- SCOPE
1.1. These general terms and conditions are applicable to all services provided by & DE BANDT ATTORNEYS CS, having its registered office at Ijzerlaan/Avenue de l’Yser 19, 1040 Brussels, Belgium, and with company number 0893.065.340 RPR Brussels, hereinafter referred to as “we” or “our”.
1.2. As soon as a client makes use of our services, he is deemed to be familiar with these terms and conditions and to accept them without reservation. Any conflicting client general terms and conditions are only applicable where they have been expressly accepted by us in writing.
1.3. If desired, we are prepared to enter into a specific agreement for a particular matter or matters, setting out the terms of our intervention. Agreements that deviate from one or more provisions of these general terms and conditions shall only replace those provisions from which they deviate. The remaining provisions shall remain applicable in full.
- OUR COMMITMENTS
2.1. Our main objective is to provide the highest quality legal services, in the most efficient manner, and in close cooperation with our clients.
2.2. We also aim to inform our clients, in a transparent manner, about the determination of our fees and expenses and the payment terms for our statements of fees and expenses.
- DETERMINATION OF OUR FEES
3.1. Our fees are based primarily on the amount of time spent on the matter by our lawyers and, in some instances, by in-house personnel or paralegals. Each of our lawyers has a standard hourly billing rate, and this rate, multiplied by the number of hours spent on a project, is the initial basis for determining our fees.
3.2. The aforementioned basic amount may be reduced or increased taking into account other characteristics of the case, such as the economic interest at stake, the uniqueness or complexity of the problems encountered when handling a case, as well as the professional expertise required. Also taken into account is the extent of responsibility involved, the priority given to our work, the efficiency of our work, the customary fees for similar legal services, the result that is obtained and other appropriate factors that will enable us to arrive at a fair fee under the circumstances.
3.3. The basic hourly rates (exclusive of VAT) of our lawyers are as follows:
Partner 320 to 450 EUR
Counsel 250 to 350 EUR
Associate 195 to 275 EUR
Paralegal / Assistant 80 to 150 EUR
3.4. We review and adjust these basic hourly rates on a periodic basis.
3.5. If desired, we can provide an estimate in advance of the anticipated fees in a given case. However, it should be noted that such an estimate is inevitably based on a number of unknown variables and it is very difficult, if not impossible, to predict with certainty the scale and complexity of the work that will have to be done. Nevertheless, we remain open to any suggestions that may contribute to further improving the transparency and predictability of our fees.
- DETERMINATION OF OUR EXPENSES
4.1. On top of our fees, we also charge expenses to administer the files (“office expenses”).
4.2. Office expenses charged to clients cover a part of our operating costs, and are invoiced as a lump sum equal to 6% (exclusive of VAT) of the amount of our fees. The office expenses do not include special disbursements (e.g., travel and accommodation, and court fees) which are invoiced separately based on the necessary supporting documentation.
- STATEMENTS OF FEES AND EXPENSES
5.1. We provide periodic statements to our clients for work that has been performed on a matter, usually on a monthly basis but, where appropriate, or on request, at other intervals. Our fee statements are accompanied by a description of the services that were provided.
5.2. Our statements are due as of receipt. In case of failure to pay our statements promptly, interest of 10 % will be charged on a yearly basis. Additionally, such failure may force us to suspend or terminate our professional relationship.
5.3. For new clients, we normally require a retainer fee in advance of an amount sufficient to cover the initial work required on the case. A retainer may also be requested where a substantial amount of work is to be performed. Such retainers are subsequently taken into account when we draw up our final statement of fees and expenses.
5.4. Any dispute in relation to our statements of fees and expenses must be made in writing within 15 days of the invoice date. If not, the invoice will be deemed to have been irrevocably accepted.
- LIABILITY FOR OUR SERVICES
6.1. We are liable for our services according to the generally applicable rules of Belgian law, provided, however, that our liability shall, in all cases, be limited to the amount that may be paid out under our professional liability insurance policies. These insurance policies have been taken out with AG Insurance, Emile Jacqmainlaan 53, 1000 Brussels (Belgium), Ethias, Rue des Croisiers 24, 4000 Liège (Belgium) and MS Amlin, Koning Albert II laan 37, 1030 Brussels (Belgium). They provide worldwide coverage, subject to any specifications and exceptions contained therein.
6.2. We shall not, under any circumstances, be liable for any failure to meet deadlines as a result of the client, third parties or force majeure.
- OTHER CLIENTS AND CLIENT MATTERS HANDLED BY OUR FIRM
7.1. Unless otherwise agreed in writing, and to the extent that there is no direct conflict of interest, we are entitled to (continue to) represent the interests of our clients, both now and in the future, without the consent of other clients being required.
7.2. We assume that no direct conflict of interest exists when the representation of another client is not substantially and adversely related to the matters the firm is handling for your organisation, or where the firm's representation of either your organisation or another client involves issues unrelated to the representation of the other.
- PERSONAL DATA
Within the context of our services, we may process personal data of our clients, their employees or appointees. More information about this processing, including the applicable legal grounds and the rights of the data subjects, can be found in the Privacy and Cookie Policy on our website.
- DURATION AND TERMINATION OF THE AGREEMENT
9.1. Agreements are, in principle, of indefinite duration.
9.2. The client may terminate the agreement with our firm at any time by notifying us in writing. We will then provide our final statement of fees and expenses, where applicable, taking into account any work carried out up to the termination of the agreement. We will return all documentation for the case to the client on request.
9.3. We may terminate the agreement at any time by notifying the client.
- APPLICABLE LAW AND JURISDICTION
10.1. All agreements and any non-contractual obligations arising therefrom are subject exclusively to Belgian law.
10.2. Any dispute concerning the validity, interpretation, enforcement, performance or termination of the agreements shall be submitted to the exclusive jurisdiction of the courts of Brussels.