General terms and conditions
1.1 “General Terms and Conditions“: current general terms and conditions of Nuans.
1.2 “Client” means the natural or legal person using Nuans’ Services.
1.3. “Services” means the services offered and/or performed by Nuans on behalf of the Client as defined in the Agreement, including, but not limited to, services relating to legal assistance, advice, mediation, negotiation, drafting of contracts and other legal documents, assistance in proceedings and arbitration as well as other related services.
1.4. “Nuans“: BV Nuans Law, BCE 0783.460.783, with registered office at Dendermondesteenweg 339, 9070 Destelbergen.
1.5. “Agreement“: the agreement or order confirmation entered into between Nuans and the Client in relation to the Services, any amendment or addition thereto, as well as all (legal) acts in preparation or in execution of the agreement in relation to the Service(s), including the present General Terms and Conditions and the other annexes to the Agreement which form an integral part thereof.
2. Identification Nuans
2.1 Nuans is a civil company with the legal form of a private limited company, with registered office and place of business at Dendermondesteenweg 339, 9070 Destelbergen, registered in the register of legal entities in Ghent, Ghent division, with enterprise number 0783.460.783 and with VAT number BE 0783.460.783.
Contact details Nuans:
- 0032 (0) 9 310 20 85
Information regarding BV Nuans Law’s professional liability insurance can be found in the General Terms and Conditions below.
3. General provisions
3.1 The Client expressly confirms to have taken note of and accept these General Terms and Conditions.
3.2 These Terms and Conditions apply in their entirety and exclusively to any quotation or order from, any Agreement with, any performance of Services by, any invoice from, and, in general, any Service, operation or activity of Nuans, unless otherwise agreed in writing .
3.3 Nuans’ Services may include, inter alia, consultancy, assistance in mediation, assistance in negotiation, assistance in proceedings or acting as (special) agent. The Customer acknowledges and accepts that the exact subject matter of the Services and any adaptation/extension thereof may be determined in a form-free manner and may appear, inter alia, from correspondence, from the (even tacit) acceptance of performance or payment of invoices from Nuans.
3.4 The Client acknowledges and accepts that the application of its own general or special (invoice) terms and conditions, if any, is expressly excluded and that the General Terms and Conditions always take precedence over any terms and conditions of the Client.
3.5 The text of these Terms and Conditions can also be accessed under the ‘Terms and Conditions’ section on Nuans’ website.
3.6 Any special terms and conditions agreed between Nuans and the Client shall, in case of conflict, always take precedence over these General Terms and Conditions.
3.7 The lawyers associated with Nuans provide the Services in the name and on behalf of Nuans. Nuans is the sole contracting party of the Client for any Service performed by its lawyer-affiliates, lawyer-collaborators, lawyer-trainees, appointees or staff.
3.8 The nullity, invalidity or unenforceability of one or more provisions of the Agreement shall in no way entail the nullity, invalidity and/or unenforceability of the remaining provisions of the Agreement. In case any of the provisions exceeds any legal limitation, the relevant provision or the part thereof shall not be null and void, but the parties shall be deemed to have agreed that such provision or the conflicting part thereof shall be reduced or limited to the maximum allowed under the applicable law and any provision or the part thereof that exceeds such limits shall be amended or replaced by operation of law with a valid clause that is as close as possible to the intention of the parties.
3.9 Nuans is entitled to execute the Agreement in several phases and invoice the part thus executed separately to the Client.
3.10 The possible nullity or inapplicability of one or more provisions of the Agreement shall in no case lead to the nullity of the whole of it. In the relationship with the Client-consumer, the clauses of the Contract that are contrary to articles VI.82 to V.84 of the Economic Law Code are considered unwritten.
3.11 These General Terms and Conditions always apply without prejudice to the mandatory legal provisions protecting consumers (including the relevant provisions in the Economic Law Code).
