General Terms and Conditions
1. Scope - These general terms and conditions apply to the services provided by Curia, its partners and associates and by all persons cooperating with Curia of for whom Curia is liable.
2. Money laundering prevention and counterterrorism – When Curia assists the client with the preparation or execution of operations related to the purchase or sale of property or enterprises, the administration of the client’s money, securities, or other assets, the opening or administration of bank accounts, saving accounts or securities accounts, the organisation of capital which is necessary for the formation, operation and management of companies, trusts, fiduciaries, or similar legal constructions, or when Curia acts on behalf and for the account of its client in any financial or property operations, Curia is obliged to strictly observe the legislation and bar association regulations in relation to anti-money laundering and anti-terrorism funding. In accordance with the applicable rules, Curia is mainly bound by a duty to provide proof of identity and a duty of vigilance with regard to its client. This procedure requires the client’s cooperation and obliges clients which work under the format of a company to inform Curia in accordance with the Act of 18 September 2017 who the ultimate beneficiary is behind this company or succession of companies and to inform Curia on each occasion that this situation changes. If the client refuses, within 2 weeks after the request, to provide the information which Curia is obliged to request, Curia is entitled to terminate its contribution in accordance with Article 2.10 of the Regulations of the Flemish Bar Association (OVB) of 21 December 2011. Furthermore, in certain circumstances, the anti-money laundering legislation obliges Curia to notify the Dean of its bar of any possible laundering operations and funding of terrorism in which the client might be involved.
3. GDPR - Curia processes the client’s personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter: GDPR). Curia collects and processes the client’s personal data for client management (including client administration, invoicing, follow-up of debt collection files, and the communication of newsletters) and for tackling money laundering and the funding of terrorism. Personal data are processed on the basis of Article 6.1 (a) (since the client has granted his explicit consent to the processing by signing these General Terms and Conditions), Article 6.1 (b) (since the processing will sometimes be necessary for the implementation of the agreement between Curia and the client), Article 6.1 (c) (since the processing will sometimes be necessary in order to meet a legal obligation to which Curia is subject), and Article 6.1 (f) (since the processing will sometimes be necessary for the legitimate interest of Curia) of the GDPR. If the processing of personal data is based solely on Article 6.1 (a) (consent), the client is always entitled to withdraw his consent. If this is necessary for the achievement of the formulated objectives, the client’s personal data will be shared with other companies within the European Economic Area which are connected directly or indirectly with Curia or with any other partner of Curia. Curia guarantees that these recipients will take the necessary technical and organisational measures to protect the personal data. The personal data will be stored for the time which is necessary to meet the legal requirements (including in the fields of accounting and anti-laundering legislation) and at least for as long as the statute of limitation applies to Curia. The client is always entitled to consult his personal data and can rectify them or have them rectified if they are inaccurate or incomplete. Under certain conditions, he can also have his personal data removed, have the processing thereof limited, and lodge an objection against the processing of his personal data on the basis of Article 6.1 (f) GDPR. Moreover, the client is entitled to obtain a copy (in a structured, customary, and mechanically legible form) of his personal data which he has supplied to Curia and to have the personal data sent on to another company. In order to exercise the aforementioned rights, the client is requested to send an e-mail to the following e-mail address: firstname.lastname@example.org. The client is entitled to challenge any processing of his personal data for direct marketing purposes free of charge. The client is entitled to submit a complaint to the Data Protection Authority (Drukpersstraat 35, 1000 Brussels – mailto: email@example.com)
4. Liability – The liability of Curia, Curia’s partners and Curia’s associates is limited to the amount of the professional insurance policy which has been taken out within the boundaries of the coverage. The insured amount currently equals 2,5 million euros. At the client’s explicit request, an insurance for a higher amount can be taken out for a specific file provided an additional premium is paid. Unless explicitly stated otherwise, Curia shall not be liable for services provided by third parties which it calls upon.
5. Fees – Curia’s fees are inclusive of general administrative costs, but exclusive of 21% vat and specific file-related costs. Curia reserves itself the right to adjust the fees in January each year based upon an evolution of the index of consumer prices in accordance with a formula determined by Curia from time to time.
6. invoices – Curia’s invoices shall be payable within 8 days of receipt. Should the client protest the fee statement, he is obliged to challenge it in writing within 8 days. As of the due date, interest charges are due automatically and without notice of default, calculated at the legal interest rate (where appropriate in accordance with the Late Payment Act). In case of late payment, a compensation for execution costs is also due, which equals 10% of the principal amount.
7. Termination – Both parties can terminate the contract at any time, upon written notification to the other party. Curia may however only cease its services after the client has been given the time to find the necessary assistance of another lawyer. In that case, Curia will submit its final fee statement, having regard to the services provided until the termination of the contract, without being entitled to damages. At the client’s first request, Curia will return all documents of the file.
8. Applicable law and competent courts – Belgian law applies. Parties shall endeavour to settle their disputes amicably. Before initiating legal proceedings, the parties shall preferably bring the case to court or to a competent body of the Bar Association for an amicable settlement. The courts of Leuven will have exclusive competence, without prejudice to Curia’s right to take legal steps before the courts of the client’s jurisdiction.