Dauginet & Co

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General conditions

  1. Messrs, Dauginet bv cvba, a civil partnership having adopted the form of a cooperative company with limited liability, hereinafter referred to as “Dauginet”, provides through its associates, attorneys-at-law and paralegals, services which are governed by these general terms and conditions. No variation of these general terms and conditions shall be valid unless agreed upon in writing.
  2. All cases entrusted to Dauginet will be accepted and hand led exclusively by the latter, even if it is the client’s avowed or implied intention to entrust the case-file to a specific lawyer of the firm. Dauginet will assign the case to a leading attorney, chosen among its partners.
  3. The client warrants and agrees to provide any and all data and information that may be required, with such documentary evidence as may be necessary. It is the client’s responsability to ensure that the information provided at its initiative or on its be half is accurate, complete and reliable.
  4. Legal and other services are provided exclusively on the client’s behalf and for his sole benefit. Third parties ma not derive rights, remedies or entitlements from the services provided or results obtained on a client’s behalf.
  5. Dauginet’s fees are billed in accordance with its standard base tariff of billable hours. Enquiries regarding standard fees on an hourly basis may be directed to Dauginet.
    Dauginet reserves its right to adjust on a halfyearly basis the tariffs of the billable hours. Following factors may justify an extra fee: the importance of the case, the favourable outcome, the urgency or the special nature of the services provided.
    No general overhead expenses shall be charged.
    Specific disbursements or extraordinary expenses are bi lied seperately. Bailiffs’ emomuments and the court fees, taxes and other charges and expenses disbursed, including the costs of court proceedings, are billed separately to the client.
  6. Dauginet is entitled to apply for advances against fees and costs in the form of retainers. Dauginet shall periodically bill legal and other services provided in the form of statements of fees & expenses. the exact nature of the relevant services willb e detailed in these periodic bills.
    All statements of fees & expenses and retainer notes are payable in cash.
    Dauginet reserves its right to suspend all services in the event of late payment or non-payment until such time as the outstanding fees & expenses have been settled in full.
  7. The client and Dauginet may at any time terminate the agreement without having to pay a compensation on account of such termination, it being understood however that services provided and expenses incurred shall be settled in full.
  8. Any case or matter entruested to Dauginet entails that the firm shall have the option to avail itself of the services of third parties or other experts and to agree on behalf of the client to the limitations of liability stipulated by such third parties or other experts. Dauginet shall incur no liability on account of the acts or omissions on the part of such third parties or other experts, whether or not the services provided by such third parties are billed separately to the client and irrespectively of whether the person or persons whose expert opnion was sought shoudl bill their services and expenses to Dauginet or to the client.
  9. Should any liability occur as a result of the professional services rendered, the claim arising from same shall be limited to the sum paid out under the professional risks indemnity insurance taken on be half of Dauginet. Dauginet has subscribed to the basic policiy of professional risks indemnity insurance taken out by the Antwerp Bar Association and maintains in addition such extra coverage against professional risks as may reasonably be expected. A list of the insurance coverage extended may be applied for in writing.
    If for any reason whatsoever no compensation is paid out under the professional risk indemnity insurances, liability will at any rate be limited to twice the amount of the fees bi lied by Dauginet with respect to the case wherunder the risk occured, with a maximum of 500,000.- euros.
  10. All electronic communications from Dauginet are merely informative and their contents shall under no circumstances give rise to any liability on the part of Daguient, except in the case of files forwarded in PDF format, duly signed by an associate. 
    Dauginet shall udnertake all reasonable efforts to ensure that its emails and attachments are free from viruses and/or other defects that may damage a computer or data processing system. However, it is the client’s responsability to take all appropriate measures for the protection of his own computer(s) or data processing system. 
    Dauginet cannot be held liable for damage or losses that may result from opening or using electronic documents received from Dauginet.
  11. If one or several provisions of these general terms and conditions should prove invalid or null and void, this will in no way affect the validity and enforceability of these general terms and conditions.
    The Dutch text of these general terms and conditions is the only version with binding force. Free translations into French and English are available.
    The legal relationship to which tehse general terms and conditions apply is governed by Belgian law and by such deontological rules as may be applicable.
    All disputes will be heard and adjudicated by the Courts of Antwerp (Belgium)