These general conditions apply if businesses seek Monard Law CVBA, whose registered office is in 1150 Sint-Pieters-Woluwe (Belgium), Tervurenlaan 270, enterprise number 0538.839.651 (Legal Entities Register of Brussels) (hereafter “Monard Law”), for legal advice (hereafter “Service”) through the extra services offered by the KBC , KBC Brussels or CBC Mobile or KBC Touch application.[1]
Our Service is accessible only to businesses with a valid Belgian enterprise number (hereafter “User”).
The Service concerns matters relating to business and enterprise only. If Monard Law concludes that all or part of the request for advice concerns another domain for which Monard Law cannot assign a specialized lawyer, then Monard Law will notify the User about this as soon as possible. In such scenario, the request for legal advice will be refused, and all sums of money that have already been paid for the Service will be refunded to the User.
II. USE OF OUR SERVICe
To be able to use our Service, the User must log in to “Additional Services” via the KBC , KBC Brussels or CBC Mobile or Touch application, and then select “Monard Law” (hereafter the “App”). If the User has multiple KBC business bank accounts in its name, then the User must select from which account the charge for the Service should be debited. The User must accept these general conditions before it can proceed further.
At the time of registering for the Service request, the User must pay a fixed sum for the Service (hereafter the “Price” – see section IV for more information about this).
After the registration, the User must write its question and describe its matter as clear as possible via the App (hereafter “Question”). At this time, the User is given the possibility to upload additional documents. Based on the information provided by the User, Monard Law will match the User with a lawyer who has the required expertise about the specific subject matter (hereafter “Lawyer”).
If the User provides wrong, incomplete, or outdated information, then Monard Law cannot guarantee that the Question will be directed to the most appropriate counsel, and Monard Law can reject the Question. The Question will also be rejected if Monard Law is not be able to provide the Service. For example: if there is a conflict of interest or if the Question concerns KBC Bank NV, KBC Verzekeringen NV, or a company affiliated with the KBC group. If Monard Law must refuse its Service, then all sums of money that have already been paid for the Service will be refunded to the User. Monard Law is not liable for any damage that could arise from such refusal.
Monard Law will do its best to hold a video meeting with the User within two working days after the Question has been submitted (hereafter the “Consultation”). If, however, it is impossible to organize a Consultation within two working days for reasons that are attributable to Monard Law, then the User will be notified of this. In such scenario, the User has the right to withdraw its request, after which all sums of money that have already been paid for the Service will be refunded to the User.
III. WHat CAN THE USER EXPECT?
In exchange for payment of the Price, the User is entitled to a Consultation during which Monard law will give its first legal advice on the Question for a maximum of one hour. This entails an oral explanation of the analysis made about the Question, whereby, if possible and necessary, practical tools are offered to the User.
After the Consultation, the User is at liberty to contact Monard Law, but this falls completely outside the scope of the Service and the App.
IV. PRICE AND PAYMENT
The Service is rendered in return for payment of a fixed Price of EUR 195.00, increased by VAT (the VAT rate applicable at this time is 21%).
The User must pay this sum via the App immediately at the time of registering for the Service. The Price is debited automatically from the User’s KBC bank account.
An invoice will be generated automatically via the App. If the User does not agree with the invoice, then it must dispute this in writing and with reasoning within eight days after the invoice is available and presented in the App for payment.
V. THE USER’S ObLIGATIONS
The User undertakes to:
provide the Lawyer with only correct, complete, and reliable information via the App;
not upload any documents onto the App that contain viruses or other harmful components or that infringe the rights of others (including copyright or other intellectual property rights);
not share any information with Monard Law that is racist, hateful, threatening, discriminating, derogatory, or pornographic in nature or that violates any applicable laws;
cooperate with Monard Law as necessary so that Monard Law can perform the Service;
use the Service for legitimate purposes only and not for the purpose of harming Monard Law or KBC.
VI. LIABILITY
Monard Law will do its best to fulfill its obligations regarding the Service.
Monard Law is not liable for third-party errors or shortcomings (including, but not limited to: technical errors in the App or KBC, KBC Brussels or CBC Mobile or Touch application, older versions of the App, interruptions to the App, the App’s security elements, etc.).
The User accepts that compensation for any harm or loss that he or she would suffer as a result of any professional error or mistakes is limited to the Price that the User has paid for the Service, unless the harm or loss is caused by bad faith, intentional or gross error.
Any claims concerning the Service can be brought against Monard Law only. If the law permits that the User can hold Lawyers liable, then all the provisions in these general conditions apply to this situation as well.
VII. CONFIDENTIALITY
Monard Law undertakes to treat the Service with the required level of confidentiality and adhere to professional secrecy (according to what is set out in the law under the Civil Code and in the deontological rules of the Bar Council.
The User agrees that professional rules—subject to compliance with professional secrecy—permit Monard Law to answer questions from other users whose business activities can compete with those of the User.
VIII. END OF THE SERVICe
Monard Law is allowed to cancel the Service without reason. It must do this in writing and no later than 12 hours before the Consultation. If such scenario, the sums of money that have already been paid will be refunded to the User. Monard Law is not liable for any harm or loss that would arise from the cancellation of the Service.
IX. PROCeSSING OF PERSONAL DATA
Monard Law intends to process the personal data of the User in a lawful, correct, and transparent way. The User can find more information about this in Monard Law’s privacy statement. In this document, the User can also read about his or her rights and how he or she can exercise them.
X. anti-MONEY LAUNDERING LEGISLATION
Monard Law must comply with the applicable anti-money laundering legislation. Monard Law will never render any cooperation in any structures whose objective, subject matter, or consequence is money laundering.
Monard Law is obligated to check the User’s identity. Furthermore, it must notify suspicious transactions to the President of the Bar Council, who will then forward the information to the Financial Intelligence Processing Unit (abbreviated in Dutch as CFI (Cel voor Financiële Informatieverwerking) and in French as CTFI (Cellule de Traitement des Informations Financières)). Monard Law as well as its Lawyers are prohibited from informing the User that any information was communicated and/or that an investigation is ongoing.
XI. OTHER PROvISIONS
If one or more clauses of these general conditions are void, invalid, or unenforceable, this does not affect the validity and enforceability of the other clauses of these general conditions. Parties undertake to consult each other to replace the void, invalid, or unenforceable clause with a clause whose purpose is as close as possible to that of the original clause.
Only Belgian law governs this agreement.
Only the courts and appellate courts of Antwerp, Antwerp Division, have jurisdiction over all the disputes under this agreement and collaborations. Before any judicial proceedings are initiated, Monard Law will always try to seek an amicable solution to the dispute that has arisen with the User. This is also described in the applicable rules of the Bar Council.