GENERAL TERMS AND CONDITIONS OF USE

09/30/2019

ARTICLE 1. FOREWORD

1.1. LEGAL NOTICE

Online Solution Attorney Website is the property of Online Solution, a private limited company registered in the Brussels Trade and Companies Register under number BE 653.770.793, with intra-EU VAT number 653.770.793 and whose registered office is located at Avenue Michel Ange 86,1000 Brussels (Belgium).

The website is currently accessible at :

• www.onlinesolutionattorney.be
• www.onlinesolutionattorney.lu
• www.onlinesolutionattorney.fr
• www.onlinesolutionattorney.es

The company is also the publisher of the OSA website and the entity responsible for processing of personal data.

The service provider in charge of hosting the website is OVH, S.A.S., a company registeres in France with the VAT number : FR 22 424 761 419 and whose registered office is located at 2 rue Kellermann - 59100 Roubaix – France and email address is hosting@ml.ovh.net.

If you have any questions, you can send us an email at info@onlinesolutionattorney.be or a mail at Avenue Michel Ange 86,1000 Brussels (Belgium).

1.2. The purpose of these General Terms and Conditions of Use (hereinafter referred to as the “GTCU”) is to govern the use of the OSA Website, currently accessible at

• www.onlinesolutionattorney.be
• www.onlinesolutionattorney.lu
• www.onlinesolutionattorney.fr
• www.onlinesolutionattorney.es

Any use of the OSA website shall entail full and entire acceptance of the GTCU by any person who accesses it, directly or via an authorised agent. Accordingly, any person who uses the Website and/or who commissions, for his own account or for the account of a third party, a Consultation with an Attorney and/or who is the addressee of a consultation commissioned for his account by a person vested with apparent powers to represent him, shall acknowledge that he has read these GTCU in extenso. Any person who does not accept these Terms and Conditions must refrain from any direct or indirect use of the OSA website.

1.3. The Benefits and Consultations presented on the OSA website are proposed exclusively to the Users and Clients as defined in Article 2 of these GTCU, who have their habitual residence or registered office in a Member State of the European Union. A User or Client who does not have his habitual residence or registered office in a Member State of the European Union may not claim any damages from the use of the OSA website.

1.4. The applicable GTCU are those in force on the date of use by the Users of the OSA website. OSA reserves the right to amend these GTCU at all times. Such amendments shall enter into force upon being published on the website. Consequently, the User is requested to consult these General Terms and Conditions of Use prior to any use of the Website. By accessing the Website, a User is deemed to have accepted such amendments without reservation or restrictions.

1.5. These GTCU are currently available in French, Dutch, and English on www.onlinesolutionattorney.be and in French and English on www.onlinesolutionattorney.lu. and www.onlinesolutionattorney.fr, and Spanish and English on www.onlinesolutionattorney.es. In the event of discrepancy as to the interpretation of the French, Dutch, and English versions, the French text will prevail.

ARTICLE 2. DEFINITIONS

For the purposes of these GTCU, the terms are defined as follows:

“OSA Directory”: Directory of all the Legal Profiles of Attorneys listed on OnlineSolutionAttorney.be.

“Attorney”: Any attorney-at-law or solicitor, who is a natural person, and is registered with at least one Belgian or Luxembourg or French or Spanish bar and listed in the OSA website.

“GTCU”: General Terms and Conditions of Use applicable to Users and Clients.

“Client”: Addressee of a commissioned Consultation, i.e. a user of the OSA website who has commissioned at least one Consultation with an Attorney for his own account, or any legal entity, whom a User is duly authorised to represent  and to commission a consultation for.

“Consumer”: Any person with the capacity of a consumer within the meaning of European Law, namely any natural person who acts for a purpose not related to his commercial, professional or artisanal activities.

“Consultations”: Services provided by Attorneys. They are of two types, e.g. Consultation by e-mail or Consultation by Skype or phone or in office.

“OSA” or “the Company”: Online Solution Attorney

“Professional”: Any person who is not a consumer within the meaning of the European Law.

“Legal Profile”: Personal publication space used by Attorneys to present their contact details, area of specialisation, rates and type(s) of Consultations offered. The information published by Attorneys on their Legal Profile is public and accessible to all Internet Users.

“User Profile” or “User Account”: Personal profile that must be created by a User who wishes to commission a Consultation, containing the User’s personal information and contact details and a record of Services commissioned.

“OSA website” or “Website” or « Site »: The Online Solution Attorney platforms (hereinafter referred as to "Online Solution Attorney Website", "OSA Website" or "the Site"), currently accessible at www.onlinesolution.attorney.be, wwww.onlinesolutionattorney.lu, www.onlinesolution.attorney.fr, and www.onlinesolution.attorney.es.

