LAWGITECHlogo ATTORNEYS

FR EN MENTIONS LEGALES





LAWGITECH | DIGILAW S.P.R.L.

GENERAL TERMS AND CONDITIONS ("GTC")





 

This website LAWGITECH (lawgitech.eu, hereinafter referred to as the “website” or « LAWGITECH »), is the property of the S.P.R.L. Digilaw which enterprise number is and registered office is located at 1000 Bruxelles, avenue Michel-Ange 86 (hereinafter referred to as Digilaw S.P.R.L. or DIGILAW). Digilaw S.P.R .L. is also the publishers of the website. The applicable GTC are those in force on the date of use by the Users of the LAWGITECH website.

DIGILAW reserves the right to amend these GTC at all times. Such amendments shall enter into force upon being published on the website. Consequently, the User is requested to consult these GTC prior to any use of the Website.

By accessing the Website, a User is deemed to have accepted such amendments without reservation or restrictions.

For the purposes of these GTC, the terms are defined as follows: “User”: Any natural person who visits the Website and/or uses the benefits proposed by the Website.

“Client”: Addressee of an ordered service, i.e. a user of the LAWGITECH website who has ordered at least one service for his own account, or any legal entity, whom a User is duly authorised to represent and to order a service for or a client of DIGILAW.

 These GTC are currently available in French and English. In the event of discrepancy as to the interpretation of the French and English versions, the French text will prevail.

 

1. ATTORNEY SERVICES

(1)    Me Cynthia CHARLIER

·         PHONE : +32 (0)2.537.94.31

·         FAX : +32 (0)2.538.81.55

·         EMAIL : charlier@lawgitech.eu

·         ADDRESS : Avenue Michel-Ange à 1000 Bruxelles, Belgique

·         WEBSITE : https://www.lawgitech.eu

·         BARS : Bruxelles FR

·         DIPLOMAS : FUSL, ULB

·         LANGUAGES : Français, Anglais

·         ENTERPRISE NUMBER : TVA BE 0826.191.065

·         OATH : 10-2004

(2)    Me Jeoffrey VIGNERON

·         PHONE : +32 (0)2.537.94.31              

·         FAX : +32 (0)2.538.81.55  MOBILE : 0475.33.75.90

·         EMAIL : vigneron@lawgitech.eu

·         ADRESS : Avenue Michel-Ange à 1000 Bruxelles, Belgique

·         WEBSITE : https://www.lawgitech.eu

·         BARS : Bruxelles FR

·         DIPLOMAS: ULB

·         LANGUAGES : Français, Anglais

·         ENTERPRISE NUMBER : BE 0816.466.519

·         OATH : 12-2003

1.2 SERVICES

Lawgitech services are exclusively provided for the benefit of:

1. entrepreneurs and the liberal professions in order to ensure their interests, from the creation of their companies to the marketing of their products or services, to the valuation of their contributions;

2. startups and innovative businesses, in projects involving commercial law and in particular transfers of technology and / or know-how (assignments, licenses, distribution, franchises, etc.);

3. Artists such as musicians, screenwriters, writers, photographers, illustrators, webdisigners etc., to protect and enhance their works.

The attorneys referenced on the LAWGITECH website offer assistance in all the legal fields involved in the client’s online activities. Those online activities must have a link to Belgium.

1.3. DEADLINES & CONDITIONS

The services will be provided within the number of working days indicated on the website which wil start to run as the day following the date of reception of the order form and the questionnaire available in the "Order Form" tab in which the client shall have mentioned all the essential information required and, at the earliest, as the day following the date of the validation of the order payment.

2. PRICING CONDITIONS AND TERMS OF PAYMENT

2.1. TOTAL PRICE FOR ONLINE SERVICE INCLUSIVE OF FEES, EXPENSES AND VAT. The total price to be paid by the Client for an online service includes the Attorney’s remuneration and his expenses in exchange for the service as well as the VAT.

2.2.VAT APPLICABLE TO THE SERVICE. The terms and conditions of price mention the price exclusive of tax as well as the total price, inclusive of tax, for the service.

2.3.PAYMENT OF THE TOTAL PRICE. The price shall be paid by the Client prior to the service to be provided by the attorneys. The Payment shall be made on the bank account BE35 6300 2452 9137. The Client must ensure the feasibility of – and shall be solely responsible for -the payment.

2.4. RECAPITULATION OF THE SERVICE. Prior to the provision of the service, the attorneys shall provide the Client, a recapitulation of said service, including the total price and the deadline for said service, as well as the particulars of the attorney in charge of providing the service.

2.5. INVOICE. At the end of each Service, the Attorney shall be required to issue an invoice to the Client in compliance with the legal requirements.

