Terms and conditions
1. Definitions
1.1. “Agreement”: the agreement or engagement letter entered into between Nuans and the Client regarding the Services, including any amendment or supplement thereto, as well as all legal acts and preparatory or implementing acts relating to the Services, including these General Terms and Conditions and any annexes forming an integral part thereof.
1.2. “Client”: the natural person or legal entity making use of the Services of Nuans.
1.3. “General Terms and Conditions”: these general terms and conditions of Nuans.
1.4. “Nuans”: Nuans Law BV, registered with the Crossroads Bank for Enterprises under number 0783.460.783, having its registered office at Dendermondesteenweg 339, 9070 Destelbergen, Belgium.
1.5. “Services”: the services offered by Nuans and/or performed on behalf of the Client as described in the Agreement, including, but not limited to, legal assistance, legal advice, mediation, negotiation, drafting of agreements and other legal documents, assistance in litigation and arbitration proceedings, as well as any related services.
2. Identification of Nuans
Nuans is a private limited liability company (besloten vennootschap / société à responsabilité limitée), having its registered office and business address at Dendermondesteenweg 339, 9070 Destelbergen, Belgium, registered with the Register of Legal Entities (Ghent Division) under enterprise number 0783.460.783 and VAT number BE 0783.460.783.
Contact details Nuans:
T. 0032 (0) 9 310 20 85
E. hello@nuans-law.be
Information regarding the professional liability insurance of Nuans Law BV is included in these General Terms and Conditions.
The lawyers affiliated with Nuans are registered either on the list of trainee lawyers (lijst van de stagiairs) or on the roll of attorneys (tableau) of the Ghent Bar Association (Balie Gent) and are members of the Bar Association thereto.
3. General provisions
3.1. The Client expressly acknowledges having taken note of and accepted these General Terms and Conditions.
3.2. These General Terms and Conditions apply exclusively and in their entirety to every quotation issued by Nuans, every engagement with Nuans, every Agreement concluded with Nuans, every performance of Services by Nuans, every invoice issued by Nuans and, more generally, every service, act or activity of Nuans, unless expressly agreed otherwise in writing.
3.3. The Services of Nuans may include, inter alia, legal advice, assistance in mediation, assistance in negotiations, assistance in legal proceedings or acting as a special representative. The Client acknowledges and accepts that the exact scope of the Services and any amendment or extension thereof may be agreed informally and may be evidenced, inter alia, by correspondence, the express or implied acceptance of Services, or the payment of invoices issued by Nuans.
3.4. The Client acknowledges and accepts that the applicability of its own general or special terms and conditions (including invoicing terms) is expressly excluded, even if reference is made thereto in contractual documentation or communications, and that these General Terms and Conditions shall always prevail over any terms and conditions of the Client.
3.5. The Client accepts and hereby authorises Nuans to use its trade name, trademark, company name and logo, as publicly available, for marketing purposes and/or as a reference, in accordance with applicable law, including for online publications on the website(s) and/or social media pages of Nuans.
3.6. Any specific terms and conditions agreed between Nuans and the Client shall, in the event of conflict, prevail over these General Terms and Conditions.
3.7. The lawyers affiliated with Nuans perform the Services in the name and on behalf of Nuans. Nuans shall be the sole contractual counterparty of the Client in relation to any Services performed by its partner lawyers, associate lawyers, trainee lawyers, representatives or employees.
3.8. The nullity, invalidity or unenforceability of one or more provisions of the Agreement shall not affect the validity, enforceability or legality of the remaining provisions. If any provision exceeds any legal limitation, such provision shall not be void but shall be deemed reduced or limited to the maximum extent permitted under applicable law. Any invalid provision shall be automatically replaced or adapted by a valid provision reflecting as closely as possible the original intention of the parties.
3.9. Nuans shall be entitled to perform the Agreement in phases and to invoice separately for each phase performed.
3.10. The possible nullity or inapplicability of one or more provisions of the Agreement shall not affect the validity of the Agreement as a whole. In the relationship with a consumer Client, any provisions contrary to Articles VI.82 to VI.84 of the Belgian Code of Economic Law shall be deemed unwritten.
