General Terms and Conditions

General Terms and Conditions of Services - Noemi Blumberg / Mercer Street BV

Services by Noemi Blumberg are provided, contracted and invoiced exclusively by Mercer Street BV, a company incorporated under Belgian law, with registered office in Belgium, and registered with the Crossroads Bank for Enterprises under number 0686.961.720. Any reference to “Noemi Blumberg”, “we”, “us” or “our” in these General Terms and Conditions, on this website or in related communications shall, where the context so requires, be understood as a reference to Mercer Street BV.
These General Terms and Conditions apply to all services provided by Mercer Street BV, including services marketed or communicated under the name Noemi Blumberg, unless expressly agreed otherwise in writing.
All services of Mercer Street BV shall be performed personally by Noemi Blumberg, unless the client has given its prior written consent for the involvement of another person. Any such involvement shall not affect the fact that Mercer Street BV remains the sole contracting party of the client, unless expressly agreed otherwise in writing.
Only Mercer Street BV has or will have any obligation towards the client or any other person in respect of the services provided. The client agrees that it shall not bring any claim in relation to such services against any person other than Mercer Street BV, including any director, shareholder, employee, consultant, subcontractor, representative or performing agent of Mercer Street BV, to the fullest extent permitted by applicable law.
These General Terms and Conditions may be deviated from only by express written agreement between Mercer Street BV and the client. Any provisions from which no express deviation has been agreed shall remain fully applicable.
These General Terms and Conditions form an integral part of the contractual relationship between Mercer Street BV and the client. They shall be deemed accepted by the client if the client does not object within a reasonable period after having been notified of them or after having had the opportunity to review them. Acceptance may also be inferred, among other things, from the payment of invoices or the continued use of the services of Mercer Street BV.
The liability of Mercer Street BV shall be limited to the amount effectively covered and paid out, as the case may be, under the professional liability insurance taken out by Mercer Street BV. If, for any reason, no insurance coverage is available or no payment is made under such insurance, the liability of Mercer Street BV shall be limited to the fees actually invoiced and paid in relation to the specific matter giving rise to the liability.
Nothing in these General Terms and Conditions shall exclude or limit liability to the extent such exclusion or limitation is not permitted under applicable law, including in the event of fraud, wilful misconduct or any other liability which cannot legally be excluded or limited.
The client shall indemnify and hold Mercer Street BV harmless against any third-party claims, damages, costs and expenses, including reasonable costs of defence, which are in any way connected with or arise from the client’s instructions, the services performed for the client, or the client’s use or disclosure of the advice provided by Mercer Street BV, except to the extent such claim results from Mercer Street BV’s own liability which cannot be excluded or limited under applicable law.
Mercer Street BV shall not be responsible or liable for any acts, omissions, advice, deliverables, delays, errors or failures of any third parties involved, appointed or relied upon by the client in connection with a matter.
Any coordination or exchange of information between Mercer Street BV and such third parties shall take place solely for the purpose of performing Mercer Street BV’s own services to the client and shall not imply any supervision, verification, approval or assumption of responsibility by Mercer Street BV in respect of the work of such third parties.
Any advice provided by Mercer Street BV is intended solely for use by the client and solely in the context of the matter for which it was provided. Such advice may not be used, relied upon or invoked by any third party.
The client shall not disclose any advice, documents, memoranda, analyses or other work product of Mercer Street BV to third parties without Mercer Street BV’s prior written consent, except where disclosure is required by law or where disclosure is made, on a confidential basis, to the client’s professional advisers. In such case, Mercer Street BV shall not owe any duty of care or assume any liability towards such advisers or any other third party.
Unless otherwise agreed in writing, the services of Mercer Street BV shall be charged on an hourly basis. Hourly rates may be adjusted periodically, including on 1 January of each year. Specific costs and expenses, including travel expenses and third-party costs, may be charged separately. Unless expressly stated otherwise, all fees and expenses are exclusive of Belgian VAT and any other applicable taxes.
Unless otherwise agreed, services shall be invoiced on a monthly basis. Invoices are payable within fifteen (15) days following the invoice date.
Any dispute regarding an invoice must be notified to Mercer Street BV in writing within fifteen (15) days following the invoice date. In the absence of such notification, the invoice shall be deemed to have been accepted.
In the event of late payment, the client shall, following notice of default by Mercer Street BV, owe statutory default interest, without prejudice to Mercer Street BV’s right to recover any costs incurred in connection with the recovery of unpaid amounts.
Mercer Street BV may suspend the performance of its services if invoices remain unpaid, if the client fails to provide requested information, or if Mercer Street BV reasonably considers that continued performance may expose it to legal, regulatory, professional or reputational risk.
Mercer Street BV may use the name, trade name or logo of a client for reference or marketing purposes only with the client’s prior written consent, unless such information is already publicly available and its use is limited to a factual reference.
Mercer Street BV complies with applicable anti-money laundering and sanctions regulations. The client undertakes to provide all information and documentation reasonably requested by Mercer Street BV for client identification, conflict checks, anti-money laundering checks, sanctions screening or other legal or regulatory purposes. If Mercer Street BV considers that its services to a client may involve a breach of applicable anti-money laundering, sanctions or other regulatory obligations, or if the client fails to provide the required information or documentation, Mercer Street BV may suspend or terminate its services and the client relationship with immediate effect. Mercer Street BV shall not be liable for any damage resulting from such suspension or termination or from compliance with its legal or regulatory obligations.
These General Terms and Conditions govern the services provided by Mercer Street BV. The use of the website through which the services of Noemi Blumberg are presented may be subject to separate website terms of use, privacy notices and cookie policies.
If one or more provisions of these General Terms and Conditions are invalid, unenforceable or incapable of being applied, this shall not affect the validity or enforceability of the remaining provisions. The invalid or unenforceable provision shall, to the fullest extent possible, be deemed replaced by a valid and enforceable provision that achieves an equivalent economic and legal effect.
These General Terms and Conditions and the relationship between Mercer Street BV and the client shall be governed by Belgian law.
Any disputes arising out of or in connection with the relationship between Mercer Street BV and the client or these General Terms and Conditions shall be submitted exclusively to the competent courts of the judicial district of Antwerp, Belgium.