3.12 Insofar as these General Terms and Conditions lay down an amount as (compensation for) damages that the Client would be liable to pay to Nuans as a consumer if the Client fails to fulfil its obligations under the Agreement, equivalent (compensation for) damages shall be provided for the Client at the expense of Nuans in the event that the latter would be in default vis-à-vis the Client.
3.13 Nuans has the right to amend these General Terms and Conditions at any time. In case of an amendment, Nuans will notify the amended version to the Client. In the absence of written protest within fourteen (14) calendar days after notification of the amended text, the Client shall be deemed to have agreed to the amended text and such amended text shall bind the Client for the future.
3.14 In case of conflict between the different language versions of these General Terms and Conditions, the Dutch version shall prevail, which is the only authentic one.
4. Offers - formation of the Agreement
4.1 Unless otherwise agreed in writing, Nuans’ quotations are purely informative and valid for two (2) months. Nuans’ quotations do not constitute an offer on the part of Nuans, but only a proposal to contract.
4.2 A binding Agreement only comes into being at the moment Nuans receives an order confirmation and intake documents with General Terms and Conditions, dated and signed by the Client, and Nuans subsequently accepts the order in writing or by its execution or upon signing the Agreement.
5. Duty to identify
5.1 The Act of 18 September 2017 on the Prevention of Money Laundering and Financing of Terrorism and Limitation of the Use of Contacts (S. 6 October 2017) applies to the legal profession and aims to curb various money laundering practices. Lawyers must fulfil a number of obligations (including reporting certain transactions) under the preventive component.
5.2 Nuans is legally obliged to verify the identity of the Client. Upon first request, the Client will provide all requested identity details on the basis of official documents, including, if applicable, the details of his representatives, beneficiaries or
5.3 Nuans is further required to keep the information on identification, characteristics of client activities and purpose and nature of transactions for ten (10) years.
5.4 Nuans is under an obligation to report certain transactions to the appropriate executive, who then passes the information unfiltered to the Financial Information Processing Unit. Nuans and/or its lawyers are not liable to the Client for the consequences of any reporting made in good faith.
5.5 Nuans and the Chief of Staff are prohibited from informing the Client that information has been disclosed or that an investigation is underway.
5.6 If the Client refuses to provide certain information in this regard, Nuans will not be able to enter into a business relationship with the Client or, if Nuans has already provisionally intervened, will have to terminate its intervention.
6.1 Nuans will make all necessary efforts to perform the Services in accordance with the provisions of the Agreement, without this in any way being considered a result commitment on Nuans’ part. Unless the nature of the assignment or Service concerned shows without any possible doubt that it concerns a result obligation or this has been agreed explicitly and in writing, the obligations of Nuans are always obligations of means.
6.2 Unless otherwise agreed in writing, execution times are purely indicative. Exceeding the indicated execution terms by Nuans will not give rise to compensation or price reduction, nor to a termination of the Agreement.
6.3 The Customer shall always provide Nuans with all information and the necessary cooperation to (properly) perform the Services, facilitate the performance thereof and/or avoid or mitigate any risks in this regard. Thus, only the Client shall be responsible for correct information and data regarding the Services to be provided. Any delay or defective performance of the Services caused by a failure, deficiency or delay in the delivery of necessary information (or by the delivery of incorrect or incomplete information) is beyond the responsibility of Nuans. If applicable, Nuans shall in no way be liable for any (direct or indirect) damage suffered by the Client or third parties as a result thereof.
6.4 Unless the Client expressly objects, Nuans may, at its discretion, divide or redistribute files or certain aspects thereof internally among its lawyers.
6.5 The Client shall always and solely be responsible for all permits and authorisations required for the Services. Any damages, penalties or delays and, in general, the consequences of discontinuation of the Services as a result of the foregoing shall be borne entirely and exclusively by the Client.
6.6 The Client is obliged to follow up on the Services in order to check any defects or non-conformity (without prejudice to article 7 below).
