GENERAL TERMS AND CONDITIONS


Agreement between the lawyer and the client – General Terms and Conditions
Service provider: De Coninck BVBA law firm based at Amerikalei 211, 2000
Antwerp, Belgium with company number BE0645.742.262


1. Subject of the lawyer’s services


The law firm’s engagement shall be described in the engagement document if
necessary.

 

 

2. Information


The lawyer shall inform the client on the execution of his or her engagement and the
progress he or she is making with the case. The client shall promptly provide all
relevant information to the lawyer for the entire duration of the engagement,
sometimes upon the lawyer’s request.


3. Use of third parties


3.1. The client agrees that the lawyer may use other lawyers for specific tasks that go
beyond the law firm’s usual area of expertise under the lawyer’s responsibility.


3.2. If the execution of the engagement requires the use of a bailiff or a translator, the
client shall allow the lawyer to choose these.


3.3. The lawyer shall use other third parties such as notaries, experts or accountants
with the client’s express permission only. Such third parties shall only be chosen in
consultation with the client.


4. Costs and fees


4.1. The statement of a lawyer’s costs and fees can include three elements: the law
firm’s expenses, the court fees and the lawyer’s fee.


4.2. The lawyer’s costs are calculated as described in the engagement document.


4.3. The expenses and the court fees are costs that the law firm pays on the client’s
behalf to third parties such as a bailiff, court registry, translator or public authority.
These costs are accurately specified on a detailed costs and fees statement. Bailiff
costs are always settled between the bailiff and the client directly without any
financial involvement of the law firm.


4.4. The lawyer’s fee is charged for the law firm’s services.

4.5. The law firm works with timesheets that are issued no more than once a month
showing the hours worked until the date of the timesheet. The remaining balance is
billed on a final statement at the end of the engagement.

4.6. The client shall pay the fee statement within fourteen days of receiving the
request for payment. The client agrees that the billing may also occur electronically
with the Harvest app. The email’s sent date shall count as the bill’s date of receipt. If

the fee statement is sent by normal post, the date of receipt is assumed to be the day
after the send date.


4.7. If the client does not agree with the fee statement, the client shall object in
writing within fourteen days of receipt.


4.8. If a written reminder was sent by email, by normal post or using another means of
written communication requesting the client to pay the outstanding costs and fees bill
and if no objections were raised that were found justified, the client shall owe interest
on the outstanding balance from the reminder date based on the statutory interest rate
if the client is a private individual and based on the Belgian law regarding payment
arrears if the client is a trader or practitioner of an independent profession.

 


5. Client funds


5.1. The law firm shall transfer all amounts it receives for its client to its client as
soon as possible. If the lawyer is unable to transfer a received amount immediately, he
or she shall inform the client that the amount has been received and explain why the
amount is not being transferred.
5.2. The law firm may withhold sums from the amounts it receives on the client’s
behalf to cover outstanding fee statements or costs incurred by third parties. It shall
inform the client of this in writing. This clause does not compromise the client’s right
to object to the law firm’s fee statements and demand payment of the withheld
amounts.
5.3. The lawyer shall immediately transfer all payments he or she receives from the
client for third parties to the relevant third parties.

 

6. Liability


6.1. The law firm has professional liability insurance up to €1,250,000 with Amlin
Europe NV, Boulevard Roi Albert II 9, 1210 Brussels, Zurich Insurance plc Belgian
Branch, Avenue Lloyd George 7, 1000 Brussels and KBC Insurance, Professor Roger
Van Overstraetenplein 2, 3000 Leuven, via insurance broker Vanbreda Risk &
Benefits, Plantin en Moretuslei 297, 2140 Antwerp. The law firm shall inform the
client that additional insurance can be taken out for the specific handling of the
client’s case – the subject of this agreement – at an additional premium.

 

6.2. The client considers the law firm’s normal insurance sufficient and accepts that
compensation for any losses suffered as a result of a professional error committed by
the lawyer shall be limited to €1,250,000 covered by the lawyer’s insurance. This
limitation does not apply in the event of deliberate intent or a major error on the part
of the lawyer.

 

6.3. If the professional liability insurer does not cover the loss and the lawyer is not at
fault in this regard, compensation for the lawyer’s professional error shall be limited
to the principal sum, costs and interests up to the amount of the total paid fee. This
compensation shall never exceed €25,000.

 


7. Termination of the agreement


7.1. The client may terminate the agreement at any time by notifying the lawyer in
writing. The law firm shall provide its final statement of costs and fees to the client

based on the work carried out until the agreement’s termination. The lawyer cannot
claim damages.


7.2. The lawyer shall immediately return the case documents to the client at the
client’s request. The file shall be kept for a maximum 5 years after it is closed.


7.3. The lawyer may terminate the agreement at any time by notifying the client in
writing. The lawyer shall allow the client sufficient time to seek the necessary
assistance from another lawyer and shall take this into account when deciding on the
end date of his or her services.


8. Applicable law and disputes
This agreement is governed by Belgian law. The competent courts are the Antwerp
district courts. Any disputes are preferably settled amicably by the parties.