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Terms & conditions

1. Unless otherwise agreed, the current terms and conditions apply to all services provided by a lawyer, member of the association without legal personality LEGACITY, having its registered office at 1000 Brussels, Avenue Emile de Mot, 19 (BCE TVA BE 0552.761.428) (hereafter the « Lawyer ») to a client (hereafter the « Client »).

2. The association LEGACITY has no legal personality so that the contract aiming to advise, assist, represent or defend the Client is directly and exclusively entered into between such Client and the Lawyer consulted, excluding the other members of the association LEGACITY.

3. The consulted Lawyer will be able to ask for the assistance of one or more lawyers, members or not of the association LEGACITY who will work under the responsability of the consulted Lawyer.

4. The Client shall immediately inform the Lawyer, as complete as possible, of all the elements related to the facts for which he/she consults the Lawyer and shall communicate all the relevant documents in his/her possession. He/she shall inform the Lawyer of any new development or circumstances occuring during the course of the work.

5. The Lawyer shall clearly inform the Client of the conditions and limits of his/her mandate and, if applicable, provide a written confirmation, upon the Client’s request.

6. In case a Client – acting outside the frame of his/her commercial, industrial, artisanal or  liberal activity (hereafter the « Client-consumer ») – consults the Lawyer via the website or any other organised system of provision of services at distance within the meaning of Article 1.8, para 15 of the economic law Code, the Lawyer may only start the provision of his/her services upon the completion of the 14 calendar day legal period from the day the contract was entered into. If the Client-consumer wishes that the Lawyer starts immediately the provision of the services, the Client-consumer shall send a written request et acknowledge the lost of his/her withdrawal right. If he/she requests such immediate execution, and then uses his/her withdrawal right before the contract be duly executed, the Lawyer will invoice the Client-consumer for the legal fees and costs due at the time the lawyer has been informed of such withhold right prorata the services already provided upon information of the Lawyer of the use of his/her withhold right. A model of withdrawal in compliance with Annex 2 of Chapter XIV od the economic law Code, available here.

7. The Lawyer agrees to provide his/her best services and to execute his/her mission with diligence. He acts in the best interests of the Client with no guarantee of the expected result. He/she takes or proposes the relevant or useful  measures to guarantee the Client’s interests and keeps the Client informed of the file status. The Lawyer commits to perform his/her services within a reasonable period and, in case of a deadline duly agreed, to do reasonable efforts to respect such deadline. The Lawyer may not be responsible for exceeding a deadline imputable to the Client, third parties or in case of force majeure. With no need to draft a new document, the Lawyer’s mission may be adapted to the file’s status and to the Client’s will and instructions.

8. The Lawyer is bound to professional secrecy. The entire mails, opinions, acts of procedure…are sent by the Lawyer to the Client under the condition that the Client respects the secrecy and confidentiality thereof. The Client shall not transfer the content thereof to third parties without the Lawyer’s express, previous and written consent.

9. Advices, opinions, mails…of the Lawyer are protected by intellectual property rights and cannot be used or reproduced without the Lawyer’s express, previous and written consent. They are adapted to a Client and to a specific situation and may not be transposed to other situations or other persons without a new analysis from the Lawyer.

10. Both contractual and extra contractual responsibility of the Lawyer, as well as of all the lawyers working within the de facto association LEGACITY or on behalf thereof, for material or non-material damages (such as moral damage, loss of clientèle, production, time, data, commercial opportunities…) caused by the Client, is limited to the amount guaranteed by the professional liability Insurer of the Lawyer being, as at 16 January 2015, 1,250,000 EUR. This Lawyer’s professional liability is covered by a collective insurance policy subscribed by the Ordre des Barreaux Francophones et Germanophones (OBFG) pr the Orde van Vlaamse Balies (OVB) with Ethias Insurance company (mutual insurance company licensed under number 0165, having its registered office at rue des Croisiers, 24, 4000 Liège). The geographic coverage ofthe insurance is worldwide, except for liability cases subject to the law or jurisdiction of Canada and the United States of America.

11. The Client guarantees the Lawyer against any action of a third party in relation to the execution by the Lawyer of a mission on behalf of the Client, except in case of the Lawyer’s fault.

12. Unless otherwise agreed between the Client and the Lawyer, the latter invoices his/her services on the basis of an hourly rate transmitted upon the entering into relations, plus 7% covering administrative costs (without third party expenses and disbursements). The Lawyer may require payment of a provision prior to provide any services.

13. Each invoice is payable immediately and with no discount at the Lawyer’s office or on the relevant bank account. In case of absence of payment, default interests and additional compensation (which shall not be lower than 15% of the amount invoiced) provided by the law of 2 August 2002 relating to default of payment in commercial transactions are due from the date of the invoice and without formal notice. Payment or change expenses are borne by the Client. Any claim relating to an invoice shall be addressed to the Lawyer, by registered mail, within 8 days from the issue of the invoice. Failing such procedure, the invoice will be irrevocably considered as approved. If an invoice remains unpaid, the Lawyer will be able, by written notice or similar means (e-mail, fax…), to suspend ou cease any service for the Client, including for files which are not impacted by the unpaid invoice. If the invoice remains unpaid despite a reminder for payment, the Lawyer will be authorised to terminate his/her mission.

14. If, after hte entering into the agreement, unforeseeable or unexpected circumstances arise which make its execution more difficult or more expansive for the Lawyer, he/she may suspend or amend his/her obligations in due course.

15. Belgian law is applicable to the relations between the Lawyer and the Client. In case of litigation, courts of Brussels area will have jurisdiction without prejudice of mandatory provisions in profit of the Client-consumer and for the Lawyer to assign the Client before courts of his/her domicile or registered office.