On 1 December 2016 the European Commission published four legislative proposals¹, announcing a series of measures to improve the current VAT rules regarding cross-border B2C e-commerce. The overall purpose of these recent proposals is threefold: stimulate the functioning of the internal market, increase competitiveness of EU businesses and ensure effective taxation of the digital economy. We have listed and summarized the most important changes which have been put forward by the European Commission.

> Belgium

> Luxembourg

Belgium

(version as valid from 12/05/26)

Article 1. Identifier

TIBERGHIEN is a private limited company with its registered office at 1000 BRUSSELS, Avenue du Port 86C, box 419 and registered in the Crossroads Bank of Enterprises under the number 0417.899.754.

T: +32 2 773 40 00

F: +32 2 773 40 55

E: info@tiberghien.com

TIBERGHIEN is a law firm. TIBERGHIEN, and not the individual lawyers, provides services to the client (hereafter “Client”). The individual lawyers working for TIBERGHIEN all bear the professional title of lawyer (under Belgian law) and are all registered with their respective bar associations.

TIBERGHIEN's registered office is deemed to be the place where these obligations are discharged.

Article 2. Scope

These General Conditions (hereafter “General Conditions”) apply to each performance, including the first meeting, that TIBERGHIEN provides to a Client, except where agreed otherwise in writing between TIBERGHIEN and the Client.

Each performance concerns the services included in the service agreement, as well as the first meeting and all future performances commissioned by the Client, regardless of the way in which this assignment was communicated. This can be inferred, among other things, from the fact that TIBERGHIEN does not object to ongoing services within a reasonable period of time.

If another written agreement exists between TIBERGHIEN and the Client, then the General Conditions will only apply to the extent that they do not deviate from what is stipulated in that agreement.

These General Conditions are deemed to have been accepted upon signing of the service agreement of which these General Conditions form an integral part. If no service agreement is signed, then the General Conditions will be deemed to have been accepted if no written objection has been made within a period of fifteen (15) days of their receipt. 

These General Conditions are available in Dutch, French, English and German. In the event of any discrepancy between the different versions of the General Conditions, the Dutch version will prevail.

Article 3. Cooperation

The Client undertakes to provide TIBERGHIEN immediately with all information necessary or useful to enable TIBERGHIEN to properly carry out its activities.

TIBERGHIEN is under no circumstances liable for any damage that may arise as a result of incorrect, incomplete, unclear and/or misleading information received from the Client.

Article 4. Fees and charges

The services provided by TIBERGHIEN are usually, but not exclusively, invoiced on the basis of hourly rates.

Our standard hourly rates range from EUR 170 to EUR 465. The individual hourly rates are revised at regular intervals in accordance with the lawyer's experience, and without prior notice to the Client.

However, the final fees may vary according to the urgency of the performance, its complexity, the result achieved, its innovative or value-creating nature, the lawyer's experience, practical experience within the specific domain, etc. The first consultation will be invoiced in the same manner.

In some cases, a success fee may also be charged.

In principle, the services supplied and costs incurred by TIBERGHIEN will be settled on a monthly basis.

The fees described above do not include general office costs and specific costs. 

The general office costs include secretarial costs, archiving, etc. These general office costs are estimated at 7.5% of the fee charged.

The specific costs are stated separately on the invoice. They include translation costs, procedural costs, travel costs, special shipping costs, documentation costs, fees for access to third-party platforms, bailiff fees and third-party fees. They shall also include any negative interest that the financial institution would charge on the Client's funds held in the third-party account as described in Article 12.

Our rates do not include VAT. In the event that VAT has to be charged, our rates will be increased with the applicable VAT amount.

TIBERGHIEN may request one or more advance payments before the start of the assignment and during the handling of the case. These advances will be deducted from the final settlement.

Any estimate of fees is made in good faith, but is in no way binding, unless expressly agreed otherwise.

TIBERGHIEN's invoices, statements of fees, advances and any other request for payment can be sent to the Client either electronically or by regular mail. 

