TERMS AND CONDITIONS
Article 1 – CAST
CAST is the exclusive contracting party for all services performed by its lawyers, paralegals and other non-lawyer professionals. CAST BV is a limited liability company with registered offices at 1000 Brussels, Rue aux Laines 70, registered under the company number ('BCE' or 'KBO') 1036.074.519. Its partners and associates are attorneys-at-law ('advocaten'/'avocats') registered with the Brussels Bar. The code of conduct can be consulted online on the website of the Bar (respectively the French speaking Brussels Bar and the Dutch speaking Brussels Bar).
Article 2 – General
Unless agreed otherwise in writing, these terms and conditions apply to all services performed by CAST’s lawyers, paralegals and other non-lawyer professionals. The application of the client’s general terms and conditions is excluded.
Article 3 – Fees for professional services
Unless otherwise agreed, CAST’s fees for legal services rendered are based on an hourly billing rate. VAT (21%) will be added separately on invoices. CAST’s hourly rates may vary depending on the experience and qualification of the lawyer in question and may be adjusted from time to time. Where appropriate, CAST may request an advance payment, which will be set off against the final invoice.
Article 4 – Costs and expenses
Costs and expenses incurred by CAST on the client’s behalf will be invoiced to the client. These costs include, but are not limited to, courier charges, travel expenses, court and bailiff costs, (court-appointed) expert costs, official taxes, costs and fees of professional third parties and foreign correspondents, as well as reimbursements for other specific costs, such as part of computerized subscriptions for translation and research software. Estimates and quotes may be provided upon request, it being understood that these are non-binding and that variations may occur as a result of the growing complexity of the case, unforeseen circumstances or claims, changes in official taxes, changes in fees of professional third parties and foreign correspondents, of fluctuations in exchange rates etc. Official fees and service charges which are due in a foreign currency will be converted to EUR at the rate, applicable at the invoice issuance date.
Article 5 – Invoicing
CAST may issue invoices covering fees for professional services and costs and expenses either on a monthly basis or from time to time whenever a specific service has been provided or completed. Each invoice is due and payable within thirty (30) days of the invoice date. In the event of untimely payment, CAST is entitled to charge legal interests in accordance with the Belgian Act of 2 August 2002 and an administrative fee of 100 EUR per official reminder. Costs and expenses made in relation to recovery of unpaid invoices will be charged to clients. In the event of late payment, CAST reserves the right to postpone or defer providing further services, or discontinue the representation, after having notified the client. Clients should promptly discuss any questions or concerns they have about invoices with the member of CAST in charge of the representation. Any question or concern should be raised in writing or by email within fifteen (15) days of the invoicing date. In accordance with the applicable Belgian legislation on electronic invoicing, all invoices issued by CAST to Belgian VAT-registered entities will be drawn up and transmitted exclusively in electronic form through the Peppol-network. An electronic invoice shall be deemed validly issued and received by the client on the date of its transmission via the Peppol-network. CAST may send the invoices to the client by email or by any other means. Such additional delivery shall be for information purposes only.
Article 6 – Limitation of liability
CAST’s obligations towards the client are not obligations of results (“resultaatsverbintenissen” / “obligations de résultat”) but obligations of means (“middelenverbintenissen” / “obligations de moyens”). If, in the context of the performance of any services by CAST, an event occurs which leads to its liability, then such liability will be limited to the amounts to which the professional liability insurance taken out by CAST provides coverage including the deductibles which CAST carries in connection with such insurance. A copy of the terms of this insurance will be sent to the client upon request. If, for whatever reason, the insurance does not provide coverage, CAST’s liability is limited to (i) cases of gross negligence and intentional fault and (ii), in case of gross negligence, to the amount of fees invoiced by CAST for services in the matter and in the month in which the event or action causing liability has occurred.
Article 7 – Conflicts
CAST retains the right to discontinue representation where a conflict occurs between its services for the client and its services for other companies, or between its own interests and the client’s interests. If the client is aware of a possible conflict, it should notify CAST immediately thereof. Subject to CAST’s compliance with legal and professional rules of conduct, CAST is not prevented or restricted from advising or representing companies who are active in the same business of the client, and whose interests, apart from those in any specific matter, may be adverse to the interests of the client.
Article 8 – Privacy and confidentiality
Unless CAST is obliged under its professional rules, by regulatory authorities or a court order to disclose certain information, it will treat any information obtained from the client that is not in the public domain as confidential. CAST may use certain of the client’s confidential information, such as email addresses, for commercial purposes. This is governed by a separate privacy policy, to be consulted on CAST’s website or to be sent upon request.
Article 9 – Archiving and cloud services
CAST uses secured cloud services to store and keep documents and files. Clients accept the use of such services, including for documents and files covered by professional privilege.
Article 10 – Intellectual Property
All materials, analyses, publications, articles, templates and other content made available by CAST, whether through its website, databases, newsletter or client portals are protected by intellectual property rights belonging to CAST. CAST will retain copyright and/or other intellectual property rights subsisting in all documents or other communications drafted or produced for account of the client. These communications may not be used, reproduced or exploited without the prior written permission of CAST. CAST expressly reserves all rights to prohibit any text and data mining of its digital content. This reservation will apply to all content available online or by electronic means.
Article 11 – Applicable law and jurisdiction
The relationship between CAST and its clients is exclusively governed by Belgian laws. Disputes will be submitted to the exclusive jurisdiction of the Dutch-speaking Enterprise Court of Brussels (Nederlandstalige Ondernemingsrechtbank van Brussel).