General terms and conditions

Scope of Application

These general terms and conditions apply to the advice or services provided by Kwint in relation to any assignment for which the client mandates it. Each assignment in connection with which Kwint provides its services is deemed to be an assignment within the meaning of these general terms and conditions.
These general terms and conditions apply cumulatively with any client agreement for legal assistance entered into with the client.

References to "Kwint," "we," "us," or "our" should be understood as Kwint Advocaten BV, incorporated under Belgian law, with its registered office at 9000 Ghent, Brandweerstraat 19B/002, and company number 0628.785.870.
All lawyers at Kwint are registered with the Ghent Bar (Balie van Gent), or the Bar of West-Flanders (Balie West-Vlaanderen) and are subject to the regulations of the Orde van Vlaamse Balies and the National Bar Association (Nationale Orde). They perform their activities in the name and on behalf of Kwint Advocaten. The list of lawyers associated with Kwint Advocaten can always be found on our website. They are subject to the deontological rules available at www.advocaat.be.

Kwint and its client jointly determine the exact scope of the services provided by Kwint Advocaten. These may include legal advice, meetings, negotiations, court representation, and so on.
Our advice is based on our understanding of the applicable legislation, case law, customs, and practices at the time the advice is provided. Subsequent changes in legislation or practices may affect the conclusions contained in such advice.
During the provision of services, Kwint may present draft documents to the client for review. Drafts are not binding until finalized and confirmed in writing.
Any advice, opinion, or other document provided by Kwint to the client is intended solely for the client and remains the intellectual property of Kwint. Consequently, no advice, opinion, or document may be disclosed to or used by third parties without Kwint’s prior written consent.

If Kwint deems it necessary to mandate third parties (such as translators, bailiffs, other lawyers, etc.), it will exercise due care in selecting and appointing these third parties. Unless otherwise agreed, the client is directly responsible for the payment of their fees and expenses. Kwint is not liable for the acts, errors, or omissions of such third parties.

Unless otherwise agreed, Kwint’s professional fees are based on the applicable hourly rate for the time spent on the assignment, including travel time.
Kwint does not charge administrative flat fees. However, external costs incurred in carrying out the assignment (such as court fees or registration fees) must be reimbursed, as well as the costs of external advisers appointed with the client’s consent and travel expenses outside Belgium.
Kwint’s invoices must be paid within 30 days. Kwint reserves the right to charge a 10% indemnity and late interest (calculated daily at the interest rate mentioned in the law combating late payment in commercial transactions, with a minimum of 10%) on any unpaid invoices after this period. If the client disputes an invoice, they must submit a written and reasoned protest within fifteen days of receipt.

Unless instructed otherwise by the client, Kwint communicates with the client and any external advisers via email, including for confidential information. The client acknowledges that email communication is not fully secure or error-free. Kwint uses software to reduce the risk of virus infiltration but does not guarantee full security. Important communications should always be confirmed by phone or another means. Kwint is not liable for software failures or other circumstances beyond its reasonable control.

Kwint's third-party account number is BE94 6304 3011 2914, in the name of Kwint Advocaten BV.
Kwint transfers any amounts received on its third-party account to its client as soon as possible. It may withhold amounts to settle outstanding invoices, subject to prior notification to the client. Kwint is not liable for acts or failures of the financial institution holding the third-party account.

After the end of the assignment, Kwint archives the full file for five years. The client may request original documents before this period. After five years, the file is destroyed without further notice.

If Kwint is liable to the client for loss or damage, and another party is also liable for the same loss or damage, Kwint’s liability is reduced proportionally to the share of liability of that third party.
When determining the third party's liability, agreements limiting damages or practical recovery difficulties are not taken into account.
The client acknowledges that compensation for damages caused by assistants of Kwint can only be claimed against Kwint itself, not directly against the assistants, except for damages arising from intentional acts or violations of physical or psychological integrity.
If the assistant is a Kwint employee, this does not affect the liability regime under the Belgian Employment Contracts Act of 3 July 1978.
If the assistant is a director under the Belgian Code on Companies and Associations (CCA), this does not affect the liability limitations provided under the CCA.
Kwint’s liability is limited to the amount covered by the professional liability insurance taken out through the Ghent Bar, currently €1,250,000 per claim.

The rights and obligations arising from the assignment exist only between Kwint and the client. No third party may rely on Kwint’s advice or services.
Kwint treats client personal data confidentially. More information can be found in our privacy policy.

These general terms and conditions are governed by Belgian law. The courts of Ghent have exclusive jurisdiction over any disputes.
Only the Dutch version of these general terms and conditions is legally binding. The English and French versions are for information purposes only.