The Client undertakes to inform TIBERGHIEN without delay of any change in his/her/its contact details and to ensure that electronic communication can be received.

Article 5. Invoicing and formal principal and underlying Client

The (legal) person who has given the formal instruction to provide services is deemed to be the Client. 

In the event that the formal principal acts for an underlying Client, this principal is deemed to be the Client until after the explicit acceptance by the underlying Client of TIBERGHIEN's assignment and General Conditions. 

TIBERGHIEN will only invoice the formal principal unless there is an explicit acceptance by the underlying Client of TIBERGHIEN's assignment and General Conditions.

If performances have already been carried out in the context of the assignment, then the formal principal can only be discharged from payment for these performances from the moment that the underlying Client has agreed to the performances that have already been carried out and TIBERGHIEN's General Conditions.

Article 6. Payment and interest on late payment

Fees and costs due must be paid within thirty (30) days of the invoice being drawn up.  Advance invoices must be paid at the latest within seven (7) days after drawing up the advance invoice.

Client-Entrepreneur:

In the event of non-payment, the Client will automatically and without prior notice of default, owe default interest at the reference interest rate increased by eight (8) percentage points as referred to in Article 5, second paragraph, of the Law of 2 August 2002 on combatting late payment in commercial transactions on an annual basis, as well as lump sum damages at the rate of 10% on the amount owed.

Client-Consumer:

In the absence of payment by the due date of any amount owed by either party to this cooperation agreement, the following will be due after the sending of a formal notice that takes the form of a reminder and after the expiry of the period of at least fourteen (14) calendar days specified in the formal notice:

- a late payment interest from the calendar day following the day on which the reminder has been sent, at the reference interest rate increased by eight (8) percentage points referred to in Article 5, second paragraph, of the Law of 2 August 2002 on combatting late payment in commercial transactions;

- lump sum damages equal to:

• 20 euros if the balance due is less than or equal to 150 euros;
• 30 euros plus 10% of the amount due on the tranche between 150.01 and 500 euros if the balance due is between 150.01 and 500 euros;
• 65 Euros plus 5% of the amount due on the tranche above 500 Euros with a maximum of 2000 Euros if the balance due is above 500 euros.

The period of fourteen (14) calendar days will commence on the third business day after the reminder has been sent to the Client. If the reminder is sent electronically, then the period of fourteen (14) calendar days will commence on the calendar day following the day on which the reminder was sent to the other party.

Moreover, TIBERGHIEN has the right to discontinue performing its obligations arising from the agreement after a written reminder has been sent if the Client fails to fulfill his/her/its payment obligations and without this being a reason for the Client to claim damages.

Article 7. Disputes regarding invoices

Invoices must be disputed within twenty-one (21) days of receipt. Receipt is deemed to have taken place two (2) days after the date stated on the invoice. 

This objection should preferably be lodged by e-mail to invoicing@tiberghien.com and includes a justification of the objection.

After the expiry of the twenty-one (21)-day period, the invoice is deemed to have been accepted.

Article 8. Processing of personal data

TIBERGHIEN acts as processing manager of all personal data provided. For more information regarding our processing activities, please refer to the privacy statement published on our website (https://www.tiberghien.com/en/privacy-policy ). On request, we can also provide you with a printed version.

Article 9. Anti-money laundering legislation

The Client acknowledges that the services could fall within the scope of the Law of 18 September 2017 on the prevention of money laundering and terrorist financing and on the restriction of the use of cash.

Under these regulations, TIBERGHIEN is obliged to impose the duty of Client identification and due diligence regarding the Client, their agent(s) and their ultimate beneficiary/ies.

The Client must cooperate in this respect and must provide, upon first request, all the required information, corroborated by the required documentation. If this information were to change during the term in which services are provided, then TIBERGHIEN must be informed immediately.

TIBERGHIEN reserves the right to suspend or stop any and all services when no or insufficient information is provided or when doubts arise regarding the accuracy of the information provided. The suspension or cessation of services entails no liability whatsoever on the part of TIBERGHIEN and in no sense affects the services already performed and billable.

