1.1. The Parties acknowledge that certain Services may require compliance with certain obligatory deadlines imposed by law or by third parties. Consequently, the Client undertakes to provide to SILUMKO in good time all the information and instructions necessary to enable correct performance of the Services. More particularly, the Client undertakes to respond promptly to all communications from SILUMKO and to provide to SILUMKO all the information requested by SILUMKO or any other useful information prior to the deadline indicated in the said communications.
1.2. The Client undertakes to notify SILUMKO immediately of any change regarding the information supplied to SILUMKO .
1.3. The Client shall be solely liable for any damage that may result from wrong, incomplete or belated information. Any lack of complete and adequate response from the Client, where applicable prior to the deadline indicated by SILUMKO , SILUMKO may suspend the performance of its Services in full or in part and/or may not be held liable for any damage the Client may suffer as a direct or indirect result of such suspension.
1.4. SILUMKO shall submit to the Client any document that it regards as requiring a signature. The Client shall return to SILUMKO all the documents required, signed as requested by SILUMKO, prior to the deadline indicated by SILUMKO . SILUMKO cannot be held liable for any damage the Client may suffer as a direct or indirect result of failure to meet the deadline indicated by SILUMKO.
1.5. All communication by SILUMKO shall be sent to the Client’s latest address (firstname.lastname@example.org ) as indicated by the Client or one of its representatives. The Client must immediately inform SILUMKO of any change of address and/or status. SILUMKO cannot be held liable for any loss of rights or any damage suffered by the Client if it has not been duly informed of the changes that have occurred.
Term during which the Services shall be provided
2.1. SILUMKO shall provide the Services agreed with the Client in the context of a Contract. However, the Client may at any time put an end to SILUMKO' intervention by serving it written notice to this effect. Such cancellation is at the Client’s risk and entails the immediate payment of fees for any Services commenced. SILUMKO has the same option of cancellation, in compliance with the professional obligations defined by applicable law.
2.2. In the event of default or delay of payment by the Client of fees, expenses, charges or dues invoiced by SILUMKO, or if the Client fails to meet any of his obligations under the terms of the Contract, SILUMKO may cancel the Contract eight days after having served notice of default by registered letter or courier without having received a response, without prejudice to SILUMKO' right to claim damages and/or to suspend the performance of its Services.
Expenses, charges and fees
3.1. SILUMKO shall provide, indicatively, an estimate of the expenses, charges, dues and fees that the Client will incur when requesting the Services. This estimate shall be communicated subject to the express reservation of variations that may occur such as, for instance, changes in official charges or dues, changes of the fees charged by professional colleagues services (e.g. processing of documents made by administrations or of oppositions by third parties) and when the case at hand is more complex than initially envisaged.
3.2. Save if the Parties have agreed a lump sum in writing, the Services provided by SILUMKO shall be invoiced on the basis of hourly billing rates which SILUMKO has communicated to the Client when it transmitted its Proposal or when SILUMKO accepted the Representation or, if no such rates have been transmitted, on the basis of SILUMKO' standard hourly billing rates which the Client may ask SILUMKO to supply. The hourly billing rates vary according to the complexity and of the case at hand. In addition, SILUMKO’ standard hourly billing rates may be adjusted accordingly. The services provided by third parties engaged by SILUMKO agents, external service providers, etc.) are not included in SILUMKO' fees. If the external service provider invoices the Client directly, SILUMKO shall confine itself to forwarding the invoice to the Client and the latter shall directly pay the service provider. If the charges and dues are not directly invoiced to the Client by the third party concerned, the amount of such charges and dues shall be specified in the invoice SILUMKO sends to the Client.
3.3 Any sum not paid on the due date shall, ipso jure and without prior notice, entail interest for delay of payment and recovery charges pursuant to the legislation in force.
3.4. Any contestation of SILUMKO' invoices is admissible only if it has been notified by registered letter received no later than 14 days after the date of such contested invoice.
Liability and guarantee
4.1. SILUMKO shall make every effort to ensure the due, timely and proper performance of the Services. However, the obligations assumed by SILUMKO are best efforts obligations.
In any case, no action, whatever its nature, grounds or procedure, can be instituted by the Client more than six months from the day on which the Client has or should have had knowledge of SILUMKO' failure to meet one of its obligations.
4.2. SILUMKO cannot be held liable for any damage caused by or due to the intervention of third parties, and in particular any damage caused by the products or services of third parties, if it was not SILUMKO who decided to have recourse to these third parties. If it is SILUMKO who decided to have recourse to third parties, SILUMKO' liability for any damage caused to the Client by the intervention of these third parties is limited.