Terms and Conditions

1.1 Baker Tilly Law Belgium BV is a limited liability company under Belgian law, company number 0736.756.273, with its registered office at 1853 Strombeek-Bever (Belgium), Boechoutlaan 105, Box 05.01 (hereinafter “Baker Tilly Law”). Contact: – T: +32 (0) 2 208 10 80 – E: welcome@bakertillylaw.be.

1.2 Baker Tilly Law is a law firm through which various attorneys belonging to a bar association recognized in Belgium and staff members provide legal services. The legal services include, but are not limited to, the provision of legal advice, assistance, and/or representation in administrative and judicial proceedings, negotiation, and the preparation and drafting of contractual documents (the “Services”).

1.3 These General Terms and Conditions of Service (the “GTCS”) apply to and govern the contractual relationship between Baker Tilly Law and any person or entity (the “Client”) requesting the Services. The GTS apply to the Services as provided by and/or on behalf of Baker Tilly Law, its partners, associates, employees, interns, and paralegals. The exact scope of the Services provided and their practical aspects may be agreed upon separately with the Client.

1.4 Any request for the provision of the Services and/or the signing of a specific engagement letter (“engagement letter”) setting forth the mandate entrusted by the Client to Baker Tilly Law (hereinafter the “Mandate”), after reviewing the GTC, implies the Client’s acceptance of the GTC—as they may be amended from time to time. Unless expressly stated otherwise in writing, the GTC apply to every engagement given to and accepted by Baker Tilly Law, to the exclusion of all other terms and conditions.

1.5 The GTC are available at all times on the Baker Tilly Law website, which can be accessed at www.bakertillylaw.be (the “Website”).

2.1 The Client undertakes to provide correct, accurate, and up-to-date information regarding both its identity and activities and the nature and scope of the Services specifically requested by the Client. The Client undertakes to notify Baker Tilly Law of any change, of whatever nature, that may affect the proper performance of the Mandate and, more generally, the proper performance of the Services.

2.2 The Client undertakes to cooperate with Baker Tilly Law in the provision of the Services. This includes, without limitation, the timely provision of the required information, refraining from direct contact with any counterparty(ies), and providing comments and/or confirmations regarding the drafts prepared by Baker Tilly Law.

2.3 The Client acknowledges and agrees that the obligations regarding the provision of information and cooperation set forth in this Article 2 are essential for the proper performance of the Services. In the event of a breach by the Client, Baker Tilly Law reserves the right to terminate or suspend the Services, without prejudice to any other rights Baker Tilly Law may have under the Mandate, these GTC, and applicable law.

3.1 Without prejudice to Articles 3.2 and 7.1, Baker Tilly Law warrants (i) that it possesses the expertise and skills necessary to provide the Services and (ii) that it provides the Services with the care expected of any legal professional in the same circumstances and in accordance with applicable ethical rules. Baker Tilly Law cannot be held liable for advice on non-legal matters. The Client is responsible for determining whether the documents or advice prepared by Baker Tilly Law meet its commercial objectives.

3.2 Baker Tilly Law will do its utmost to achieve the results desired by the Client. However, the Client acknowledges and accepts that Baker Tilly Law cannot provide any guarantee of results with respect to the nature of the Services, in particular, but without limitation, with respect to legal proceedings whose outcome cannot be determined in advance.

Baker Tilly Law shall perform the Mandate and the Services exclusively for the benefit of the Client. The advice, recommendations, and other services provided by Baker Tilly Law may not be used by third parties, and Baker Tilly Law shall not be liable to third parties unless Baker Tilly Law has given its prior written consent.

Email messages and all attached files are intended for the exclusive use of the named recipient(s) and may contain confidential or personal information, or information that is protected by professional secrecy or other legal provisions. If the Client is not the intended recipient, the Client may not use, copy, disclose, distribute, or disseminate the message (or any part of its content and/or attachments) or take any action based on this message. If the Client has received a message in error, the Client agrees to notify the sender immediately and to delete the original and all copies from its system. Although all reasonable precautions have been taken to ensure that no viruses are present in outgoing email messages, these cannot be guaranteed to be error-free, as email messages may be intercepted, altered, lost, or contain viruses. Baker Tilly Law accepts no liability for loss or damage arising from the use of email messages or attached files. Baker Tilly Law therefore recommends that you check email messages and attached files for viruses before use.

6.1 Unless otherwise agreed separately with the Client, fees will be invoiced based on the hourly rate applicable to the attorneys who provided the Services, as set forth in a letter of engagement. The hourly rates are also available upon request and may be revised from time to time.