The Client accepts that the costs and fees for performances carried out within the framework of the obligations set out in this legislation will be charged.

Article 10. DAC 6

The Client notes that services of a cross-border nature may fall within the scope of 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 (hereafter “DAC 6”) and declares its agreement with its application vis-à-vis the Client.

Under DAC 6, as from 1 January 2021, any intermediary intervening in advising or implementing “cross-border arrangements” may be required to report on these arrangements under the mandatory disclosure reporting regulations.

There is an exception to this reporting duty if the intermediary is bound by a legally protected professional secret (including lawyers).

In this case, the intermediary bound by such a protected professional secret must inform all other known intermediaries that he/she will not be able to comply with the obligation to notify. To avoid this notification constituting in itself a breach of a protected professional secret, the Client must automatically give TIBERGHIEN a mandate to make this notification on his/her behalf.

If no other intermediaries are present, the duty of notification shifts to the Client. In this case, the Client may mandate TIBERGHIEN to notify on the Client's behalf, for which specific arrangements will then be made.

The Client accepts that the costs and fees for services provided within the framework of DAC 6 will be charged to the Client.

Article 11. Intellectual property

TIBERGHIEN's work is protected by intellectual property rights.  

The Client is not entitled, without TIBERGHIEN's permission, to publish, reproduce or use TIBERGHIEN's work (advice, agreements, procedural documents, or other 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. Third-party funds

TIBERGHIEN will pay all amounts it receives for its Client within the shortest possible time to its Client. 

TIBERGHIEN may deduct monies from the amounts it receives for the account of the Client to cover outstanding advances, fees or costs. TIBERGHIEN shall inform the Client of such deduction in writing and, if applicable, shall not leave these funds in the third-party account.  This provision does not affect the Client's right to challenge the statements of fees and to claim payment of these withheld amounts. 

TIBERGHIEN will pay all amounts it receives from the Client, on behalf of third parties, to these third parties as soon as possible.

Article 13. Liability

TIBERGHIEN's commitments are effort-driven, as opposed to result-driven. It follows from this fact that TIBERGHIEN does not commit to achieving a predetermined result, but will only use its best efforts in the interests of the Client.   

The Client accepts that only the office can be held liable and not TIBERGHIEN's individual lawyers or employees.  Neither TIBERGHIEN, nor any of its auxiliary persons, can be held liable by the Client on an extracontractual basis, in accordance with the provisions of Book 6 of the New Civil Code.

TIBERGHIEN's professional liability, and that of the lawyers acting within the framework of a cooperation agreement with TIBERGHIEN, as well as their appointees, employees or auxiliary persons in law and in fact and all persons for whom TIBERGHIEN can be held civilly liable, is insured in the first instance with Liberty Mutual Insurance Europe SE. This policy provides worldwide cover for activities carried out by the insured persons from their offices in Belgium. However, this is subject to clarifications and nuances made in the policy itself and with the exception of claims brought against the insured in the United States or Canada or under the legislation or jurisdiction of the United States or Canada. 

In addition to the policy taken out with Liberty Mutual Insurance Europe SE, TIBERGHIEN has taken out six additional professional liability insurance policies with AON, Liberty Mutual Insurance Europe SE, CNA Insurance Company (Europe) SA, HDI Global Specialty SE, Zurich Benelux & Probitas en HDI Global Specialty SE.

These additional policies provide worldwide cover for activities carried out by the insured persons from their offices in Belgium. However, this is subject to clarifications and nuances made in the policies themselves. 

TIBERGHIEN's professional liability is in any case limited to the amount covered by the professional liability insurance. More information about the full cover can be obtained upon request.

The Client acknowledges that TIBERGHIEN's professional liability insurance is sufficient. 

Under no circumstances can TIBERGHIEN be held liable for any shortcomings in the performance provided by third parties or auxiliary persons it calls upon, nor for recommending such third parties or auxiliary persons, nor for the Client's use of software and documents made available by TIBERGHIEN.