6.7 Any additional Services requested by the Client as well as the determination of the remuneration therefor shall require the prior agreement of both the Client and Nuans and may be proved by all legal means, for example by Nuans’ unprotested performance of the relevant Services. Any additional Services requested by the Client will be additionally invoiced in accordance with the rates applicable at the time of the additional order. All (additional) costs resulting from additional work or Services as a result of incorrect or incomplete information on the part of the Client or third parties or the non-delivery, inadequate or delayed delivery of necessary information, as well as all (additional) costs resulting from additional work or Services requested by the Client after approval of the assignment or quotation, are entirely at the expense of the Client and will be invoiced additionally by Nuans or charged at an hourly rate in accordance with the rates applicable at that time.
6.8 If Nuans would represent the interests of several Clients in a file, it may assume that these Clients represent each other, in particular with regard to the exchange of information, giving approval to drafts and giving approval for certain actions.
6.9 If the Client corresponds by e-mail, an instruction shall only be deemed received if Nuans sends an express acknowledgement of receipt to the Client.
7. Reliance on third parties
7.1 If the performance of the Services requires the use of third parties, such as (foreign) lawyers, notaries, accountants, auditors or experts, they will be chosen in mutual consultation with the Client.
7.2 If the performance of the Services requires the use of a bailiff or translator, the Client shall leave the choice thereof to Nuans. The same applies to the performance of simple tasks such as filing a procedural deed, appearing at a (preliminary) hearing, etc., by a local lawyer or substitute.
7.3 Third parties are engaged in the name and for the account of the Client who is deemed to have contracted directly with these third parties. The fees and costs/fees of these third parties shall always be borne in full by the Client and will generally have to be paid directly by the Client to these third parties. Should they be advanced by Nuans, they will be charged in full to the Client.
8. Complaints - defects
8.1 Any complaint about the performance of the Services must, under penalty of lapse, be duly motivated and made by registered letter at the latest within five (5) working days after performance or invoicing. In the absence of such a complaint, the complaint shall not be accepted and shall be considered null and void and inadmissible and the Client shall be deemed to have definitively accepted the Services and to have waived any (claim) right at the expense of Nuans and/or its lawyers.
8.2 A complaint does not give the Client the right to rescind the Agreement, nor the right to refuse acceptance or payment for the Services, nor the right to claim damages.
9. Rates, remuneration, billing and payment
9.1 Nuans will charge its Services, office costs, recharged costs and advanced costs periodically (i.e. monthly or as the work in a file progresses and all in accordance with VAT legislation) to the Client by means of an invoice. Unless otherwise agreed in writing, the rates shall be determined in the Agreement.
9.2 All rates and amounts stated are always exclusive of VAT, exclusive of 8% administrative costs and exclusive of any other government levies of any kind, including any new taxes, duties or levies that may be introduced after the conclusion of the Agreement, which shall always be borne in full by the Client. The invoice amount due shall be divided into (i) fees (honoraria), (ii) administration costs and (iii) advanced costs.
9.3 Nuans and the Client may agree in writing other formulas for calculating fees and administration costs, e.g. for debt collection cases, uncontested cases and simpler cases.
9.4 The current status of each lawyer of Nuans, which may evolve over time, can always be consulted by the Client on Nuans’ website. This means that the hourly rate charged for a particular lawyer may evolve during the term of the Agreement.
