1.1. Parties. These general terms and conditions define the legal relationship between the company PITCH PATENTS BV, acting under the name "PITCH", with registered office at Larumseweg 95D/2, 2440 Geel (O.N. BE 0781.754.276 - hereafter: "PITCH") on the one hand, and the natural or legal person to whom the order letter is addressed (hereafter: "the client") on the other hand. The client acknowledges that no other terms and conditions, such as - but not limited to - any general or specific (purchase) conditions or other provisions to which the client refers are applicable to the legal relationship between the client and PITCH regarding PITCH's services.
1.2. Object. The services included in the engagement letter may be expanded or modified by mutual agreement. The client and PITCH will always agree such modification or expansion in writing (by letter or email). The services provided by PITCH include representing and/or assisting the client for the acquisition of intellectual property rights, in disputes, negotiations and mediation whether or not in a legal sense and providing legal advice.
1.3. Scope. Unless otherwise expressly agreed in writing, the commitments entered into by PITCH are always obligations of means. Deviations from these general conditions will always be agreed upon in advance and in writing with reference to the provision from which the parties wish to deviate. When PITCH calls upon third parties (other IP and/or law firms, accountants, notaries, bailiffs, government agencies, financial and/or IT service providers, logistics companies, government agencies, etc.) in its provision of services, it shall notify the client in writing. Upon the client's agreement to use these third party(ies), a direct legal relationship will be established between the client and the third party service provider, unless expressly agreed otherwise in writing. PITCH cannot be held liable for errors or shortcomings in the services of agreed third party service providers.
2.1. Information and communication. The client shall make available to PITCH all information relating to the agreed service without delay in order to allow for a quality service. The client undertakes to treat all information related to the service provision with due care and to respect its confidential or secret nature. PITCH cannot be held liable for any damages if the information provided by the client was incorrect, incomplete or untimely.
2.2. Complaints and Questions. If the client has any questions or complaints regarding the agreed services, she must communicate them to PITCH without delay via email.
2.3. Identification. In the context of its services, PITCH will always proceed to identify the clients and, where applicable, the directors and beneficial owners (UBOs) in accordance with the law of September 18, 2017 on the prevention of money laundering and the financing of terrorism and on the restriction of the use of cash. The client will spontaneously provide any document allowing the identification of the above persons as well as any modification of the required data. If the client has a risk profile due to its capacity, location or business activity, the client shall, upon PITCH's request, submit additional information or documentation in order for PITCH to fulfill its obligations.
2.3. Duty to Report. In its provision of services, PITCH shall observe its professional confidentiality with the utmost care.
3.1. Applicable fees. The fees applicable to the agreed services are included in the assignment letter. If no prior written agreement on fees has been concluded, the services will in principle be invoiced on the basis of an hourly rate. The hourly rates charged vary according to the urgency, complexity and service required.
3.2. Costs. All costs advanced by PITCH in connection with the provision of services (including but not limited to official fees, roll fees, court costs, registration fees, costs incurred by third parties, travel costs and parking costs) will be charged to the client. PITCH will always include such costs and the VAT due in the appropriate section of its invoice. Upon simple request by the client, documentary evidence of costs incurred will be provided.
3.3. Commission. Where the client and PITCH agree on a commission, the client expressly acknowledges that PITCH reserves the right not to commence or to discontinue its services until full payment of the commission amount.
3.4. Payment and Payment Terms. Invoices from PITCH are payable in cash, without discount, to the bank account number listed on the invoice. If the Client fails to pay the invoice in full within a period of thirty (30) days from the invoice date, the Client shall by operation of law and without prior notice of default owe to PITCH a late payment interest in the amount of 10% per annum of the total outstanding invoice amount, with a minimum of EUR 150.00.
3.5. Discontinuity of Services. In the absence of full and/or timely payment of the invoice amount or legitimate indications thereof, PITCH is entitled to suspend all or part of its services. In such case, PITCH is also entitled to request payment guarantees and/or securities from the Client, or to demand immediate payment of all outstanding amounts. In the above cases, PITCH is always entitled to terminate the agreement by written notice. In such case, PITCH will always observe its deontological obligations.
3.6. Indexation. If the client and PITCH agree on an hourly rate or a recurring fixed rate for the provision of services, the agreed rates will be indexed automatically and without prior notice on each anniversary of the engagement letter in accordance with the consumer prices as published by STATBEL.