6.2 All fees are exclusive of expenses and costs, which are invoiced separately. The hourly rates include seven and a half percent (7.5%) to cover administrative costs (secretarial costs, copying costs, telecommunication costs, etc.) on a flat-rate basis. Out-of-pocket expenses incurred in connection with the Services provided are charged on a pass-through basis and itemized in the fee statement. These include, among other things, external translation costs, bailiff fees, court costs, parking fees, and requests for extracts from specific registers. Travel expenses are charged at 0.43 euros per kilometer for the distance between the office and the destination (and vice versa). The Client agrees to reimburse Baker Tilly Law for all customary expenses and costs reasonably incurred by Baker Tilly Law on behalf of the Client or in connection with the Services. For any unusual expenses or costs, Baker Tilly Law will notify the Client in advance and await the Client’s approval before incurring them.

6.3 Except in the case of VAT exemption, VAT at a rate of twenty-one percent (21%) will be charged on fees (including expenses and costs). Baker Tilly Law’s invoices are payable without any withholding or tax deduction. If the Client is legally required to make any withholding or tax deduction, the Client must increase the invoice amount so that Baker Tilly Law, after the withholding or deduction, receives and retains the net amount of the invoice due.

6.4 Baker Tilly Law invoices its fees in euros and, in principle, on a monthly basis. Upon request, invoices will include a breakdown of the time spent by each attorney, along with the expenses and costs incurred. Invoices are payable in euros, immediately upon receipt via bank transfer. Details of the Baker Tilly Law bank account to which payments must be made are listed on the invoices. Baker Tilly Law does not accept payments in cash or by credit/debit card. Any questions regarding an invoice must be addressed to the partner responsible for the case. Any objection to an invoice must be reported without delay and no later than thirty (30) days from the invoice date; failure to do so will result in the invoice being deemed irrevocably accepted.

6.5 Invoices that remain unpaid shall, by operation of law and without prior notice, accrue late payment interest in accordance with the Belgian Act of August 2, 2002, on combating late payment in commercial transactions, as well as a lump-sum compensation of ten percent (10%) of the unpaid amount.

6.6 If the Client is a consumer and the invoice has not been paid in full by the due date, notwithstanding the last paragraph of Article 6.5, the provisions of Book XIX of the Economic Law Code shall apply, and Baker Tilly Law will send the Client, at no additional cost, a first reminder to pay the amount due within fourteen (14) calendar days. If the Client does not pay within that period, the outstanding amount will be increased by annual interest calculated at the reference interest rate plus eight percentage points as referred to in Article 5, second paragraph, of the Belgian Law of August 2, 2002, on combating late payment in commercial transactions, calculated from the expiration of the fourteen (14) calendar day period, as well as a fixed compensation of: (a) 20 EUR if the outstanding balance is less than or equal to 150 EUR; (b) 30 EUR plus ten percent (10%) of the amount due on the portion between 150.01 and 500 EUR if the balance due is between 150.01 and 500 EUR; (c) 65 EUR plus five percent (5%) of the amount due in the bracket above 500 EUR, with a maximum of 2,000 EUR, if the balance due exceeds 500 EUR.

6.7 Baker Tilly Law is also entitled, upon written notice, to terminate or suspend all work related to the matter to which the unpaid invoice pertains.

7.1 Without prejudice to the Client’s right to bring a claim against Baker Tilly Law, the Client agrees, to the extent that such agreement is enforceable under applicable laws and regulations, (i) that there is no presumption of a personal duty of care on the part of any partner or other member, shareholder, employee, attorney, or consultant of Baker Tilly Law, and (ii) not to bring any claim in this regard against any partner or other member, shareholder, employee, attorney, or consultant of Baker Tilly Law. The maximum aggregate liability of Baker Tilly Law, its partners, other members, shareholders, employees, attorneys, or consultants, of any kind whatsoever, for any loss or damage, regardless of its cause, arising out of or in any way related to the Services, is limited to the amount covered and actually paid by Baker Tilly Law’s insurer under its professional liability insurance.

7.2 Baker Tilly Law shall not be held liable on the basis of non-contractual liability (except in the case of claims for compensation for damages resulting from an infringement of physical or mental integrity or from a fault committed with the intent to cause damage). If Baker Tilly Law engages a subcontractor or other auxiliary person (directors, employees, etc.) to perform its obligations under the Services, the Client may not hold such persons liable on a non-contractual basis for damages arising directly or indirectly from the performance of the Services.

