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Article 1. Alongsight BV Details
1. Alongsight BV, a private limited company, has its registered office at Schuttersvest 75, 2800 Mechelen, BELGIUM.
2. Its registration in the Crossroads Bank of Enterprises is under the number BE1004.380.362.
3. Contact can be made via team@alongsight.com
4. Alongsight BV is a consulting firm.
5. Services to the client (referred to as “Client”) are provided by Alongsight BV, not its employees or directors.
6. The registered office of Alongsight BV is considered the location of obligation fulfillment.
Article 2. General Conditions' Applicability
1. These General Conditions are applicable to every engagement, including the initial meeting, and in general, all services provided by Alongsight BV, except where and to the extent agreed otherwise.
2. Every engagement encompasses services detailed in the service agreement, the initial meeting, and all subsequent services requested by the Client, regardless of communication method. This is evidenced by the Client's lack of objection to continuing services within a reasonable timeframe.
3. Should a separate, specific, written agreement exist, these General Conditions are applicable only where they do not conflict with that agreement.
4. Acceptance of these General Conditions is assumed upon signing an engagement letter or any service agreement, which contains a reference to these General Conditions. In the absence of a signed agreement, acceptance is presumed if no written objection is raised within fifteen (15) days of receiving them.
5. These General Conditions can be viewed on the website: https://www.alongsight.com/general-terms-and-conditions
6. If available in multiple languages, the English version of these General Conditions takes precedence in case of discrepancies.
Article 3. Client Information Requirements
1. The Client is required to promptly provide all necessary or beneficial information for Alongsight BV to efficiently conduct its contractual and legal duties.
2. Alongsight BV is not responsible for any harm resulting from inaccurate, incomplete, unclear, or misleading information from the Client.
3. The Client acknowledges and agrees that all information exchanged between the Client and Alongsight BV in the course of their professional relationship is subject to strict confidentiality. Alongsight BV commits to maintaining the confidentiality of all such information, in accordance with the applicable legal and professional standards. This confidentiality obligation shall survive the termination of any services provided by Alongsight BV.
Article 4. Fee Structure and Invoicing
1. Alongsight BV typically bills its services through fixed fee arrangements or a combination of hourly rates and success fees. In the absence of a specific agreement, billing is based on hourly rates.
2. Unless a different billing schedule is agreed upon, Alongsight BV settles services rendered and expenses incurred monthly.
3. General office costs, such as secretarial and archiving services are set at 8% of fees invoiced. Specific costs, such as non-automated translation, procedural, travel, shipping, documentation, and third-party fees, are itemized separately on the invoice.
7. Rates are exclusive of VAT, which will be added as applicable.
8. Alongsight BV may require advance payments before and during the course of the engagement, deductible from the final invoice.
9. Fee estimates are provided in good faith but are not binding unless explicitly agreed.
10. Invoices, fee statements, advances, and payment requests are sent to the Client by e-mail.
11. The Client is responsible for promptly updating Alongsight BV of any changes in contact details and ensuring electronic communications are receivable.
Article 5. Client Billing and Liability
1. The entity formally instructing Alongsight BV as well as any related entity for which the services are carried out, is recognized as a Client.
2. If the formal principal represents an underlying Client, they are considered the Client until the underlying Client explicitly accepts Alongsight BV’s assignment and General Conditions.
3. Billing is directed to the formal principal, except when the underlying Client explicitly accepts the assignment and General Conditions.
4. If services have been rendered, the formal principal remains liable for payment until the underlying Client accepts the already performed services and Alongsight BV's General Conditions.
Article 6. Payment Terms and Late Payment Penalties
1. Fees and expenses are due within 30 days of the invoice date. Advance invoices must be settled within 7 days.
2. For Clients that are not “consumers”, late payments incur an 8% annual interest and a 10% liquidated damages fee on the overdue amount, automatically and without prior notice.