“User”: Any natural person who visits the Website and/or uses the benefits proposed by the Website, who may or may not be subject to prior registration. A natural person must be over eighteen and enjoy his full legal capacities.

“Registered User”: User who has created a User Profile on the Website.

ARTICLE 3. GENERAL PRESENTATION

3.1. OSA has developed hosting platforms and online communication tools to facilitate connecting Users and Clients as defined in Article 2 of these GTCU with the Attorneys listed on the OSA website, i.e. only attorneys registered with one or more Belgian or Luxembourg or French or Spanish bars (hereinafter referred to as the “Attorneys”).

To that end, OSA offers Users:

• A directory of Attorneys registered on the Website (the Website is consequently not exhaustive, because it does not list all Belgian, Luxembourg, French and Spanish attorneys), with various types of information on those Attorneys (area of specialisation, rates, deadlines, availability, seniority, etc.);

• A Skype or phone or in office appointment with Attorneys: the User fixes himself a half-hour appointment in the agenda of the Attorney he has chosen; and

• Request for consultation by e-mail: The user receives a reply (by e-mail) of at least one A5 page (half an A4 page), accompanied with the relevant legal references, from the Attorney he has selected.

3.2. Thanks to cooperation by and between Attorneys, the OSA website places the following benefits at the disposal of Users and Clients:

1) CONSULTATION OF THE OSA DIRECTORY.  Search modules made available by OSA enable the User to compare the services, rates and deadlines/availability of Attorneys. All essential information concerning those Attorneys, particularly their full details (including their e-mail addresses and Skype identifiers), the bar(s) in which they are registered and information relating to their VAT registration , as well as their insurance, is likewise made available.

2) PROPOSAL OF A GENERALLY LOWER RATE THAN THAT OF A CONSULTATION IN AN ATTORNEY’S OFFICE.  All Attorneys have agreed to provide practical and efficient services. To do so, they will review all information and document provided by the User and check all relevant legal provisions. The OSA platform, and in particular its digitisation, dematerialisation and automated information processing features, enables the Attorney to reduce effectively the costs and time needed to give his advice on a basis of the User’s file and therefore to charge a generally lower rate than for a consultation in his office.

3) PROPOSAL OF A RESPONSE TIME BY THE SELECTED ATTORNEY.  The Attorney who provides legal services online via the OSA platform indicates a deadline for the performance of his Consultation. This deadline is an obligation of means for the Attorney and a characteristic of the service for the Client. The Attorney undertakes to reimburse fully the total price paid for the Consultation in the event that the stipulated deadline is not met, except in the case of force majeure, or if the overrun is attributable to the Client or the User who commissioned the Consultation on behalf of the latter.  If the information provided by the User is not complete, and appropriate service cannot be rendered to the Client as a result, the Attorney will contact the latter or the User who commissioned the Consultation on the Client’s behalf as promptly as possible, free of charge. In the case of essential information for Consultation online, the lawyer may, with the prior consent of the Client or the User who commissioned the Consultation on behalf of the latter, request an extension of the deadline or postpone the Skype /phone/in office appointment.

4) PROPOSAL OF EFFICIENT PROCESSING AND PERSONALISED ACTION BY SELECTED ATTORNEY.  The speed of communication and automated processing of information sources enable the Attorney to provide services that are not only efficacious but also personalised.  The user completes carefully, in advance, the forms and questionnaires provided online, and appends any document as he deems useful to his case.  All information that is useful or necessary will be placed at the Attorney’s disposal once the User has confirmed the commission. If the Attorney were to consider that he is not sufficiently informed, he undertakes to contact the Client or the User who commissioned the Consultation on the latter’s behalf, as promptly as possible so as to ask additional questions that are necessary for the provision of appropriate service to meet the Client’s needs.

5) PROPOSAL OF A BUDGET FULLY UNDER CONTROL, TRANSPARENT AND WITHOUT SURPRISES BY THE SELECTED ATTORNEY. The Attorney who provides Consultations through the OSA website undertakes that said Consultations will concern matters in which he intervenes regularly so that he can provide a single flat rate for his fees. In the event that the Consultation commissioned online were to prove particularly complex and out of proportion with the announced flat rate, the Attorney undertakes to proceed to the full reimbursement of the price paid (fees, taxes and charges) for the commissioned Consultation as promptly as possible.

