General Terms & Conditions

1. Scope and Applicability

These General Terms and Conditions (the "Terms") apply to all services, advice, consulting, and representation provided by Archon Law (the "Firm") to its clients (the "Client"). By engaging the Firm, the Client is deemed to have accepted these Terms without reservation. These Terms supersede any prior agreements or the Client’s own general terms and conditions, unless explicitly agreed otherwise in writing.

2. Services Provided

  • Engagement: The specific scope of services (the "Services"), including deliverables, timelines, and objectives, will be defined in a separate engagement letter, e-mail confirmation, or statement of work.

  • Obligation of Means: The Firm performs its Services as an obligation of means (inspanningsverbintenis / obligation de moyens), not an obligation of results (resultaatsverbintenis / obligation de résultat). The Firm commits to performing the Services with the due care, skill, and diligence expected of a prudent legal professional.

  • Team: The Firm reserves the right to determine which partners, associates, or staff members are best suited to perform the Services.

3. Client Obligations

To enable the Firm to render the Services effectively, the Client agrees to:

  • Information: Provide all requested information and documentation promptly. The Client warrants that all information provided is accurate, complete, and truthful. The Firm is not liable for consequences arising from missing, incorrect, or misleading information provided by the Client.

  • Cooperation: Provide timely instructions and decisions when requested by the Firm.

  • Compliance: Comply with all applicable Anti-Money Laundering (AML) and Know Your Customer (KYC) regulations by providing necessary identification documents upon request.

4. Fees and Payment

  • Rates: Unless a fixed fee (forfait) is explicitly agreed upon in writing, Services are charged based on the time spent multiplied by the agreed hourly rates of the professionals involved. Rates may be adjusted annually.

  • Disbursements: In addition to fees, the Client is responsible for all external costs and administrative expenses incurred on their behalf (e.g., court fees, bailiff fees, translation costs, courier services, and travel expenses).

  • VAT: All fees and costs are quoted exclusive of Value Added Tax (VAT) at the applicable Belgian rate (currently 21%), which will be charged in addition where applicable.

  • Invoicing: The Firm generally invoices on a monthly basis or upon completion of specific milestones.

  • Payment Terms: Invoices are payable within fourteen (14) days of the invoice date, free of bank charges.

  • Late Payment: In the event of late payment, the Firm is entitled, by operation of law and without prior notice, to late payment interest at the statutory rate for commercial transactions, plus a fixed compensation for administrative costs equal to 10% of the invoice amount (with a minimum of €50.00). The Firm reserves the right to suspend Services until full payment is received.

5. Confidentiality and Professional Secrecy

  • Professional Secrecy: As a legal service provider, Archon Law adheres strictly to the rules of professional secrecy and privilege applicable in Belgium. All communications between the Firm and the Client are privileged and confidential.

  • Non-Disclosure: The Firm shall not disclose any confidential information provided by the Client to third parties without the Client’s consent, except as required by law, a competent court, or necessary for the defense of the Client’s interests (e.g., in pleadings).

6. Intellectual Property

  • Ownership: The Firm retains all intellectual property rights and know-how regarding its standard contracts, templates, legal opinions, and advice.

  • License: The Client is granted a non-exclusive, non-transferable license to use the deliverables solely for the specific purpose for which they were created.

7. Limitation of Liability

  • Insurance Cap: The liability of Archon Law, its partners, and employees for any loss or damage arising out of or in connection with the Services is strictly limited to the amount actually paid out under the Firm’s professional indemnity insurance policy for the specific claim.

  • Residual Cap: If, for any reason, the insurance does not cover the claim, the Firm’s liability shall be limited to the total amount of fees paid by the Client for the specific Services giving rise to the liability, up to a maximum of one (1) year of fees.

  • Exclusions: The Firm shall not be liable for indirect damages, consequential loss, loss of profit, loss of data, or damages resulting from the acts or omissions of third parties (including third-party experts or foreign counsel engaged on behalf of the Client).

8. Data Protection (GDPR)

  • The Firm processes personal data in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and Belgian implementation laws.

  • The Firm acts as a Data Controller regarding the personal data of the Client and related parties. Detailed information regarding the types of data collected, processing purposes, and the Client's rights (access, rectification, deletion) is available in our Privacy Policy [Insert Link].

9. Termination

  • Right to Terminate: Either party may terminate the engagement at any time by providing written notice (including by email).

  • Consequences: Upon termination, the Client remains liable for all fees for work performed and expenses incurred up to the date of termination. If the Firm terminates the agreement, it shall do so in a manner that does not prejudice the Client’s immediate legal interests, allowing reasonable time for the handover of the file.

10. Force Majeure

Neither party shall be liable for any failure or delay in performance caused by circumstances beyond their reasonable control, including but not limited to acts of God, strikes, pandemics, internet or telecommunications failures, or government actions ("Force Majeure"). If the Force Majeure event continues for more than 30 days, either party may terminate the agreement.

11. Governing Law and Jurisdiction

  • Governing Law: These Terms and the relationship between the Firm and the Client are governed exclusively by Belgian law.

  • Jurisdiction: Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the judicial district where Archon Law has its registered office.