Article 1: Scope
Our lawyers undertake to perform services for the benefit of the client, based on the general terms and conditions stipulated herein, except if special agreements are concluded in writing with the client, superseding the provisions herein.
Article 2: Money on account (provision) and fees
The fees constitute payment for services rendered by lawyers to their clients within the framework of files entrusted to them.
Unless otherwise agreed, we use two methods of calculating fees:
- fees are either established on the basis of an agreed hourly rate according to the lawyer´s seniority and area of expertise,
- or on the basis of the usual criteria which are: time spent on the file, the complexity, the lawyer´s experience in the matter concerned, urgency, financial value of the case and the result obtained.
If the hourly rate is applied, feenotes shall be sent periodically, monthly or quarterly in most cases.
If the fees are agreed according to the second method, a final feenote is issued.
Whatever method is used to calculate the fees, a request for money on account is always sent either at the start of contractual relations or while we are working on your file in order to cover the disbursements and expenses and the administrative costs, as mentioned in the following article.
Article 3: Administrative costs and disbursements
Besides the fee amount stipulated in the preceding article, our lawyers shall request payment for costs generated by files entrusted to them.
There are two types of costs:
- in-house administrative costs, such as: the costs of opening a file, typing, photocopying, transport etc.
- disbursements, including costs paid by Elegis to third parties such as Courts, bailiffs, translation expenses etc
Costs relating to the case are invoiced to the client either on an itemised or lump sum basis.
Disbursements are passed on to the client on the basis of costs actually incurred.
These costs shall also cover services requested on behalf of the client.
The client accepts the invoice for the service provided for by the lawyer consulted via on-line module or downloaded documents be always transmitted by electronic media unless otherwise agreed by the parties at the time of the order.
Article 4: Provision of services – professional confidentiality
elegis is a legal organisation which uses teamwork to its advantage.
Save any special provisions to the contrary, the lawyer consulted may request one or several lawyers, either partners or associates, to intervene in the context of managing the file entrusted by the client.
Professional confidentiality applies to any lawyer working on the files entrusted by the client. Staff members are also bound by professional confidentiality.
Article 5: Delivery Term
Regardless of the strict observance of legal and procedural deadlines, services rendered by our lawyers shall fall within the time limits given for information purposes.
In order to provide faster service to internet clients, Elegis does not grant the client the right to abnegation even in the case of a consumer.
If the client requires a specific commitment on the delivery term, this should be specifically requested and accepted by the lawyer consulted.
Article 6: Limitation of responsibility and insurance coverage
The liability of attorneys working within elegis is covered by a collective insurance policy subscribed by de Orde van Vlaamse Balies or l´Ordre des Barreaux Francophones et Germanophones with the insurance company Ethias Common Law (mutual insurance company registered under Nr. 0165, having its registered office in 4000 Liège, Rue des Croisiers 24). Callens Verguts & Vennoten is also subscribed an additional policy, in second order, with the insurance company Chartis Europe (insurance company under Nr. 0976, having its registered office in 1050 Brussels, Pleinlaan 11 – policy number 3233016701177). The co-insurer of this policy is Ethias. elegis - LEB and Huybrechts Engels Craen & Vennoten are subscribed an additional policy, in second order, with Ethias (policy number: 45.250.256 (elegis - LEB) and 45.084.974 (HEC)). The guarantee of the policies mentioned above applies to consequences of acts committed in the entire world, for activities the insured performed from its office in Belgium. However, claims lodged against them in the United States of America or Canada, or under the legislation or the authority of the United States or Canada, are not insured.
If the client wishes to obtain extra cover, an agreement must be concluded before any intervention.
Without prejudice to article 1, a) in appendix to the Law of 2 August 2002 relating to the abusive clauses concerning the professions, responsibility shall be limited to 2,000,000 EUR per claim if he´s a member of the 3 companies and 1,250,000 EUR in the other cases.
Article 7: Payment terms
In accordance with the Law of 2 August 2002 against late payment, payments must be made within thirty days of sending the request for money on account or the feenote.
After this time, Elegis reserves the right to claim late payment interest in accordance with the Law of 2 August 2002 and its royal decree of application which are applicable to the client by agreement if it is a consumer.
Article 8: Exception of non-performance
Elegis expressly reserves the right to apply the exception of non-performance, meaning it will suspend any intervention in any file whatsoever in the event that a client is late in payment of money on account or of Elegis lawyers´ feenotes.
Article 9: Arbitration – election of domicile – applicable law
In the event of difficulty arising in relation to performance of the agreement concluded between the lawyer and his client, they shall undertake to firstly try and resolve this by arbitration.
Failing that and at the choice of one or other party, the following courts shall be competent: either the client´s home court or that of the registered office where the firm of the lawyer consulted is based
Belgian law is applicable in all cases in client relations, as well as the code of ethics which elegis lawyers must observe.
V. 01/07/11