2.6. REIMBURSEMENT PREPAID BELGIAN VAT As a precaution, the client has to pay the Belgian VAT at the time of the order. The supply of services between businesses (B2B services) is in principle taxed at the customer's place of establishment. The Client shall indicate the location of his enterprise and his intercommunity VAT number if any and the attorneys will check if they are authorized to reimburse you any prepaid Belgian VAT.

3. COMMUNICATIONS BETWEEN THE PARTIES

The attorneys may communicate with clients by e‑mail, Skype or WhatsApp, assuming that the clients have taken adequate measures to ensure the security and confidentiality of such communications (including the risk of interception or unauthorised access and virus risks). The attorneys maintain adequate information security measures.

4. CONFIDENTIALITY

All information that clients pass to the attorneys via LAWGITECH or by other means that is not in the public domain will be considered confidential. They will not disclose it to third parties without client’s prior consent or unless they are required to do so by law or by a judicial or administrative authority.

5. DOCUMENTATION AND OPINIONS

Clients may freely use and copy, exclusively for their own use, all opinions and documentation the attorneys deliver in the context of any of their cases, but they 6 / 10 shall be deemed confidential and all relevant intellectual property rights shall continue to be held by the attorneys. The attorneys keep case files in accordance with the requirements incumbent on us.

6. PROFESSIONAL OBLIGATIONS

6.1. COMPLIANCE WITH CODE OF ETHICS

The attorneys practise a regulated profession subject to codes of ethical standards laid down by the French and German-Speaking Bar Association (www.avocat.be), the Flemish Bar Association (www.advocaat.be), the Bar Association of the Court of Cassation (www.avocass.be) and the French Bar Association of Brussels (www.barreaudebruxelles.be). Any difficulty relating to compliance with their code of ethics may result in a complaint being lodged with the President of the Bar. In the event of the client’s objecting to their fees, conciliation, mediation and arbitration procedures may also be initiated by the relevant Bar Association. Information on these matters can be obtained from the aforementioned websites.

6.2. IDENTIFICATION REQUIREMENTS

Like other professional service providers, the attorneys are subject to strict requirements to identify their clients under the legal provisions relating to the fight against money-laundering and the financing of terrorism. If the client’s identity cannot be established satisfactorily, the attorneys are not permitted to commence acting, and are required to interrupt they services if work has started.

6.3. NATURE OF THE ADVICE PROVIDED

The sole purpose of the attorneys’ engagement is to provide assistance in relation to litigation as well as legal, and where required, tax advice. It is not their role to advise clients on the advantages and disadvantages of an investment transaction, and their advice should not be construed as an invitation or encouragement to take a given investment decision.

7. DATA COLLECTION AND PERSONAL DATA PROTECTION

7.1 COLLECTED DATA

To enable the User and the Client to have access to the Benefits of LAWGITECH and the service of an attorney, LAWGITECH has to collect and process in particular the following data concerning registered Users: • Surname, forename, date and place of birth; • Postal address; • Fixed and mobile telephone number; • Email address; • IP address; • Skype/WhatsApp identifier; and, where appropriate •Information concerning the company that benefits from the ordered service (registered office, company number, VAT, etc.) and the contact person for that purpose. No service may be provided without appending a copy of the identity card of the User who ordered it. These data are used by the attorneys in order to provide services to Clients and Users, for the management / administration of the Website, for the payment for the services, and more generally for the proper functioning of the Website.

7.2. DECLARATIONS TO THE PRIVACY COMMISSION

Pursuant to the legal provisions for the protection of personal data in force, the collection and processing of personal data by the company have been declared to the Privacy Commission.

7.3. RIGHT OF ACCESS, OPPOSITION AND CORRECTION

The User shall have a personal right to access and correct his personal data. The User may, for legitimate reasons, also oppose the processing of his data. If the User wishes to exercise this right and obtain information concerning him, he must send an email using the contact form available in his User account.

7.4 COOKIES

Cookies are small files stored in the surfer’s device to facilitate his visit and enable him to connect to the Website. The Website uses/might be using several cookies:

(1) User Account. These cookies register a single identifier to keep the User connected to the Website. They contain no direct, nominative information.
(2) Security. In addition to the security analyses on the servers, the Website uses cookies that can help to strengthen security and to identify any malicious conduct.
(3) Browsing. These cookies are used to customise the content that is displayed specially for each user. For instance: display an explanatory page during the first visit to a service; record display or selection preferences, etc. These cookies contain no nominative information.
(4)Analytics. Lawgitech uses Google Analytics, a web analytics service provided by Google, Inc. (‘Google’). Google Analytics uses cookies (text files placed on your computer) to help the website operators analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

These cookies contain no nominative information.

