These general terms and conditions apply to all work performed for the client by the law firm Timelex SRL, with registered seat at Rue Joseph Stevens 7, 1000 Brussels, Belgium, VAT BE 0890.217.005. Any other terms and conditions apply only if Timelex has accepted these explicitly in writing.
The lawyers and legal consultants associated with Timelex provide their services on behalf and for the account of Timelex. All work assigned to any lawyer or legal consultant of Timelex is deemed to have been assigned to the corporation Timelex SRL. There is thus no contractual relationship between the client and a lawyer or legal consultant of Timelex, and the client accepts not to file any claims against a lawyer or legal consultant of Timelex. Besides Timelex these general terms and conditions may be relied upon by any person or entity which is or has been involved in the performance of an assignment and/or which is or may in any way be liable in connection therewith, such as current and former individual lawyers, legal consultants, employees and sub-contractors of Timelex, including their heirs.
A fee for the services and costs is agreed upon between the client and Timelex. Any agreed upon fee is always exclusive of VAT. Timelex reserves the right to ask the client for an advance payment before the start and in the course of its work and to only start or continue its work or to advance costs after the receipt of the advance payment.
Unless otherwise agreed upon, the client will be invoiced after the end of each calendar month. All invoices are payable at the seat of Timelex within 14 calendar days as from the invoice date. In the event of non-payment on the due date, Timelex will, from the following day, as of right and without notice of default, be entitled to late payment interests amounting to the interest rate provided in the Act of 2 August 2002 on combating late payment in commercial transactions, a lump-sum compensation of 10% of the outstanding amount with a minimum of € 150,00, and per notice of default a fee of € 35,00. Invoices need to be disputed within this expiration period with a detailed description of the reasons for it; otherwise the client is deemed to have accepted the invoice. The payment of an invoice also constitutes acceptance of it.
Unless the nature of a particular performance reveals without any doubt that it is a result obligation, the services of Timelex are obligations to use best endeavours. The liability of Timelex for any damage (principal amount, interests, costs and fines), regardless of the severity of the error, is limited to the amount that is actually paid out by its insurance, and, in case of an error for which Timelex would not benefit from any insurance coverage, up to the amount that the client has paid in the six months prior to the event giving rise to the damage. More information about our insurance is available on our website. A claim can no longer be instituted after one year from the day on which the client acquires knowledge or could reasonably have acquired knowledge of the event giving rise to the damage. The client will indemnify Timelex and its individual lawyers and legal consultants against any and all claims from third parties that in any way relate to or arise from the assignment of the client or the work performed for the client (such as with respect to intellectual property, trade secrets and protection of personal data).
Timelex may distribute (parts of) matters internally among its lawyers and legal consultants according to its own views. In the performance of its work for the client, Timelex may engage on behalf and for the account of the client any third parties (such as bailiffs, substitute local lawyers for simple tasks such as appearing at an (introductory) court hearing or filing legal briefs, etc.), whilst exercising due care when doing so. Timelex and its individual lawyers and legal consultants will not be liable for any error or negligence by such third parties, irrespective of whether that third party invoices Timelex or directly invoices the client. Timelex is authorised to accept on behalf of the client any liability limitations of such third parties.
In accordance with applicable ethical rules, Timelex may use the client’s name and a short description of its assignment for publicity purposes and/or in a context which can be considered as publicity by lawyers.
In the context of its services, Timelex processes personal data of the client or, if the client is a legal entity, personal data of employees or agents of the client. If the client is a natural person, Timelex relies on the necessity of this processing for the execution and performance of the agreement with the client. If the client is a legal entity, Timelex relies on its legitimate interest to be able to enter into and perform the agreement with the client, and the client will inform its employees and agents of the processing of their personal data by Timelex. Without prejudice to obligations of professional secrecy, personal data of the client or its personnel or agents will be passed on to third parties who assess Timelex’s services. The client or its employees and agents have a right to access, rectification, erasure, restriction, data portability and objection and a right not to be subjected to automated individual decision-making. More information about the way in which Timelex processes personal data and about the rights that the client or its employees and agents have, is set forth in the Privacy Policy on Timelex’s website.
These general terms and conditions can be modified only explicitly and in writing. If one or more provisions of these terms and conditions are void or invalid, this will not affect the validity of the other provisions. Any void or invalid provision will be replaced as quickly as possible with a provision that approximates the nature and purpose of the original provision as much as possible.
The agreement and relationship between the client and Timelex is governed exclusively by the laws of Belgium, to the exclusion of any conflict-of-law rules which would cause the laws of another jurisdiction to apply. Any dispute related to the agreement or the relationship will be adjudicated exclusively by the Dutch-speaking courts of Brussels, Belgium.
Timelex reserves the right to modify these terms and conditions at any time. In that case it will inform the client thereof, e.g. via its website. In the absence of written protest within fourteen days after notification of the modification, the client will be deemed to have accepted the modification.
