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1.1. Parties. These general terms and conditions define the legal relationship between the company BART LIEBEN BV, trading under the name "PITCH", with registered office at Grétrystraat 54, BE-2018 Antwerpen (O.N. BE 0830.302.479 - hereinafter: "PITCH"), and the natural or legal person to whom the order letter is addressed or who retains the services of PITCH (hereinafter: "the Client"). The Client acknowledges that no other conditions, such as - but not limited to - any general or specific (purchase) conditions or other provisions to which the Client refers, apply to the legal relationship between the Client and PITCH regarding the services provided by PITCH.
1.2. Object. The services included in the assignment letter may be extended or modified by mutual agreement. The Client and PITCH always agree on such adjustments or extensions in writing (by letter or e-mail). The services provided by PITCH include representing and/or assisting the Client in disputes, negotiations and mediation, whether or not in a legal sense, and providing legal advice.
1.3. Scope. Unless expressly agreed otherwise in writing, the obligations entered into by PITCH are always obligations of means. Deviations from these general terms and conditions will always be agreed upon in advance and in writing, with reference to the provision from which the parties wish to deviate. When PITCH makes use of third parties in its services (other law firms, accountants, notaries, bailiffs, government agencies, financial and/or IT service providers, logistics companies, government agencies, etc.), it will notify the Client of this in writing. Upon the Client's agreement to use these third party(ies), a direct legal relationship is established between the Client and the third party service provider, unless explicitly agreed otherwise in writing. PITCH cannot be held liable for errors or shortcomings in the services of agreed third party service providers.
2.1. Information and communication. The Client shall make available to PITCH without delay all information related to the agreed services in order to allow for quality services. The Client undertakes to treat all information relating to the service with the necessary care and to respect its confidential or secret nature. PITCH cannot be held liable for any damage if the information provided by the Client was incorrect, incomplete or untimely.
2.2. Complaints and questions. If the Client has any questions or complaints regarding the agreed service, she should communicate them to PITCH immediately via e-mail.
2.3. Identification. PITCH will always proceed with the identification of the principals and, if applicable, the directors and beneficial owners (UBOs) in the context of its services in accordance with the Act of September 18, 2017 on the prevention of money laundering and the financing of terrorism and on the restriction of the use of cash. The Client shall spontaneously provide any document enabling the identification of the above-mentioned persons as well as any change in the required data. When the Client has a risk profile due to its capacity, location or business activity, the Client shall, at the request of PITCH, provide additional information or documentation in order for PITCH to comply with its obligations.
2.3. Duty to Report. In its services, PITCH observes its professional secrecy with the utmost care. Only in specific situations - with the exception of assisting in the defense of rights or the assessment of the legal position - and only as far as required by the anti-money laundering legislation and deontology will PITCH inform the President of the Bar of Antwerp (or Brussels) if it knows, suspects or has reasonable grounds to believe that monies, funds, or transactions are used for money laundering or the financing of terrorism. It is up to the competent President of the Bar to decide, taking into account the lawyer's professional secrecy, whether the issue should be reported to the Financial Intelligence Processing Agency.
3.1. Applicable fees. The fees applicable to the agreed service are included in the engagement letter. If no prior written agreement has been made regarding the fees, the services will in principle be invoiced on the basis of an hourly rate. The hourly rates charged vary according to the urgency, complexity and service required. The Client and PITCH can agree on a success fee, consisting of a certain percentage of the recovered or indemnified funds resulting from the granting of financial benefits or from the outcome of legal proceedings. This amount will be payable to PITCH in addition to the agreed fees.
3.2. Costs. All costs advanced by PITCH in connection with the provision of services (including, but not limited to, court fees, registration fees, costs incurred by third parties, travel costs and parking costs) will be passed on to the Client. PITCH will always include such costs and the VAT due in the appropriate section of its invoice. Upon simple request by the Client, supporting documents for costs incurred will be provided.
3.3. Advance payments. When the Client and PITCH agree that all or part of the fees payable to PITCH are to be paid in advance, the Client explicitly acknowledges that PITCH reserves the right not to start or stop its services until such agreed amounts have been paid in full.
3.4. Payment and Payment Deadline. Invoices from PITCH are payable in cash, without discount, to the bank account number listed on the invoice. If the Client fails to pay the invoice in full within a period of thirty (30) days after the invoice date, the Client will owe PITCH, by operation of law and without prior notice of default, a default interest of 10% per annum of the total outstanding invoice amount, with a minimum of EUR 150.00.
3.5. Discontinuation of Services. In the absence of full and/or timely payment of the invoice amount or legitimate indications to that effect, PITCH is entitled to suspend all or part of its services. In such case, PITCH is also entitled to demand payment guarantees and/or securities from the Client, or to demand immediate payment of all outstanding amounts. In the above cases, PITCH is always entitled to terminate the agreement by written notice. In such a case, PITCH will always observe its deontological obligations.
3.6. Indexation. If the Client and PITCH agree on an hourly rate or a recurring fixed rate for the provision of services, the agreed rates will be automatically and without prior notice indexed on each anniversary of the assignment letter in accordance with the consumer prices as published by STATBEL.
4.1. Third Party Accounts. Funds received by PITCH on behalf of the Client will always be placed in a third-party account at a financial institution chosen by PITCH.
