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General terms and conditions A-LAW attorneys
- De Beule D., Leers P. & C° active under the name A-Law Attorneys is a private company with limited liability (BVBA) with registered seat at Hoogboomsteenweg 102 B, 2930 Brasschaat, Belgium, with company registration number 0460.247.281
- The name A-Law Attorneys indicates the company as well as each individual attorney, advisor or representative involved in handling the file entrusted to A-Law Attorneys for legal advice.
- Client shall indicate any and all natural or corporate entities who retain A-Law Attorneys to act on his/her behalf before the courts and/or for any other legal advice including but not limited to non-judicial proceedings.
- The relationship between A-Law Attorneys and the client shall be established in an agreement for legal services and shall be signed in as many copies as there are parties to the agreement. These general terms and conditions shall be an integral part of the agreement for Legal services and shall be exclusively applicable to the relationship between A-Law Attorneys and the client. The signature of the agreement for Legal services by the client indicates his acceptance of the abovementioned general terms and conditions.
- All assignments shall be accepted and executed by A-Law Attorneys exclusively on behalf of the client. The client shall provide immediately A-Law Attorneys with any and all necessary and relevant information and documents throughout the duration of the assignment. It is the responsibility of the client to ensure that the information provided by him or on his behalf is correct, complete and trustworthy.
- If the client sends information or documents to A-Law Attorneys, the client may only assume that it has been received by A-Law Attorneys if the attorney/advisor handling his file, personally acknowledges the receipt thereof.
- As per applicable laws, A-Law Attorneys is obliged to keep certain information confidential. Any and all letters, advice documents, court documents etc. that A-Law Attorneys disclose to the clients are therefore confidential. The client should therefore respect the confidentiality thereof. The client may only disclose these documents and the contents thereof to third parties after obtaining the express permission of A-Law Attorneys in writing.
- The advice, opinions, contracts, written documents and any and all other work that is the result of the intellectual labor of A-Law Attorneys shall be protected by the intellectual property rights and may in no event be disclosed, reproduced, introduced into circulation or used in any other way that is not in conformity with the assignment and instructions of A- Law Attorneys, unless with prior express permission from A-Law Attorneys in writing.
- A-Law Attorneys may, for the execution of the assignment, consult any suitable third parties. While consulting with third parties, whether on behalf of the client or not, A-Law Attorneys shall have a duty of care.
- A-Law Attorneys shall charge the client its fees, costs and advance payments, including an advance on fees and costs. The stated amounts and rates are exclusive of VAT.
Except otherwise agreed upon between A-Law Attorneys and the client, the fees shall be calculated according to the time spent on the file by the attorney or advisor.
The hourly fee billed will be agreed upon in the agreement for legal services. The hourly fee may be adjusted according to specific circumstances such as but not limited to the financial value of the case, expertise of the attorney, urgency of the matter, experience, result, etc.
The costs shall be divided into general and specific case costs. (such as but not limited to the communication, administration, archiving costs); court fees and costs of third parties (such as but not limited to the bailiff, notary public, expert costs, court fees, translation fees) as well as accommodation and transportation and other specific and exceptional costs.
The general and specific file costs shall be 15 or 25 % of the total fees charged, and shall amount to minimum 50 euro. The applicable percentage will be specified in the contract for legal services.
At the time of the signature of the agreement for Legal services an advance payment shall be calculated.
The advance payment shall be deposited on the account of A-Law Attorneys in order to enable A-Law Attorneys to commence its services. A-Law Attorneys can at its discretion request the client at any time for additional advance payments or request the security for the payment of the foreseeable fees, costs and advanced payments.
- The fees, costs and advanced payments are payable within eight calendar days from the invoice date.
If the payment has not been received within the specified time, the due amount shall, without any prior notice, be increased with 10% interest per annum as well as a fixed surcharge of 10% on the outstanding amount. Every complaint concerning the fees, costs or advanced payments shall be addressed to A-Law Attorneys by registered mail within a period of eight calendar days after the invoice date. If no complaint is received within this period, the invoice encompassing the fees, costs and advanced payments shall be considered irrevocably accepted by the client
- A-Law Attorneys reserve its right to, in the event of a late payment or lack of payment of the fees, costs and advance payments, suspend the performance of the assignment as specified in the agreement for legal services, until full payment of the outstanding fees, advance payments and costs has been made or to terminate the agreement for legal services with immediate effect.
