Terms and Conditions

The terms and conditions below apply to the provision of services in relation to any assignment on which you instruct AW LAW. AW LAW is Ann Witters bv, a limited liability company registered in Belgium, 3110 Rotselaar, Kwikstaartweg 76, RPR/VAT BE 0473.776.803.

1. AW LAW is a law firm specialized in Labour & Employment law.

AW LAW strives to provide its clients with pragmatic, solution driven legal advice and assistance in the most effective possible way.

AW Law’s ambition is not to be a big law firm, but to closely work with you and assist you throughout the changes in your business.

By calling on the services of AW LAW, you accept the application of these general terms and conditions to all services provided by AW LAW and consequently these general terms and conditions form the entire contractual framework of the relationship between you and AW LAW.

These general terms and conditions are, as a framework agreement, not only applicable to your initial assignment to AW LAW, but also to any subsequent assignments unless, for a particular assignment, other agreements are made expressly and in writing.

Application of any general terms and conditions of the client is excluded, unless expressly agreed otherwise in writing.

2. Services are deemed to be performed in the registered offices of AW LAW, where invoices are payable.

3. Except for express and written agreement to the contrary, fees are charged on a time spent basis. Hourly rates are agreed with the client upon entering into the contractual relationship and may be annually reviewed and indexed, typically as from 1 January. When the rates are increased, the new rates will be reflected in the first invoice after the date of the change.

Out-of-pocket expenses (such as costs of translation, costs of a notary public or court bailiff, travel expenses, court fees, express courier deliveries, etc…) are charged separately at cost price to the firm.

Legal services are subject to VAT. VAT will be added to the fees whenever required by the applicable VAT regulations.

Fees are invoiced in euro, on a monthly or quarterly basis, depending on the amount due and status of the matter.

4. Invoices are payable in euro by wire transfer, within 30 days of issuance, to the bank account mentioned in the fee note and net of bank charges.

Amounts that remain unpaid as of maturity date will automatically and without notice generate a penalty interest set in accordance with the Belgian legislation applicable in case of late payment, as well as a lump sum indemnity of 10% of the amount that remained unpaid.

5. The client shall provide, both at the start of the relationship and during the term thereof, immediately and even without being asked, all of the information and documents that are or become relevant or necessary in order to make it possible for the services to be optimally performed.

AW LAW shall inform the client with due care on the performance of its services and on how the case is being handled.

All information, documents and communications in client matters are subject to legal privilege and professional secrecy imposed by Belgian and European mandatory law, as well as to confidentiality as regulated by the Flemish Bar Rules.

6. If AW LAW deems it necessary for the execution of the services that a call be made on the services of a bailiff or translator, the client leaves the choice thereof to AW LAW. The same applies for the performance of simple tasks (filing of a procedural document, appearing at a (an introductory) court session, etc.) by a local lawyer.

If AW LAW deems it necessary for the execution of the services that a call be made on the services of other third parties, such as (foreign) lawyers or experts, they will be chosen in consultation with the client.

The fees and costs/compensations of these third parties are borne entirely by the client and will generally have to be paid directly by the client to these third parties. If we should advance such amounts, they will be re-billed to the client. Barring express written instruction to the contrary from the client, the client accepts the other terms and conditions, including possible liability restrictions, of these third parties and the client also mandates AW LAW to accept them on the client’s behalf.

7. AW LAW’s work is protected by intellectual property rights.

The Client is not entitled to publish, reproduce or use this work (advice, agreements, procedural documents, or other intellectual work), in any form whatsoever, either itself or with the help of third parties, in a context other than the agreed assignment.

8. AW LAW’s liability and the liability of its partner, associates and staff is limited to the insurance cover provided by the generally applicable professional liability insurance organized by the Flemish Bar Association (Vlaamse Orde van Advocaten) and applicable to each member of that Bar Association.

In the event where a liability should arise which is not covered by the professional liability insurance, then that liability shall be limited to half of the total amount of legal fees paid by the client over the calendar year concerned in the matter concerned.

AW LAW is not liable for any harm that might derive from incorrect or incomplete information provided by the client.

Under absolutely no circumstances AW LAW can be held liable for indirect or consequential damage (such as but not limited to loss of use, loss of sales or profit, loss of income, staff and administration costs, liability vis-à-vis third parties, etc.) suffered by the client or by third parties.

9. The relationship between the client, a third party payor and AW LAW is exclusively governed by Belgian law and the courts of Leuven have exclusive jurisdiction for any and all disputes that would arise in the context of the services provided, including the recovery of outstanding invoices. Litigation will be in the Dutch language only.

10. When the client can benefit from a legal insurance or other insurance that would cover the services of AW LAW, the client must immediately take the necessary steps to report the sinister to its broker and insurer. Any financial or other cover limits or exclusions that the client has agreed with its insurer or which are invoked by that insurer, as well as any protest or discussion of our invoices by the insurer of the client, are not binding on AW LAW. In the absence of timely full payment of our invoices by the insurer, the client must immediately proceed to the full payment of the outstanding invoices and provide an appropriate retainer or security for the payment of the services by AW LAW in the concerned matter.

11. AW LAW is responsible for processing all the personal data provided, as a data controller. Personal data is processed within the framework of the performance of the service agreement and to protect the Client’s interests as well as to comply with legal obligations.

AW Law will keep the essential records relating to its work for you for five years following the date of the last correspondence in that matter.

Unless there is express and written agreement to the contrary, AW LAW is never obliged to safeguard the case file or certain documents (whether or not originals) after the aforementioned period of 5 years.

Your identification data will be kept, as required by anti-money laundering legislation, for a period of ten years.

12. For the AW LAW policy on the protection of personal data, reference is made to the Privacy Policy.