SOLUTIONS
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KNOWLEDGE BASE
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1.1. Parties. These general terms and conditionsdefine the legal relationship between the company PITCH BV, trading under thename "PITCH", with registered office at Grétrystraat 54, BE-2018Antwerpen (O.N. BE 1013.954.658 - hereinafter: "PITCH"), and thenatural or legal person to whom the engagement letter is addressed or whoretains the services of PITCH (hereinafter: "the Client"). The Clientacknowledges that no other conditions, such as - but not limited to - anygeneral or specific (purchase) conditions or other provisions to which theClient refers, apply to the legal relationship between the Client and PITCHregarding the services provided by PITCH. These general terms and conditionsare annexed to and form an integral part of the engagement letter. In the eventof any conflict between these general terms and conditions and the engagementletter, the engagement letter prevails.
1.2. Object. The services to be rendered by PITCHare included in the engagement letter or any other written communication betweenthe parties.These services may be extended or modified by mutual agreement, by letter ore-mail, and may include representing and/or assisting the Client in disputes,negotiations and mediation, whether or not in a legal sense, and providinglegal advice (the “Services”).
1.3. Scope. Unless expressly agreed otherwise inwriting, the obligations entered into by PITCH are always obligations of means.Deviations from these general terms and conditions will always be agreed uponin advance and in writing, with reference to the provision from which theparties wish to deviate. When PITCH makes use of third parties in its Services(other law firms, accountants, notaries, bailiffs, financial and/or IT serviceproviders, logistics companies, government agencies, etc.), it will notify theClient of this in writing. Upon the Client's agreement to use these thirdparty(ies), a direct legal relationship is established between the Client andthe third party service provider, unless explicitly agreed otherwise inwriting. PITCH cannot be held liable for errors or shortcomings in the servicesof agreed third party service providers.
2.1. Information and communication. The Clientshall make available to PITCH without delay all information related to theagreed Servicesin order to allow for quality services. The Client undertakes to treat allinformation relating to the service with the necessary care and to respect itsconfidential or secret nature. PITCH cannot be held liable for any damage ifthe information provided by the Client was incorrect, incomplete or untimely.
2.2. Complaints and questions. If the Client hasany questions or complaints regarding the agreed Service, it should communicate themto PITCH immediately via e-mail.
2.3. Identification. PITCH will always proceed withthe identification of the principals and, if applicable, the directors andbeneficial owners (UBOs) in the context of its Services in accordance with the Actof September 18, 2017 on the prevention of money laundering and the financingof terrorism and on the restriction of the use of cash. The Client shallspontaneously provide any document enabling the identification of the above-mentionedpersons as well as any change in the required data. When the Client has a riskprofile due to its capacity, location or business activity, the Client shall,at the request of PITCH, provide additional information or documentation inorder for PITCH to comply with its obligations.
2.4. Duty to Report. In its Services, PITCH observes itsprofessional secrecy with the utmost care. Only in specific situations - withthe exception of assisting in the defense of rights or the assessment of thelegal position - and only as far as required by the anti-money laundering legislationand deontology will PITCH inform the President of the Bar of Antwerp (orBrussels) if it knows, suspects or has reasonable grounds to believe thatmonies, funds, or transactions are used for money laundering or the financingof terrorism. It is up to the competent President of the Bar to decide, takinginto account the lawyer's professional secrecy, whether the issue should bereported to the Financial Intelligence Processing Agency.
3.1. Applicable fees. The fees applicable to theagreed Serviceare included in the engagement letter. If no prior written agreement has beenmade regarding the fees, the Services will in principle be invoiced onthe basis of an hourly rate. The hourly rates charged vary according to theurgency, complexity and service required. The Client and PITCH can agree on asuccess fee, consisting of a certain percentage of the recovered or indemnifiedfunds resulting from the granting of financial benefits or from the outcome oflegal proceedings. This amount will be payable to PITCH in addition to theagreed fees.
