Disclaimer
1. Website disclaimer
The information available on the website www.lydian.be is not aimed at providing legal or any other advice. Lydian cannot be held liable for any damage which would be incurred by using information provided on the website. If you would like to receive legal advice, please contact a qualified lawyer who will advise you on the basis of your personal situation.
Lydian has the exclusive copyright to the website, its design and its complete content. Any use of the website, or parts thereof, in any form whatsoever, is prohibited without Lydian's prior written consent.
2. E-mail disclaimer
The information in any e-mail sent by a lawyer, employee and/or appointee of Lydian may be confidential and legally privileged. Such e-mail is intended solely for the addressee and access by anyone else is unauthorised. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken related to such e-mail, is prohibited and may be unlawful. If you are not the intended recipient, please notify us immediately by telefax (+ 32 (0)2 787 90 99) or by email (info@lydian.be). When addressed to our Clients, any opinions or advice contained in e-mail correspondence are subject to the General Conditions mentioned hereafter. Lydian is neither liable for the proper and complete transmission of the information contained in e-mail correspondence nor for any delay in its receipt.
3. Description of client relationship
Lydian is the exclusive contracting party for all services performed by its lawyers, employees and/or appointees. Lydian provides the services under the conditions set out in writing (the "Services"). The practical aspects of the work are usually described In an Engagement Letter. The Client gives Lydian the necessary complete and accurate information and guidance for the performance of the requested Services.
Unless otherwise instructed by the Client, where such is necessary, Lydian shall take legal advice in the relevant jurisdiction that appears to it to be most applicable for the assignment.
4. Liability
Lydian's lawyers: The Client accepts that all and any liability will only be on the part of Lydian and not against any of the lawyers, employees and/or appointees of Lydian in particular.
Limitation of Liability: Any liability on the part of Lydian and its lawyers for loss, damage, costs or outlays arising in connection with the performance of the Services shall in each event be limited to the lesser of 5 times the total fees for the Services in question (with a minimum of EUR 1,250,000) and EUR 5,000.000, but shall in any event be limited to the amounts paid out under its liability insurance. Under no circumstances may Lydian be held liable towards third parties. Lydian does not accept any liability whatsoever for non-performance of its duties where this is a consequence of circumstances that reasonably fall outside the control of Lydian.
5. Means of Communication - Security
If the Client informs Lydian of fax or e-mail addresses with a view to the sending of documentation, Lydian may assume that the Client has taken adequate measures with respect to security and confidentiality for the protection of its interests and data. Lydian shall apply the general, customary measures regarding the security of information.
6. Fees and Outlays
Fees: The Services are in normal circumstances usually but not exclusively charged for on the basis of hourly rates. Where there is justification, for instance due to the complex, innovative or value-creating nature of the work that is produced in the context of the provision of the Services or due to the need to meet a given deadline, Lydian may decide to charge an appropriate additional sum. In some cases, a success fee may also be charged, especially in litigation cases. Lydian's hourly rates are periodically reviewed and shall be provided upon request.
Fee Estimate: Any estimate of fees is made in good faith but is in no way binding, unless otherwise expressly agreed.
Disbursements/administrative costs: Expenses incurred on behalf of the Client (such as the fees of experts and foreign attorneys, travel and catering costs, the costs of couriers and special dispatch services, research and the binding of documents, video-conference installations, etc.) are separately mentioned and invoiced at cost. A flat 8% charge will be charged for administrative costs.
Mode of Payment: Statements of fees and disbursements are payable 21 calendar days following receipt of the fee note. Interest may be charged in case of late payment.
7. Documentation
Ownership of Documentation: Copyright and all other rights over all advice, information and documentation provided to the Client is reserved to Lydian.
Use of knowledge and information: Lydian reserves the right to further develop and use the ideas, concepts, information or know-how from any work provided to the Client. Should the Client have received draft versions of documents (on paper, electronically or in any other form), the Client shall first discuss them with Lydian in order to determine whether they do actually meet the needs of the Client before applying them.
8. Confidentiality
Lydian keeps all information strictly confidential in accordance with the relevant Bar rules. Lydian shall have the right to communicate the identity of the Client and information regarding the Client's affairs to those of the Client's other advisers who are involved in a matter that Lydian is asked to examine. Lydian may also refer to the name of the Client (but not the content of the assignment) in advertising, presentations for (potential) clients, professional guides and newspapers.
9. Protection of Privacy
Lydian shall only process personal data, first, with a view to enabling the best possible performance of the contract(s) between Lydian and the Client and. second, in order to inform the Client about the activities of Lydian. Your personal information will not be shared with any third parties, except as required by law.
The party responsible for any processing is Lydian, Havenlaan - Avenue du Port 86c b113, 1000 Brussels, Belgium. The persons concerned are entitled to object to any direct marketing. Furthermore, they have a right to access to and rectify the personal data concerning them by sending an e-mail to Karen.Bossuyt@lydian.be clearly stating their name.
10. Money Laundering and the Financing of Terrorism
Lydian is obliged to duly identify its clients and report to the chairman of the Bar possible money laundering operations and any financing of terrorism in which the Client might be involved. Lydian reserves the right to suspend or stop its work if it is unable to count on the full cooperation of the Client in the context of complying with its identification and prudence obligations or if it should discover matters that indicate possible money laundering operations or the financing of terrorism.
11. Future Assignments
With regard to future assignments, the same General Conditions shall apply. The hourly rates shall be those that are applicable at that time.
12. Termination
Lydian reserves the right to terminate the assignment inter alia if it should appear that the Client is neglecting appropriately to redress any unlawful aspects of a matter being examined or if the Client fails to respect any of its obligations as contained in the General Conditions and fails to redress its defective contractual performance with 15 days after having being given notice to do so.
13. Applicable Law and Jurisdiction
Applicable Law: The parties agree that Belgian law is exclusively applicable to these General Conditions, to each contract to which they relate and to the assignment in general.
Jurisdiction: The Brussels Courts shall have exclusive jurisdiction for any litigation concerning the interpretation or the implementation of these General Conditions or in respect of the performance of the Services.
14. No other General Conditions
No other General Conditions will be applied and the present ones replace all previous versions.
15. Corporate disclaimer
Lydian is a Burgerlijke vennootschap met handelsvorm CVBA / Société civile à forme commerciale SCRL, with registered office at Tour & Taxis, Havenlaan 86C b113 Avenue du Port, B-1000 Brussels, registered under number RPR Brussel / RPM Bruxelles 0473.627.046. Lydian is registered with the Brussel Bar.