9.5 The fees, lump sums, allowances and rates shall be automatically indexed at least once a year to the health index or the consumer price index or any other applicable price index using the usual formulas, where, as a rule, the base index shall be the index of the month prior to the date of entry into force of the Agreement and the new index shall be the index of the month prior to the anniversary of the entry into force of the Agreement. The fees, lump sums, allowances and rates will be automatically adjusted to the index without prior notice. Regardless of the circumstances, the amounts after indexation may never be lower than the previously indexed amounts and/or the amount applicable on the commencement date of the Agreement. If the calculation basis of the health index or consumer price index or any other applicable price index would be adjusted or would no longer exist, the basic amount will be adjusted according to the conversion rate as described in the Belgian Official Gazette or according to any other system that would replace the health index or consumer price index or any other applicable price index. Should such a system no longer exist, the basic amount will be adjusted on the basis of the increase in the cost of living. However, the adjusted amounts will never be lower than the indexed amounts. Finally, the non-payment of indexations cannot be considered as a waiver of rights on the part of Nuans and/or its lawyers. The latter reserves the right to claim, at any time, the adjustments resulting from the indexation retroactively if they have not been paid by the Client, regardless of the anniversary or periodicity.
9.6 Nuans is further entitled to adjust its basic hourly rates according to the nature and complexity of the case, the stakes of the case, the experience and expertise of the lawyer handling the case and the urgency of the assignment or Service.
9.7 In case the case is settled with a favourable outcome, Nuans has the right to charge a success fee.
9.8 In addition to the charging of fees on an hourly rate basis, Nuans charges under the item administration costs the costs of opening the file, dactylography costs, printing and copying costs, mailing costs, telephone costs and other miscellaneous office costs. Office expenses are charged at a flat rate of eight (8) per cent of the fees charged.
9.9 Travel costs will be charged separately.
9.10 Nuans is entitled to invoice commissions or advances to the Client prior to the commencement of or during the course of the performance of the Services (to be agreed) before any Services are performed. An advance is a lump sum amount paid by the Client to Nuans prior to a detailed interim invoice or final invoice. The settlement will take into account the advances already charged.
9.11 Unless otherwise agreed in writing, all invoices from Nuans must be paid by the Client within fifteen (15) calendar days of the invoice date.
9.12 The Client accepts, to the extent necessary, to receive or may receive electronic invoices from Nuans.
9.13 An invoice protested by the Customer must be notified to Nuans by registered letter within ten (10) calendar days under penalty of cancellation, with the reason(s) for protest.
9.14 In the absence of full and timely payment of one or more invoices, Nuans is legally and without prior notice (i) entitled to the payment of default interests at a conventional interest rate of 10% per year on the unpaid invoice amount or, if applicable and if it would be higher, at the interest rate provided in article 5 of the Law of 2 August 2002 on combating late payment in commercial transactions from the due date of each invoice until the date of full payment, and (ii) the right to the payment of a fixed compensation of 10% of the unpaid invoice amount with a minimum of EUR 150,-, and this without prejudice to Nuans’ right to compensation of legal costs (including litigation costs) in the event a judicial collection procedure needs to be conducted and in each case without prejudice to Nuans’ right to claim a higher compensation upon proof of higher damage actually suffered. Furthermore, in the absence of full and timely payment of one or more invoices, Nuans is entitled to payment by the Client of the reminder costs and reminder costs incurred by Nuans on the basis of the applicable rates, being EUR 15,- for a second written reminder and EUR 20,- per reminder as from the third written reminder. Finally, when recovering unpaid invoices, if the Client is ruled against by the competent court, all (extrajudicial and judicial) collection costs shall be borne in full by the Client. The foregoing always applies without prejudice to Nuans’ right to claim higher compensation subject to proof of higher damage actually suffered.
9.15 Nuans is entitled to allocate payments first to any costs, conventional liquidated damages(s) and default interest due, before allocating them to the outstanding principal sum.
9.16 In the event of non-payment on the due date of one or more invoices, all outstanding but not yet due invoices shall become payable by operation of law and without notice of default. The invoices thus falling due shall also give entitlement to the interest on arrears and liquidated damages referred to in article 6.8 above as from the date they fall due.
9.17 If the Customer consists of several persons (natural or legal persons), they are jointly and severally liable for the payments to which the Agreement with Nuans obliges them.
9.18 Eventual complaints as referred to in 5 of these General Terms and Conditions do not release the Client from his obligation to pay Nuans’ invoice(s).