3.11. These General Terms and Conditions apply without prejudice to mandatory consumer protection legislation, including the relevant provisions of the Belgian Code of Economic Law.
3.12. Insofar as these General Terms and Conditions provide for a compensation or indemnity payable by the Client acting as a consumer in the event of non-performance of its obligations, an equivalent compensation or indemnity shall apply in favour of the Client in the event of non-performance by Nuans.
3.13. Nuans reserves the right to amend these General Terms and Conditions at any time. In the event of amendments, Nuans shall notify the Client thereof. In the absence of written protest within fourteen (14) calendar days after notification, the Client shall be deemed to have accepted the amended version, which shall apply prospectively.
3.14. In the event of discrepancies between different language versions of these General Terms and Conditions, the Dutch version shall prevail and shall be the sole authentic version.
3.15. These General Terms and Conditions were last amended on 9 June 2026.
4. Quotations - formation of the Agreement
4.1. Unless agreed otherwise in writing, quotations issued by Nuans are purely informational and remain valid for a period of two (2) months. Quotations issued by Nuans shall not constitute a binding offer but merely an invitation to contract.
4.2. A binding Agreement shall only come into existence once Nuans has received an engagement letter and onboarding documentation, dated and signed (physically or electronically) or otherwise accepted by the Client, including these General Terms and Conditions, and Nuans has subsequently accepted the engagement in writing or by commencing performance thereof.
5. Identification obligations
5.1. The Belgian Act of 18 September 2017 on the prevention of money laundering and terrorist financing and on the restriction of the use of cash applies to the legal profession and aims to combat money laundering practices. Lawyers are subject to several legal obligations in this respect, including reporting obligations regarding certain transactions. More information regarding these legal obligations towards clients is included in the Nuans office handbook, which is made available at the start of the cooperation and/or during digital onboarding.
5.2. Nuans is legally obliged to verify the identity of the Client. Upon first request, the Client shall provide all requested identification information and supporting official documentation, including, where applicable, information regarding its representatives, beneficial owners or proxies.
5.3. Nuans is further required to retain information concerning identification, the nature of the Client’s activities and the purpose and nature of transactions for a period of ten (10) years.
5.4. Nuans is legally obliged to report certain transactions to the competent President of the Bar Association, who in turn transmits the information unfiltered to the Belgian Financial Intelligence Processing Unit (CTIF-CFI). Nuans and/or its lawyers shall not be liable towards the Client for any consequences resulting from reports made in good faith.
5.5. Nuans and the President of the Bar Association are prohibited from informing the Client that information has been disclosed or that an investigation is ongoing.
5.6. If the Client refuses to provide certain information in this respect, Nuans shall not be able to enter into or continue a business relationship with the Client and may terminate any ongoing intervention.
6. Services
6.1. The obligations of Nuans shall at all times constitute obligations of means (best efforts obligations) and not obligations of result. Nuans performs its Services exclusively for the benefit of the Client. No third party may derive any rights from the Services performed or the results thereof.
6.2. Further information regarding possible dispute resolution methods is included in the Nuans office handbook, which is made available to the Client at the commencement of the cooperation and/or during digital onboarding.
6.3. The Client acknowledges that non-legal services do not form part of the Services offered by Nuans and that Nuans is not responsible for such matters, including but not limited to tax, commercial, financial, accounting, technical, insurance or environmental matters. The Client alone remains responsible for determining whether documentation or advice prepared, drafted or provided by Nuans meets the Client’s commercial objectives.
6.4. The Client acknowledges that Nuans provides advice based on its interpretation of the relevant legislation, case law and practice applicable at the time the advice is rendered. Unless expressly agreed otherwise, Nuans shall not be responsible for updating or revising its advice or documentation, even where relevant legislation or practice subsequently changes and affects the conclusions, advice or findings of Nuans, including where the Client remains a client of Nuans in relation to one or more matters. Unless otherwise agreed in writing, any execution or delivery periods shall be indicative only. Exceeding any indicated time periods shall not entitle the Client to damages, price reductions or termination of the Agreement.
