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General Conditions

  1. MEDIATION FILIP VAN BERGEN is the trade name of MEDIATION Filip van Bergen bvba, a civil-law firm that has adopted the form of a private company with limited liability. The company’s registered office is based in Lange Leemstraat 55 in 2018 Antwerp. The firm is registered at the Crossroads Bank for Enterprises under the number BE 0840.695.733.

  2. Any assignment which is entrusted to MEDIATION FILIP VAN BERGEN will be executed in accordance with the current general conditions, with the explicit exclusion of any potential general conditions applied by the client, unless agreed explicitly and in writing.

  3. MEDIATION FILIP VAN BERGEN is the client’s only contracting party and the lawyers associated with MEDIATION FILIP VAN BERGEN perform their services on behalf of and on the account of MEDIATION FILIP VAN BERGEN.

  4. Unless the client’s assignment and/or sub-assignment appears, without any doubt at all, to contain an obligation of result, MEDIATION FILIP VAN BERGEN’s obligation is to provide a service to the best of its ability.

  5. Any liability of MEDIATION FILIP VAN BERGEN for a shortcoming that can be attributed to the firm, is limited to the amount covered by the firm’s insurance. MEDIATION FILIP VAN BERGEN is insured via a liability insurance policy underwritten by the order of the Flemish Bar with the company Amlin, for a maximum amount of €2,500,000. The broker is Van Breda Risk & Benefits, based at Plantin en Moretuslei 297, 2140 Borgerhout. Following an initial request, a copy of this insurance agreement can be provided. If no insurance coverage exists, MEDIATION FILIP VAN BERGEN’s liability is, in any event, limited to the amount it has actually received for the provision of legal services.

  6. The client authorises MEDIATION FILIP VAN BERGEN to appoint third parties to execute the provision of services, where necessary. MEDIATION FILIP VAN BERGEN will exercise due diligence in such circumstances but cannot be held liable in any way for the actions of these third parties.

  7. The client is not permitted to make use of the documents produced by MEDIATION FILIP VAN BERGEN, in any form whatsoever, except for the purposes of the agreed provision of services.

  8. MEDIATION FILIP VAN BERGEN is subject to the Act of 11 January 1993 relating to the prevention of the use of financial systems to launder money and finance terrorism. The legal identification requirement obliges MEDIATION FILIP VAN BERGEN to verify the client’s identity. MEDIATION FILIP VAN BERGEN is entitled to request the documents required for this from the client.

  9. The money received on behalf of or for the client is kept by MEDIATION FILIP VAN BERGEN on a trust account. If the money that has been received cannot be transferred immediately, either to the client or to the third parties for whom the money is intended, MEDIATION FILIP VAN BERGEN will inform the client of this without delay, giving reasons for why it was unable to do so. MEDIATION FILIP VAN BERGEN is permitted to hold onto the money owed to it by its client, from the amounts received in payment from its client. MEDIATION FILIP VAN BERGEN will inform the client of this.

  10. All our statements of costs, fees and provisions are payable in cash in Antwerp, unless agreed otherwise explicitly in writing. Every payment delay requires the client to pay 1% interest per month, immediately and without notice of default, which is due the day after the expiry date. By operation of law, every reminder sent by us entails an extra cost of €25 per reminder. In the case of judicial collection, conventional compensation of 10% of the outstanding amount as well as legal costs will be invoiced. Any complaints should be submitted by registered mail within ten days of the date upon which the statement of costs, fees and provisions was issued.

  11. The services provided by MEDIATION FILIP VAN BERGEN are governed entirely by Belgian Law. Any disputes come under the authority of the Antwerp courts, Antwerp Section.

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