4.2. Liability. PITCH cannot be held liable with respect to the Client or any other person for any errors in the service, wrongful acts or shortcomings of the financial institution where PITCH holds third-party funds. PITCH can never be held liable to pay back these amounts when the financial institution fails to pay back the third party funds or to transfer them.
5.1. Insurer. The lawyers of PITCH are insured through the Order of Flemish Bars with the professional liability insurers Amlin Europe NV, Koning Albert II-laan 9, 1210 Brussels and AG Insurance NV E. Jacqmainlaan 53, 1000 Brussels. PITCH's liability is limited to the amount paid out by these professional liability insurers, increased by the amount of the deductible.
5.2. Scope. The Client expressly accepts that the liability of PITCH, in the absence of intervention by the professional liability insurer, is in any case limited to the agreed remuneration for the services that are directly responsible for the damage. The liability of PITCH is in any case limited to 125,000 Euros. Any other form of damage, including but not limited to loss of profits, opportunities, Clients, suppliers, indirect damage, damage incurred by third parties is expressly excluded.
5.3. Claims. The Client will inform PITCH by registered letter of any claims, at the latest one year following the damage event.
5.4. Indemnification with regard to third parties. Unless specifically stated otherwise in writing by PITCH, the Client explicitly acknowledges that it is the sole beneficiary of the services and entitled to invoke any rights from the engagement letter. The Client undertakes to indemnify PITCH against all claims from third parties in connection with the provision of services.
PITCH will immediately inform the Client of any potential or existing conflict of interest as soon as this is identified. The Client and PITCH undertake to make the necessary arrangements to avoid or resolve such a conflict of interest. Conflicts of interest are always limited to the agreed service.
7.1. Processing Responsibility. PITCH may, depending on the situation, act as a data controller or processor of personal data of the Client and/or designated third parties. As a processor of personal data, PITCH exercises due diligence as set out in its privacy policy, published on its website https://www.pitch.law.
7.2. Consent and use data. The Client expressly consents to this processing of personal data. The following personal data will be processed in the context of the agreed services: first name, surname, address, telephone number(s), professional position(s), gender, date of birth, bank account number, e-mail address(es), etc. The above data is used by PITCH to facilitate the agreed services, manage your Client file, optimize administration and conduct market research. The Client gives permission to process her data for direct marketing in the form of newsletters, Client alerts and so on. PITCH uses this data to manage your file(s), for Client administration, to improve service content, to manage the website and to conduct market research. The Client may withdraw such consent at any time, either in full or for one or more of the above purposes. Withdrawal of consent is done via email to bart@pitch.law. Withdrawal of consent shall not affect the lawfulness of prior processing of personal data, nor the provision of information to public authorities based on legal or judicial obligations.
7.3. Retention of personal data. PITCH retains all personal data in its databases in accordance with data protection rules and this until such time as they are deleted, in accordance with the legal retention period applicable to PITCH.
7.4. Access to data and objections. The Client has the right to request access to and/or copies of personal data at any time, as well as to update, correct or delete such data. If the Client wishes to exercise the above rights, the Client should send an e-mail to bart@pitch.law. PITCH reserves the right to ask for a copy of the identity card for security reasons. For questions or complaints regarding the processing of personal data, the Client can always email bart@pitch.law.
8.1. General. In providing the Services, PITCH makes use of its own computer applications, or third party applications. The parties that manage (host) the applications of PITCH have at least ISO 9001 and ISO 27001 certifications. These applications and services are made available to the Client as they are. Consequently, PITCH cannot be held liable if these applications or services are unavailable, contain errors, cannot be adapted to the Client's needs or if the Client imposes restrictions on the use of such services.
8.2. Disclosure. If the services expressly include the use of certain applications or computer-related services, this shall be expressly stated in the engagement letter, as well as the conditions under which these applications or services are made available to the Client.
The lawyers of PITCH are subject to the deontological supervision of the President of the Bar of Antwerp, Bolivarplaats 20/15, 2000 Antwerp (https://balieantwerpen.be). Complaints regarding the processing of personal data can be submitted to the Belgian Data Protection Authority (https://www.gegevensbeschermingsautoriteit.be).
10.1. Applicable law and forum. Only Belgian law, with the exception of the provisions of international private law, applies to all legal relations between PITCH and the Client. In case of dispute, the Dutch text and its interpretation shall prevail over any translation. Only the courts of the judicial district of Antwerp, Antwerp division, are competent to take cognizance of disputes concerning the establishment, execution and termination of the agreement(s) between PITCH and the Client.
10.2. Deontology. All lawyers who are part of PITCH are members of the Order of Flemish Bars and fall within the scope of article 428 ff of the Belgian Judicial Code, including the applicable deontological rules.
10.3. Prior Alternative Mediation. The Client and PITCH undertake to make every effort in advance to settle any disputes amicably, whether or not through the intervention of the Ombudsman Service for Consumer Disputes for the Legal Profession, an agreed mediator or the President of the Bar Association of Antwerp.
The possible invalidity of one or more provisions shall not affect the validity and enforceability of the other conditions. The invalid or unenforceable provisions must always be interpreted and explained or, as the case may be, replaced by valid and enforceable provisions that are similar in content, scope and intent to the initial provisions.
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