6.5. The Client shall at all times provide Nuans with all information and cooperation necessary for the proper performance of the Services, to facilitate such performance and/or to avoid or limit any related risks. The Client alone shall remain responsible for the accuracy and completeness of the information and data relating to the Services. Any delay or defective performance caused by incomplete, incorrect or late delivery of required information shall fall outside the responsibility of Nuans. Nuans shall in no event be liable for any direct or indirect damage suffered by the Client or third parties as a result thereof.
6.6. Unless the Client expressly objects thereto, Nuans may allocate or reallocate matters or specific aspects thereof internally among its lawyers at its own discretion.
6.7. The Client shall at all times be solely responsible for obtaining all permits, licences and authorisations required in connection with the Services. Any damages, fines, delays or consequences resulting from the suspension or discontinuation of the Services due to the foregoing shall be borne exclusively by the Client.
6.8. The Client shall supervise and monitor the Services in order to verify any defects or non-conformities, without prejudice to Article 8 below.
6.9. Any additional Services requested by the Client shall require the prior agreement of both the Client and Nuans and may be proven by any legal means, including the unchallenged performance of such Services by Nuans. Any additional Services requested by the Client shall be invoiced separately in accordance with the rates applicable at the time of the additional engagement. All additional costs resulting from additional work or Services due to incorrect, incomplete or late information supplied by the Client or third parties, or due to the Client requesting additional work or Services after approval of the engagement or quotation, shall be borne exclusively by the Client and invoiced separately on a time-spent basis in accordance with the rates applicable at that time.
6.10. Where Nuans acts for multiple Clients in the same matter, Nuans may assume that such Clients represent one another, particularly regarding the exchange of information, approval of draft documents and approval of specific actions.
6.11. If the Client communicates by email, instructions shall only be deemed received if Nuans has expressly acknowledged receipt thereof.
6.12. The Client accepts the risks associated with the use of digital means of communication such as email or digital platforms. Nuans shall furthermore not be liable in any manner whatsoever for the correctness, accuracy or completeness of formulas or algorithms used in documentation, software or other digital tools.
7. Engagement of third parties
7.1. Where the performance of the Services requires the involvement of third parties, such as (foreign) lawyers, notaries, accountants, auditors or experts, such third parties shall be selected in consultation with the Client.
7.2. Where the performance of the Services requires the involvement of a bailiff or translator, the Client authorises Nuans to select such third party at its discretion. The same applies to simple procedural tasks, such as filing court documents or appearing at introductory hearings through a local lawyer or substitute counsel.
7.3. Third parties shall be engaged in the name and on behalf of the Client, who shall be deemed to have contracted directly with such third parties. The fees, costs and expenses of such third parties shall always be borne exclusively by the Client and shall generally be payable directly by the Client to such third parties. If advanced by Nuans, such amounts shall be recharged in full to the Client.
8. Complaints - defects
8.1. Any complaint regarding the performance of the Services must, under penalty of forfeiture, be duly substantiated and notified by registered mail no later than five (5) business days after the performance of the Services or the relevant invoicing date. In the absence of such complaint, the complaint shall be deemed inadmissible and time-barred, and the Client shall be deemed to have irrevocably accepted the Services and waived any right of action against Nuans and/or its lawyers.
8.2. A complaint shall not entitle the Client to terminate the Agreement, refuse acceptance or payment of the Services, or claim compensation.
9. Fees, remuneration, invoicing and payment
9.1. Nuans shall invoice its Services, office expenses, recharged expenses and disbursements periodically (i.e. monthly or in accordance with the progress of the matter and in any event in compliance with applicable VAT legislation) by means of invoices issued to the Client. Unless otherwise agreed in writing, the hourly rates set out in the Agreement shall apply.
9.2. All rates and amounts stated are exclusive of VAT, exclusive of an 8% administration fee and exclusive of any taxes, duties or governmental charges of any kind whatsoever, including new taxes or levies introduced after the conclusion of the Agreement, all of which shall be borne exclusively by the Client. Invoices shall distinguish between (i) professional fees, (ii) administration costs and (iii) disbursements.
