General terms and conditions

Preliminary note

These general terms and conditions apply to all services provided by BV Peiffer Advocaten, with registered office at Vlaamse Kaai 70, 2000 Antwerp, Belgium (company number 1019.421.696), as well as to the lawyers and employees in relation to their clients.

The lawyers affiliated with the firm are members of the Bar of the Antwerp Bar Association, which is itself a member of the Flemish Bar Association (Orde van Vlaamse Balies).

1. Nature of the Engagement

The client engages the firm for legal advice and/or assistance, whether or not in the context of an administrative or judicial procedure, arbitration, mediation, or any other proceeding where the advice or assistance of a lawyer is useful or required. The services provided by the firm fall within the scope of the mandate granted by the client.

2. Information

Throughout the duration of the engagement, the client shall provide the firm with all relevant information, upon request if necessary. The client undertakes to deliver all required information accurately and in a timely manner. The responsibility for the completeness, accuracy, and timeliness of the provided information lies with the client. The representation of the client and the execution of the agreed services will be based on the information provided to the firm.

3. Use of third parties

Beyond the standard tasks performed by the firm, the client agrees that the firm may, under its own responsibility, engage other lawyers for specific assignments.

If the execution of the assignment requires the services of a bailiff or translator, the client entrusts the choice to the firm. However, a separate agreement will be formed between the client and the bailiff or translator, independent of the lawyer.

The firm will only engage other third parties, such as notaries, experts, or accountants, with the client’s express consent. Such parties are selected in consultation with the client.

The firm cannot be held liable for the actions of these third parties, regardless of whether they were engaged by the firm or the client, and irrespective of whether their fees are invoiced to the firm or directly to the client.

4. Fees and costs

The firm’s statement of fees and expenses will typically include: office costs, legal expenses and disbursements, and attorney’s fees.

The office costs are calculated as follows:

Secretarial costs are charged on a flat-rate basis at 10% of the fee; photocopies and printouts are charged per page. For the opening of a file, a fee of €75.00 (excl. VAT) is charged.

– Travel expenses: these costs are charged at €0.50 per kilometre driven.

– Possible other costs: if the lawyer has to incur other and unforeseen costs, he will inform the client of this in writing and request the client’s consent.

The legal costs and expenses are the costs that the firm has had to advance to third parties, such as the bailiff, the court registry, translators and public authorities. These costs are listed separately in the statement of costs and fees.

The fee is the remuneration for the services provided by the lawyers. The fee is in principle calculated based on the number of hours spent, multiplied by the agreed hourly rate. The fee of the lawyers in our firm is calculated at an hourly rate.

In each case we will discuss with you the applicable hourly rate for effective work, taking into account the base rate set per lawyer between €125 and €200 (excluding VAT) for consumers and between €150 and €250 in other cases, depending on urgency, complexity and seniority of the lawyer.

In certain cases, a flat-rate fee may also be agreed upon.

For a one-time consultation for the purpose of obtaining advice without opening a file, a flat fee of €100.00 is charged.

In the majority of legal proceedings, a procedural compensation will be awarded to the party in whose favour judgment is rendered. This is a flat-rate contribution to the lawyer’s fees paid by the opposing party. The fee can never be lower than the total of procedural compensation, interest and contractual penalties.

We will ask you in each case whether you benefit from legal expenses insurance or check your policies.

VAT (21%) is payable on the fee and office costs.

The firm may, before the commencement of the assignment and/or during the handling of the case, request one or more advance payments (provisions). An advance or provision is the lump sum paid by the client to the firm in advance of a detailed statement of costs and fees. In the final statement of costs and fees, the advances are deducted from the total amount.

The client shall pay the firm’s invoices within fourteen days after receiving the payment request to the account number BE35 0689 5491 7537, with reference to the file number. The firm may, if necessary for the proper provision of services, set a shorter or longer payment term with justification.

If the client does not agree with the invoice, he shall protest it in writing within fourteen days after receipt.

In the event of full or partial late payment of the invoice issued by the firm, default interest will be charged starting from the 14th day after the first formal reminder, at the reference interest rate specified in Article 5, second paragraph of the Act of 2 August 2002 on combating late payment in commercial transactions.