3. For Clients that are consumer, non-payment by the due date leads to late payment interest (reference interest rate plus 8 percentage points) and liquidated damages (ranging from EUR 20 to a maximum of EUR 2,000, depending on the balance due), applicable after a minimum 14-day notice period following a reminder.
4. Alongsight BV reserves the right to cease services for non-payment after a written reminder, without liability for any resultant damages.
Article 7. Invoice Disputes
1. Disputes with respect to invoices must be raised within 21 days of receipt. Receipt is assumed two days post-email dispatch.
2. Objections are preferably submitted via email to invoicing@alongsight.com with a detailed rationale.
3. Invoices are deemed accepted if not disputed within the mentioned 21-day timeframe.
Article 8. Personal Data Handling
1. Alongsight BV, serving as a data controller, manages all personal data provided. For comprehensive details about our data processing practices, consult our privacy policy on our website www.alongsight.com.
2. Personal data processing is essential for fulfilling the service agreement, safeguarding the Client's interests, and complying with legal mandates. Additionally, personal data may be utilized for updating clients on legal matters and invitations to events.
3. Personal data retention aligns with necessary durations, notably adhering to statutory periods outlined in anti-money laundering legislation.
4. Persons that are subject to our personal data handling possess rights to access, modify, limit processing, request deletion, or acquire a portable format of their personal data. Requests should be directed to team@alongsight.com. In cases of inadequate response, clients can approach the Belgian Data Protection Authority via email at commission@privacycommission.be.
Article 9. Compliance with Anti-Money Laundering Laws
1. Clients acknowledge that Alongsight BV's services may fall under the purview of the Law of 18 September 2017 concerning money laundering.
2. Alongsight BV is mandated to perform due diligence in client identification, involving the client, their agents, and ultimate beneficiaries.
3. Clients are obliged to cooperate by promptly providing necessary, verifiable information, and updating any changes during the term in which services are provided.
4. Alongsight BV reserves the right to halt services for insufficient or questionable information, without liability or impact on billable, completed services.
5. The Client accepts that the costs and fees for performances carried out within the framework of anti-money laundering may be charged.
Article 10. DAC 6 Regulations
1. Clients understand that cross-border service aspects might be subject to the Act of 20 December 2019 transposing Council Directive (EU) 2018/822 of 25 May 2018 amending Directive 2011/16/EU as regards the mandatory automatic exchange of information in the field of taxation concerning “cross-border arrangements” subject to notification (hereinafter “DAC 6”).
2. Intermediaries involved in advising or implementing “cross-border arrangements” may have reporting obligations under DAC 6.
3. Clients agree to cover the costs and fees for services under DAC 6.
Article 11. Intellectual Property Rights, including Copyright
1. The tangible or intangible fruit of Alongsight BV's work may be protected by Copyright.
2. The Client is not entitled, without Alongsight BV's permission, to use, reproduce, publish or communicate to the public Alongsight BV's copyright protected work (among others advice, agreements, procedural documents, or other copyright protected representations of intellectual work), in any form whatsoever, either itself or with the help of third parties, in a context other than the agreed assignment.
Article 12. Liability
1. Alongsight BV commits to best efforts, not guaranteed outcomes (obligation of means instead of an obligation of results.) The firm's responsibility is to use its best efforts in the Client's best interest, not to ensure specific results.
2. Liability is exclusive to Alongsight BV, not its individual employees or directors.
3. Alongsight BV and its employees’ and directors’ liability, along with their legal and factual deputies and any persons accountable to Alongsight BV, is insured. Detailed insurance information is available upon request. The sufficiency of Alongsight BV's professional liability insurance is acknowledged by the Client.
4. Alongsight BV's liability for all damages, loss and costs borne by the client is limited to the amount covered by professional liability insurance, increased by the amount of the deductible that is not for the account of the insurers under the policy terms and conditions. However, liability per claim, all damages included, is in any case limited to an amount equal to twice the fees agreed upon for the matter that gives rise to the claim.
5. The Client undertakes to file any possible claim within 36 months from the date on which the event or circumstance allegedly giving rise to the claim was, or could reasonably have been, detected by the Client.