9.3. If Nuans provides a fee estimate in a specific currency for matters involving work in more than one jurisdiction, Nuans reserves the right to revise such estimate in the event of significant exchange rate fluctuations between the date of the estimate and the relevant invoice date.
9.4. Nuans and the Client may agree in writing on alternative fee arrangements, including for debt collection matters, uncontested matters or simpler assignments.
9.5. The current status of each lawyer affiliated with Nuans, which may evolve over time, can always be consulted on the website of Nuans. Consequently, the applicable hourly rate for a specific lawyer may change during the term of the Agreement.
9.6. Fees, fixed fees, remunerations and rates shall automatically be indexed at least once per year in accordance with the Belgian health index, the consumer price index or any other applicable price index, using the customary formulas. Unless otherwise determined, the base index shall be the index applicable during the month preceding the commencement of the Agreement and the new index shall be the index applicable during the month preceding the anniversary date of the Agreement. Such adjustments shall occur automatically and without prior notice. Under no circumstances shall indexed amounts be lower than the previously indexed amounts or the amounts applicable at the commencement of the Agreement. If the calculation basis of the applicable index is amended or abolished, the base amount shall be adjusted according to the conversion method published in the Belgian Official Gazette or any replacement system. If no such replacement system exists, the base amount shall be adjusted based on increases in the cost of living. Failure to invoice or collect indexations shall not constitute a waiver of rights by Nuans. Nuans reserves the right to claim unpaid indexations retroactively at any time.
9.7. Nuans furthermore reserves the right to adjust its base hourly rates taking into account the nature and complexity of the matter, the financial or strategic importance thereof, the experience and expertise of the responsible lawyer and the urgency of the assignment or Services.
9.8. Where a matter is concluded successfully, Nuans shall be entitled to charge a success fee.
9.9. In addition to professional fees charged on a time-spent basis, Nuans charges administration costs covering, inter alia, file opening costs, printing and copying expenses, postage, telephone charges, software licence fees and other office expenses. Such administration costs are charged as a lump sum equal to eight percent (8%) of the professional fees invoiced.
9.10. Travel expenses shall be invoiced separately.
9.11. Nuans shall be entitled, before or during the performance of the Services, to invoice advance payments or retainers to the Client before commencing or continuing the Services. An advance payment constitutes a lump sum paid by the Client prior to an interim or final detailed invoice. Such advances shall be taken into account in the final settlement.
9.12. Unless otherwise agreed in writing, all invoices issued by Nuans are payable within fifteen (15) calendar days from the invoice date.
9.13. The Client accepts, insofar as necessary, that invoices may be issued and transmitted electronically by Nuans.
9.14. Any invoice disputed by the Client must, under penalty of forfeiture, be challenged by registered mail within ten (10) calendar days following the invoice date, stating the reasons for the protest.
9.15. In the absence of full and timely payment of one or more invoices, Nuans shall automatically and without prior notice of default be entitled to: (i) default interest on the unpaid invoice amount at a contractual rate of ten percent (10%) per annum or, if higher and applicable, at the interest rate provided for in Article 5 of the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, calculated from the due date of each invoice until full payment; and (ii) a lump-sum compensation equal to ten percent (10%) of the unpaid invoice amount, with a minimum of EUR 150.00, without prejudice to Nuans’ right to recover legal costs (including procedural indemnities) where judicial recovery proceedings are initiated and without prejudice to Nuans’ right to claim higher damages upon proof of greater actual loss. Furthermore, in the event of non-payment, Nuans shall also be entitled to recover reminder and collection costs based on the applicable rates, being EUR 15.00 for a second written reminder and EUR 20.00 per reminder from the third written reminder onwards. In the event the competent court rules against the Client in recovery proceedings, all judicial and extrajudicial recovery costs shall be borne entirely by the Client, without prejudice to Nuans’ right to claim higher damages upon proof of greater actual loss.