9.19 If the Client is a consumer and Nuans fails to (re)pay certain sums to the Client in a timely manner, the Client may, in application of article VI.83, 17° Economic Law Code, claim the same compensation(s) as those stipulated in article 12 above.
9.20 The place of payment is at the seat of Nuans.
10. Defaults - duration and termination of the Agreement
10.1 The Agreement with Nuans shall remain in force, as a framework agreement, until terminated by the Client or Nuans and shall, during that period, apply to any collaboration between the Client and Nuans.
10.2 Both the Client and Nuans are entitled to terminate the Agreement at any time with immediate effect and without justification. In case the Client is a consumer within the meaning of the Code of Economic Law, Nuans can only terminate the Agreement subject to a notice period of at least two weeks (without prejudice to Nuans’ right to suspend its activities in the meantime, should the Client be in default, or to have the Agreement terminated for serious non-performance). Notice of termination must be given in writing.
10.3 The Client is obliged to pay in full all Services, work and costs up to the date of termination of the Agreement. Nuans will prepare and deliver a final invoice to the Client.
10.4 Nuans has the right to suspend its commitments and/or Services with immediate effect and without prior notice of default, without being liable to pay any compensation, in the event the Customer defaults on its obligations under the Agreement, including but not limited to the lack of full payment on the due date of one or more invoices even in the context of another agreement with Nuans than the one to which the default relates or when Nuans has justified doubts about the creditworthiness and solvency of the Client and it would be plausible that the Client will not (be able to) fulfil his obligations under the Agreement. In such a case (of suspension), the delivery or performance period shall be extended and Nuans shall not be liable in any way whatsoever for any (direct or indirect) damage that the Client or third parties would suffer as a result (e.g. due to the expiry of expiry periods, limitation periods, conclusion periods in legal proceedings or other periods).
10.5 If the Client fails to fulfil one or more of his contractual obligations, Nuans is furthermore entitled to terminate the Agreement with the Client without prior judicial intervention at the charge of the Client. Nuans may only terminate the Agreement with the Client out of court in accordance with the present article 5 if Nuans has given notice of default to the Client by registered letter and the Client has failed to fulfil his contractual obligations within a period of ten (10) calendar days after the postmark of the aforementioned notice of default. In the event of dissolution of the Agreement by Nuans at the expense of the Customer in accordance with the present article 9.5, Nuans shall, where applicable, be entitled to claim (additional) compensation at the expense of the Customer, fixed at 30% of the agreed total price of the (not yet performed) Services, the foregoing always without prejudice to the right of Nuans to claim higher compensation provided that Nuans can prove higher damage actually suffered. The above is without prejudice to the Customer’s obligation to pay in full for all Services performed. Thus, the Customer shall also not be entitled to reimbursement of payments already made.
10.6 Nuans may consider the Agreement terminated by operation of law and with immediate effect subject to written notice to the Client if the Client files for bankruptcy, is allegedly declared bankrupt, the conditions of bankruptcy are apparently fulfilled, protection against its creditors is sought (as regards the latter subject to the exclusion of this possibility by the relevant legislation) or it is decided to dissolve and liquidate the Client (judicially or extrajudicially).
Nuans archives the file after completion of each assignment and then keeps it for a period of five years. Original documents can be returned to the Client and must be archived by him if necessary. After the aforementioned period of five years, the file is permanently destroyed.
12. Third-party funds
12.1 Nuans shall forward all amounts received on behalf of the Client to the Client as soon as reasonably possible. If Nuans cannot immediately forward an amount, it shall notify the Client of the receipt of the amount and the reason why the amount is not forwarded.
12.2 Nuans may withhold from the amounts it receives on behalf of the Client sums to cover the amounts owed to it by the Client (even if they are not yet due and payable). It shall notify the Client of this in writing.
12.3 Nuans shall immediately transfer all amounts received from the Client on behalf of third parties to such third parties.