Where TIBERGHIEN grants the Client access to digital services provided by third-party service providers, TIBERGHIEN expressly disclaims all warranties (both explicit and implied warranties), including but not limited to implied warranties of merchantability, adequacy for a particular purpose, full compliance or uninterrupted or flawless operation. The Client acknowledges and agrees that he alone is responsible for the use of these services and the results obtained. The Client shall take note of and abide by the terms of use of the digital service. Under no circumstances and without prejudice to the above limitations of liability, TIBERGHIEN's total liability may exceed the amount that the third-party service provider itself is required to pay to TIBERGHIEN in the event of default or breach in accordance with the third-party service provider's general terms and conditions of which the Client is deemed to be aware. 

If the professional liability insurer does not cover the damage, for whatever reason, TIBERGHIEN's liability shall be limited, within the limits of applicable law, to the fees charged in connection with the advice provided. 

Article 14. Termination of the Agreement

The Agreement may be terminated by either Party at any time without cause by giving written notice to the other Party.  

If the written notification is given by TIBERGHIEN, then the period of time required by the Client to obtain timely legal assistance from another service provider will be taken into account.  However, this period may not exceed two weeks. This paragraph does not apply if the termination of the Agreement is the result of a legal obligation. In that case, the termination will be effective immediately.

If it is the Client who gives the written notice, then the agreement will be terminated immediately and the Client will not owe TIBERGHIEN any compensation. However, the Client will remain obliged to pay for the services provided by TIBERGHIEN, costs incurred, etc., until the moment that TIBERGHIEN becomes aware of the written termination of the agreement. In addition, the Client also remains liable for the performances associated with the closure and transfer of the file. 

TIBERGHIEN will not be liable for any damage resulting from the termination of the agreement.

The termination of the agreement or the end of the mandate and of the obligations arising from that, do not release the parties from the agreements made in the General Conditions or in the underlying service agreement.

Article 15. Severability

In the event of severability or inapplicability of a clause or any specific aspects, the validity of the remaining clauses of the General Conditions will not be prejudiced.   

The invalid or inapplicable clause will be replaced by mutual agreement between the parties, by a clause as close as possible to the original clause in its intention.

Article 16. Changes

TIBERGHIEN reserves the right to amend these General Conditions at any time.

Article 17. Applicable law and competence

The General Conditions and the relations between TIBERGHIEN and the Client are governed exclusively by Belgian law and, to the extent applicable, by, and with respect for, the ethical rules to which the lawyer is subject. Further information in this respect will be provided upon request. 

Disputes are preferably settled amicably. 

If no amicable settlement is possible, then disputes between TIBERGHIEN and the Client will be settled exclusively before the competent courts of Brussels.

To the extent applicable, the Client may apply, as appropriate, to the competent authorities of the Bars of Brussels, Antwerp, Ghent or Hasselt. 

Consumers can, depending on the case, also submit a complaint to the Ombudsman Service for Consumer Disputes relating to the Legal Profession (OCA) or Service Ombudsman des avocats de l’Ordre des barreaux francophones et germanophone. More information can be found on the following website: http://oca.ligeca.be/en/.

Luxembourg

(version as valid from 21/06/2021)

Article 1. Identifier

TIBERGHIEN Luxembourg is a private limited company with its registered office at 23 Boulevard Joseph II, L-1840 Luxembourg and registered with the Luxembourg Trade and Companies Register under number B153.074.

T: +352 27 47 51 11

F: +352 28 66 96 58

E: info@tiberghien.com

TIBERGHIEN Luxembourg is a law firm. TIBERGHIEN Luxembourg, and not its individual lawyers and/or any of its consultants, advisors, provides services to the client (hereafter “Client”). TIBERGHIEN Luxembourg is a law firm registered with the Luxembourg bar association.

TIBERGHIEN Luxembourg's registered office is deemed to be the place where these obligations are discharged.