7.3 Baker Tilly Law’s professional liability is covered by the following insurance policies:

(i) First-tier: lead insurer Amlin Europe NV (with registered office at 1181LD, Amstelveen (Netherlands), Van Heuven Goedhartlaan 939) and co-insurers Zurich Insurance plc, Belgium Branch (with registered office at 1930 Zaventem, Da Vincilaan 5) and KBC Verzekeringen NV (with registered office at 3000 Leuven, Prof. R. Van Overstraetenplein 2) for an amount of EUR 1,250,000 per claim (collective Professional Liability Insurance policy for attorneys No. LXX034899);

(ii) 2nd tier: insurer AG Insurance (with registered office at 1000 Brussels, Emile Jacqmainlaan 53) for an amount of EUR 5,000,000 per lawyer and per insurance year, supplementary and after exhaustion of the coverage in the 1st tier. The geographic scope of insurance coverage is worldwide, with the exception of the United States and Canada. Upon the Client’s request, Baker Tilly Law will provide the insurance certificates detailing the coverage.
00 per advocaat en per verzekeringsjaar, complementair en na uitputting van de dekking in 1ste rang. De geografische verzekeringsdekking is wereldwijd, met uitzondering van de Verenigde Staten en Canada. Op verzoek de Cliënt, zal Baker Tilly Law de verzekeringscertificaten met details van de dekking voorleggen.

Funds received by Baker Tilly Law from the Client or from third parties that are to be held in their name will be deposited into a third-party account at a financial institution of Baker Tilly Law’s choosing. Baker Tilly Law accepts no responsibility whatsoever for credit issues or other acts or omissions of the financial institution in question or of any other financial institution involved in the transfer of the funds.

9.1 The activities of Baker Tilly Law and its attorneys are subject to the Codes of Ethics imposed by the French-speaking and German-speaking Bar Associations (www.avocat.be), the Flemish Bar Association (www.advocaat.be), the Dutch-speaking Bar Association at the Brussels Bar (www.baliebrussel.be), and/or the French-speaking Bar Association at the Brussels Bar (www.barreaudebruxelles.be), as applicable to the lawyer(s) concerned. Additional information regarding the ethical rules governing the professional practice of lawyers may be obtained from these organizations and on the aforementioned websites.

9.2 Anti-Money Laundering Obligations. Depending on the nature of the Services to be provided to the Client, Baker Tilly Law may be required by law to comply with anti-money laundering and counter-terrorist financing regulations before it can act on behalf of the Client. In such cases, Baker Tilly Law requires formal proof of the identity of the Client, its representatives, and the ultimate beneficiaries. To this end, Baker Tilly Law may conduct checks using external electronic databases. Baker Tilly Law must also determine the nature and expected character of the business relationship between Baker Tilly Law and the Client. If Baker Tilly Law is unable to obtain proof of the Client’s identity, the identity of the Client’s representatives, and/or the identity of the Client’s beneficial owners, or if the Client fails to provide Baker Tilly Law with such proof, Baker Tilly Law may be unable to act on behalf of the Client or, if necessary, must cease acting on behalf of the Client. It is also possible that Baker Tilly Law will not be permitted to inform the Client of any report. Baker Tilly Law shall not be liable to the Client for the consequences of any report made in good faith.

10.1 The relationship between Baker Tilly Law and the Client and the provision of services shall be governed by Belgian law. If the Client has any concerns regarding the Services, the Client may contact the partner responsible for their case. Baker Tilly Law will endeavor to resolve any dispute with the Client regarding fees through the dispute resolution procedure established by the Flemish Bar Association or the French- and German-speaking Bar Associations. For any dispute (and, in the case of a dispute regarding fees, if the dispute is not resolved within forty-five (45) days of the commencement of a mediation attempt with the relevant Bar Association), both Baker Tilly Law and the Client may initiate legal proceedings.

10.2 Without prejudice to Article VI.83, 23° of the Code of Economic Law, the courts of Brussels (Belgium) shall have exclusive jurisdiction to settle such disputes, except that Baker Tilly Law may, at its discretion, initiate proceedings to obtain payment of unpaid invoices against the Client before the court of the Client’s domicile, residence, or registered office.

De Nederlandse versie van de Algemene Voorwaarden van de Diensten zijn beschikbaar op verzoek. La version française des Conditions Générales de Services est disponible sur simple demande.

Last updated: March 2025