at any time.
5. MOORE LAW will, as dominus litis, make every effort to achieve the result intended by the client, without being able to offer any guarantees in this regard. MOORE LAW always strives to provide optimal assistance and correct advice in accordance with the current state of legislation, case law and legal doctrine, but cannot be held liable for incorrect or fraudulent intentions on the part of the client, which would result in improper use of the assistance provided.
6. The assignment will be carried out exclusively for the benefit of the client. Third parties cannot derive any rights from the work performed and its results.
7. Unless expressly agreed otherwise, all assignments will be carried out on an hourly basis at MOORE LAW's hourly rates. The standard hourly rates applied by MOORE LAW are the rates agreed at the start of the service provision and may be the subject of a separate letter of engagement. MOORE LAW may adjust its rates depending on the nature of the case, the effort involved, the degree of difficulty, the specialization and experience of the lawyer handling the case and the urgency of the assignment. MOORE LAW may also adjust its standard hourly rates at the start of a new calendar year. The rates are exclusive of 21% VAT, general office costs (flat rate of 8%) and specific file-related costs. Fees and costs of third parties advanced by MOORE LAW will be charged separately to the client.
8. MOORE LAW has the right to request a retainer from the client via a retainer invoice, both before the commencement of and during its work. In that case, the work will only be commenced or continued after payment of this retainer.
9. MOORE LAW's fee statements are payable within 15 days of the invoice date. If the client does not agree with the amount of the fee statement, he must protest this in writing within 8 days. In the event of non-payment on the due date, the interest referred to in the Law of 2 August 2002 on combating late payment and a 10% increase in the total amount shall be payable by operation of law. MOORE LAW reserves the right to suspend all its activities until all invoices have been paid in full, or to terminate the agreement with the client. MOORE LAW cannot be held liable for any damage resulting from the suspension of its activities or the termination of the agreement with the client.
10. If the client calls on a legal expenses insurer, the client remains obliged to pay MOORE LAW the fees for the part of the fees that is not paid by the legal expenses insurer.
11. MOORE LAW may deduct sums from the amounts it receives on behalf of the client to settle the amounts owed by the client. It shall inform the client of this in writing.
12. The professional liability of MOORE LAW, its partners, employees and trainees is insured through the Flemish Bar Association with MS AMLIN Insurance SE via Vanbreda Risk & Benefits under policy number LXX034899. The liability of MOORE LAW, its partners, employees and trainees is limited to the amount paid out by the insurance company under the professional insurance policies taken out by MOORE LAW or, failing that, to the amount of the fee charged for the assignment in question, except in cases of bad faith or willful misconduct. The policy, or a certificate of this policy, can be obtained on simple request. At the express request of the client, insurance for a higher amount can be taken out for a specific file, provided that the client pays an additional premium. In any case, any claim for compensation shall lapse if it is not brought before the competent court within one year after the facts on which the claim is based were known or could reasonably have been known to the client. Claims relating to services provided by MOORE LAW can only be brought against MOORE LAW. Insofar as the law allows partners, associates or employees of MOORE LAW to be held personally liable, all provisions in these general terms and conditions shall also apply to them.
13. The client acknowledges that compensation for damage caused by the non-fulfilment of a contractual obligation included in the agreement between the client and MOORE LAW is governed exclusively by the rules of contract law within the legal limits, even if the event giving rise to the damage also constitutes a non-contractual fault. The client acknowledges that only MOORE LAW can be held liable for damage caused by MOORE LAW and/or its auxiliary persons within the framework of the agreement. Compensation for damage caused by the non-fulfilment of a contractual obligation by an auxiliary person of MOORE LAW may, within the legal limits, only give rise to a contractual claim against MOORE LAW and not to any liability claim against the auxiliary person. This also applies when the event giving rise to the damage also constitutes a non-contractual fault.
The client waives, within the limits of the law, any claim and any proceedings against MOORE LAW's auxiliary persons.
The following are considered to be MOORE LAW's auxiliary persons: MOORE LAW's staff members, employees, directors and attorneys (even if they provide services as agents). MOORE LAW's attorneys also include: MOORE LAW's attorneys who provide/invoice services to MOORE LAW in the form of a legal entity and the legal entity itself.
14. The client indemnifies MOORE LAW and the lawyers of MOORE LAW working on its behalf against any claim by a third party resulting from the services provided by MOORE LAW on behalf of the client.
15. If and to the extent permitted by mandatory law, the limitations of liability included in these general terms and conditions apply to both minor and serious errors on the part of MOORE LAW and its auxiliary persons.
16. Unless expressly stipulated otherwise, MOORE LAW shall not be liable for the services provided by third parties it engages.