13.1 Except in cases of fraud, wilful or equivalent gross negligence, Nuans shall not be liable in any way for indirect or consequential damages, for example but not limited to loss of time, loss of clientele, loss of profits, loss of revenue, increase in overheads, the disruption of a trade claims of third parties (for example but not limited to clients of the Client), late VAT or tax returns, reputational damage, loss of future savings, staff costs, loss of opportunities or business opportunities, loss of goodwill or any other form of economic loss.
13.2 Nor shall Nuans be liable for damages due not only to a defective performance of Services, but also due to an error or negligence of the Client or of a person for whom the Client is responsible.
13.3 Without prejudice to the other provisions of the present article as well as article 7 above, Nuans cannot under any circumstances be liable for any damage of any kind, whether direct or indirect and/or consequential, which would be due to or related to:
- non-compliance with applicable laws by the Client or third parties;
- insufficient or incorrect input or information from the Client;
- adjustments, changes made by the Client or third parties to documents or documents prepared by Nuans.
13.4 In case of an attributable failure in the performance of Nuans’ Services, including professional errors of Nuans’ lawyers, the Client may hold Nuans exclusively liable, but not the partners, mandataries, appointees and/or lawyers of Nuans.
13.5 To the extent Nuans relies on the assistance or services of third parties (including lawyers who are not affiliated to Nuans) in the performance of the Agreement, it cannot be held liable for any damage resulting from their fault, including their gross or intentional fault, even if such third parties would charge their remuneration/fees and expenses to Nuans and/or such third parties would be considered subcontractors of Nuans. Nuans does not accept any liability above or beyond the liability that the (external) service provider, subcontractor or third party in question is willing to accept with regard to their services.
13.6 The Client shall indemnify Nuans in full in principal, interest and (court or lawyer’s) costs for any recourse by third parties in connection with the Services or in any way arising from or related to the Agreement and/or these General Terms and Conditions.
13.7 Nuans and its lawyers are individually insured for their professional liability by means of. a collective “civil professional liability of lawyers” policy endorsed by the Order of Flemish Bars – first rank, currently with Amlin Insurance se (lead insurer – 70% share), Zurich Insurance plc, Belgium Branch (co-insurer – 25% share) and KBC Insurance NV (co-insurer – 5% share) (broker: Vanbreda Risk & Benefits NV, Plantin en Moretuslei 297, 2140 Borgerhout (Antwerp)).
13.8 In any event, Nuans’ liability to the Client, both for direct and indirect damages, even in the event of material damage, is limited to the amount for which Nuans is insured with its insurer(s) under the relevant professional liability insurance policy or policies taken out by Nuans. The Client may thus not claim compensation (in principal, interest and costs) greater than the amount actually paid out by Nuans’ insurer for the claim, plus the eventual exemption retained by the insurer under the insurance policy. The professional liability of Nuans, including its lawyers and appointees, for any damage resulting from a failure attributable to it for which it would not have insurance cover, is limited, regardless of the gravity of the failure, to the amount of EUR 25,000.00 per claim. The aforementioned limitations of liability do not apply in the event of intentional misconduct by Nuans and/or its lawyers. The Client considers the insurance described in the present article 12.8 sufficient. However, if the Client wishes Nuans and its lawyers to take out additional insurance, Nuans and the Client must conclude an agreement to this effect in advance. Unless otherwise agreed, the premium for this additional insurance will be borne by the Client and charged to the Client.
13.9 The right to compensation towards Nuans shall irrevocably lapse six (6) months after the alleged fault occurred. The Customer must send a written notice of default within the aforementioned period to Nuans with a motivated description of the alleged fault.
13.10 Only the Client is fully liable to third parties for damages resulting from the performance of the Services to the extent that Nuans has not committed any demonstrable fault.
