1. General
These terms and conditions apply to the services provided by and/or for lawyers of the cooperative company EVEREST ADVOCATEN G&B (CBE 0843.239.014 and VAT BE 0843.239.014). More information at www.everest-law.be.
2. Fees and expenses
Fees:
Unless agreed otherwise and subject to the right to adjust them while the case is being handled, services are under normal circumstances usually but not exclusively charged on the basis of standard hourly rates (see above). A final settlement is, however, possible according to the result achieved.
Retainers:
Before the start of the assignment and while the case is being handled, the lawyer may request one or more retainers from the client. A retainer is a flat-rate amount paid by the client to the lawyer prior to a detailed statement of fees and expenses. The retainers are deducted from the total amount in the final statement of fees and expenses.
Non-payment by the client:
All our invoices are payable in cash. In the event of non-payment of the invoice, late payment interest is due at the rate of 10% per year without prior notice of default. Under the same conditions, compensation of 10% is due on the outstanding amount. The lawyer reserves the right to stop or suspend the performance of the services with a reasonable notice period due to non-payment of requested retainers or statements of fees and expenses after a period of 30 days or more or for any other serious reason.
Administrative costs:
The lawyer charges a flat rate of 15% on the fees for ordinary general administrative costs.
Expenses / Costs:
Expenses incurred (such as the fees of experts and foreign lawyers, travel and catering costs, costs of courier and special delivery services, of research and binding of documents, video conference installations, etc.) are listed separately and billed at cost.
Indexation:
The lawyer reserves the right to index the fee rates and scales annually.
VAT:
21% VAT is due on all our outgoing invoices.
3. Third-party accounts:
Funds that the lawyer holds or receives on behalf of the client are deposited into a special bank account, a so-called third-party account, kept by the lawyer in accordance with the bar regulations. The client authorises the lawyer to deduct any outstanding fees and expenses (see above) from the amounts received on behalf of the client.
4. Liability
Limitation of liability:
The possible contractual or extra-contractual liability of lawyers of the firm and of the cooperative company itself for loss, damage, costs or expenses arising in connection with the performance of the services will, with the exception of fraud, in any case be limited to the amount of coverage by the liability insurance (NV ALMIN EUROPE) of the lawyer involved. This coverage is limited to the sum of EUR 1,250,000.
No liability for omissions by the client:
The lawyer will not be liable for any loss, damage, costs or expenses that might arise in any way from (fraudulent) acts or omissions, misrepresentations, incorrect or incomplete statements or wrongful acts on the part of the client, its directors, employees, intermediaries or subcontractors. The lawyer reserves the right to recover any damage from the client.
No liability for omissions by third parties:
The lawyer is not liable for acts or omissions that took place prior to the start of the performance of the services. Even when the lawyer has provided advice based on information or advice provided by foreign or other lawyers or advisors engaged by the lawyer without the client having instructed the lawyer to do so, any liability of the lawyer for loss, damage, costs or expenses arising directly or indirectly from an act or omission on the part of a third party (or third parties) is excluded.
Use of documentation:
The lawyer accepts no liability whatsoever for damage arising from the use of documents in a form other than that provided by the lawyer or in situations other than those for which the documents were drawn up.
Force majeure:
The lawyer accepts no liability whatsoever for any delay or failure to perform his obligations when that delay or non-performance is the result of circumstances that are reasonably beyond the lawyer’s control.
5. Documentation
Destruction of documentation:
The file present at the firm (with the exception of the documents that the client requests to be returned) is kept for no longer than five years, after the final statement of fees and expenses has been sent.
6. Anti-money laundering and anti-terrorism financing
When the lawyer assists the client in preparing or executing transactions related to the purchase or sale of real estate or businesses, managing their money, securities or other assets, opening or managing bank, savings or securities accounts, organising contributions necessary for the incorporation, operation or management of companies, the incorporation, operation or management of companies, trusts, fiducias or similar legal arrangements, or when acting in the name and on behalf of their client in any financial transactions or real estate transactions, they are obliged to strictly comply with the anti-money laundering legislation and bar regulations on anti-money laundering and anti-terrorism financing. In accordance with the relevant rules, the lawyer is primarily bound by an identification and vigilance obligation towards their client. This procedure requires the client’s cooperation and obliges clients operating as a company, in accordance with Article 8 §3 of the Act of 11 January 1993, to inform their lawyer who the ultimate beneficial owner behind this company or chain of companies is, as well as to inform their lawyer whenever this situation changes. If the client refuses to provide the information that the lawyer is obliged to request within 2 weeks of it being requested, the lawyer has the right, pursuant to Article 2.10 of the OVB Regulations of 21 December 2011, to terminate their intervention. In addition, the anti-money laundering legislation obliges the lawyer in certain circumstances to report potential money laundering operations and terrorism financing in which the client might be involved to the President of their Bar.
7. Applicable law and competent court
The parties agree that Belgian law applies exclusively to these terms and conditions, to any agreement to which the latter relate and to the assignment in general. The courts of Ghent will have exclusive jurisdiction over any dispute regarding the interpretation or execution of these terms and conditions or the agreement to which they relate. In addition, the parties expressly and conventionally agree that any court other than those designated in the previous paragraph lacks jurisdiction with regard to the matter mentioned in the previous paragraph. (version 08.2016)