17. MOORE LAW makes reasonable efforts to protect emails and attachments from viruses or other defects that could damage a computer or IT system. However, it is the client's responsibility to take all necessary measures to protect and safeguard their computer or IT system. MOORE LAW accepts no liability for any loss or damage that may arise from electronic communications or documents sent by MOORE LAW.
18. MOORE LAW, as well as all persons engaged in the performance of a client's assignment, may invoke these general terms and conditions, including former employees (including their heirs), if they are held liable after leaving MOORE LAW.
19. MOORE LAW is responsible for the processing of personal data. Personal data is only processed by MOORE LAW for the management and processing of files in the context of the assignment entrusted by the client, as well as for compliance with the legal obligations to which MOORE LAW is bound, more specifically in the context of the fight against money laundering. This processing is based on Articles 6.1, b) and c) of the GDPR (General Data Protection Regulation of 27 April 2016).
The data will only be transferred to third parties in the context of the performance of the assignment entrusted to MOORE LAW by the client or when MOORE LAW is required to do so by any legal provision that obliges it to do so. Personal data relating to the identity of the client will only be used by MOORE LAW to send information, newsletters or invitations to events, subject to the prior consent of the data subject. In such cases, the data subject may withdraw their consent at any time by sending an email to DPO@Moore.be or by sending a registered letter to MOORE LAW. The data will be retained for the entire duration of the assignment entrusted and for the period necessary to enable MOORE LAW to comply with its legal obligations (including accounting and tax obligations) to retain its archives. This period will be extended in view of any possible dispute with the client.
The data subject has the right to request access to their personal data, the correction of data that is inaccurate or incomplete, the erasure of data in the circumstances provided for in Article 17 of the GDPR, or a restriction of processing within the conditions provided for in Article 18 of the GDPR.
The data subject may also object to the processing of his or her personal data as provided for in Article 21 of the GDPR and has the right to request a copy of his or her data in order to transfer it to another data controller.
Any request should be sent by email to DPO@Moore.be or by registered letter to MOORE LAW. The data subject has the right to lodge a complaint with the supervisory authority. In Belgium, the supervisory authority is the Commission for the Protection of Privacy (from 25 May 2018, the "Data Protection Authority" (www.gegevensbeschermingsautoriteit.be).
The client guarantees that the personal data he provides to MOORE LAW for the purpose of managing and processing his file has been provided with the consent of the data subject(s) or on the basis of another legal ground that allows the provision and processing of this data. He also guarantees that this provision is in accordance with the provisions of the GDPR.
20. Depending on the nature of the services provided by MOORE LAW, MOORE LAW may be required to strictly comply with legislation and bar regulations on anti-money laundering and anti-terrorist financing. In such cases, MOORE LAW is primarily subject to an identification and vigilance obligation. In this context, MOORE LAW is required to collect and retain information about the client's identity, characteristics, and the purpose and nature of the transaction for a period of 10 years. To this end, MOORE LAW may carry out checks using external electronic databases. The client is aware of the extensive identification obligations imposed by the applicable anti-money laundering legislation and accepts that the costs and fees associated with this will be charged. This procedure requires the cooperation of the client and obliges clients operating as legal entities or other legal structures to inform their attorney of the ultimate beneficial owner behind this legal form. The client undertakes to inform MOORE LAW of any change that may affect his or her status. The client undertakes to provide the information requested by MOORE LAW upon first request. The data you provide us with will be used exclusively to comply with our legal obligations. If the client refuses to provide the information after it has been requested, MOORE LAW will not be able to enter into the business relationship and, if we have already acted on a provisional basis, we will have to terminate our further intervention. In addition, anti-money laundering legislation requires an attorney, in certain circumstances, to report any suspicions of money laundering or terrorist financing involving the client to the President of his/her Bar. MOORE LAW shall not be liable to the client for the consequences of any reporting made in good faith.
21. MOORE LAW may amend these general terms and conditions from time to time without prior notice. The amended terms and conditions shall apply to all subsequent legal relationships with the client.
22. Belgian law applies exclusively to all legal relationships between clients and MOORE LAW.
23. The parties will endeavour to settle any disputes amicably. If you have a complaint, you can first consult with the attorney handling your case or with one of the partners of MOORE LAW at the address, telephone number or e-mail address listed on our website. If no solution can be found after consultation, you can submit your complaint to the Ombudsdienst Consumentengeschillen Advocatuur (OCA) (Ombudsman Service for Consumer Disputes in the Legal Profession), Staatsbladstraat 8, 1000 Brussels, telephone 02 307 72 20 and email oca@ligeca.be. You may also contact the President of the Bar Association of which the lawyer concerned is a member. Only the courts of Brussels have jurisdiction, without prejudice to MOORE LAW's right to take legal action before the courts of the client's jurisdiction.