Article 2. Scope

2.1. These General Conditions (hereafter “General Conditions”) apply to each performance, including the first meeting, that TIBERGHIEN Luxembourg provides to a Client, except where agreed otherwise in writing between TIBERGHIEN Luxembourg and the Client.

2.2. Each performance concerns the services included in the service agreement, as well as the first meeting and all future performances commissioned by the Client, regardless of the way in which this assignment was communicated.  This can be inferred, among other things, from the fact that TIBERGHIEN Luxembourg does not object to ongoing services within a reasonable period of time.

2.3. If another written agreement exists between TIBERGHIEN Luxembourg and the Client, then the General Conditions will only apply to the extent that they do not deviate from what is stipulated in that agreement.

2.4. These General Conditions are deemed to have been accepted upon signing of the service agreement of which these General Conditions form an integral part.  If no service agreement is signed, then the General Conditions will be deemed to have been accepted if no written objection has been made within a period of fifteen (15) days of their receipt. 

These General Conditions can also be consulted via the website:
https://www.tiberghien.com/en/general-terms-and-conditions.

These General Conditions are available in French and English. In the event of any discrepancy between the different versions of the General Conditions, the English version will prevail.

Article 3. Cooperation

3.1. The Client undertakes to provide TIBERGHIEN Luxembourg immediately with all information necessary or useful to enable TIBERGHIEN Luxembourg to properly carry out its activities.

3.2. TIBERGHIEN Luxembourg is under no circumstances liable for any damage that may arise as a result of incorrect, incomplete, unclear and/or misleading information received from the Client.

Article 4. Fees and charges

4.1. The services provided by TIBERGHIEN Luxembourg are usually, but not exclusively, invoiced on the basis of hourly rates.

4.2. The individual hourly rates are revised at regular intervals in accordance with the lawyers, consultants or advisors’ experience, and without prior notice to the Client.

4.3. However, the final fees may vary according to the urgency of the performance, its complexity, the result achieved (in this scope a success fee may also be charged subject to prior agreement with the Client), its innovative or value-creating nature, the lawyers, consultants or advisors’ experience, practical experience within the specific domain, etc. The first consultation will be invoiced in the same manner.

In principle, the services supplied and costs incurred by TIBERGHIEN Luxembourg will be settled on a monthly basis.

The fees described above do not include general office costs and specific costs.

4.4. The general office costs include secretarial costs, archiving, etc. These general office costs are estimated at 7.5% of the fee charged.

The specific costs are stated separately on the invoice. They include translation costs, procedural costs, travel costs, special shipping costs, documentation costs, bailiff fees and third-party fees. They shall also include any negative interest that the financial institution would charge on the Client's funds held in the third-party account as described in Article 12.

4.5. Our rates do not include VAT. In the event that VAT has to be charged, our rates will be increased with the applicable VAT amount.

4.6. TIBERGHIEN Luxembourg may request one or more advance payments before the start of the assignment and during the handling of the case. These advances will be deducted from the final settlement.

4.7. Any estimate of fees is made in good faith, but is in no way binding, unless expressly agreed otherwise.

4.8. TIBERGHIEN Luxembourg's invoices, statements of fees, advances and any other request for payment can be sent to the Client either electronically or by regular mail.

4.9. The Client undertakes to inform TIBERGHIEN Luxembourg without delay of any change in his/her/its contact details and to ensure that electronic communication can be received.

Article 5. Invoicing and formal principal and underlying client

5.1. The (legal) person who has given the formal instruction to provide services is deemed to be the Client. 

5.2. In the event that the formal principal acts for an underlying Client, this principal is deemed to be the Client until after the explicit acceptance by the underlying Client of TIBERGHIEN Luxembourg's assignment and General Conditions. 

5.3. TIBERGHIEN Luxembourg will only invoice the formal principal unless there is an explicit acceptance by the underlying Client of TIBERGHIEN Luxembourg's assignment and General Conditions.

5.4. If performances have already been carried out in the context of the assignment, then the formal principal can only be discharged from payment for these performances from the moment that the underlying Client has agreed to the performances that have already been carried out and TIBERGHIEN Luxembourg's General Conditions.

