DisclaimerThis website belongs to:
MODO Advocaten/Avocats VOF
Edmond Tollenaerestraat, 56-76, b 23
Company registration number n° 834.116.064
MODO Advocaten/Avocats VOF is a joint subsidiary of D. Deneuter Advocatenkantoor BVBA (burgerlijke vennootschap), E. Bockstaellaan, 182, 1020 Brussel, company registration n° 884.861.417 and R.R. Feltkamp BVBA (burgerlijke vennootschap), Chrysantenstraat, 17, 1020 Brussel, company registration n° 898.972.442 .
By surfing on and using this website you explicitly agree to the following:
1. The contents of this website, including brands, logos, drawings, data, product and company names, texts, images and suchlike are protected by intellectual rights of ownership and belong to MODO Advocaten/Avocats VOF or rightful claimant third parties.
2. The information on this website is of general nature. The information has not been adjusted to any personal or specific circumstances and the information provided cannot be considered as a personal, professional or legal advice to any person.
3. Despite efforts to ensure that the information provided is complete and accurate, inaccuracies may occur in the given information. Should you be aware of inaccuracies, please inform us thereof and we will rectify.
4. MODO Advocaten/Avocats VOF cannot be held liable against anyone for direct or indirect damage which results from the use of the information on this website.
5. MODO Advocaten/Avocats VOF may at all times and without prior notification adapt the information on this website.
6. This website and any dispute related thereto are governed by Belgian law or legislation. In case of any disputes, the courts of justice in the Brussels district have exclusive jurisdiction.
MODO Advocaten/Avocats General Terms & Conditions Legal Services Version June 20121. MODO Advocaten / Avocats.
MODO Advocaten / Avocats (“MODO”) is a cost association of law firms that offer their services independently (“advocatengroepering” in the sense of the Code of Fair Practice for lawyers (“Deontologische Codex voor advocaten”)). If a client requests services from a lawyer active with MODO, an agreement is concluded between on the one hand the client and on the other hand D. Deneuter Advocatenkantoor BVBA (burgerlijke vennootschap), E. Bockstaellaan, 182, 1020 Brussel, company registration n° 884.861.417 or R.R. Feltkamp BVBA (burgerlijke vennootschap), Chrysantenstraat, 17, 1020 Brussel, company registration n° 898.972.442 ( each a “relevant member”). All lawyers working at MODO are admitted to the Brussels bar.
2. Scope of application.
These general terms apply to all services provided for by any lawyer active with MODO. By requesting the services of a lawyer active with MODO, the client acknowledges the content of these terms and accepts that the service provision is governed by these general conditions. General terms of the client are not applicable unless in the event of prior, written and explicit acceptance by the relevant member. Each addition, amendment or deviation to or of these general terms shall only apply in the event of prior, written and explicit acceptance by the relevant member.
3. Performances – Best efforts obligation.
The lawyers active with MODO, when providing their services to the client, shall use their best efforts to perform within the term indicated by the client, in conformity with the lawful instructions of the client and with the necessary care that can reasonably be expected given the circumstances. They do not commit themselves to achieve a specific result. The client commits himself to provide, at his own initiative and throughout the whole term of the assignment, all relevant and required information, facts, circumstances or data necessary for the execution of the performances.
In order to serve the client as good and efficiently as possible, an appeal can be made to another lawyer with whom MODO cooperates. The client accepts that the relevant member, for the execution of his assignment, can appeal to other lawyers or that it can contract out certain tasks.
Performances are being executed for the benefit of the client and no third party can derive any right from it.
4. Electronic communication.
The client accepts that e-mails are sent in a non-encrypted format. Encryption is possible at client’s written and timely request. Unless agreed otherwise, the costs of encryption shall be charged to the client.
Electronic communication is dependent on the intervention of third parties and a relevant member is in no way responsible for any interruption, interference, blocking or corruption of the electronic communication or damage to the electric systems as a consequence of the electronic communication.
Any liability (contractual, extra-contractual, in tort) of the relevant member and the lawyers performing on behalf of the relevant member, arising out of or in the context of the provided services shall in all cases permitted under law (including in the event of gross error) be subject to the following limitations:
- the relevant member and the lawyers performing on its behalf shall not be liable for any indirect damage such as damage to reputation, loss of clientele, loss of time, loss of data or of commercial opportunities, ...;
- the relevant member and the lawyers performing on its behalf shall not be liable for damage to the client’s electronic systems as a consequence of electronic communication nor for damage as a consequence of viruses or similar threatening systems;
- the relevant member and the lawyers performing on its behalf shall not be liable for passing terms due to the client, third parties or force majeure;
- the indemnification to be paid is in all cases limited to the amount that is paid by the insurance company for professional liability of the relevant member.
- in case of no payment by the insurance company, the indemnification to be paid is limited to the amount of the fee that has been received by the relevant member for the specific performance the error relates to, or in case of successive service provision of more than 1 year, to the amount charged by the relevant member to the client for the last 2 months of the concerned year.
Liability claims shall be introduced within six (6) months after the date at which the damageable event has become known or should have become known to the client.
The lawyers active with MODO are each insured for professional liability with Ethias Verzekering, Prins-Bisschopssingel 73, 3500 Hasselt (broker: Vanbreda Risk & Benefits NV, Plantin en Moretuslei 297, 2140 Antwerp). The insurance covers the consequences of actions committed all over the world, for activities the lawyers active with MODO execute from their office located in Belgium. The aforementioned insurance does not apply to claims against lawyers active with MODO lodged in the United States of America or Canada or under the laws or jurisdiction of the United States of America or Canada. More information on the insurance for professional liability can be obtained by simple request. Additional insurances for professional liability may be concluded by mutual agreement with the client, it being understood that the related premiums shall be charged to the client.