6) CONFIDENTIALITY AT ALL LEVELS.  Pursuant to the ethical requirements of the legal profession, professional secrecy covers the commissioned Consultation, the correspondence exchanged by and between the Client or User who commissioned the Consultation on the latter’s behalf and the selected Attorney, and the name of the Client or the User who commissioned the Consultation for the latter’s account, irrespective of the medium, except if provided otherwise by the relevant legislation. To enable the User and the Client to access the benefits of OSA and the Consultation of an Attorney, the information collected is intended solely for OSA and that Attorney, to the exclusion of other Attorneys. All precautions have been taken in our databases to archive the collected information in a secure environment. OSA does not keep the User’s or Client’s banking details in any event. The information linked to the request for a Consultation and the bank card number of the User who carried out the order or the Client is likewise protected.

7) FULL REIMBURSEMENT WITHIN 14 DAYS.  Pursuant and subject to the exceptions set out in Article 8 of these GTCU, the Consumer has fourteen days to withdraw from the service contract which binds him to the Attorney and to obtain full reimbursement for the total price paid (fees, taxes and charges), without having to justify his decision. The starting point of the deadline is the day of receipt of the transactiion confirmation email.

3.3. The Attorney undertakes to place at the disposal of the Client or the User who commissioned the Consultation on the latter’s behalf, all the aforementioned benefits and, in any event, to proceed, as promptly as possible, to the full reimbursement of the price paid for the commissioning of a Consultation (fees, taxes and charges) in the event that the ethics of his bar(s) and professional experience do not authorise or allow him to assume the Consultation commissioned by the User.

No additional payment may be asked of the Client or User who commissioned the Consultation on behalf of the latter if the reply to the Consultation requires a longer and/or more complex analysis than that initially foreseen by the Attorney.

If the Attorney fails to comply with the rates and/or contractual deadlines, the Client or User who commissioned the Consultation on behalf of the latter must inform OSA without fail by sending a message to that effect to: info@onlinesolutionattorney.be and inform the Attorney by registered letter, a copy of which he must keep. If the Attorney still fails to comply, the Client or User who commissioned the Consultation on behalf of the latter will then be asked to refer the problem to the President of the Bar Association to which the Attorney belongs; the Consultation contract being concluded directly by and between the Attorney and the Client.

ARTICLE 4. USER PROFILE

4.1 CREATION OF A USER PROFILE

The User may browse freely on the Website without registering. Registration is nonetheless required to commission a Consultation with an Attorney.

A User who creates a User Profile declares that he is over 18 and enjoys all his legal capacities.

To register, a User must enter his surname, forename, address, postal code, town of residence, and e-mail (disposable e-mails such as yopmail.com are prohibited), append a copy of his identity card, and create a password.

A Registered User can then change his particulars, password, and access and monitor the orders via his User space.

The Registered User undertakes to provide accurate personal details, in particular his identity and particulars, and not to create a false identity or usurp that of a third party. Otherwise, the Company may remove the User Profile automatically and without notice, temporarily or definitively, and hold the User liable for any prejudice that ensues.

The User is required to update his personal details if they should change. Otherwise, he shall assume full responsibility with regard to the Attorneys, Users and the Company, for any consequences that ensue from any inaccuracy, omission or negligence in that respect.

4.2 DEACTIVATION AND REMOVAL OF A USER PROFILE

As a security or precautionary measure, the Company may deactivate temporarily or remove definitively a User profile automatically and without notice, in the event particularly of a presumed failure by the User to meet one of his obligations arising out of these General Terms and Conditions, or laws and regulations, and in particular in the following cases:

• Presumed use of a fraudulent or erroneous identity to create a User Profile,

• Use of a fraudulent means of payment, default of payment,

• Misappropriation or attempted misappropriation of tools, Services, the trademark, logos or any other distinctive sign or element on which the Company holds a right of ownership or use.

ARTICLE 5. ACCESS TO THE LEGAL CONSULTATIONS OFFERED ON THE OSA WEBSITE

The creation of a User Profile is an indispensable prerequisite to the request for Services, and entails the full acceptance, without reservations, of the following operating procedures:

5.1.CONSULTATION BY EMAIL

By opting for Consultation by email, and in order to obtain a reliable, argued Consultation accompanied by legal references, the User must follow the following steps: Select Consultation by email,  select the subject, select the Attorney whose flat rate and deadlines the User accepts, complete the form and attach any document in PDF format, Pay via the link to the secure interface of payments online. Once payment is made, the User will receive an email confirming the transaction. The Attorney will reply to the User’s question within the deadline accepted by the User, which will start to run as of receipt of the order confirmation email.

