General Terms and Conditions Argo
- Argo Law bv (“Argo”) is a civil company incorporated under Belgian law having the legal form of a cooperative company with limited liability, its corporate object being the practice of the legal profession. Argo is registered with the Crossroads Bank for Enterprises (“Kruispuntbank Ondernemingen”) under number 0533.993.314.
- These general terms and conditions apply to all services delivered by Argo for a client, even if the client commissioned an assignment with a view to the execution by one or more specified persons. Argo is exclusively liable for the performance of services by its lawyers and employees. Only Argo has or will have any obligation towards the client or any other person in connection with the services performed by its lawyers and employees. The client accepts not to file any claim regarding any of these services against any other person than Argo. These general terms and conditions also apply to each person involved in the execution of the assignment and/or any person with whom could possibly rest any liability, including former lawyers and/or employees, including their heirs.
- The general terms and conditions are not applicable if and to the extent that Argo and the client agree in writing to deviate from the general terms and conditions. In such case, the provisions of the general terms and conditions that have not been deviated from, remain applicable in full. These general terms and conditions have force of law in the relation between Argo and the client and are deemed to have been accepted by the client if it has not expressed any objection within a reasonable time after the notification hereof. Payment of the fees due entails acceptance of the general terms and conditions.
- The liability of Argo is limited to the amount covered by the professional liability insurance taken out by Argo, unless such arrangement is not possible under Belgian Law.
- Argo may, as appropriate, involve third parties in the performance of services on behalf of the client and will apply the necessary diligence in this regard. Argo is not liable for any acts or omissions of such third parties. Furthermore Argo is authorized to accept, on behalf of the client, limitations of liability of third parties.
- The funds Argo receives from clients and that it needs to hold for them will be placed on a third party account (“derdenrekening”) with a credit institution of Argo’s choice. Argo accepts no responsibility towards the client nor towards any other person for bankruptcy or any act or omission of the credit institution with which Argo holds the funds or through which funds are being transferred. As a result Argo cannot itself be held responsible to repay or transfer amounts that the credit institution concerned is unable to repay or transfer.
- Any advice rendered by Argo is solely for the use by the client and is only given in the context of the assignment for which it has been produced. Third parties may not use Argo’s advice. Furthermore, no third party may rely on it. The client accepts that it will not disclose Argo’s advice to third parties without Argo’s prior written consent (except, if necessary, to other professional advisers of the client, but without any obligation or liability from Argo towards them).
- Unless agreed otherwise, the services performed will be charged on an hourly basis whereby the applicable hourly rate varies according to the seniority of the lawyer. The applicable hourly rate does not include secretarial or other office expenses. These expenses are charged at a lump sum of 7% of the fees that are due. Specific costs and expenses, such as travel expenses, are charged separately, VAT included. The fees do not include VAT. Unless agreed otherwise, the services performed are invoiced on a monthly basis. The fees should be paid within fifteen (15) days from the date of Argo’s invoice. In the event of a late payment and following the serving of a notice of default (“ingebrekestelling”) by Argo , interest is due at the statutory rate (“wettelijke interest”). Any dispute should be notified in writing, within fifteen (15) days from the date of the invoice. In the absence of such notification, the invoice will be deemed to have been accepted.
- Pursuant to the applicable professional rules of conduct, Argo can use the name of a client for marketing purposes (such as CV’s, description of practice and website) or in a context that can be perceived as an advertisement by lawyers pursuant to the applicable professional rules of conduct.
- Where there is an inconsistency between the Dutch, French or English version of these general terms and conditions, the Dutch version shall prevail. The general terms and conditions can be consulted on the website of Argo: argo-law.be
- If any provision of these general terms and conditions would at any time be considered to be invalid or inapplicable, the validity and applicability of the remaining provisions of the general terms and conditions will not be affected. In this case the invalid or inapplicable provision will be deemed to be automatically replaced by a valid and applicable provision that, to the largest extent possible, has an equivalent effect.
- These general terms and conditions as well as the relation between Argo and the client are subject to Belgian law, and, to the extent applicable, by and in compliance with the rules of conduct of the Orde van Advocaten with the Antwerp Bar (‘Balie te Antwerpen’). Any dispute arising out of or in connection with the relation between Argo and the client and with these general terms and conditions will be subject to the exclusive jurisdiction of the courts of the judicial district of Antwerp, and to the extent applicable, of the competent authority of the Orde van Advocaten with the Antwerp Bar.