General terms and conditions

General Terms & Conditions – December 2024

advisius is a law firm consisting of ADVISIUS SRL/BV, with statutory seat and offices located at 1150 Brussels (Belgium), Tervurenlaan 273 Av. de Tervuren, enterprise/VAT no. BE 0741.762.760 (RLP Brussels).

1. These general terms and conditions apply to all services provided by all lawyers, former lawyers, and/or employees of ADVISIUS and their respective legal successors (hereinafter, "ADVISIUS"). Unless otherwise agreed in writing by ADVISIUS, the general terms and conditions of the client (or any third party bearing the financial burden of our services and fees, such as shared service centers or insurance companies) will not be applicable.

 2. The acceptance of an assignment from a client does not constitute an obligation on the part of either ADVISIUS or the client with respect to ADVISIUS' involvement in any other business of the client. In the event that the client is a law firm, no direct relationship between ADVISIUS and the client of such third-party law firm shall be deemed to have been created. The client is required to inform ADVISIUS immediately of any potential conflicts of interest or circumstances that could prevent ADVISIUS from providing assistance. ADVISIUS will similarly inform the client of any such developments. Either party may terminate the engagement at any time by providing written notice. In such an event, all outstanding fees and expenses, whether or not previously invoiced to the client, shall become immediately payable. 

3. ADVISIUS lawyers are bound by professional secrecy and are required to comply with the rules of professional conduct set forth by their respective bar associations. All correspondence (in any form, including electronic), advice, opinions, procedural documents, etc. ADVISIUS clients are required to maintain the confidentiality of all transmitted documents. The client may only transmit a document (or its contents) to third parties with the express prior written consent of ADVISIUS. ADVISIUS has implemented appropriate technical and organizational security measures to protect the confidentiality of the documents. However, we cannot be held responsible for any inadvertent disclosure. Please note that our emails are transmitted via the Internet and are not encrypted. Unless otherwise specified by the client, the client accepts communication by email, with the understanding that confidentiality may be at risk due to the nature of the Internet.

Essential Documents are archived at ADVISIUS for the length of time stipulated by applicable law and/or Bar regulations, but never for less than five years after the last service. Please note that this period may be extended if files and cases are transferred to other law firms or lawyers.

Electronic messages (written or oral) sent via SMS, WhatsApp, Messenger, Teams, Signal, and other instant messaging systems, as well as all messages sent to email inboxes other than those of ADVISIUS (advisius.law), are not considered part of our standard communication channels. However, they are subject to the aforementioned confidentiality rules and are not included in our valid delivery records or archives.

4. All documents produced by ADVISIUS are protected by intellectual property rights and may not be used or reproduced in any way without the express prior written consent of ADVISIUS. All documents are tailored to a specific situation and client, and therefore cannot be applied to other situations or individuals without further analysis by ADVISIUS or other advisors.

5. In the absence of an agreement between ADVISIUS and the client to proceed otherwise, ADVISIUS will invoice its services at its usual hourly rates, plus expenses directly related to the case (fees and disbursements). ADVISIUS reserves the right to adjust its hourly rates at any time without prior notice. Please contact us if you would like to know our current rates. In accordance with applicable law, ADVISIUS' fees and certain charges are subject to VAT. Unless otherwise specified by the client, services rendered by ADVISIUS are deemed to be within the scope of the client's professional activities. Unless otherwise stated, estimates of fees are made with reference to amounts and hourly rates exclusive of VAT. ADVISIUS reserves the right to request a retainer before commencing services. In addition to working time, factors such as the nature of the services, the results obtained, and the urgency of the assignment may be taken into account in determining fees.

6. ADVISIUS invoices are in euros and are payable 30 days after the invoice date. There is no discount or withholding tax. The bank account indicated on the invoice is the correct account for payment. In the event that an invoice is not paid within 30 days, ADVISIUS reserves the right to suspend or terminate its services immediately, in accordance with the ethical rules of the Brussels Bar. Furthermore, late payment interest will be applied in accordance with Belgian law and as outlined in the engagement letter. Should you wish to object to the invoice, you are required to do so in writing to ADVISIUS within ten days of receipt. In the absence of written notification within the specified period, the invoice will be considered irrevocably accepted.

In the event that ADVISIUS is engaged by a third party to invoice a client for our fees and expenses, our client will remain the same individual who requested our services. Our fees and expenses are payable by the aforementioned client within the aforementioned time limits and without being conditional on the payment of any re-invoicing of our intervention.