Article 6. Payment and interest on late payment

6.1. Fees and costs due must be paid within thirty (30) days of the invoice being drawn up. Advance invoices must be paid at the latest within seven (7) days after drawing up the advance invoice.

6.2. In the event of late payment, the Client will owe, by law and without prior notice of default being required, default interest of 8% per annum and a fixed compensation of 10% on the overdue amount.

6.3. Moreover, TIBERGHIEN Luxembourg has the right to discontinue the execution of its obligations arising from the agreement after a written reminder if the Client fails to fulfil its payment obligations and without this being a reason for the Client to claim damages.

Article 7. Disputes regarding invoices

7.1. Invoices must be disputed within twenty-one (21) days of receipt. Receipt is deemed to have taken place two (2) days after the date stated on the invoice. 

7.2. This objection should preferably be lodged by e-mail to invoicing@tiberghien.com and includes a justification of the objection.

7.3. After the expiry of the twenty-one (21)-day period, the invoice is deemed to have been accepted.

Article 8. Processing of personal data

8.1. As a data processor, TIBERGHIEN Luxembourg is responsible for processing all the personal data provided.

8.2. Personal data is processed within the framework of the performance of the service agreement and to protect the Client's interests as well as to comply with legal obligations. Personal data may also be used to provide information on legal developments or to issue invitations to events organised by TIBERGHIEN Luxembourg. 

Personal data will not be kept longer than necessary and, in particular, in accordance with the statutory retention periods laid down in the preventive anti-money laundering legislation.

8.3. Clients have the right to access, make corrections to and update personal data. Clients may impose restrictions on further processing activities, request the deletion of all personal data or request a copy of the personal data in a readable form so that this data can be transferred.  All such requests should be addressed to privacy@tiberghien.com. If TIBERGHIEN Luxembourg's response is not sufficient, then the Client may contact the Luxembourg National Data Protection Commission by e-mail at info@cnpd.lu.

Article 9. Anti-money laundering legislation

9.1. The Client acknowledges that the services could fall within the scope of the Law of 12 November 2004 on the fight against money laundering and terrorist financing.

9.2. Under these regulations, TIBERGHIEN Luxembourg is obliged to impose the duty of Client identification and due diligence regarding the Client, their agent(s) and their ultimate beneficiary/ies.

9.3. The Client must cooperate in this respect and must provide, upon first request, all the required information, corroborated by the required documentation. If this information were to change during the term in which services are provided, then TIBERGHIEN Luxembourg must be informed immediately.

9.4. TIBERGHIEN Luxembourg reserves the right to suspend or stop any and all services when no or insufficient information is provided or when doubts arise regarding the accuracy of the information provided. The suspension or cessation of services entails no liability whatsoever on the part of TIBERGHIEN Luxembourg and in no sense affects the services already performed and billable.

9.5. The Client accepts that the costs and fees for performances carried out within the framework of the obligations set out in this legislation will be charged.

Article 10. DAC 6

10.1. The Client notes that services of a cross-border nature may fall within the scope of the Act of 25 March 2020 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 (hereafter “DAC 6”) and declares its agreement with its application vis-à-vis the Client.

10.2. Under DAC 6, as from 1 January 2021, any intermediary intervening in advising or implementing “cross-border arrangements” may be required to report on these arrangements under the mandatory disclosure reporting regulations.

10.3. There is an exception to this reporting duty if the intermediary is bound by a legally protected professional secret (including lawyers).

10.4. In this case, the intermediary bound by such a protected professional secret must inform all other known intermediaries that he/she will not be able to comply with the obligation to notify. To avoid this notification constituting in itself a breach of a protected professional secret, the Client must automatically give TIBERGHIEN a mandate to make this notification on his/her behalf.

10.5. If no other intermediaries are present, the duty of notification shifts to the Client. In this case, the Client may mandate TIBERGHIEN to notify on the Client's behalf, for which specific arrangements will then be made.