The equipment (computer, software, means of telecommunication, etc.) for the operation of the Website and access of Consultations online are at the exclusive expense of the User.

The user can avail himself of the references of the transactions received in the confirmation email to contact again the Attorney who gave the Consultation, if there are any email or other problems.

If the information provided by the User is complete, a reply will be sent by email to the User within the deadline accepted by the latter, which will start to run as of receipt of the transaction confirmation email.

If the information provided by the User is not complete, and appropriate service cannot be rendered to the User as a result, the Attorney shall contact the latter as promptly as possible, free of charge. In the case of essential information for the online Consultation, the Attorney may, with the User’s prior consent, request an extension of the deadline, at no additional expense.  If an agreement cannot be reached, the Attorney undertakes to reimburse fully the total price that the User has paid for the commissioned Consultation.

The Client must reply to requests for details and/or information sent by the Attorney.  Otherwise, he shall lose all rights to contest the Consultation subsequently.

5.2.CONSULTATION BY SKYPE OR PHONE OR IN OFFICE

By opting for Consultation by  or phone, and in order to obtain a reliable, argued reply accompanied by legal references, the Client must follow the following steps: Select Consultation by Skype or phone or in office, select the subject, select the Attorney and accept the rate proposed, accept the general terms and conditions, complete the form and attach any document in PDF format, select the date and time of the appointment on the OSA Website, and pay via the link to the secure online payment interface.  Once the payment is made, a transaction confirmation email will be sent to the User. The Attorney will contact the User by Skype or phone or in office at the indicated date and time.

The equipment (computer, software, means of telecommunication, etc.) for the operation of the Website and access of Consultations online are at the exclusive expense of the User.

As the consultation service by Skype or phone or in office may entail other questions from the User, such questions will be accepted provided that the initial subject of the question remains the same.

If the Attorney’s equipment does not allow online access at the time of the appointment, the Attorney shall telephone the User at the telephone number indicated in the form completed by the latter beforehand and will propose, under his own responsibility, either to conduct the Consultation over the telephone, or to fix a new appointment by Skype or phone or in office, at no additional expense. If a new Skype /phone/in office appointment is fixed, the Attorney will send a confirmation email to the user. If no agreement can be reached for a Consultation over the telephone or a new appointment by Skype / phone / in office, the Attorney shall reimburse fully the total price that the User has paid for the commissioned Consultation.

If the information provided by the User is not complete, and appropriate service cannot be rendered to the Client as a result, the Attorney will contact the latter by email before the appointment made on the OSA website. In the case of essential information for Consultation online, the Attorney may, with the prior consent of the User, request a new appointment by Skype / phone / in office, at no additional expense. If no agreement can be reached, the Attorney shall reimburse fully the total price that the User has paid for the commissioned Consultation.

The Client must reply to requests for details and/or information sent by the Attorney.  Otherwise, he shall lose all rights to contest the Service subsequently.

5.7. VAT REIMBURSEMENT. As a precaution, the User has to pay VAT in the country in which the lawyer is identified for VAT at the time of the order. The Attorneys undertake to reimburse prepaid VAT if the Consultation is subject to the reverse charge mechanism or if not subject to VAT.

If, at the time of the order, the User is of the opinion that no VAT is not due in the country of the Attorney because the client is located in another member state of the European Union and the consultation is subject to the reverse charge mechanism, or because the client is located outside the European Union and no VAT is due, or for any other particular reason, the User must, at the time of the order, indicate the location of the client, its intercommunity VAT number if any, and/or the reason why the prepaid VAT is not due.

The attorneys will check on their own initiative if they are authorized to reimburse prepaid Belgian VAT”.

ARTICLE 6. GENERAL FUNCTIONING OF THE OSA WEBSITE

6.1. The Company shall place its tools at the disposal of the User and the Client temporarily, free of charge, for the sole purpose of the Consultations.

Such provision shall be on an individual basis and shall confer no other right whatsoever to said tools for the User and the client. Any change of use, copying, piracy, or other violation of the Company’s rights to said tools shall be punishable by the immediate removal of the User’s Profile without notice, with the Company reserving the right to take such action as useful or necessary to safeguard and defend its interests.

The Website provides no guarantee on said tools, particularly in terms of performance or efficiency.

6.2. The equipment (computer, software, means of  telecommunication, etc.) used to the online access to Consultations is at the exclusive expense of the User and the Client.

To avail themselves of the Benefits of the OSA, the User and the Client must have the equipment, software and settings required for the proper functioning of said Benefits: most recent version of the Internet browser, activation of Java script functions, reception of cookies and acceptance of pop-ups.