The liability limitations set forth in this article do not apply in the event of wilfull misconduct or fraud.
The lawyers active with MODO are bound by professional secrecy. All documents provided (whether or not in draft form) by a lawyer active with MODO to a client such as for example, but without limitation, contracts, expert advice, memoranda, notes, documents related to legal proceedings, corporate documents, correspondence and e-mails are confidential, unless explicitly indicated otherwise. The client shall not disclose to third parties, nor circulate such documents or their content, unless prior written consent is given by the relevant member.
7. Fee – costs – payment.
Services are provided against payment of a fee and of costs (unless otherwise agreed).
The fee charged for services provided shall be determined by the relevant member together with the client once a first estimation of the assignment has been made. The fee is calculated at the standard or agreed upon hourly rate, unless a fixed fee has been agreed with the client for the assignment.
File costs (administration costs, telecommunication costs, photocopies, normal mailing costs, ...) are calculated at an average rate of 7% of the charged fee. So-called “out of pocket” costs (legal costs, travel expenses, translation costs, ...) are charged to the client at cost.
At the request of the client a prior estimation of the amount of the fee and costs can be provided. Depending on the nature of the assignment an advance payment for the fee and costs may be requested.
Unless agreed otherwise with the client, a bill of fees and expenses shall be provided to the client on a monthly basis together with an overview of the performed services. Any remarks or objections with regard to the bill of fees and expenses should be notified by the client, within 8 days after receipt thereof. In absence of any notified remarks or objections within the indicated term, the bill of fees and expenses is irrevocably considered to be accepted. In case of a dispute, the relevant member shall, together with the client, try to settle this dispute amicably.
Bills of fees and expenses are to be paid within 14 days after date thereof unless otherwise agreed upon. In case payment is not received within the aforementioned term, late payment interests are automatically due without prior notice in accordance with the act of 2 August 2002, as of the date of the invoice, as well as an additional compensation (which amounts to at least 15% of the amount of the invoice). Lack of timely payment of the bill of fees and expenses, may give rise to the suspension or to the end of the professional relationship and to the recovery of the amounts due.
8. End of cooperation.
Unless the cooperation has been entered into for a specific term, the client or the relevant member is entitled to terminate a cooperation with successive performances at all times, provided written notice is given and a reasonable notice period is respected. In the event of termination of the cooperation, the costs and fee for services that have already been provided, and to the extent the fee is a lump sum or determined on a proportionate basis, the pro rata fee for the performed services, remain due by the client. In the event of punctual assignments the cooperation is deemed to have ended in the event the assignment has been completed.
9. Intellectual property.
All documents that have been drafted by lawyers active with MODO are protected by intellectual property rights that accrue to the relevant member (to the extent they do not accrue to third parties) en may not be used, reproduced or exploited outside the use permitted by the relevant member.
If any provision or a part of a provision in these general terms is determined to be invalid or unenforceable, the remainder of the provisions hereof shall continue in full force and effect. In such event, the parties shall replace the concerned provision by a new provision which best adheres to the original intent of the parties.
11. Applicable law.
Each agreement with a client shall be governed by Belgian law and any dispute in relation to this agreement is submitted to the exclusive jurisdiction of the Brussels’ courts.
The processing of personal data on www.modo-law.be is subject to the provisions of the Belgian Act of December 8, 1992 (as amended by the Act of December 11, 1998) regarding privacy protection concerning the treatment and processing of personal details (the “Privacy Act”), in conformity with the European Directive 95/46/EG of October 24, 1995 (the “Privacy Directive”).
The Privacy Act as well as the Privacy Directive are accessible via the following website: www.privacycommission.be
2. Method for collection of personal details.
We keep the following information during your visit to the web site:
- your e-mail address if you have revealed it, for example by sending messages, by communicating with us by e-mail etc.;
- any information concerning the pages you have consulted on our website;
- any information you have given us voluntarily (for example by registering on the website, or subscribing to our newsletter). If in the future you do not wish to receive the newsletter, you can unsubscribe using the ad hoc form available online.
3. Purposes of collection.
The details collected are not communicated to any third party organization or company.
The information collected is used to improve our website content, notify you of updates, contact you for the purposes of marketing our products and services and for statistical purposes.
We may decide to make use of “cookies” when you visit our website. A cookie is information sent from a web-server to your web-browser, and which is placed on your hard-drive. Cookies permit our website to recognize future visits using your computer. Cookies enhance the convenience and use of our website. You may choose to decline cookies if your browser permits, but doing so may affect your use of the website and your ability to access or use certain web features.
5. Right to access and rectify your personal details.
You have a right of access to the information that concerns you, and the right to correct it if necessary. You may apply to see the personal data that we hold regarding you and to correct any inaccuracies. If you wish to exercise this right, please contact us by sending an e-mail to firstname.lastname@example.org or by writing us at the address below.
Modo Advocaten / Avocats Edmond Tollenaerestraat 56-76, b23
B – 1020 Brussels
Tel.: +32.2.427.39.00 Fax: +32.2.425.39.00 Website: www.modo-law.be E-mail: email@example.com Company registration number n° 834.116.064
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© 2012 MODO
MODO Advocaten/Avocats is een advocatengroepering gevormd door D. Deneuter Advocatenkantoor BVBA (burgerlijke vennootschap), E. Bockstaellaan, 182, 1020 Brussel, RPR nr 884.861.417 en R.R. Feltkamp BVBA (burgerlijke vennootschap), Chrysantenstraat, 17, 1020 Brussel, RPR nr 898.972.442.