10.6. The Client accepts that the costs and fees for services provided within the framework of DAC 6 will be charged to the Client.

Article 11. Intellectual property

11.1. TIBERGHIEN Luxembourg's work is protected by intellectual property rights.  

11.2. The Client is not entitled, without TIBERGHIEN Luxembourg's permission, to publish, reproduce or use TIBERGHIEN Luxembourg’s work (advice, agreements, procedural documents, or other 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. Third-party monies

12.1. TIBERGHIEN Luxembourg will pay all amounts it receives for its Client within the shortest possible time to its Client. 

12.2. TIBERGHIEN Luxembourg may deduct amounts from the monies it receives for the account of the Client to cover outstanding advances, fees or costs. TIBERGHIEN Luxembourg will inform the Client of such deduction in writing. This provision does not affect the Client's right to challenge the statements of fees and to claim payment of these withheld amounts. 

12.3. TIBERGHIEN Luxembourg will pay all amounts it receives from the Client, on behalf of third parties, to these third parties as soon as possible.

Article 13. Liability

13.1. TIBERGHIEN Luxembourg's commitments are effort-driven, as opposed to result-driven. It follows from this fact that TIBERGHIEN Luxembourg does not commit to achieving a predetermined result, but will only use its best efforts in the interests of the Client.   

13.2. The Client accepts that only the office can be held liable and not TIBERGHIEN Luxembourg's individual lawyers or employees. 

13.3. TIBERGHIEN Luxembourg's professional liability, and that of the lawyers, consultants or advisors acting within the framework of a cooperation agreement with TIBERGHIEN Luxembourg, as well as their appointees in law and in fact and all persons for whom TIBERGHIEN Luxembourg can be held civilly liable, is insured in the first instance with NV Amlin Europe, 1210 BRUSSELS, Avenue du Roi Albert II 9. This policy provides worldwide cover for activities carried out by the insured persons from their offices in Luxembourg. However, this is subject to clarifications and nuances made in the policy itself and with the exception of claims brought against the insured in the United States or Canada or under the legislation or jurisdiction of the United States or Canada. 

13.4. In addition to the policy taken out with NV Amlin Europe, TIBERGHIEN Luxembourg has taken out three additional professional liability insurance policies with AIG Europe Ltd, Zurich Benelux and HDI Global Specialty SE. These additional policies provide worldwide cover for activities carried out by the insured persons from their offices in Luxembourg. However, this is subject to clarifications and nuances made in the policies themselves. 

13.5. TIBERGHIEN Luxembourg's professional liability is in any case limited to the amount covered by the professional liability insurance. More information about the full cover can be obtained upon request.

13.6. The Client acknowledges that TIBERGHIEN Luxembourg's professional liability insurance is sufficient. 

13.7. Under no circumstances can TIBERGHIEN Luxembourg be held liable for any shortcomings in the performance provided by third parties it calls upon, nor for recommending such third parties. 

13.8. If the professional liability insurer does not cover the damage, for whatever reason, then TIBERGHIEN Luxembourg cannot be held liable, either for contractual or extra-contractual liability, and will not owe any compensation to the Client.

Article 14. Termination of the agreement

14.1 The Agreement may be terminated by either Party at any time without cause by giving written notice to the other Party.  

14.2. If the written notification is given by TIBERGHIEN Luxembourg, then the period of time required by the Client to obtain timely legal assistance from another service provider will be taken into account. However, this period may not exceed two weeks. This paragraph does not apply if the termination of the Agreement is the result of a legal obligation. In that case, the termination will be effective immediately.

14.3. If it is the Client who gives the written notice, then the agreement will be terminated immediately and the Client will not owe TIBERGHIEN Luxembourg any compensation. However, the Client will remain obliged to pay for the services provided by TIBERGHIEN Luxembourg, costs incurred, etc., until the moment that TIBERGHIEN Luxembourg becomes aware of the written termination of the agreement. In addition, the Client also remains liable for the performances associated with the closure and transfer of the file. 