9.16. Nuans shall be entitled to allocate payments first towards any costs, lump-sum compensations and default interest due, before applying payments to the principal amount outstanding.
9.17. In the event of non-payment on the due date of one or more invoices, all outstanding but not yet due invoices shall automatically and without prior notice become immediately due and payable. Such accelerated amounts shall likewise bear the default interest and lump-sum compensation referred to in Article 9.16 above as from the date they become due.
9.18. Where the Client consists of several persons or entities, they shall be jointly and severally liable for all payment obligations arising under the Agreement
9.19. Complaints as referred to in Article 8 of these General Terms and Conditions shall not release the Client from its obligation to pay the invoice(s) issued by Nuans.
9.20. If the Client qualifies as a consumer and Nuans fails to reimburse amounts due to the Client in a timely manner, the Client may, pursuant to Article VI.83, 17° of the Belgian Code of Economic Law, claim equivalent compensation as provided for in these General Terms and Conditions.
9.21.The place of payment shall be the registered office of Nuans.
10. Breach - duration and termination of the Agreement
10.1. The Agreement with Nuans shall remain in force as a framework agreement until terminated by either the Client or Nuans and shall apply throughout that period to every form of cooperation between the Client and Nuans.
10.2. Both the Client and Nuans shall have the right to terminate the Agreement at any time with immediate effect and without stating reasons. If the Client qualifies as a consumer within the meaning of the Belgian Code of Economic Law, Nuans may only terminate the Agreement subject to a notice period of at least two (2) weeks, without prejudice to Nuans’ right to suspend its Services in the meantime in case of default by the Client or to terminate the Agreement for serious breach. Any termination must be made in writing.
10.3. The Client shall remain liable for full payment of all Services, work performed and expenses incurred up to the effective termination date of the Agreement, irrespective of the reason for termination. Nuans shall issue a final invoice accordingly.
10.4. Nuans shall be entitled to suspend its obligations and/or Services with immediate effect and without prior notice of default, without being liable for any compensation, if the Client breaches its obligations under the Agreement, including but not limited to failure to pay one or more invoices in full on the due date, even under another agreement with Nuans, or where Nuans has justified doubts regarding the Client’s creditworthiness or solvency and it is likely that the Client will not be able to fulfil its obligations. In such event, any delivery or execution periods shall automatically be extended, and Nuans shall not be liable for any direct or indirect damage suffered by the Client or third parties as a result thereof, including the lapse of limitation periods, procedural deadlines or forfeiture periods.
10.5. If the Client fails to fulfil one or more of its contractual obligations, Nuans shall furthermore be entitled to terminate the Agreement extrajudicially and at the Client’s expense. Nuans may only invoke such extrajudicial termination after having sent the Client a notice of default by registered mail and where the Client has failed to remedy the breach within ten (10) calendar days following the postmark date of such notice. In the event of termination pursuant to this Article 10.5, Nuans shall be entitled to a lump-sum compensation equal to thirty percent (30%) of the agreed total price of the Services not yet performed, without prejudice to Nuans’ right to claim higher damages upon proof of greater actual loss. The foregoing shall not affect the Client’s obligation to pay in full for all Services already performed. Consequently, the Client shall not be entitled to reimbursement of any amounts already paid.
10.6. Nuans may consider the Agreement terminated automatically and with immediate effect upon written notification to the Client if the Client files for bankruptcy, is declared bankrupt, clearly meets the conditions for bankruptcy, applies for protection against creditors (subject to mandatory law excluding such possibility) or where the Client is dissolved or liquidated, whether judicially or extrajudicially.
11. Archiving
Upon completion or termination of each assignment or Agreement, Nuans shall archive the relevant file and retain it for a period of five (5) years. Original documents may be returned to the Client and shall thereafter be archived by the Client where appropriate. Upon expiry of the aforementioned five-year period, the file shall be destroyed. Documents or data subject to longer statutory retention periods shall be retained accordingly by Nuans.