The use of the Benefits on a Mac requires the exclusive use of the Mozilla Firefox browser. The OSA guarantees optimal functioning only with SAFARI or OPERA.

For full use of the Benefits offered on the OSA website, the User and the Client must have up-to-date Adobe flash software (downloadable from www.adobe.com). Connection to our OSA website may not be possible, depending on the User’s or Client’s network configuration. OSA does not guarantee that the Benefits can be used if the User or the Client uses a pop-up killer; if that is the case, this function must be deactivated before using the Benefits.

These configurations are indispensable for the optimal use of the tools available on the Website. It is up to the User and the Client to ensure that their installations comply with these technical configurations.

6.3. The User and the Client must have the skills, hardware and software required to use the Internet or, where necessary, Internet services, and recognise that owing to the characteristics and constraints of the Internet, the security, availability and integrity of data transmissions cannot be guaranteed.

The OSA does not guarantee that the Benefits will be useable if the User’s or Client’s Internet Service Provider fails in providing its own service. Similarly, if applications for smartphones subscribed by the User or the Client directly from the application provider are used, the latter is supposed to have a smartphone and satisfactory connection.

Under such conditions, OSA cannot be held liable in the case of failed operability, non-accessibility or poor conditions of use of the OSA website attributable to inappropriate equipment, internal malfunctions of the User’s or Client’s Internet Service Provider, congestion on the Internet, or any and all other reasons beyond OSA’s control  characteristic of a case of force majeure.

6.4. The use of the Benefits may be temporarily interrupted for maintenance, updates or technical improvements, or to upgrade the content and/or presentation. Insofar as possible, the OSA shall inform the User and the Client prior to a maintenance or update operation.

ARTICLE 7. PRICING CONDITIONS AND TERMS OF PAYMENT FOR CONSULTATIONS OF ATTORNEYS AND OSA SERVICES

7.1. FLAT-RATE PRICE FOR CONSULTATION INCLUSIVE OF EXPENSES PLUS OSA SERVICES

An Attorney indicates on his Legal Profile, the Consultations he carries out and the rate for each. The flat rate (price) to be paid by the User for a Consultation includes the Attorney’s remuneration and expenses in exchange for the Consultation, including the OSA technical and administrative charges. The flat rate paid by the User will be collected by OSA for the Client’s account.

The Website shall provide a secure online payment platform. To ensure full payment for the Consultation provided by the Attorney, the Website asks the Client to pay the Price (flat rate) when the Consultation is commissioned.  The User / Client gives OSA mandate to pay the Attorney he has selected to provide him a Consultation the Attorney’s fees.

The amount payable to OSA for the provision of its website and tools shall be charged only to the User.

7.2.AMOUNT OF THE FLAT RATE.

The amount of the flat rate varies mainly according to the area of competence relating to the question asked by the User. In any event, the User shall have to accept the flat rate (including fees, taxes and charges) and the deadline or time of appointment proposed beforehand by the Attorney designated for the commissioned Consultation.

7.3.VAT APPLICABLE TO THE CONSULTATION.

The terms and conditions of price shall mention the price exclusive of tax as well as the total price, inclusive of tax, for the Consultation.

7.4.PAYMENT OF THE FLAT RATE BY THE USER.

The flat rate shall be paid by the User prior to the Consultation with the Attorney. The Payment shall be made via Ingenico Payment Services. The User must ensure the feasibility of – and shall be solely responsible for -the payment.

7.5. RECAPITULATION OF THE CONSULTATION.

Prior to the provision of the Consultation, OSA shall provide the Client or the User who commissioned the consultation on behalf of the latter, a recapitulation of said Consultation, including the flat rate and the deadline or the appointment time accepted by the User for said Consultation, as well as the particulars of the Attorney in charge of providing the Consultation.

7.6. INVOICE. 

At the end of each Service, the Attorney shall be required to issue an invoice to the Client or User, who commissioned the Consultations on behalf of the latter, in compliance with the legal requirements.

7.7.VAT REIMBURSEMENT.

As a precaution, the User has to pay VAT in the country in which the lawyer is identified for VAT at the time of the order. The Attorneys undertake to reimburse prepaid VAT if the Consultation is subject to the reverse charge mechanism or if not subject to VAT.

If, at the time of the order, the User is of the opinion that no VAT is not due in the country of the Attorney because the client is located in another member state of the European Union and the consultation is subject to the reverse charge mechanism, or because the client is located outside the European Union and no VAT is due, or for any other particular reason, the User must, at the time of the order, indicate the location of the client, its intercommunity VAT number if any, and/or the reason why the prepaid VAT is not due.