6. Alongsight BV is not liable for performance shortfalls by third parties nor for recommending those third parties.
Article 13. Termination of Agreement
1. The Agreement can be terminated anytime without cause by the Client, with written notice. However, in certain arrangements, such as fixed fee or (partial) success fee arrangements, different terms may apply in order to protect the Client’s and Alongsight BV’s legitimate interests.
2. Alongsight BV has the right to terminate the relationship with the Client upon written notice, without prior judicial decision and without owing any compensation, in the event of a prolonged absence of instructions or a serious breach of contract committed by the client, e.g. if bills are not paid despite reminders, if Alongsight BV is required to act in a way contrary to its code of conduct or if the continuation of the relationship with the client is deemed unethical by Alongsight BV. Alongsight BV will consider the Client's need for timely assistance from another provider, allowing a maximum two-week period for termination, except in cases of legal obligation necessitating immediate effect.
3. Upon termination of the relationship, for any reason, all unpaid fees and costs existing at the date of termination will become immediately due and payable.
4. Alongsight BV holds no liability for damages arising from agreement termination.
5. Termination does not absolve parties from fulfilling agreements made in the General Conditions or underlying service agreement that, due to their nature, continue after termination, including professional secrecy obligations.
Article 14. Severability
1. The inapplicability or invalidity of any clause or part thereof does not affect the validity of the remaining clauses.
2. The parties will mutually agree to replace the invalid or inapplicable clause with one closely resembling the original in intent.
Article 15. Modifications
1. Alongsight BV reserves the right to modify these General Conditions at any time.
2. The applicable version for a Client Agreement is the latest version available at the time of entering the Agreement.
Article 16. Applicable Law and Jurisdiction
1. The General Conditions and Client relations are governed exclusively by Belgian law and ethical rules applicable to lawyers. Further information is available upon request.
2. Disputes are preferably resolved amicably.
3. In the absence of an amicable resolution, disputes are exclusively settled by the courts of Antwerp.
Article 17. Use of AI Tools and Processing of Client Information
1 AI-Assisted Processing:
As part of our service delivery, Alongsight may utilize AI-based tools to assist, for instance, in the processing, analysis, and refinement of client-provided information. These tools are employed to improve efficiency, accuracy, and the overall quality of services provided to the Client. Alongsight does not use free versions of AI tools.2 GDPR and Data Security Compliance:
Alongsight ensures that any AI-based tools used for processing client information comply with applicable data protection laws, including the General Data Protection Regulation (GDPR). Alongsight ensures that it only uses AI-tools that operate under strict security measures, ensuring that client data is processed securely and confidentially, with no retention or use of client information beyond the session for which it is required.3 Client Consent:
By agreeing to these terms, the Client consents to the use of GDPR- and data security-compliant AI-based tools for the purpose of supporting and enhancing the delivery of services. Alongsight will ensure that all necessary precautions are taken to maintain the confidentiality and security of client information during such processing. The Client can ask insight into Alongsight's AI-tools' subscriptions. -
Article 1. Alongsight Legal BV Details
1. Alongsight Legal BV, a private limited company, has its registered office at Sint-Hubertusdreef 40 3090 Overijse, BELGIUM.
2. Its registration in the Crossroads Bank of Enterprises is under the number BE1004.383.035.
3. Contact can be made via legal@alongsight.com.
4. Alongsight Legal BV operates as a law firm.
5. Services to the client (referred to as “Client”) are provided by Alongsight Legal BV, not its individual lawyers. These lawyers, including those from their personal service companies, hold the Belgian legal title of lawyer and are members of their respective bar associations.
6. The registered office of Alongsight Legal BV is considered the location of obligation fulfillment.
Article 2. General Conditions' Applicability
1. These General Conditions are applicable to every engagement, including the initial meeting, and in general, all services provided by Alongsight Legal BV, except where and to the extent agreed otherwise.