- Payment of fees and (interim) fee statements made by the client in performance of the contract legal services are always deemed to be vested by A-Law Attorneys.
- Both the client and A-Law Attorneys shall have the right to terminate the agreement for legal service with immediate effect and without specifying the reasons. In such circumstances, the client shall be obliged to immediately reimburse A-Law Attorneys all the outstanding balance of fees, advance payments and costs until the date of termination of the agreement for legal services.
- The application by the client for any subsidies or financial assistance in whatever form, regardless of whether it has been granted or not, shall not affect the duty of the client and A-Law Attorneys to perform their duties and obligations.
- The client shall agree that A-Law Attorneys may deduct its outstanding fees, costs and requests for advance payments from the monies recovered or received on behalf of the client on their trust account. A-Law Attorneys shall inform the client in writing as to the exercise of this right.
- If the client decides to change attorneys or counsel in a case with a fix budget or where the fees were coupled with a positive result (success fee), before the assignment has been completed by A-Law Attorneys, the client shall remain liable to pay A-Law the total fix budget or the part of the fee that was coupled to the positive result (success fee) if a positive result has been achieved. The client shall ensure that the succeeding lawyer or consultant shall inform A-Law Attorneys spontaneously that the positive result has been achieved without any delay in order for the payment to occur in accordance with the agreement and setting off the amounts already received.
If the agreement for legal services has been concluded with a client who is a natural person acting on his personal behalf and the contract has been concluded through distance communication means, the act of 2 August 2002 on misleading and comparable publicity, unlawful clauses and the agreements concluded through distance communication means relating to the free professions shall be applicable.
For the purposes of the application of this provision the client shall mean, by contrast to art. 3 of the present general terms and conditions: every natural person or legal person who acts outside the scope of his/her normal professional activity.
The client has the right, in such circumstances, to terminate the contract for legal services within a period of seven working days as form the date of concluding the contract. A-Law Attorneys shall be notified by registered mail of the termination, at the latest on the day of the expiry of the 7-day term.
If the notice of termination is not received within the indicated period, section 12 of the present general terms and conditions shall apply.
- The client agrees that A-Law Attorneys has the right to publish, as long as the attorney client privilege and the privacy of the client is respected, the data of the client in publications/magazines, such as Legal 500 both local and internationally and to use these data to compile a file to compete and to qualify as an candidate for rewards such as but not limited to Trends Legal Awards.
- After the assignment has been terminated, the file will be kept for five (5) years after which it will be destroyed.
- The liability of A-Law Attorneys will prescribe five (5) years after the termination of the contract.
- Subject to the abovementioned, the liability of A-Law Attorneys, as well as the liability of any and all individual attorneys, consultants and employees shall be limited to the net amount covered by the profession liability insurance of A-Law Attorneys. The profession liability is insured with the collective insurance policy from the Flemish Bar association with the insurance company NV AMLIN EUROPE, Koning Albert II-laan 9, 1210 Brussel under policy number LXX034899. At the clients’ explicit request, an additional insurance can be concluded or the insurance policy limit can be increased at the cost of the client. At simple request, the insurance certificate shall be provided to the client.
- The client shall protect and compensate A-Law Attorneys entirely for any and all possible third party claims (such as but not limited to costs of defense or damage).
- A-Law Attorneys shall not be liable for any damage, which may result from the suspension or the termination of the agreement of legal service.
- The nullity of one of the clauses or a part thereof shall not result in the present general terms and conditions becoming null and void in its entirety. Should a clause be declared null and void, the concerned clause shall be replaced by an appropriate provision of law.
- Belgian law shall be exclusively applicable to the agreement and to the legal relationship between the client and A-Law Attorneys. The courts of Antwerp in Belgium shall have the exclusive jurisdiction to hear any and all disputes arising out of or in connection with the present agreement, notwithstanding A-Law Attorneys right to institute the legal proceedings before the courts that otherwise might have jurisdiction to the client.
- These general terms and conditions have been originally drafted in Dutch. There are also other translations available. In case of conflict in the interpretation between the Dutch text and the translated versions the Dutch text shall have priority.
Account office: KBC Bank, Havenlaan 9, 1050 Brussel
IBAN: BE08 4125 0582 9113 BIC/SWIFT: KREDBEBB
Account: KBC Bank, Havenlaan 9, 1050 Brussel
IBAN: BE55 7350 4458 6844 BIC/SWIFT: KREDBEBB
// / 23 May 2017
// / 18 May 2017