GENERAL TERMS AND CONDITIONS OF SERVICE OF FIDUCIAIRE MONTGOMERY SRL, hereinafter “FMG”
1. General provisions
These general terms and conditions are deemed to be fully and unreservedly accepted by any contracting party. Unless expressly agreed otherwise, all our services are subject to these general terms, which supersede any contrary provisions.
The Client’s general terms are not enforceable against FMG.
2. Duration, suspension and termination of the agreement
If the agreement is terminated before execution, the Client owes a lump-sum of €1,000.
Except for special tasks such as studies or occasional services, each engagement is concluded for an indefinite period.
Either party may terminate the agreement with three months’ notice, starting on the first day of the quarter following notification by registered mail.
Failure to respect this rule results in compensation equal to one quarter’s fees based on the average of the previous 12 months, with a minimum of €250.
Occasional assignments are deemed to be for a fixed term and cannot be terminated early except by paying the full agreed fees.
FMG may terminate the agreement at any time without notice or compensation when circumstances make further cooperation impossible, such as:
- circumstances endangering professional independence
- clear breaches by the Client (missing documents, incorrect data, …)
- judicial reorganisation, bankruptcy or dissolution
- instructions from authorities
- force majeure
FMG may claim damages for losses suffered.
If the Client becomes bankrupt, the agreement is automatically terminated.
In case of non-performance or late performance by the Client (including non-payment), FMG may suspend execution until the Client complies.
If urgent legal acts must be performed during suspension, FMG will inform the Client. All related costs are borne by the Client.
If the Client does not regularise the situation within one month, FMG may terminate the agreement at the Client’s fault.
Documents held by FMG are returned at the end of the engagement. If not collected within a month, they will be sent by registered mail at the Client’s risk. Cost: €100 excl. VAT.
The Client expressly accepts that FMG will not store any documents.
3. Liability
FMG is not liable for inaccuracies resulting from incorrect or missing information supplied by the Client or third parties.
Documents prepared by FMG (annual accounts, tax returns, etc.) are based on the Client’s data. FMG does not verify these and is not liable for related errors. No certification is provided unless expressly agreed in the engagement letter.
FMG is bound only by a best-efforts obligation.
The Client guarantees the accuracy, completeness and relevance of the information provided.
FMG is not liable for damage due to late filing or incomplete/incorrect documents if the Client fails to comply with the above obligations.
FMG will inform the Client if circumstances prevent timely performance. If normal measures were taken, FMG is not liable for delays or failures.
Liability is limited to the amount covered by FMG’s professional insurance.
The Client may not invoke tort liability against FMG or its assistants, except as required by law.
If the insurer does not compensate, liability is limited to 1.5 times the fee for the relevant assignment.
For recurring assignments, this is based on the fees invoiced in the 12 months preceding the event.
4. Fees
Fees are calculated based on time spent or a fixed fee, depending on required expertise.
If circumstances change requiring additional work, FMG may adjust its fees, including fixed fees.
Invoices are payable immediately without discount. No formal notice is required.
Unpaid invoices are increased by 15% administrative damages, with a minimum of €375.
In case of insolvency, the agreement is automatically terminated. Insolvency includes: bankruptcy, judicial reorganisation, unpaid invoices older than 3 months, or failure to respond to a registered reminder.
Claims regarding invoices must be made by registered letter within 15 days of issue, otherwise they are deemed accepted.
All unpaid sums incur interest from the due date under the law of 02.08.2002 on late payments.
Advance payments are invoiced monthly or quarterly for work performed in that period.
Contractual compensation applies under art. 14 of the law of 15.12.2004.
Issuing any credit or corrective document without FMG’s agreement is strictly prohibited.
5. Fees upon termination
In case of termination under article 2, FMG will provide the complete file with a draft tax balance sheet.
Specific transfer work is billed on a time-spent basis.
Fees for the notice period are prepaid. Final settlement is based on hourly rates.
6. Non-solicitation
During the agreement and for 12 months thereafter, neither party may hire or engage staff or subcontractors of the other involved in the assignment without prior written consent. Violation incurs a lump-sum of €50,000, without prejudice to higher claims.
7. Intellectual property
FMG retains all copyright and intellectual property rights on anything developed before or during the assignment, including methodologies, software, know-how, reports, documents, work files and electronic files.
Violation incurs a lump-sum of €5,000, without prejudice to higher claims.
8. Anti-money-laundering and anti-corruption
Under national and EU AML rules, FMG must obtain certain information. The Client must provide it and notify changes. Failure to provide the required information may prevent FMG from performing or continuing services.
Both parties must comply with all applicable anti-corruption and criminal laws.
9. Personal data
Commitments regarding personal data processing are available at: http://www.fmg.be/gdpr.php
10. Jurisdiction
In case of dispute, after required ITAA procedures, only the French-speaking courts of the Brussels judicial district have jurisdiction. In case of conflict between language versions, the French version prevails.