12. Third-party funds (derdengelden)
12.1. Nuans shall transfer to the Client as soon as reasonably possible any amounts received on behalf of the Client. If Nuans is unable to transfer such amounts immediately, it shall inform the Client of the receipt of the funds and the reason why transfer cannot yet take place.
12.2. Nuans may deduct from any amounts received on behalf of the Client all amounts owed by the Client to Nuans, even if such amounts are not yet due and payable. Nuans shall notify the Client thereof in writing.
12.3. Nuans shall immediately transfer any amounts received from the Client on behalf of third parties to such third parties.
13. Liability
13.1. Except in cases of fraud, wilful misconduct or gross negligence equivalent thereto, Nuans shall under no circumstances be liable for indirect or consequential damage, including but not limited to loss of time, loss of clientele, loss of profits, loss of revenue, increase in overhead costs, disruption of business activities, third-party claims (including claims by the Client’s customers), late VAT or tax filings, reputational damage, loss of future savings, personnel costs, loss of opportunities or business prospects, loss of goodwill or any other form of economic loss.
13.2. Nuans shall likewise not be liable for damage resulting not only from defective performance of the Services but also from any fault or negligence on the part of the Client or any person for whom the Client is responsible.
13.3. Without prejudice to the foregoing, Nuans shall in no event be liable for any damage, whether direct, indirect or consequential, arising out of or relating to:
- non-compliance by the Client or third parties with applicable legislation;
- insufficient or incorrect information provided by the Client;
- modifications or amendments made by the Client or third parties to documents prepared by Nuans.
13.4. In the event of attributable non-performance in the execution of the Services, including professional negligence by lawyers affiliated with Nuans, the Client may exclusively hold Nuans liable and not its partners, directors, representatives, employees or lawyers. The Client expressly acknowledges that any damage caused by the acts or omissions of auxiliary persons engaged by Nuans may, within the limits permitted by law, only give rise to a contractual claim against Nuans and not to any extracontractual claim against such auxiliary persons, even where the facts giving rise to the damage also constitute a tort.
13.5. To the extent that Nuans relies on the cooperation or services of third parties (including lawyers not affiliated with Nuans), Nuans shall not be liable for any damage resulting from their acts or omissions, including gross negligence or wilful misconduct, even where such third parties invoice their fees and expenses to Nuans and/or qualify as subcontractors of Nuans. Nuans accepts no liability exceeding or differing from the liability that the relevant external service provider, subcontractor or third party is willing to accept in relation to its services.
13.6. The Client shall fully indemnify and hold harmless Nuans against any claims by third parties relating to the Services or otherwise arising out of or connected with the Agreement and/or these General Terms and Conditions, including principal amounts, interest and legal or attorneys’ fees.
13.7. In any event, the liability of Nuans towards the Client, whether for direct or indirect damage and including material damage, shall be limited to the amount covered under the applicable professional liability insurance policies of Nuans and its lawyers. A copy of such policies may be obtained upon request.
13.8. Nuans and its lawyers are individually insured for professional liability through the collective professional liability insurance policy for lawyers subscribed to by the Order of Flemish Bars (Orde van Vlaamse Balies), currently with MS Amlin Insurance SE and KBC Verzekeringen NV.
13.9. The Client shall not be entitled to compensation exceeding the amount effectively paid out by the insurer of Nuans in relation to the relevant claim, increased by any applicable deductible borne by Nuans under the insurance policy. To the extent no insurance coverage applies, the liability of Nuans, including its lawyers and representatives, irrespective of the seriousness of the breach, shall be limited to the fees invoiced and effectively paid to Nuans for the relevant assignment, with an absolute maximum of EUR 250,000.00. If the Client wishes Nuans and its lawyers to subscribe to additional insurance coverage, this must be agreed upon in advance between the parties. Unless otherwise agreed, the cost of such additional insurance shall be borne by and recharged to the Client.
13.10. Any right to claim damages against Nuans shall irrevocably lapse six (6) months after the alleged fault occurred. Within this period, the Client must send Nuans a written notice of default describing the alleged fault in a reasoned manner.