ARTICLE 8. RIGHT OF WITHDRAWAL AND FULL REIMBURSEMENT OF THE FLAT RATE FOR THE CONSULTATION INCLUDING OSA SERVICES PROVIDED BY ATTORNEYS

8.1. CASE WHERE THE ADDRESSEE OF THE CONSULTATION IS A CONSUMER WITHIN THE MEANING OF ARTICLE 2 OF THESE GTCU.

8.1.1. Subject to the next paragraph, the Client shall have 14 days maximum to withdraw from the service contract which binds him with the Attorney and to obtain the full reimbursement of the total price he has paid (fees, taxes and charges), without having to justify his decision, nor any additional expenses.   The starting point of the deadline is the day of receipt of the confirmation e-mail for the Consultation commissioned by the Client.  If the User wishes to be reimbursed for the amount he paid for the Consultation commissioned on the OSA website from OSA acting for the account of the Attorney, he must make an express request by using the form made available on his user account, or by sending an email to info@onlinesolutionattorney.be. Under no circumstances can OSA be held liable for reimbursement for which no direct request was made to it.

8.1.2. Pursuant to the provisions of the Economic Law Code, as the Consultations entrusted to Attorneys have to be carried out within 14 days maximum as of the day of receipt of the confirmation e-mail for the Consultation commissioned by the Client and the Client has expressly waived the right of withdrawal upon confirmation of the commissioning of the Consultation, the Client shall have no automatic right of withdrawal as described in the previous paragraph in the event that Consultation has been fully carried out. In such a case, the Client may nonetheless turn directly and exclusively to the Attorney to ask him to terminate the contract, but reasonable fees and expenses could be invoiced for services already rendered under the commissioned Consultation (e.g. becoming acquainted with the question, research, or partial drafting of a written answer, etc.).

8.2. CASE WHERE THE ADDRESSEE OF THE CONSULTATION IS A PROFESSIONAL WITHIN THE MEANING OF ARTICLE 2 OF THESE GTCU.

The Client or the User who commissioned the Consultation on behalf of the latter shall not have 14 days to withdraw from the service contract that binds him with the Attorney and to obtain the full reimbursement of the total price he has paid (fees, taxes and charges). The Client or the User who commissioned the Consultation on behalf of the latter may nonetheless turn directly and exclusively to the Attorney to ask him to terminate the contract, but reasonable fees and expenses could be invoiced for services already rendered under the commissioned Consultation (e.g. becoming acquainted with the question, research, or partial drafting of a written answer, etc.).

ARTICLE 9. CONTRACT BETWEEN ATTORNEY AND CLIENT

OSA provides an online computerised platform and tools to enable Users and Clients to contact an Attorney.

The contract between the Attorney and the Client is formed as of the receipt of the transaction confirmation email.

The Company is not party to the contract that binds the Attorney with his Client. Thus, the contracts are concluded directly by and between the Client and the Attorney.

The Company shall under no circumstances be held liable for the contractual relationship between the Client and the Attorney, in particular as regards the formation, performance or end of the contract, and shall provide no guarantee to that end.

In particular, in the event of the Attorney’s failure to honour contractual obligations, the Client or the User who commissioned the Consultation on behalf of the latter must take action directly against him. The Website or the Company cannot be held liable in any way whatsoever.

Except where this law provides otherwise, the contract between Attorney and Client is governed by national law of the country of the Attorney’s bar association/law society such at the time of order and any and all disputes relating to the contract between Attorney and Client shall be referred to the competent courts of this country.

ARTICLE 10. CONTENT DISSEMINATED BY OSA

The Company holds the intellectual property rights to the general structure of the OSA Website, its contents and the OSA trademark.

Any unauthorised reproduction of its trademarks, logos and distinctive signs shall constitute an act of piracy punishable by civil and criminal penalties.

In particular, any representation, reproduction, modification or generally any total or partial exploitation of the Website, its content or services, its trademark, logos, commercial names, initials, and domain names, without the prior, express consent of the Company, is strictly prohibited, irrespective of the media or procedure used.

ARTICLE 11. DATA COLLECTION AND PERSONAL DATA PROTECTION

11.1 INFORMATION REGARDING PERSONAL DATA

To enable the User and the Client to have access to the Benefits of OSA and the Consultation with an Attorney, the Company has to collect and process in particular the following data concerning registered Users:

• Surname, forename, date and place of birth;
• Postal address;
• Fixed and mobile telephone number;
• Email address;
• IP address;
• Skype identifier; and, where appropriate
• If applicable, information regarding the company that benefits from the commissioned Consultation (registered office, company number, VAT, etc.) and the contact person for that purpose ;
• If applicable, completed questionnaires.

