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Legal information

Kantoor

General conditions

Scope of application

  1. The general conditions apply to each service performed by partners, associates and trainees of the civil partnership (burgerlijke maatschap) Derycke & Vandenberghe Advocaten (hereinafter “the Partnership”). Differing conditions can only be agreed in writing.
  2. These general conditions are deemed to be accepted by the client of the Partnership, on the moment that the assignment is entrusted by the client to one or more lawyers of the law firm.
  3. The client provides all necessary information and documents to the Partnership and is responsible for the accuracy, completeness and reliability of the information provided by him/her.
  4. The client and the Partnership may terminate the collaboration at any time, without any compensation and without this termination of the collaboration affecting the fact that the services performed and incurred costs must be compensated.

Fees

  1. The Partnership charges its base fees according to billable hours, varying in function of the lawyer working on a case. The fee rate can be requested free of charge. The Partnership has the right to adjust all the base fees or the base fees for particular lawyers on a half yearly basis. The following elements can justify an additional fee: the importance of the case, the favourable outcome, the urgency or the particularity of the task.
  2. No general administrative costs will be charged. Specific costs or exceptional administrative costs are charged separately. The fees of bailiffs’ emoluments and the fees and costs made by them, and court fees are billed separately to the client.
  3. The services are charged periodically. They can also be requested in the form of retainers in anticipation of a detailed statement. The foregoing does not affect the law firm's right to ask for advances for services or costs which have yet to be performed or incurred.
  4. Unless otherwise agreed, the fee and retainer statements are payable within a period of thirty days after the date of sending.
  5. In case of applicability of the law of August 2nd 2002 regarding the penalizing of payment delays (Wet van 2 augustus 2002 betreffende de bestrijding van de betalingsachterstand) the client shall ipso jure owe late-payment interest calculated in conformity with this law. In every other case a late-payment interest of 7% on yearly basis will be charged.
  6. If the client does not pay within the payment period, the Partnership may suspend its activities, after the client has been notified thereof, without being liable for any damage which should occur as a result.

Professional liability and insurance cover

  1. The professional liability of the partners, associates or trainees is limited to the amount that is effectively covered in application of the professional liability insurance. The client may, at first request, take cognizance of the coverage that is granted by the insurance policies taken out. The professional liability of the partners, associates and trainees is insured via a policy subscribed by the Order of Flemish Bars for the benefit of the lawyers of this Order. The professional liability of the partners is insured in second degree, and, as the case may be, in third degree.
  2. The professional liability insurer covers territorially the consequences of acts committed in the entire world, for activities of the insured done from the office of the Partnership, located in Belgium. Are not covered: the claims filed against the insured in the US or Canada, or under the legislation or competence of the US or Canada.
  3. If, for whatever reason, no benefit can be paid out via the professional liability insurer, the liability of the partners, associates or trainees is in any case limited to at most two times the fees charges, with a maximum of 50,000.00 EUR.

Site

The Partnership cannot be held liable for any damage arising or resulting from any direct or indirect use of the site or the use of information made available on or via the site. Derycke & Vandenberghe Advocaten is also not liable for any damage arising from damage resulting from eventual interruptions of the site, for damage caused by technical errors, even if the error is qualified as a serious fault (zware fout) under Belgian law or caused by viruses or any other disturbing element, or, from the consultation or the use of the websites (e.g. via links) referred to on or via the site or the information available on the former. Nor is the Partnership liable for electronic communications via the site, e.g. e-mails, delays, interceptions or manipulation by third parties of those communications. Any use of this information is therefore completely at your own risk. Consequently, you are liable for any of your choices or decisions made based on the information available on or via the site. You need to take all reasonable precautions to prevent your equipment from being harmed by viruses, bugs, Trojan horses, etc. The partnership does not guarantee any compatibility of your equipment with the files being part of or present on the site, or any accessibility of those elements.

Applicable law and competent authorities

  1. If one or several clauses of the general conditions should prove to be invalid, this invalidity will not affect the validity and enforceability of the other conditions.
  2. These general conditions are governed by Belgian law, and in so far applicable, by and with respect for the applicable deontological rules.
  3. Only the Dutch text of the general conditions is binding for the parties. The English version is purely indicative.
  4. Any disputes shall be resolved by the Courts of the District of Ghent (gerechtelijk arrondissement Gent).
© 2012 Derycke & Vandenberghe Advocaten