14. Force majeure
14.1 Nuans is not liable for the non-performance, untimely performance or improper performance of (any of) its obligations resulting from an extraneous cause, such as accident or force majeure, which cannot be attributed to it. Force majeure includes the event that makes performance of Nuans’ obligation reasonably impossible, particularly difficult or particularly expensive. Without being limitative, the following events are deemed to constitute an extraneous cause for Nuans: strike, lock-out, war, governmental obligation, requisition, occupation of territory, riot, attack, robbery, sabotage, epidemic, pandemic, illness, compulsory governmental measures (e.g. as a result of epidemics, pandemics or diseases), fire, flood, earthquake, natural disaster, labour shortage, fuel shortage, breakdown of machinery, traffic disruption, late delivery by Nuans’ supplier, service provider or subcontractor, scarcity of materials or raw materials, price increases by Nuans’ supplier, service provider, main contractor or subcontractor insolvency of its supplier, service provider, main contractor or subcontractor, insufficient stock at its supplier, main contractor or subcontractor, breakdown of or failures in telecommunication, electricity and/or internet connections not attributable to any of the parties and any other extraneous cause of Nuans’ supplier, service provider, main contractor or subcontractor. The aforementioned events are deemed to be unforeseeable and unavoidable for Nuans. In case of force majeure, the Customer has no right to compensation on any account whatsoever at the expense of Nuans. If a force majeure event results in an interruption of the performance of the Services, the performance period will be suspended by operation of law for the duration of the interruption, plus the time required to restart the performance of the Services, without Nuans being liable to pay any compensation to the Customer.
14.2 If, after the conclusion of and/or during the Agreement, abnormal and reasonably unforeseen circumstances occur, which cannot be attributed to (the fault of) Nuans or the Client, for which neither Nuans nor the Client has assumed the financial risk, and which significantly aggravate or complicate Nuans’ fulfilment of the commitment(s), causing a serious disturbance of the contractual balance, Nuans and the Client shall jointly negotiate and, if necessary, adjust the Agreement by mutual written agreement in order to restore the contractual balance. In the absence of an agreement within fourteen (14) days from the written request to adjust the Agreement, Nuans shall be entitled to suspend its obligations with immediate effect and without prior notice, without being liable to pay any damages to the Client, as well as the right, without payment of any (damage) compensation, to terminate the Agreement on one (1) month’s notice. Current clause 13.2 does not apply to the cases of force majeure as stipulated in clause 13.1 above.
15. Processing of personal data
15.1 Nuans is responsible for the processing of personal data of the (representatives, appointees or staff of the) Client or other data subjects in the context of the Agreement. Nuans shall take all appropriate technical and organisational measures so that the processing of personal data would comply with the applicable data protection legislation, including the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 (hereinafter “GDPR“).
16. Intellectual property rights
16.1 All intellectual property rights (in the broadest sense, including but not limited to copyrights, software protection, database protection, design and model rights, trademark rights, patent rights, trade names, know-how, trade secrets and domain names, including the (right to) apply for the granting of such rights) to or connected with creations developed by (lawyers, employees, staff or service providers of) Nuans in the context of the execution of the Agreement or the performance of the Services, shall always belong to the exclusive property of Nuans or its licensors.
16.2 No provision in the Agreement shall be construed as transferring all or part of these intellectual property rights to the Client.
16.3 The Customer is not allowed to change, remove or make unrecognisable any indication of Nuans’ intellectual property rights. Nor is the Customer permitted to use or register any trademark, sign, design or domain name of Nuans or any similar sign in any country, anywhere in the world.
17. Applicable law and competent courts
17.1 The Agreement is governed exclusively by Belgian law, excluding the application of Belgian private international law.
17.2 Any dispute that may arise between Nuans and the Client regarding the conclusion, interpretation, performance, suspension or termination of the Agreement shall be subject to the exclusive jurisdiction of the courts of Ghent, Ghent Division(s). The foregoing is an exception if the Client is a consumer within the meaning of the Economic Law Code, in which case only the competent courts of the Client’s domicile have jurisdiction.