4.1. In carrying out the activities to be performed in connection with an assignment provided by the Client, PITCH will exercise the care of a good contractor as much as reasonably possible. It does not guarantee the achievement of the intended result. Accordingly, all agreements between PITCH and the client shall see only effort obligations of PITCH.
4.2. Insurer. PITCH is insured with the professional liability insurers RMS Risk Management Service Ltd, D-90482 Nürnberg, Am Doktorsfeld 33, Germany (see www.iprisk.management). PITCH's liability is limited to the amount paid out by these professional liability insurances plus the amount of the deductible.
4.3. Scope. The client expressly accepts that PITCH's liability, in the absence of the intervention of the professional liability insurer, is in any case limited to the agreed compensation for the service directly causing the damage. The liability of PITCH is in any case limited to 125,000 euros. Any other form of damage, including but not limited to loss of profit, loss of turnover, opportunities, clients, suppliers, indirect damage, damage incurred by third parties is expressly excluded.
4.4. Claims. The client will notify PITCH by registered letter of any claims, at the latest one year following the damaging event.
4.5. Indemnification towards third parties. The client expressly acknowledges that she is the sole holder of any rights arising from the assignment letter. The client undertakes to indemnify PITCH against all claims by third parties relating to the service.
PITCH shall immediately inform the client of any potential or existing conflict of interest as soon as it becomes aware of it. The client and PITCH undertake to make the necessary arrangements to avoid or remedy such conflict of interest. Conflicts of interest are always limited to the agreed services.
6.2. Consent and use of data. The client expressly consents to this processing of personal data. The following personal data are processed in the context of the agreed service provision: first name, name, address, telephone number(s), professional position(s), gender, date of birth, bank account number, e-mail address(es), etc. The above data are used by PITCH to facilitate the agreed services, manage your client file, optimize administration and conduct market research. The client gives permission to process her data for direct marketing in the form of newsletters, client alerts and so on. PITCH uses this data to manage your file(s), for client administration, to improve service content, to manage the website and to conduct market research. The client may withdraw such consent at any time, in full or for one or more of the above purposes. The withdrawal of consent is done via email. The withdrawal of consent does not affect the lawfulness of prior processing of personal data, nor the provision of information to public authorities based on legal or judicial obligations.
6.3. Retention of personal data. PITCH retains all personal data in its databases in accordance with data protection rules and this until such time as they are deleted, in accordance with the legal retention period applicable to PITCH.
6.4. Access to data and objections. The client has the right to request at any time access and/or copies of personal data, to update, correct or delete them. If the client wishes to exercise the above rights, she will send an e-mail. PITCH reserves the right to request a copy of the identity card for security reasons. In case of questions or complaints regarding the processing of personal data, the client can always contact us by email.
7.1. General. In providing the services, PITCH uses its own computer applications, or applications of third parties. These applications and services may be made available to the client "as is" and "as available". Consequently, PITCH cannot be held liable if these applications or services are unavailable, contain errors, cannot be adapted to the Client's needs or if the client imposes restrictions on the use of such services.
7.2. Disclosure. If the services expressly include the use of certain applications or information technology-related services, this shall be expressly stated in the engagement letter, as well as the conditions under which these applications or services are made available to the client.
PITCH's patent attorneys are subject to the deontological supervision of the Belgian Institute of Patent Attorneys and the Institute of Professional Representatives before the European Patent Office (www.patentepi.org). Complaints regarding the processing of personal data can be filed with the Belgian Data Protection Authority (https://www.gegevensbeschermingsautoriteit.be).
9.1. Applicable law and forum. Only Belgian law, with the exception of the provisions of international private law, applies to all legal relations between PITCH and the client. In case of dispute, the Dutch text and its interpretation will prevail over any translations. Only the courts of the Antwerp judicial district, Turnhout division are competent to handle disputes concerning the establishment, execution and termination of the agreement(s) between PITCH and the client.
9.2. Deontology. All patent attorneys forming part of PITCH are members of the Belgian Institute of Patent Attorneys and the Institute of Professional Representatives before the European Patent Office and are subject to the applicable deontological rules.
9.3. Prior Alternative Mediation. The client and PITCH undertake to make prior efforts to settle any disputes amicably, whether or not through the intervention of an agreed mediator.
The possible invalidity of one or more provisions, does not affect the validity and enforceability of the other conditions. The invalid or unenforceable provisions shall always be interpreted and explained or, where appropriate, replaced by valid and enforceable provisions which correspond in content, scope and intent to the initial provisions.