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General conditions

General conditions applicable as from 15 June 2015

1. Strelia SCRL (“STRELIA”) is a civil company under Belgian law, incorporated in the form of a cooperative company with limited liability. Its object is to conduct a practice of law as “avocat”/ “advocaat”. STRELIA is registered with the Crossroads Databank of Enterprises (“Banque-Carrefour des Entreprises”/ “Kruispuntbank van Ondernemingen“) under number 0501.600.559 and with the VAT administration under number BE501.600.559.

The registered office of STRELIA is located 145 Rue Royale – Koningsstraat in 1000 Brussels (Belgium).

The lawyers at STRELIA can be reached by phone at the office number 0032 (0)2 627.00.90 and by fax at number 0032 (0)2 627.01.90. Each lawyer has a personal e-mail address mentionned on the website of STRELIA (www.strelia.com).

2. Professional rules. In the execution of the legal services, STRELIA complies with the professional rules applicable to the concerned lawyers, varying in function of the bar association to which such lawyers belong.

The lawyers at STRELIA belong to the French-speaking Bar of Brussels (Ordre français des avocats du Barreau de Bruxelles) or to the Dutch-speaking Bar of Brussels (Nederlandse Orde van Advocaten bij de Balie te Brussel).

3. Co-contractor. Any mission is solely accepted and executed by STRELIA. It also the case if a mission is, expressly or tacitly, entrusted to a specific person within STRELIA. STRELIA is therefore solely and exclusively responsible for the services provided by its lawyers and its personnel, to the exclusion of the persons who materially execute a mission.

4. Beneficiary of the services. Any service provided by STRELIA is for the client's benefit alone and is given solely for the purpose of the matter in respect of which it is given. STRELIA's advices may not be used by third parties and STRELIA accepts no responsibility whatsoever towards third parties, except upon prior and explicit written consent of STRELIA.

5. Liability and insurance. Any and all liability of STRELIA is limited to the amount which, as the case may be, is covered by the professional liability insurance subscribed by STRELIA, it being understood that STRELIA will maintain an insurance coverage of an amount at least equal to 50,000,000 EUR[i] such amount being always subject to unilateral adaptation by STRELIA in the future. The possible right to indemnification expires if the indemnification request is not notified in writing to STRELIA within one year from the discovery of an event which triggers or can trigger the liability of STRELIA.

6. Intervention of third parties. STRELIA may engage third parties in order to execute services for the account of the client. STRELIA will exercise the necessary due care in the selection of the third parties but is not in any case liable for any acts or omissions of such third parties.

7. Monies from clients or third parties. Monies received by STRELIA from the client or from third parties and which are to be conserved on their behalf, will be placed on a third party account (“compte tiers”/”derdenrekening”) with a financial institution of the choice of STRELIA. STRELIA will have no responsibility to any person for a credit failure or other acts or omissions of the concerned financial institution or of any other financial institution acting in the transfer of funds.

8. Indemnification against third parties. The client shall indemnify STRELIA against any third-party claims which would arise from the mission entrusted by the client and/or the services performed for the client, except if and to the extent such a claim would be based on a fault of STRELIA.

9. End of the mission. The client can, at any moment and without giving any justification, terminate the relationship with STRELIA. In such a case, the client remains under the obligation to pay for the services performed prior to the termination notification and to bear the costs engaged by STRELIA before said notification.  STRELIA can terminate the relation with the client in compliance with the applicable professional rules.

10. Fees and costs. Unless agreed otherwise, the professional fees are calculated on the basis of the number of hours worked, multiplied by the relevant hourly rates established annually by STRELIA. Costs paid by STRELIA on behalf of the client are charged separately. General office costs (such as postage, telephone, fax, photocopying, etc.) are charged separately as a percentage of the fees.  All fees and charges are excluding VAT. VAT at the rate of 21% (rate applicable at the moment) will be added to the global amount of fees and costs. The services of STRELIA are in principle charged to the client on a monthly basis. The invoices are due within 30 days from their date. Any complaint will have to be notified within 30 days as from the date of the invoice, failing which the invoice will be irrevocably deemed to be accepted.

11. Scope of the general conditions. These general conditions automatically apply to every relation with the clients of STRELIA and to every instruction accepted by STRELIA, except in case of written and explicit agreement of a partner of STRELIA. Without prejudice to what is provided under section 2 above, these general conditions apply not only to STRELIA but also to any other person involved in the execution of the mission entrusted to STRELIA. The general conditions may be updated on a regular basis. They are available on the web site www.strelia.com, page “The Firm”. In case of any discrepancy between the English, Dutch and French versions of these general conditions, the French version will prevail.

12. Partial invalidity. If one or several provisions of these general conditions are held to be invalid or inapplicable, this shall not affect the validity and applicability of the other provisions of these general conditions. In such a case, the non-valid or inapplicable provision shall be deemed to be automatically replaced by a valid and enforceable provision producing, to all the extent possible, a similar effect.

13. Governing law and jurisdiction. The relation between the client and STRELIA is governed by Belgian law, to the exclusion of rules of international private law. Any dispute shall be subject to the exclusive jurisdiction of the courts of Brussels.

 

[i] The lawyers of STRELIA belonging to the French-speaking Bar of Brussels are covered by a professional civil liability insurance issued by the insurance company Ethias, rue des Croisiers 24 in 4000 Liège (Belgium) covering the whole world with the exception of the United States of America and Canada.

The lawyers of STRELIA belonging to the Dutch-speaking Bar of Brussels are covered by a professional civil liability insurance issued by the insurance company NV AMLIN EUROPE (as principal insurer). The broker for the follow-up of insurance claims is VAN BREDA RISK & BENEFITS, Plantin en Moretuslei 297 in 2140 Antwerp (Belgium). The insurance covers the whole world with the exception of the United States of America and Canada.

STRELIA has taken out a second-rank insurance policy with a coverage limited to 25.000.000 EUR per claim with Zurich Insurance plc (Belgium Branch) as principal insurer and with AIG Europe ltd (Belgian Branch) for the remaining part. The broker is AON Belgium bvba/sprl, Jules Cockxstraat 8 - 10 in 1160 Brussels (Belgium). STRELIA has taken out a third-rank insurance policy with Lloyd’s as principal insurer (75%) for a coverage limited to 25.000.000 EUR. AON Belgium bvba/sprl mentionned above acts also as broker in this case. Restrictions apply in both cases for the United States of America and for Canada. Further details can be obtained with your usual contact lawyer.