14.4. TIBERGHIEN Luxembourg will not be liable for any damage resulting from the termination of the agreement.

14.5. The termination of the agreement or the end of the mandate and of the obligations arising from that, do not release the parties from the agreements made in the General Conditions or in the underlying service agreement.

Article 15. Professional secrecy and confidentiality

15.1. TIBERGHIEN Luxembourg is strictly bound by professional secrecy rules under Luxembourg law.

15.2. TIBERGHIEN Luxembourg shall treat any information and documentation provided to TIBERGHIEN Luxembourg by the Client or on its behalf (hereafter “Client Information”) as confidential and shall not disclose any such Client Information to anyone without the Client's prior consent, except where and to such extent:

• TIBERGHIEN Luxembourg is required to disclose Client Information by law or court order; or
• disclosure of Client Information is necessary to enforce TIBERGHIEN Luxembourg’s rights under the engagement letter;
• TIBERGHIEN Luxembourg reasonably considers that, for the purpose of delivering the services, it is necessary to disclose Client Information, on an as needed basis, to third parties, such as to the Client's other advisers or service providers.

15.3. The Client agrees that TIBERGHIEN Luxembourg will not be restricted in its freedom to take any steps or measures which TIBERGHIEN Luxembourg reasonably considers to be necessary to comply with applicable laws and regulations.

15.4. The Client expressly acknowledges and agrees that TIBERGHIEN Luxembourg may disclose Client Information to TIBERGHIEN Luxembourg’s shareholders, managers, officers, partners, associates or employees and to third parties providing services to or on behalf of TIBERGHIEN Luxembourg, who may collect, use, transfer, store or otherwise process such Client Information in the jurisdiction(s) in which those third parties operate (i) for purposes related to the provision of the services, (ii) to comply with legal and regulatory requirements, (iii) to check conflicts, (iv) for quality, risk management or financial accounting purposes and/ or (v) for the provision of administrative, marketing or IT support services.

15.5. The undertakings set out in this section will survive the termination of the service agreement.

Article 16. Severability

16.1. In the event of severability or inapplicability of a clause or any specific aspects, the validity of the remaining clauses of the General Conditions will not be prejudiced.   

16.2. The invalid or inapplicable clause will be replaced by mutual agreement between the parties, by a clause as close as possible to the original clause in its intention.

Article 17. Changes

17.1. TIBERGHIEN Luxembourg reserves the right to amend these General Conditions at any time.

Article 18. Applicable law and competence

18.1. The General Conditions and the relations between TIBERGHIEN Luxembourg and the Client are governed exclusively by Luxembourg law and, to the extent applicable, by, and with respect for, the ethical rules to which the lawyer, consultant or advisor, is subject. Further information in this respect will be provided upon request. 

18.2. Disputes are preferably settled amicably. 

18.3. If no amicable settlement is possible, then disputes between TIBERGHIEN Luxembourg and the Client will be settled exclusively before the courts of Luxembourg.

18.4. To the extent applicable, the Client may apply, as appropriate, to the competent authorities of the Bar of Luxembourg. 

Questions?

Contact us 

Our offices

Tiberghien is firmly rooted locally with offices in Belgium (Antwerp, Brussels, Ghent, Hasselt), the Grand Duchy of Luxembourg and representation in Zurich and Geneva.

The materials on this site are provided for informational purposes only and do not constitute legal or other professional advice. You should not and may not rely upon any information on this site without seeking the advice of a suitably qualified lawyer who is familiar with your particular circumstances.

Tiberghien assumes no responsibility for the information provided on this site or its accuracy or completeness and disclaims all liability in respect of such information. Tiberghien is, unless otherwise stated, the owner of any copyright and database right in this website and its contents. No part of this website may be published, distributed, extracted, re-utilised or reproduced in any material form (including photocopying or storing it in any medium by electronic means and whether or not transiently or incidentally to some other use of this publication) except if permitted by law.

Tiberghien reserves the right to revise this policy at any time by posting a new policy on this site. Please check this page regularly for changes.