The Entity responsible for the processing of the data is Online Solution Attorney, a private limited company registered in the Brussels Trade and Companies Register under number BE 653.770.793, with intra-EU VAT number 653.770.793 and whose registered office is located at Avenue Michel Ange 86,1000 Brussels (Belgium).

From 28 May 2018, the Data Protection Officer will be Cynthia Charlier whose registered office is located  at Avenue Michel Ange 86,1000 Brussels (Belgium).

Personal data will be subjected to computer processing. It is processed by computer to facilitate the management and the development of automated tools intended to contribute to the dematerialization of exchanges between attorneys and clients including orders of legal services. in accordance with article 6, f of the GDPR, processing is necessary for the purposes of the legitimate interests pursued by the controller since the purpose of the processing is to prevent fraud or ensure the security of the Online Solution Attorney website and information of its computer systems.

Concerning the data to be collected in the order questionnaire that might be sensitive according to the GDPR, the consent of the party concerned will be requested in accordance with article 6, a of the GDPR. The sensitive data possibly contained in the questionnaire will be automatically removed within a period of 40 days starting from the day of the order under consideration.

The data are kept for the following periods :

•  user account management : data on individuals/enteprises required for legal services orders and transaction until cancelation of subscription ;
•  Service management : data on legal services ordered, 40 days after collection ;
•   Attorney account management : activation duration ;
•   Management of attorney directories : up dated daily ;
•   Analysis and measurement of site traffic : 15 months.

Every User/Attorney can obtain access to, and if necessary, rectification or deletion of the information concerning him/her, by managing his/her personal data on his User Profile on OSA or sending an e-mail to the following address: info@onlinesolutionattorney.be, while indicating his/her last name, first name, postal mail and e-mail addresses and attaching a copy of his / identity card.

The data is not transferred anywhere outside the EU.

Any user / attorney has the right to lodge a complaint with the supervisory authority, i.e.:

The Data Protection Authority/L’Autorité de Protection des Données
Rue de la Presse 35
1000 Bruxelles
Tel. +32 2 274 48 00
Fax +32 2 274 48 10
e-mail: commission@privacycommission.be
Website: http://www.privacycommission.be/

11.2 COOKIES

Cookies are small files stored in the surfer’s device to facilitate his visit and enable him to connect to the Website.

The Website uses several cookies:

(1) User Account. These cookies register a single identifier to keep the User connected to the Website. They contain no direct, nominative information.

(2) Security. In addition to the security analyses on the servers, the Website uses cookies that can help to strengthen security and to identify any malicious conduct.

(3) Browsing. These cookies are used to customise the content that is displayed specially for each user. For instance: display an explanatory page during the first visit to a service; record display or selection preferences, etc.

(4) Analytics. OSA uses Google Analytics, a web analytics service provided by Google, Inc. (‘Google’). Google Analytics uses cookies (text files placed on your computer) to help the website operators analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

These cookies contain no nominative information.

You can refuse the use of cookies:

Internet Explorer

• http://windows.microsoft.com/en-GB/internet-explorer/delete-manage-cookies

Firefox

• https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
• https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored

Google Chrome

• https://support.google.com/chrome/answer/95647?hl=en

Safari

• http://help.apple.com/safari/mac/8.0/#/sfri11471

The User shall be informed that if he decides to block all the cookies, certain functionalities of the Website may not work.

The Website enables Users to share contents on the social networks (Facebook, Twitter, LinkedIn, Google+,…). These social networks may deposit cookies for their own purposes, independently from the Website. In order to comply with the legal provisions on the protection of privacy, the Website blocks beforehand, by default, cookies that might be deposited by the social networks or other third websites.

11.3 LIVE CHAT

OSA uses its help desk provider Zendesk for managing our customer support services. Zendesk is an online help desk service provider and provides a system for tracking, prioritizing and solving customer support requests across multiple channels, bringing customer information and interactions into one place. The operating company of the Zendesk is Zendesk Inc., 1019 Market Street, San Francisco, CA 94103-1612, USA. If you choose to contact our customer service, your personal information will be transmitted automatically to Zendesk. By using our customer service channels, you agree to the transmission of personal information required for answering your service request. The personal information exchanged with Zendesk is your name, e-mail address and any additional information you choose to provide as part of your service request. The legal basis for using Zendesk for our customer service is a data processing agreement pursuant to Art. 6(1)(b) GDPR. For more information about Zendesk’s data processing, see Zendesk’s Privacy Policy at www.zendesk.com/company/privacy.