7. ADVISIUS' potential liability (contractual, tortious, or otherwise) to clients and third parties, as well as the liability of all attorneys and administrative personnel affiliated with ADVISIUS, is limited at all times to the amounts actually paid for that particular liability matter by the relevant insurer(s) covering the professional liability of the relevant ADVISIUS attorney(s) in the case in question. In the event that no amount is paid under professional liability insurance for any reason, the liability of ADVISIUS and the liability of all attorneys and administrative personnel forming part of ADVISIUS or working on behalf of ADVISIUS shall be limited to twice the total amount of fees billed and actually received in the matter concerned by ADVISIUS during a twelve-month period prior to the event giving rise to ADVISIUS' liability. ADVISIUS will provide the applicable sum insured and the terms and conditions of the relevant insurance policies upon the client's first request. The sum insured is currently EUR 5,000,000 (as of December 1, 2024). Any claim against ADVISIUS and/or any lawyer or member of staff who is or was a member of ADVISIUS' staff must be submitted in writing to ADVISIUS within 90 days of the date on which the event or circumstance alleged to give rise to the claim was, or could reasonably have been, detected by the client. The client shall have rights only against ADVISIUS and expressly waives any rights and remedies it may have against partners, attorneys, and/or employees, whether natural or legal persons, who are in any way affiliated with ADVISIUS and who are involved in connection with the services billed by ADVISIUS.

The professional liability of ADVISIUS is first insured by the Brussels Bar Association (OBFG) with Ethias SA, group insurance number. 45.118.401. Ethias SA is headquartered at Rue des Croisiers 24, 4000 Liège, and is registered with the following company number: Please contact 0404.484.654 for further information. As of the date of preparation of this document, ADVISIUS has obtained supplementary professional liability insurance (second tier) through Marsh & McLennan's Belgian subsidiary, Marsh SA/NV, with registered office at Hermann-Debrouxlaan 2 Av. Hermann-Debroux, 1160 Brussels, CBE number 0403.276.906, policy number: 45463899 (in collaboration with Ethias and Allianz). These policies provide worldwide coverage, with certain limitations for the USA and Canada, and are subject to the specific conditions and exceptions outlined in the policies. The insurance provides civil liability coverage for damage or loss suffered by third parties, including clients, as a result of acts performed in the course of the lawyer's professional duties. This includes activities such as serving as a legal arbitrator, fee assessor, lawyer-mediator, and performing various judicial functions. The primary insurance is underwritten by the intermediary and under the cover of the Brussels Bar (OBFG). If the client wishes to know whether the secondary insurance is in force when they contact ADVISIUS, they are invited to contact ADVISIUS directly, who will provide an immediate response.

In accordance with the rules applicable to the legal profession, ADVISIUS is bound by an obligation of means towards its clients (unless otherwise agreed upon, in accordance with legal or deontological obligations). ADVISIUS's liability is assessed accordingly. ADVISIUS cannot guarantee the success of its clients' claims and requests.

In the event of an urgent request, ADVISIUS may not be able to verify all the relevant facts, conduct the necessary legal research, or examine the case in the same depth as we would normally be able to. In the event that a client requests advice from ADVISIUS in the context of an emergency, ADVISIUS will endeavour to provide the best possible advice within the limited time available. However, ADVISIUS cannot be held liable for any reason whatsoever for any omission or error due to the urgency.

Similarly, ADVISIUS is not liable for the services, acts, and/or omissions of third parties involved in the provision of services in consultation with the client and not working in the name of or on behalf of ADVISIUS (e.g., accountants, bailiffs, notaries, auditors, valuers, etc.). This includes the insolvency or default of such third parties.

ADVISIUS does not provide non-legal advice, including commercial, financial, technical, accounting, mediation, or other specialized counsel. In the event that such advice is provided, ADVISIUS will not accept liability in this regard.

Ultimately, ADVISIUS is unable to verify the facts and intentions of all parties involved, including any affiliated companies, in the cases it handles. ADVISIUS relies on the facts and intentions of the parties involved in providing its services, as stated in the opinions rendered. ADVISIUS considers these facts and intentions to be complete, true, and sincere.