13.11. The Client alone shall remain fully liable towards third parties for any damage resulting from the execution of the Services insofar as Nuans has committed no demonstrable fault.
14. Force majeure
14.1. Nuans shall not be liable for any non-performance, delayed performance or improper performance of its obligations resulting from an external cause beyond its reasonable control, including force majeure. Force majeure shall mean any event rendering the performance of Nuans’ obligations reasonably impossible, excessively difficult or disproportionately expensive. Such events include, without limitation: strikes, lock-outs, war, governmental measures, requisition, occupation of territory, riots, terrorist attacks, robbery, sabotage, epidemics, pandemics, illness, mandatory governmental measures, fire, floods, earthquakes, natural disasters, labour shortages, fuel shortages, machinery breakdowns, traffic disruptions, late deliveries by suppliers or subcontractors, scarcity of materials or raw materials, price increases imposed by suppliers or subcontractors, insolvency of suppliers or subcontractors, insufficient stock, interruptions or failures in telecommunications, electricity or internet services not attributable to either party, and any other external cause affecting suppliers or subcontractors of Nuans. Such events shall be deemed unforeseeable and unavoidable for Nuans. In the event of force majeure, the Client shall not be entitled to any compensation whatsoever. Where force majeure results in interruption of the Services, execution periods shall automatically be suspended for the duration of the interruption plus the time reasonably required to resume the Services.
14.2. If, after conclusion of the Agreement, abnormal and reasonably unforeseeable circumstances arise beyond the control of either party and neither party has assumed the financial risk thereof, which significantly burden or complicate the performance of Nuans’ obligations and seriously disturb the contractual balance, Nuans and the Client shall negotiate in good faith to amend the Agreement in writing in order to restore such balance. Failing agreement within fourteen (14) days following the written request for renegotiation, Nuans shall be entitled to suspend its obligations immediately and without prior notice, without owing compensation to the Client, and/or to terminate the Agreement subject to one (1) month’s notice without compensation. This Article 14.2 shall not apply to situations qualifying as force majeure under Article 14.1 above.
15. Processing of personal data - security
15.1. Nuans acts as controller for the processing of personal data relating to the Client (including its representatives, employees or appointees) or other data subjects in the context of the Agreement. Nuans shall implement appropriate technical and organisational measures to ensure that personal data are processed in accordance with applicable data protection legislation, including Regulation (EU) 2016/679 of 27 April 2016 (“GDPR”).
15.2. The processing of personal data by Nuans is governed by its privacy policy, available on its website. The privacy policy is also made available to the Client at the commencement of the cooperation and/or during digital onboarding.
15.3. Nuans shall furthermore implement appropriate technical and organisational security measures to protect the (personal) data and information relating to the Client.
16. Intellectual property rights
16.1. All intellectual property rights (in the broadest sense, including but not limited to copyrights, software rights, database rights, design rights, trademark rights, patent rights, trade names, know-how, trade secrets and domain names, including the right to apply for such rights) relating to creations developed by Nuans, its lawyers, employees, staff or service providers in the context of the performance of the Agreement or the Services, shall remain the exclusive property of Nuans or its licensors.
16.2. Nothing in the Agreement shall be construed as a full or partial transfer of such intellectual property rights to the Client.
16.3. The Client shall not be permitted to alter, remove or obscure any indication of Nuans’ intellectual property rights. Nor shall the Client use or register any trademark, sign, design or domain name of Nuans, or any confusingly similar sign, anywhere in the world.
17. Applicable law and competent courts
17.1. The Agreement shall be exclusively governed by and construed in accordance with Belgian law, excluding the application of Belgian private international law rules.
17.2. Any dispute arising between Nuans and the Client regarding the conclusion, interpretation, performance, suspension or termination of the Agreement shall fall within the exclusive jurisdiction of the courts of Ghent, Ghent Division(s), Belgium. The foregoing shall not apply where the Client qualifies as a consumer within the meaning of the Belgian Code of Economic Law, in which case only the competent courts of the Client’s place of residence shall have jurisdiction.
Questions? Feel free to contact us: hello@nuans-law.be.