11.4. INFORMATION ON DATA TERRITORIALITY AND SECURITY

All the data collected on the Website shall be stored in data centres situated exclusively in Belgium. The confidentiality and integrity of the data are guaranteed by a certificate of authentication and an HTTPS security protocol with a 2048 bit encryption algorithm.

11.3. INFORMATION ON DATA TERRITORIALITY AND SECURITY

All the data collected on the Website shall be stored in data centres situated exclusively in Belgium. The confidentiality and integrity of the data are guaranteed by a certificate of authentication and an HTTPS security protocol with a 2048 bit encryption algorithm.

ARTICLE 12. LIABILITY

12.1 GENERAL PROVISIONS

In accordance with the terms and conditions of use of the Online Solution Attorney website and the legal and ethical rules applicable to him/her, each attorney remains solely liable for damaging consequences arising from information on his/her profile or the legal notes published in his/her name on the Online Solution Attorney website or the legal services ordered by users of the platform.

The Company shall be bound to the Users and Attorneys by an obligation of means.

The Company shall spare no effort to ensure continuous access to the benefits and tools on the OSA Website.

It shall nonetheless provide no guarantee as to the continuation of said benefits, as their provision may depend on third parties (access provider, host, power supplier, in particular).

The Company shall consequently not be held liable for prejudice resulting from the temporary or definitive inability to access the benefits on the Website.

Similarly, the Company reserves the right to suspend access to the Website for maintenance, update or any other reasons, without prior notice to the Users and Attorneys, and without entitlement to compensation.

The Website may include Attorneys’ legal notes and hypertext links to the sites of third parties, Attorneys or commissioned Consultations in particular. The Company shall under no circumstances be held liable if the content of said  legal notes and websites infringe the legal or regulatory provisions in force.

In any event, the Company may not be held liable if the fulfilment of an obligation is hindered or delayed by force majeure, in particular if power or telecommunication networks are interrupted or malfunction, or in case of fire or natural disaster.

12.2 EXEMPTION OF THE COMPANY’S LIABILITY IN THE RELATIONSHIP BETWEEN ATTORNEY AND CLIENT

OSA provides an online platform and tools to enable Users to contact an Attorney.

The Company shall under no circumstances be held liable for any prejudicial consequences from the request for Consultations with Attorneys and the reimbursement thereof, except in cases where Article 8, section 8.1, §1 of these GTCU applies.

The Company is not party to the contract between the Attorney and his Client. Transactions are consequently conducted directly between the Attorney and his Client.

The Client may therefore under no circumstances turn against the Company or call on it by way of guarantee in case of an amicable or judicial petition against or at the initiative of an Attorney, for any reason whatsoever.

The User may under no circumstances hold the Company liable in the following cases:

• Incompatibility of the User’s hardware and operating system with the tools on the Website;
• Non-compliant use of a tool on the Website;
• Fraudulent use of the User Account by a third party;
• Downloading of a file from the Website or a dispatch from an Attorney with a virus, or any other element that could damage the User’s hardware.

The User is generally responsible for saving his data, his hardware and protection against any element that might damage it.

In a more general manner, the User shall be solely liable for any damage that he might cause to third parties when using the tools and consultations offered by the Website.

The User undertakes irrevocably to defend and hold the Company harmless from any amicable or judicial petition by another User or Attorney, resulting from the User’s failure to fulfil an obligation arising out of these GTCU, or failure to comply with laws and regulations.

ARTICLE 13. GENERAL PROVISIONS

 13.1 OPERATION OF THE WEBSITE.

The company may put an end to the operation of Website, for any reason whatsoever, without a User being entitled to make any claim against the Company, amicable or judicial, as a result.

The Company may also change the contents of the Website and the Consultations, as well as the operating procedures of the Website, without notice and without being held liable as a result.

13.2 PARTIAL INVALIDITY OF THE GENERAL TERMS AND CONDITIONS OF USE AND OF SALE

The purpose of the titles of these GTCU is to facilitate the reading thereof. Any clause of these GTCU that is declared null and void by a court shall under no circumstances affect the remaining provisions nor the validity thereof as a whole.

13.3 DISPUTES – COMPETENT COURTS AND APPLICABLE LAW

Except where the Law provides otherwise, any dispute about these GTCU shall be referred exclusively to the courts of the OSA’s registered office, even in case of a call for guarantee or with multiple defendants. Belgian law shall apply.