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Stibbe CVBA / SCRL (‘Stibbe') is a cooperative company with limited liability, established under Belgian law, its object being to conduct a practice of law (“advocatuur” / “profession d'avocat”). Stibbe CVBA/SCRL is registered with the Crossroads Bank for Enterprises under the number 0429914688. A list of the persons who own shares in Stibbe either directly or through their holding companies (these persons and their holding companies will be referred to as ‘Partners', collectively) can be supplied upon request.
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All instructions from clients are solely accepted and carried out by Stibbe, even if it is the client's express or implied intention to have an instruction carried out by a specific person. Consequently, Stibbe accepts responsibility and is solely and exclusively responsible for the services provided by its partners, lawyers, and staff. Only Stibbe has or will have any obligation to the client or to any other person with regard to these services and only Stibbe has or will have any direct responsibility for the services they provided on behalf of Stibbe. The client accepts not to file a claim against any other person than Stibbe with regard to these services.
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Stibbe is part of an international group that also includes Amsterdam-based Stibbe N.V. (a public limited liability company established under Dutch law) and Luxembourg-based Stibbe Avocats (a partnership established under Luxembourg law).
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Except to the extent that liability cannot be limited under Belgian law, any and all liability of Stibbe is limited to the amount paid out, if any, under Stibbe's applicable liability insurance policy (or policies) in the matter concerned. In the event and to the extent that no monies are paid out under the aforesaid liability insurance for whatever reason, any and all liability of Stibbe shall be limited to an amount of EUR 230,000 or, if the total fees charged by Stibbe in the matter concerned are higher than this amount, then the liability is limited to the amount of such fees up to a maximum of EUR 460,000. In any event, a claim will be unenforceable unless Stibbe receives written notice thereof no later than one year after the discovery of an event or circumstance that gives or might give rise to a claim.
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Stibbe may—by order and for the account of the client—engage third parties (including the entities referred to in article 3 above) in the performance of its services. Stibbe will exercise the necessary due care in its selection of third parties, and it is not liable for any acts or omissions of third parties. The client hereby authorises Stibbe to accept any limitations of liability of third parties on its behalf.
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Monies received by Stibbe from the client, will be placed in a client account with a financial institution of Stibbe's choice. Stibbe will have no responsibility to the client or to any other person for a credit failure or other acts or omissions of any financial institution with whom Stibbe deposits monies or through whom Stibbe transfers monies. As a consequence, Stibbe will not have the obligation to pay back or transfer amounts which the financial institution in question is unable to pay back or transfer.
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Any advice provided by Stibbe is for the client's benefit alone and is given solely for the purpose of the matter in respect of which it is given. Stibbe's advice may not be used or relied upon by third parties. The client agrees that he or she or it will not disclose Stibbe's advice to any third party without Stibbe's prior written consent (except, if needed, the other professional advisers of the client, but without creating any duty or liability to them on Stibbe's part). Stibbe's duty of care is to the client only and does not extend to third parties, except where Stibbe accepts such responsibility expressly and in writing.
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The client indemnifies Stibbe against any third-party claims that arise from or are in any way connected to the instruction from the client and/or the services performed for the client. This indemnification includes the costs of legal aid.
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Unless agreed otherwise, professional fees are calculated on the basis of the number of hours worked, multiplied by the relevant hourly rates established annually by Stibbe.
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Costs paid by Stibbe on behalf of the client will be charged separately. A percentage of the fees will be charged to cover general office costs (such as postage, telephone, fax, photocopying).
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All fees and charges exclude VAT. The services rendered are in principle charged to the client on a monthly basis, and are due within 30 days from the date of the invoice.
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Without prejudice to the provisions in article 2 above, these general conditions apply not only to Stibbe, but also to all persons involved in carrying out the instructions from the client and/or who are or may in any way be liable in connection thereto, including current or former lawyers, staff, and/or partners, including their legal successors.
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These general conditions apply to every instruction accepted by Stibbe, including any follow-up instructions and further client assignments. The Dutch and the French texts of these general conditions prevail in the event of any differences between the English and the Dutch or French texts. The Dutch and the French texts of these general conditions have equivalent effect. These general conditions are available on Stibbe's web site:
www.stibbe.com.
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The legal relationship between the client and Stibbe is exclusively governed by Belgian law, with the exception of rules of international private law. Any disputes are to be exclusively decided by the competent court in Brussels.