3.2. Costs. All costs advanced by PITCH inconnection with the provision of the Services (including, but not limitedto, court fees, registration fees, costs incurred by third parties, travelcosts and parking costs) will be passed on to the Client. PITCH will alwaysinclude such costs and the VAT due in the appropriate section of its invoice.Upon simple request by the Client, supporting documents for costs incurred willbe provided.
3.3. Advance payments. When the Client and PITCHagree that all or part of the fees payable to PITCH are to be paid in advance,the Client explicitly acknowledges that PITCH reserves the right not to startor stop its Services until such agreed amounts have been paid in full.
3.4. Payment and Payment Deadline. Invoices fromPITCH are payable in cash, without discount, to the bank account number listedon the invoice. If the Client fails to pay the invoice in full within a periodof thirty (30) days after the invoice date, the Client will owe PITCH, byoperation of law and without prior notice of default, a default interest of 10%per annum of the total outstanding invoice amount, with a minimum of EUR150.00.
3.5. Discontinuation of Services. In the absenceof full and/or timely payment of the invoice amount or legitimate indicationsto that effect, PITCH is entitled to suspend all or part of its Services.In such case, PITCH is also entitled to demand payment guarantees and/orsecurities from the Client, or to demand immediate payment of all outstandingamounts. In the above cases, PITCH is always entitled to terminate theagreement by written notice. In such a case, PITCH will always observe itsdeontological obligations.
3.6. Indexation. If the Client and PITCH agree on anhourly rate or a recurring fixed rate for the provision of the Services,the agreed rates will be automatically and without prior notice indexed on eachanniversary of the engagement letter in accordance with the consumer prices aspublished by STATBEL.
4.1. Third Party Accounts. Funds received byPITCH on behalf of the Client will always be placed in a third-party account ata financial institution chosen by PITCH.
4.2. Liability. PITCH cannot be held liable withrespect to the Client or any other person for any errors in the service,wrongful acts or shortcomings of the financial institution where PITCH holdsthird-party funds. PITCH can never be held liable to pay back these amountswhen the financial institution fails to pay back the third party funds or totransfer them.
5.1. Insurer. The lawyers of PITCH are insuredthrough the Order of Flemish Bars with the professional liability insurersAmlin Europe NV, Koning Albert II-laan 9, 1210 Brussels and AG Insurance NV E.Jacqmainlaan 53, 1000 Brussels. PITCH's liability is limited to the amount paidout by these professional liability insurers, increased by the amount of thedeductible.
5.2. Scope. The Client expressly accepts thatthe liability of PITCH, in the absence of intervention by the professionalliability insurer, is in any case limited to the agreed remuneration for the Servicesthat have caused the damage. In any event, where the professional liabilityinsurer does not intervene, this liability is limited to a maximum of EUR 125,000.Where the insurer does intervene, the limitation in Article 5.1 (the amountpaid out by the insurer, increased by the deductible) applies. Any otherform of damage, including but not limited to loss of profits, opportunities, customers,suppliers, indirect damage, damage incurred by third parties is expresslyexcluded.
5.3. Claims. The Client will inform PITCH byregistered letter of any claim within the earlier of one year following thedamage occurring or six months after the Client became aware or shouldreasonably have become aware of the facts giving rise to the claim, and in anyevent within the applicable statutory limitation period.
5.4. Indemnification with regard to third parties.Unless specifically stated otherwise in writing by PITCH, the Client explicitlyacknowledges that it is the sole beneficiary of the Services and entitled to invoke anyrights from the engagement letter. The Client undertakes to indemnify PITCHagainst third-party claims arising in connection with the provision of the Services,except to the extent such claims result from the intent, fraud or grossnegligence of PITCH.
PITCH will immediately inform the Client of any potential orexisting conflict of interest as soon as this is identified. The Client andPITCH undertake to make the necessary arrangements to avoid or resolve such aconflict of interest. Conflicts of interest are always limited to the agreed Service.
7.1. Processing Responsibility. PITCH may,depending on the situation, act as a data controller or processor of personaldata of the Client and/or designated third parties. When processing personal data for its ownclient files and services, PITCH acts as data controller and applies thesafeguards set out in its privacy policy, published at https://www.pitch.law.PITCH acts as processor only where it processes personal data on behalf and onthe documented instructions of the Client, in which case a separate dataprocessing agreement applies.