8. The client agrees to indemnify ADVISIUS, including all attorneys and personnel associated with ADVISIUS, against any claim made by a third party based on services provided by ADVISIUS on behalf of the client, except in cases of gross negligence on the part of ADVISIUS.

9. In order to optimize the quality and/or cost of services and/or in cross-border cases, ADVISIUS may choose to entrust certain specific assignments to other lawyers or experts not belonging to ADVISIUS, without approval and without informing the client.

10. In accordance with European Union know-your-client regulations, ADVISIUS is legally obliged to obtain specific client documents and information. The client is required to provide the requested information and documents immediately upon ADVISIUS's first request.

Furthermore, ADVISIUS and its attorneys are subject to certain mandatory anti-money laundering rules and obligations, as are all Belgian law firms and attorneys. These rules and obligations may, among other things, require ADVISIUS to obtain additional information, such as the client's UBOs (ultimate beneficial owners), which the client agrees to provide at ADVISIUS's first request. In the event that our services are linked to a potentially tax-aggressive cross-border scheme, regulations impose certain obligations on us as intermediaries. These obligations are in compliance with the legal rules (in particular lawyer-client confidentiality) and professional ethics that apply to our activity. Please note that in the event that a declaration is required, it may include confidential information. Information disclosed may be shared with tax authorities when required by law. Any involvement by our firm in a legal information system will entail the provision of a specific service, which will be invoiced separately.

11. In order to fulfil its role as legal counsel in the cases it is retained to work on, or to maintain its contractual or other business relationships, ADVISIUS collects certain data. This includes identifying information (surname, first name, position) as well as, if necessary and as required, certain contact details (address, telephone number, e-mail address, VAT number, bank account, etc.). It also includes other personal data (such as a copy of a passport, marital status, financial situation, writings, personal history, etc.). This data is necessary for the proper and professional practice of the legal profession and the handling of cases entrusted to ADVISIUS. This data is processed in accordance with European and national data protection laws. The data controller is ADVISIUS, telephone number: Please contact us at +32 2 891 80 55. ADVISIUS will process this data for the purposes of the relationship and/or the exercise of the profession of lawyer. In some cases, a third party may also process this data, such as a carrier, a bailiff, a correspondent lawyer, or an IT service provider. These records will be retained for the duration of the relationship and/or the file, and for a minimum of ten years following its termination due to ADVISIUS' obligations as a law firm. The data subject has the right to be informed of the purposes for which their data will be processed and of the persons who will have access to their data. The data subject has the right to object to the processing of their personal data and to request that it be restricted, provided that this does not impede the lawyer's ability to perform their duties or affect the proper handling of the case. The concerned person has the right to access the data recorded by ADVISIUS and to request its rectification or even its deletion, subject to the same limitations. The concerned person has the right to receive, or have transmitted to a third party, all personal information concerning them in a portable and readable format, subject to the aforementioned limitations. Should any doubt arise, the data subject is invited to contact ADVISIUS or to submit a complaint to the Data Protection Authority. You can reach them at Rue de la Presse 35, 1000 Brussels, by phone at +32 2 274 48 00, or via email at contact(at)apd-gba.be.

12. Legal entities whose securities are traded on a regulated market must inform us of this fact. In the event that ADVISIUS has, or is likely to have, access to insider information which directly or indirectly concerns the client in its capacity as issuer, whether on a regular or occasional basis, ADVISIUS will draw up and keep up to date a list of insiders in accordance with the applicable regulations. This list may be produced to the client on request. ADVISIUS has implemented measures to ensure that any individual whose name appears on an insider list is aware of the legal and regulatory obligations associated with their status and the potential consequences of misuse or wrongful disclosure of insider information concerning the client in question.

13. The client is required to notify ADVISIUS in writing at least three business days prior to entering into an agreement pursuant to the Continuity of Business Statute or filing an application for judicial reorganization or bankruptcy (or any similar proceeding).

14. The contract between ADVISIUS and the client is governed by Belgian substantive law, excluding the conflict of laws provisions that might otherwise lead to the application of another law. In the event of a dispute, the courts of Brussels, Belgium, shall have exclusive jurisdiction. This is without prejudice to ADVISIUS's right to bring the matter before the courts of the client's place of residence or registered office. It is also without prejudice to certain Bar regulations which may require the intervention of Bar authorities.

15. Should any provision of these terms and conditions be deemed invalid or unenforceable in whole or in part, the remaining provisions shall remain valid and enforceable.