Novius is a civil-law partnership with limited liability (SPRL/BVBA) formed under Belgian law.
These general terms and conditions apply to services rendered by NOVIUS, its associates and personnel.
All missions are considered to have been assigned to NOVIUS and performed by it, including where it is the explicit or tacit intention that the mission be performed by a specific person.
The client undertakes to provide all data and information substantiated, as necessary, by documents. The client is responsible for the correctness, completeness and reliability of the information provided to NOVIUS by him or on his behalf.
The client undertakes to give NOVIUS sufficient notice on the proceedings initiated or to initiate and to communicate immediately to NOVIUS any actions that have been brought to his attention and/or that have been served him in the context of judicial proceedings and/or litigation.
In its capacity as dominus litis, NOVIUS will make every effort to obtain the results sought by the client but cannot offer guarantees in this.
NOVIUS makes a point of assuring optimal assistance and providing correct advice, in line with current legislation, doctrine and case law. Nonetheless, it accepts no responsibility if a client with dishonest or fraudulent intention abuses the assistance provided.
The mission is performed to meet the exclusive needs of the client, third parties have in no way any right to the work performed and the results obtained.
The client and NOVIUS can at any point terminate the contract without indemnity, and without this affecting in any way the obligation of the client to pay for the services rendered and expenses made. The termination of the contract by NOVIUS may not be untimely nor may it harm the interest of the client, provided that no outstanding fee statements or provision statements remain due to.
The fee statements of NOVIUS are always in euro and based on the work delivered. Novius may ask provisions.
Fee statements must be paid within 8 days of receipt. The client must give notice of any dispute over the amount of a fee statement in writing within 8 days. If the client fails to pay by the due date, legal interest rate will automatically be imposed without notice. Furthermore, the client will be charged an indemnity to cover recovery costs. This indemnity is set at 10% of the principal amount with a minimum of 250 euro.
If the client uses a legal expenses insurer, he remains liable for payment to NOVIUS of the fees not paid by the insurer.
The liability of NOVIUS, its partners and its associates is limited to the amount that is paid as a result of the basic policy of professional liability insurance of the Orde van Vlaamse Balies to which it has subscribed and with the limitations in force for this coverage. A copy of the insurance policy can be obtained at first request. The client may explicitly request and obtain insurance in a higher amount for specific files it being understood that the additional premium will be charged to the client.
In any case, an action becomes time-barred if the competent court has not been seized within twelve months from the moment the client obtains or can be reasonably deemed to have obtained knowledge of the facts on which the action is based.
Unless otherwise expressly agreed, NOVIUS is not responsible for services provided by third parties whom it has consulted.
NOVIUS accepts no responsibility for loss or damage resulting from receipt or non-receipt or use or non-use of electronic communications or documents sent by it.
The client knows and accepts that NOVIUS is obligated to discharge the obligations imposed by the law of 11 January 1993 relating to the prevention of the use of the financial system for money laundering and the financing of terrorism, in particular concerning the vigilance with regard to its clients and reporting to the authorities established for this purpose, any suspicions of laundering money or financing of terrorism. The client also knows that this law may compel NOVIUS to identify its clients. The client must provide his full assistance in this regard as prescribed by law. The full text of the law will be forwarded to him on request.
All legal relationships between NOVIUS and its clients are exclusively governed by the law of Belgium. The parties will seek to find amicable resolutions to any dispute. As necessary, disputes will be settled by the Courts of BRUSSELS, without prejudice to the right of NOVIUS to take legal action before the courts in the client’s jurisdiction.