7.2. Consent and use data. The Client expresslyconsents to this processing of personal data. The following personal data willbe processed in the context of the agreed Services: first name, surname,address, telephone number(s), professional position(s), gender, date of birth,bank account number, e-mail address(es), etc. The above data is used by PITCHto facilitate the agreed Services, manage the Client's file, optimizeadministration, communicate with the Client, the Client’s representatives, aswell as third parties involved in the matter at hand. The Client may consentseparately and voluntarily to the processing of the Client's data for directmarketing (newsletters, client alerts and similar). Such consent is optional,is not a condition for the Services, and may be withdrawn at any time. TheClient may withdraw such consent at any time, either in full or for one or moreof the above purposes. Withdrawal of consent is done via email to info@pitch.law.Withdrawal of consent shall not affect the lawfulness of prior processing ofpersonal data, nor the provision of information to public authorities based onlegal or judicial obligations.
7.3. Retention of personal data. PITCH retainsall personal data in its databases in accordance with data protection rules andthis until such time as they are deleted, in accordance with the legalretention period applicable to PITCH.
7.4. Access to data and objections. The Clienthas the right to request access to and/or copies of personal data at any time,as well as to update, correct or delete such data. If the Client wishes toexercise the above rights, the Client should send an e-mail to info@pitch.law.PITCH reserves the right to ask for a copy of the identity card for securityreasons. For questions or complaints regarding the processing of personal data,the Client can always email info@pitch.law.
8.1. General. In providing the Services, PITCHmakes use of its own computer applications, or third party applications. Theparties that manage (host) the applications of PITCH have at least SOC 2 Type IIand SOC 3Type II certifications. These applications and services, including the Client Portaland its functionalities (such as intellectual property watch and monitoringresults, communications within ongoing matters and the Client's register ofprocessing activities), are intended to facilitate the exchange of informationbetween the Client and PITCH, and are made available to the Client on an “as is”and “as available” basis. Consequently, PITCH cannot be held liable if theseapplications are temporarily unavailable, contain errors, cannot be adaptedto the Client's needs or if the Client imposes restrictions on the use of suchservices. Access to the Client Portal is personal to the Client, who isresponsible for keeping its access credentials confidential and for any usemade of the Client Portal under those credentials.
8.2. Disclosure. If the Services expressly include the use ofcertain applications or computer-related services, this shall be expresslystated in the engagement letter, as well as the conditions under which theseapplications or services are made available to the Client.
The lawyers of PITCH are subject to the deontologicalsupervision of the President of the Bar of Antwerp, Bolivarplaats 20/15, 2000Antwerp (https://balieantwerpen.be). Complaints regarding the processing ofpersonal data can be submitted to the Belgian Data Protection Authority(https://www.gegevensbeschermingsautoriteit.be).
10.1. Applicable law and forum. Only Belgian law,with the exception of the provisions of international private law, applies toall legal relations between PITCH and the Client. In case of dispute, the Dutchtext and its interpretation shall prevail over any translation. Only the courtsof the judicial district of Antwerp, Antwerp division, are competent to takecognizance of disputes concerning the establishment, execution and terminationof the agreement(s) between PITCH and the Client.
10.2. Deontology. All lawyers who are part of PITCHare members of the Order of Flemish Bars and fall within the scope of Article428 ff of the Belgian Judicial Code, including the applicable deontologicalrules.
10.3. Prior Alternative Mediation. The Client andPITCH undertake to make every effort in advance to settle any disputesamicably, whether or not through the intervention of the Ombudsman Service forConsumer Disputes for the Legal Profession, an agreed mediator or the Presidentof the Bar Association of Antwerp.
The possible invalidity of one or more provisions shall notaffect the validity and enforceability of the other conditions. The invalid orunenforceable provisions must always be interpreted and explained or, as thecase may be, replaced by valid and enforceable provisions that are similar incontent, scope and intent to the initial provisions.
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