You can refuse the use of cookies:

Internet Explorer http://windows.microsoft.com/en-GB/internet-explorer/delete-manage-cookies

Firefox
https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored

Google Chrome
https://support.google.com/chrome/answer/95647?hl=en

Safari
http://help.apple.com/safari/mac/8.0/#/sfri11471

The User shall be informed that if he decides to block all the cookies, certain functionalities of the Website may not work.

The Website enables Users to share contents on the social networks (Facebook, Twitter, LinkedIn, Google+,…). These social networks may deposit cookies for their own purposes, independently from the Website. In order to comply with the legal provisions on the protection of privacy, the Website blocks beforehand, by default, cookies that might be deposited by the social networks or other third websites.

7.5 LIVE CHAT

Lawgitech uses its help desk provider Zendesk for managing our customer support services. Zendesk is an online help desk service provider and provides a system for tracking, prioritizing and solving customer support requests across multiple channels, bringing customer information and interactions into one place. The operating company of the Zendesk is Zendesk Inc., 1019 Market Street, San Francisco, CA 94103-1612, USA. If you choose to contact our customer service, your personal information will be transmitted automatically to Zendesk. By using our customer service channels, you agree to the transmission of personal information required for answering your service request. The personal information exchanged with Zendesk is your name, e-mail address and any additional information you choose to provide as part of your service request. The legal basis for using Zendesk for our customer service is a data processing agreement pursuant to Art. 6(1)(b) GDPR. For more information about Zendesk’s data processing, see Zendesk’s Privacy Policy at www.zendesk.com/company/privacy.

8. LIABILITY

8.1 LIMITATION OF LIABILITY REGARDING CONTINUOUS ACCESS The attorneys shall be bound to the Users by an obligation of means. The attorneys shall spare no effort to ensure continuous access to the benefits and tools on the LAWGITECH Website. They shall nonetheless provide no guarantee as to the continuation of said benefits, as their provision may depend on third parties (access provider, host, power supplier, in particular). The attorneys shall consequently not be held liable for prejudice resulting from the temporary or definitive inability to access the benefits on the Website. Similarly, they reserve the right to suspend access to the Website for maintenance, update or any other reasons, without prior notice to the Users, and without entitlement to compensation. The Website may include hypertext links to the sites of third parties. The attorneys shall under no circumstances be held liable if the content of said websites infringe the legal or regulatory provisions in force. In any event, the attorneys may not be held liable if the fulfilment of an obligation is hindered or delayed by force majeure, in particular if power or telecommunication networks are interrupted or malfunction, or in case of fire or natural disaster.

8.2 LIMITATION OF PROFESSIONAL LIABILITY AND ACTS OF GOD

The liability of the attorneys for any damage, loss or costs incurred by clients in relation to their services is limited to the amount of their insurance coverage as set out in Article 10.3.

8.3. ATTORNEYS’ LIABILITY INSURANCE

The attorneys’ professional third-party liability is covered by a primary policy with the company selected by the French and German-Speaking Bar Association referred to in section 8.1, which is currently Ethias Droit commun, having its registered office at 24 Rue des Croisiers, 4000 Liège. The insured amount is €1,250,000 per claim for all types of damage. The geographical insurance cover is worldwide, with the exception of liability cases that fall under the laws or jurisdictions of the United States of America and Canada.

9. CONTENT DISSEMINATED BY DIGILAW

The attorneys holds the intellectual property rights to the general structure of the LAWGITECH Website, its contents and the LAWGITECH trademark. Any unauthorised reproduction of their trademarks, logos and distinctive signs shall constitute an act of piracy punishable by civil and criminal penalties. In particular, any representation, reproduction, modification or generally any total or partial exploitation of the Website, its content or services, its trademark, logos, commercial names, initials, and domain names, without the prior, express consent of the Company, is strictly prohibited, irrespective of the media or procedure used.

10. SCOPE OF THE AGREEMENT

These GTC replace any prior agreement. Unless otherwise agreed, these general terms and conditions constitute all the attorneys’ agreements concerning the terms of the attorneys’ engagement. They govern the entire relations between you and us.

11. ACCEPTANCE

Any request for services from the attorneys made by users via LAWGITECH shall constitute constructive acceptance of these general terms and conditions.

12. APPLICABLE LAW AND JURISDICTION

These GTC and their interpretation and application are governed by Belgian law. They shall take precedence over any other general terms and conditions of the client, unless otherwise agreed. Any and all disputes relating to the attorneys services shall be referred to the competent courts in Brussels.