General Terms & Conditions
AMBOS is an association of lawyers. All lawyers in the association comply with the requirements as described under art. 428-438 Ger.W. (Belgian Judicial Code) and are a member of the “Orde van Vlaamse balies” or “Ordre des barreaux francophones et germanophone de Belgique”. The lawyers in the association are subject to the deontological rules and regulations (hereinafter “the Rules”), promulgated by the respective Bar of which they are a member.
All tasks will be performed by AMBOS Advocaten (referred to hereafter as ‘AMBOS’) for the benefit of its clients. Third parties shall not derive any rights from the work performed or from the ensuing results.
All tasks shall be performed on the basis of an hourly fee billed at the standard hourly rates of AMBOS (plus a 6 % charge to cover office costs and 21% VAT), unless otherwise agreed in writing. The usual standard hourly rates will be put at the disposal of the client, prior to the start of the services.
Payment terms for invoices shall be 15 days after the date of the invoice. AMBOS must be notified in writing of any complaint regarding an invoice or the work to which it relates within 15 days of the date specified on the invoice concerned. If no complaint is made within that period the client shall be deemed to have accepted that the invoice is correct and that payment is due.
The obligations of AMBOS are obligations of means (‘middelenverbintenis’), not obligations of results, unless otherwise agreed in writing. AMBOS is not liable in case of force majeure or of a foreign or third party cause. AMBOS shall exercise due diligence when engaging the services of third parties not employed within its organisation (including foreign lawyers, accountants, loss adjusters, bailiffs, experts, advisers or service providers such as, inter alia, postal or courier services or banks or financial institutions). AMBOS shall not be liable however for any errors or shortcomings on the part of such third parties.
All lawyers are members of the professional liability insurers to them by the "Orde van Vlaamse Balies" or "ordre des francophones et barreaux germanophone de Belgique" is offered. For the lawyers affiliated with the "Orde van Vlaamse Balies", these professional liability insurers Amlin Europe NV, Koning Albert II-laan 9, 1210 Brussels and AG Insurance NV E. Jacqmainlaan 53, 1000 Brussels. For the lawyers affiliated with the "Ordre des francophones et barreaux germanophone de Belgique" is the professional liability insurer Ethias SA, Rue des Croisiers 24, 4000 Liège.
The liability of AMBOS is limited to the amount paid out under the professional liability insurance policies taken out by AMBOS plus the amount of any deductible (own risk). Information about these professional liability insurance policies will be provided on request.
Should no insurance payment be made, for whatever reason, any liability on the part of AMBOS shall be limited, vis-à-vis clients, to the amount of the fee charged by AMBOS in relation to the tasks concerned with a maximum of €125,000, and vis-à-vis third parties, to a maximum of €25,000.
All claims made against AMBOS by clients or third parties will be time-barred one year after the facts on which the claim is based.
Consistent with the Rules, AMBOS also advises you that it may on occasion refer to the Client’s name for marketing purposes or in a context (such as biographies, practice and website descriptions) which may be deemed to constitute lawyer advertising under the Rules and that by accepting these terms and conditions you consent to AMBOS doing so, subject of course to our obligation to uphold our professional secrecy obligations and any other obligation with which lawyers must comply under any applicable legislation and deontological rules.
Unless otherwise agreed in writing, AMBOS will only perform tasks under the application of these general conditions. The applicability of any general terms and conditions referred to in documents originating from the client is hereby expressly excluded.
The legal relationship between AMBOS and its clients shall be governed exclusively by Belgian law. Any disputes will be settled exclusively by the court of the legal district in which the relevant regional office of AMBOS is based.
The client shall safeguard AMBOS from and indemnify AMBOS vis-à-vis any claims by third parties in relation to tasks performed for the benefit of the client, and it shall compensate AMBOS for any reasonable costs incurred in defending itself against such claims.
Claims associated with the tasks performed by AMBOS can only be directed against AMBOS itself. However to the extent that the law would allow that partners, associates and personnel of AMBOS can also be held responsible, these general conditions will also apply to these partners, associates and personnel.