2. Every engagement encompasses services detailed in the service agreement, the initial meeting, and all subsequent services requested by the Client, regardless of communication method. This is evidenced by the Client's lack of objection to continuing services within a reasonable timeframe.
3. Should a separate, specific, written agreement exist, these General Conditions are applicable only where they do not conflict with that agreement.
4. Acceptance of these General Conditions is assumed upon signing an engagement letter or any service agreement, which contains a reference to these General Conditions. In the absence of a signed agreement, acceptance is presumed if no written objection is raised within fifteen (15) days of receiving them.
5. These General Conditions can be viewed on the website: https://www.alongsight.com/general-terms-and-conditions
6. If available in multiple languages, the English version of these General Conditions takes precedence in case of discrepancies.
Article 3. Client Information Requirements
1. The Client is required to promptly provide all necessary or beneficial information for Alongsight Legal BV to efficiently conduct its contractual and legal duties.
2. Alongsight Legal BV is not responsible for any harm resulting from inaccurate, incomplete, unclear, or misleading information from the Client.
3. The Client acknowledges and agrees that all information exchanged between the Client and Alongsight Legal BV in the course of their professional relationship is subject to the confidentiality obligations inherent in the lawyer's professional secret, as stipulated under Article 458 of the Belgian Penal Code. Alongsight Legal BV commits to maintaining the confidentiality of all such information, in accordance with the applicable legal and professional standards governing attorney-Client privilege. This confidentiality obligation shall survive the termination of any services provided by Alongsight Legal BV.
Article 4. Fee Structure and Invoicing
1. Alongsight Legal BV typically bills its services through fixed fee arrangements or a combination of hourly rates and success fees. In the absence of a specific agreement, billing is based on hourly rates.
2. The standard hourly rate is EUR 295. Based on variables including urgency, complexity, the nature of the work, the experience level and the importance of the case, the hourly rate may be adjusted downward or upward, within a range of EUR 195 to EUR 495. Hourly rates are subject to periodic adjustment without prior notification.
3. Initial consultations are billed.
4. In case of a successful result, a moderate success fee may also be charged even if no specific success fee arrangement was agreed upon.
5. Unless a different billing schedule is agreed upon, Alongsight Legal BV settles services rendered and expenses incurred monthly.
6. Fees include general office costs, such as secretarial and archiving services but exclude specific costs. Specific costs, such as non-automated translation, procedural, travel, shipping, documentation, bailiff, and third-party fees, are itemized separately on the invoice.
7. Rates are exclusive of VAT, which will be added as applicable.
8. Alongsight Legal BV may require advance payments before and during case handling, deductible from the final invoice.
9. Fee estimates are provided in good faith but are not binding unless explicitly agreed.
10. Invoices, fee statements, advances, and payment requests are sent to the Client by e-mail.
11. The Client is responsible for promptly updating Alongsight Legal BV of any changes in contact details and ensuring electronic communications are receivable.
Article 5. Client Billing and Liability
1. The entity formally instructing Alongsight Legal BV as well as any related entity for which the services are carried out, is recognized as a Client.
2. If the formal principal represents an underlying Client, they are considered the Client until the underlying Client explicitly accepts Alongsight Legal BV’s assignment and General Conditions.
3. Billing is directed to the formal principal, except when the underlying Client explicitly accepts the assignment and General Conditions.
4. If services have been rendered, the formal principal remains liable for payment until the underlying Client accepts the already performed services and Alongsight Legal BV's General Conditions.
Article 6. Payment Terms and Late Payment Penalties
1. Fees and expenses are due within 30 days of the invoice date. Advance invoices must be settled within 7 days.
2. For Clients that are not “consumers”, late payments incur an 8% annual interest and a 10% liquidated damages fee on the overdue amount, automatically and without prior notice.
3. For Clients that are consumer, non-payment by the due date leads to late payment interest (reference interest rate plus 8 percentage points) and liquidated damages (ranging from EUR 20 to a maximum of EUR 2000, depending on the balance due), applicable after a minimum 14-day notice period following a reminder.
