Terms and conditions

B2B invoicing terms

Invoices are payable before the stated due date. Late payment automatically attracts conventional default interest (Act of 2 August 2002) and a flat-rate compensation of 10% of the outstanding amount (minimum € 50).

Information

The lawyer keeps the Client promptly informed of the performance of the engagement and of the progress in the handling of the case.

The Client provides the lawyer promptly, throughout the entire duration of the engagement and where applicable at the lawyer's request, with all information useful to the case.

Engaging third parties

Beyond the tasks customarily carried out within the law firm, the Client agrees that the lawyer may, under his own responsibility, engage other lawyers for specific assignments in the performance of the engagement.

Where it is necessary for the performance of the engagement to engage a bailiff or a translator, the Client leaves that choice to the lawyer.

The lawyer engages other third parties, such as notaries, experts or accountants, chosen in consultation with the Client, only with the Client's express consent.

Client monies

The lawyer transfers to his Client, within the shortest possible time, all amounts he receives on the Client's behalf. If the lawyer cannot transfer an amount immediately, he notifies the Client of its receipt and informs him of the reason why the amount is not being transferred (e.g. a cantonnement/judicial deposit).

The lawyer may withhold sums from amounts he receives on the Client's behalf to cover outstanding advances or statements of costs and fees. He notifies the Client of this in writing. This provision does not affect the Client's right to dispute the lawyer's fee statements and to claim payment of the amounts withheld.

The fact that the lawyer withholds outstanding advances or statements of costs and fees from such amounts does not alter the Client's obligation to pay the VAT due on them, by way of one or more separate payments to the lawyer, insofar as the third-party funds in question are insufficient to cover the full amount of VAT due.

The lawyer transfers immediately to third parties all amounts he receives from the Client on their behalf.

Liability

The lawyer is insured for his professional liability for an amount of € 2,500,000.00 (two million five hundred thousand euros). The lawyer informs the Client that, for the specific handling of his case, the subject of this agreement, higher cover can be taken out on payment of an additional premium.

The Client considers the lawyer's standard insurance cover sufficient and accepts that compensation for damage suffered as a result of a professional error by the lawyer is limited to the amount of € 2,500,000.00 (two million five hundred thousand euros) for which the lawyer is insured. This limitation does not apply in the event of intent or gross negligence on the part of the lawyer.

Legal aid (Pro Deo)

The client has been informed of how second-line legal aid ('pro deo') works. The client does not wish to make use of second-line legal aid ('pro deo'), nor of free legal proceedings. He waives these rights.

The fee may be reduced taking into account the Client's financial means, and payment terms may be granted, if the Client makes a reasoned request to that effect.

Termination

The Client may terminate the agreement at any time by notifying the lawyer in writing. The lawyer sends his final statement of costs and fees to the Client, taking into account his services up to the termination of the agreement. The lawyer cannot claim compensation for this unilateral termination or cancellation.

On first request, the lawyer will return the file documents to the succeeding lawyer, or failing that, to the Client himself, against acknowledgement of receipt. The lawyer has no right of retention over the file.

The lawyer may terminate the agreement at any time by notifying the Client in writing. In determining the moment at which he ceases his services, the lawyer must take into account the Client's ability to obtain the necessary assistance from another lawyer in good time, so that no limitation periods expire.

Privacy

The client's data are kept only for as long as necessary. The lawyer is legally required to keep his file for 5 years (art. 2276bis, §1 old Civil Code).

The lawyer will only process and keep the personal data for which he has a legal mandate, as provided for in Book 3 of the Judicial Code (art. 428 et seq.), or as required by anti-money-laundering legislation and tax legislation, as well as other statutory provisions.

The client has, among other things, the right to access his personal data, as well as the right to erasure of his personal data, provided these are not necessary for the performance of the Agreement or contrary to legal requirements, such as the retention obligation under art. 2276bis, §1 old Civil Code. The client also has the right to have corrections made to his data if these are incorrect.

(Telephone) conversations between Client and Lawyer may NOT be recorded by either party to serve as evidence in a disciplinary or civil dispute.

Governing law

Only Belgian law applies. The courts and justices of the peace of East Flanders, Ghent division, have exclusive jurisdiction. The language of proceedings is Dutch.

The parties preferably settle their disputes amicably. Prior to any proceedings, they preferably have the matter called for an amicable settlement before the court or before a body competent for that purpose within the Bar Association.