An overdue invoice shall also be increased with a lump-sum compensation which shall not exceed:

– €20.00 if the amount due is less than or equal to €150.00;

– €30.00 plus 10% of the amount due on the portion between €150.01 and €500.00, if the amount due is between €150.01 and €500.00;

– €65.00 plus 5% of the amount due on the portion above €500.00, with a maximum of €2,000.00, if the amount due exceeds €500.00;

In the event of non-payment of the invoices, fees and/or costs, the firm has the right, after written notice, to suspend all further work for the client until the 14th day following their payment. In such a case, the firm may legally and without notice terminate the agreement at the client’s expense. The firm will notify the client in writing of the date on which this agreement is considered terminated. All consequences arising from the suspension of services or termination of the agreement on the basis of this provision shall be borne by the client and are the client’s responsibility.

5. Liability

The firm is deemed to have undertaken a best-efforts obligation. The firm is therefore liable if it is demonstrated that it failed to fulfil its obligations due to wrongful conduct.

In derogation from Articles 6.3 and 6§2 of the Civil Code, the client may not bring any extra-contractual claim against PEIFFER Advocaten, its lawyers or employees.

The client may only bring a contractual claim. The firm’s liability is in any case limited to the amount of the professional liability insurance with the Order of Flemish Bars.

If the professional liability insurance does not cover the damage, without fault of the firm, compensation for professional error is limited to an amount of €10,000, including principal, costs and interest.

A copy of the provisions of this professional liability policy, concluded via Vanbreda Risk & Benefits, will be provided to the client free of charge upon first request.

Indien de cliënt van zijn eventueel recht op schadevergoeding gebruik wil maken, dient hij dit binnen de zes maanden nà het zich voordoen van de vermeende fout van het kantoor bij aangetekend schrijven aan deze laatste te melden. Dit op straffe van verval van dit recht.

The firm undertakes to use IT, communication and security systems in accordance with generally accepted technological developments. The firm does its utmost to ensure service continuity. However, the firm reserves the right, if necessary and without compensation, to interrupt access to or availability of its services for a reasonable period for maintenance, repair or installation.

The firm cannot be held liable for damage resulting directly or indirectly from malfunctioning of the client’s equipment or telecommunications from third parties, or from interruption of the firm’s services for reasons beyond the firm’s control.

6. Termination of the agreement

The client may terminate the agreement at any time by notifying the firm in writing. The firm will issue its final statement of costs and fees, taking into account the work performed up to the termination of the agreement. The firm may not claim compensation.

The firm may also terminate the agreement at any time, by notifying the client in writing. In determining the moment at which it ceases its services, the firm shall take into account the possibility for the client to obtain timely assistance from another lawyer.

At the client’s first request, the firm shall make the case documents available to the client or his new counsel.

7. Intellectual property rights

All rights relating to the intellectual creations that the firm develops or uses in the execution of the assignment entrusted to it (such as advice, pleadings, petitions, contracts, drafts) belong to the firm. Unless with prior express written consent of the firm, the client is prohibited from using, distributing, disclosing or exploiting these intellectual creations or their recordings in any way.

8. Agreement with a legal entity

If this agreement is concluded with a legal entity, the manager, director or representative binds himself jointly and severally with the legal entity for all obligations arising from this agreement. The manager, director or representative declares to agree to this agreement.

9. Data processing

In connection with and for the performance of the services under the agreement, the client transfers personal data to the firm. He authorises the firm to take note of such personal data insofar as they are provided to the firm by third parties during the execution of the agreement, and to process these personal data in accordance with the provisions of this agreement. The personal data may be processed for the purpose of delivering the services under the agreement, client management and accounting.

Personal data are only transferred and retained insofar and as long as necessary for these purposes.

The firm shall not transfer personal data to third parties, unless necessary for the execution of the assignment entrusted to it or required by law.

The client has the right to access, correct, erase and object, as well as to file a complaint with the data protection authority. The client is responsible for the accuracy of the personal data provided.

The firm will also appoint a person responsible for privacy and data protection. This person can be contacted at the address: Vlaamsekaai 70, 2000 Antwerp, attn. Data Protection Officer, Vlaamsekaai 70, 2000 Antwerp.

10. Applicable law and disputes

Belgian law applies.

All disputes regarding the execution of this agreement shall be settled amicably by the parties.

In case of dispute before the courts, only the courts of the district of Antwerp have jurisdiction.