4. Alongsight Legal BV reserves the right to cease services for non-payment after a written reminder, without liability for any resultant damages.
Article 7. Invoice Disputes
1. Disputes with respect to invoices must be raised within 21 days of receipt. Receipt is assumed two days post-email dispatch.
2. Objections are preferably submitted via email to invoicing@alongsight.com with a detailed rationale.
3. Invoices are deemed accepted if not disputed within the mentioned 21-day timeframe.
Article 8. Personal Data Handling
1. Alongsight Legal BV, serving as a data controller, manages all personal data provided. For comprehensive details about our data processing practices, consult our privacy policy on our website www.alongsight.com.
2. Personal data processing is essential for fulfilling the service agreement, safeguarding the Client's interests, and complying with legal mandates. Additionally, personal data may be utilized for updating clients on legal matters and invitations to events.
3. Personal data retention aligns with necessary durations, notably adhering to statutory periods outlined in anti-money laundering legislation.
4. Persons that are subject to our personal data handling possess rights to access, modify, limit processing, request deletion, or acquire a portable format of their personal data. Requests should be directed to privacy-legal@alongsight.com. In cases of inadequate response, clients can approach the Belgian Data Protection Authority via email at commission@privacycommission.be.
Article 9. Compliance with Anti-Money Laundering Laws
1. Clients acknowledge that Alongsight Legal BV's services may fall under the purview of the Law of 18 September 2017 concerning money laundering.
2. Alongsight Legal BV is mandated to perform due diligence in client identification, involving the client, their agents, and ultimate beneficiaries.
3. Clients are obliged to cooperate by promptly providing necessary, verifiable information, and updating any changes during the term in which services are provided.
4. Alongsight Legal BV reserves the right to halt services for insufficient or questionable information, without liability or impact on billable, completed services.
5. The Client accepts that the costs and fees for performances carried out within the framework of anti-money laundering may be charged.
Article 10. DAC 6 Regulation
1. Clients understand that cross-border service aspects might be subject to the Act of 20 December 2019 transposing Council Directive (EU) 2018/822 of 25 May 2018 amending Directive 2011/16/EU as regards the mandatory automatic exchange of information in the field of taxation concerning “cross-border arrangements” subject to notification (hereinafter “DAC 6”).
2. Intermediaries involved in advising or implementing “cross-border arrangements” may have reporting obligations under DAC 6, except when bound by legally protected professional secrecy (including lawyers).
3. Intermediaries under professional secrecy must notify other intermediaries or the client about their inability to report. The Client is required to give Alongsight Legal BV a mandate to make this notification on his/her behalf. If there are no other intermediaries, the duty of notification lies with the Client.
4. Clients agree to cover the costs and fees for services under DAC 6.
Article 11. Intellectual Property Rights, including Copyright
1. The tangible or intangible fruit of Alongsight Legal BV's work may be protected by Copyright.
2. The Client is not entitled, without Alongsight Legal BV's permission, to use, reproduce, publish or communicate to the public Alongsight Legal BV's copyright protected work (among others advice, agreements, procedural documents, or other copyright protected representations of intellectual work), in any form whatsoever, either itself or with the help of third parties, in a context other than the agreed assignment.
Article 12. Management of Third-Party Funds
1. Alongsight Legal BV commits to promptly transferring any funds received on behalf of clients.
2. Alongsight Legal BV may offset amounts received against outstanding advances, fees, or costs, with written notification to the client. Clients retain the right to dispute fee statements and claim these withheld amounts.
3. Alongsight Legal BV also ensures prompt transfer of client funds received on behalf of third parties to those parties.
Article 13. Liability
1. Alongsight Legal BV commits to best efforts, not guaranteed outcomes (obligation of means instead of an obligation of results.) The firm's responsibility is to use its best efforts in the Client's best interest, not to ensure specific results.