General Terms and Conditions of Services - Noemi Blumberg / Mercer Street BV

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These General Terms and Conditions apply to all services provided by Mercer Street BV, including services marketed or communicated under the name Noemi Blumberg, unless expressly agreed otherwise in writing.

These General Terms and Conditions may be deviated from only by express written agreement between Mercer Street BV and the client. Any provisions from which no express deviation has been agreed shall remain fully applicable.

Nothing in these General Terms and Conditions shall exclude or limit liability to the extent such exclusion or limitation is not permitted under applicable law, including in the event of fraud, wilful misconduct or any other liability which cannot legally be excluded or limited.

Mercer Street BV shall not be responsible or liable for any acts, omissions, advice, deliverables, delays, errors or failures of any third parties involved, appointed or relied upon by the client in connection with a matter.

Any advice provided by Mercer Street BV is intended solely for use by the client and solely in the context of the matter for which it was provided. Such advice may not be used, relied upon or invoked by any third party.

Unless otherwise agreed, services shall be invoiced on a monthly basis. Invoices are payable within fifteen (15) days following the invoice date.

Any dispute regarding an invoice must be notified to Mercer Street BV in writing within fifteen (15) days following the invoice date. In the absence of such notification, the invoice shall be deemed to have been accepted.

In the event of late payment, the client shall, following notice of default by Mercer Street BV, owe statutory default interest, without prejudice to Mercer Street BV’s right to recover any costs incurred in connection with the recovery of unpaid amounts.

Mercer Street BV may suspend the performance of its services if invoices remain unpaid, if the client fails to provide requested information, or if Mercer Street BV reasonably considers that continued performance may expose it to legal, regulatory, professional or reputational risk.

Mercer Street BV may use the name, trade name or logo of a client for reference or marketing purposes only with the client’s prior written consent, unless such information is already publicly available and its use is limited to a factual reference.

These General Terms and Conditions govern the services provided by Mercer Street BV. The use of the website through which the services of Noemi Blumberg are presented may be subject to separate website terms of use, privacy notices and cookie policies.

These General Terms and Conditions and the relationship between Mercer Street BV and the client shall be governed by Belgian law.

Any disputes arising out of or in connection with the relationship between Mercer Street BV and the client or these General Terms and Conditions shall be submitted exclusively to the competent courts of the judicial district of Antwerp, Belgium.

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