2. Liability is exclusive to Alongsight Legal BV, not its individual lawyers or staff.
3. Alongsight Legal BV and its lawyers' liability, along with their legal and factual deputies and any persons accountable to Alongsight Legal BV, is insured. Detailed insurance information is available upon request. The sufficiency of Alongsight Legal BV's professional liability insurance is acknowledged by the Client
4. Alongsight Legal BV's liability for all damages, loss and costs borne by the client is limited to the amount covered by professional liability insurance, increased by the amount of the deductible that is not for the account of the insurers under the policy terms and conditions. However, any liability is in any case limited to an amount of EUR 2,500,000 per claim, all damages included.
5. The Client undertakes to file any possible claim within 36 months from the date on which the event or circumstance allegedly giving rise to the claim was, or could reasonably have been, detected by the Client.
6. Alongsight Legal BV is not liable for performance shortfalls by third parties nor for recommending those third parties.
Article 14. Termination of Agreement
1. The Agreement can be terminated anytime without cause by the Client, with written notice. However, in certain arrangements, such as fixed fee or (partial) success fee arrangements, different terms may apply in order to protect the Client’s and the firm’s legitimate interests.
2. Alongsight Legal BV has the right to terminate the relationship with the Client upon written notice, without prior judicial decision and without owing any compensation, in the event of a prolonged absence of instructions or a serious breach of contract committed by the client, e.g. if bills are not paid despite reminders, if Alongsight Legal BV is required to act in a way contrary to deontological duties, code of conduct or if the continuation of the relationship with the client is deemed unethical by Alongsight Legal BV. Alongsight Legal BV will consider the Client's need for timely legal assistance from another provider, allowing a maximum two-week period for termination, except in cases of legal obligation necessitating immediate effect.
3. Upon termination of the relationship, for any reason, all unpaid fees and costs existing at the date of termination will become immediately due and payable.
4. Alongsight Legal BV holds no liability for damages arising from agreement termination.
5. Termination does not absolve parties from fulfilling agreements made in the General Conditions or underlying service agreement that, due to their nature, continue after termination, including professional secrecy obligations.
Article 15. Severability
1. The inapplicability or invalidity of any clause or part thereof does not affect the validity of the remaining clauses.
2. The parties will mutually agree to replace the invalid or inapplicable clause with one closely resembling the original in intent.
Article 16. Modifications
1. Alongsight Legal BV reserves the right to modify these General Conditions at any time.
2. The applicable version for a Client Agreement is the latest version available at the time of entering the Agreement.
Article 17. Applicable Law and Jurisdiction
1. The General Conditions and Client relations are governed exclusively by Belgian law and ethical rules applicable to lawyers. Further information is available upon request.
2. Disputes are preferably resolved amicably.
3. In the absence of an amicable resolution, disputes are exclusively settled by the courts of Brussels.
4. Depending on the case, Clients may approach appropriate authorities of the Bar of Brussels or, if they are consumers, submit complaints to consumer dispute resolution services.
Article 17. Use of AI Tools and Processing of Client Information
1 AI-Assisted Processing:
As part of our service delivery, Alongsight Legal BV may utilize AI-based tools to assist, for instance, in the processing, analysis, and refinement of client-provided information. These tools are employed to improve efficiency, accuracy, and the overall quality of services provided to the Client. Alongsight Legal BV does not use free versions of AI tools.
2 GDPR and Data Security Compliance:
Alongsight Legal BV ensures that any AI-based tools used for processing client information comply with applicable data protection laws, including the General Data Protection Regulation (GDPR). Alongsight ensures that it only uses AI-tools that operate under strict security measures, ensuring that client data is processed securely and confidentially, with no retention or use of client information beyond the session for which it is required.
3 Client Consent:
By agreeing to these terms, the Client consents to the use of GDPR- and data security-compliant AI-based tools for the purpose of supporting and enhancing the delivery of services. Alongsight will ensure that all necessary precautions are taken to maintain the confidentiality and security of client information during such processing. The Client can ask insight into Alongsight's AI-tools' subscriptions.