Legal information

General conditions

1. General – the Firm

Derycke & Vandenberghe Advocaten is a partnership with its registered office at Vrijheidslaan 27, 9000 Ghent, with enterprise number 0841.928.623 and with VAT number BE0841.928.623 (hereinafter referred to as the ‘Firm’). All partners, associates and trainees at the Firm (hereinafter referred to as the ‘the lawyers at the Firm’) are lawyers in Belgium and are registered with the Bar Association of Ghent.

2. Scope of application

These general terms and conditions (hereinafter referred to as the ‘General Terms and Conditions’) apply to all services rendered by the Firm to any natural person or legal entity engaging the Firm or using its services (hereinafter referred to as ‘Client’). Unless otherwise agreed in writing, the Firm is the sole contracting party for Client, even if Client only has contact with one or more specific lawyers at the Firm.

The General Terms and Conditions are an integral part of the contractual relationship between the Firm and Client and apply as a framework agreement, not only to Client’s initial engagement of the Firm, but to all subsequent engagements, unless otherwise agreed in writing.

If there is a conflict in between these General Terms and Conditions and Client’s terms and conditions, these General Terms and Conditions will prevail over any other general terms and conditions of Client, unless otherwise agreed. Derogations of this kind must always be express and in writing and will only replace the provision(s) from which they deviate; they will not affect the other provisions of the General Terms and Conditions and the other provisions will therefore continue to apply in full.

The contract between the Firm and Client comes into force on commencement of the services rendered by the Firm, i.e. when Client entrusts the engagement to the Firm or one of its lawyers. Client will be deemed to have accepted the General Terms and Conditions unconditionally, unless he/she explicitly states his/her disagreement with them in writing within eight (8) calendar days of commencement of the contract.

3. Subject of the service provision

The services provided by the Firm may include providing advice, assistance in negotiations, drafting of contracts, assistance in disputes before all courts in Belgium when acting as mandatory.

The parties will agree on the exact subject of the Firm’s services on commencement of the contractual relationship and/or when entrusting engagements, new or otherwise, to the Firm, and they may extend and/or modify the subject at a later date by a mutually agreed decision, where relevant. Client agrees that determining the exact scope of the services and the possible extension(s) and/or modification(s) of the services may have no prescribed form and, as a result, may be apparent inter alia from correspondence between the Firm and Client, from the tacit or otherwise acceptance of an engagement or through payment of invoices.

The services rendered by the Firm are subject to a best-efforts obligation, unless otherwise expressly agreed in writing or unless the specific nature of the engagement entrusted incontrovertibly proves otherwise. The Firm’s liability will be assessed accordingly.

4. Contracting party – Implementation of the contract

The Firm will delegate or redelegate the services or certain parts of the services internally among its lawyers, unless Client expressly objects.

On commencement of the contract and if necessary during the performance of the contract, Client undertakes that it will give the Firm – in good time – all information that is useful or necessary or that Client may reasonably assume (after receiving the information provided by the Firm on the services to be provided) may be useful to the Firm for rendering the best-possible service. Furthermore, Client will give the Firm all information that it requests. Client warrants the correctness, completeness and trustworthiness of the information he/she provides. The Firm cannot be held liable in any way for any damages resulting from incorrect or incomplete information provided by Client.

If, after several requests, Client fails to provide the requested information mentioned above within a reasonable period of time, the Firm reserves the right to suspend the performance of the contract and invoice the services already rendered.

5. Relying on third parties

The Firm reserves the right to rely on one or more third parties if it is necessary or at least useful to perform the services requested by Client. If Client has a preference concerning which third party should be engaged, he/she must inform the Firm in good time.

The Firm cannot be held liable for any services, acts and/or omissions of any third party involved in the provision of the services.

6. Fees

The Firm will charge Client for its services, administrative costs and any costs advanced periodically or per engagement by way of an invoice. The Firm reserves the right to charge a commission pending a final detailed invoice. The foregoing does not affect the Firm’s right to request advance payments for services yet to be rendered and costs yet to be incurred. If the services that the Firm provides the Client and services invoiced by the Firm are entirely or partially in favour of another person, it will be Client’s responsibility to charge this person appropriately for the relevant services and the corresponding amount.

The invoice will in principle be divided into the following posts: (1) fees and (2) costs. Further details of the services rendered and costs incurred will be sent to Client immediately on request. In addition, if the amounts are subject to VAT, VAT will be added to both amounts at the applicable VAT rate, which is 21% as it stands today.

The Firm charges its basic fees according to hourly rates, which vary depending on which lawyer handles the case. The applicable hourly rates can be requested free of charge. The Firm is entitled to adjust the hourly rate generally or for certain lawyers every six months. The following aspects may justify an additional fee: the importance and nature of the case, the favourable outcome, the urgency or specificity of the engagement, and the experience of the lawyer handling the case.

General administrative costs are not charged. Specific costs or exceptional administrative costs will be charged separately. For instance, the costs that the Firm has advanced to third parties whose services it has relied on in accordance with the General Terms and Conditions will be charged as a costs item on the basis of the actual costs incurred.

If Client does not agree with the invoice, he/she must lodge an objection in writing, stating the reasons, within eight (8) calendar days of the date that the invoice is sent. Unless otherwise agreed in writing, all invoices are payable within thirty (30) calendar days of the date that the invoice is sent.

7. Default of payment

Unless Client is a consumer in the sense of the Belgian Code of Economic Law, he/she will be liable from the date that invoice becomes due and payable, by operation of law and without notice of default, for default interest calculated at the rate specified in the Act of 2 August 2002 on combating late payment in commercial transactions, plus a fixed compensation equal to ten percent (10%) of the principal sum, without prejudice to the Firm’s right to recover all litigation costs from Client if there are judicial collection costs. If this is the case, the Firm is entitled to either suspend the performance of its services, without notice of default, until all amounts owed have been paid in full, or to terminate the contract with Client with immediate effect. The Firm disclaims liability for any damages arising from the suspension of its services or the termination of its contract with Client.

If, on the other hand, Client is a consumer in the sense of the Belgian Code of Economic Law, he/she will be liable, in case of non-payment within a period of fifteen (15) calendar days after being served with a notice of default, to pay default interest of six percent (6%) per annum plus a fixed compensation equal to ten percent (10%) of the principal sum, without prejudice to the Firm’s right to recover all litigation costs from Client if there are judicial collection costs. In addition, if this is the case and if Client fails to act within a period of fifteen (15) calendar days after the Firm has sent a notice of default, the Firm is entitled to either suspend the performance of its services until all amounts owed have been paid in full, or to terminate the contract with Client with immediate effect. The Firm disclaims liability for any damages arising from the suspension of its services or the termination of its contract with Client.

If the Firm represents the interests of several Clients in a particular case, all of these Clients are jointly and severally liable to pay the fees and costs related to that case (plus the surcharges and additional costs mentioned above, if applicable), regardless of which Client the Firm prepares the invoice in question for.

8. Third party funds

Unless instructed otherwise by Client, the Firm will transfer all amounts received on behalf of Client to Client as soon as possible. If the Firm is not able to transfer these amounts within a short period of time, it will inform Client that it has received the amounts and give Client the reason why it cannot/will not remit the amounts as yet.

The Firm reserves the right to withhold sums from the amounts it receives on behalf of Client to settle amounts that Client still owes it at that time.

If the Firm receives amounts from Client on behalf of a third party or third parties, it will pay these amounts to the third party or third parties as soon as possible.

9. Liability

In the first instance, Client can only hold the Firm liable if there is an attributable breach of contract in the performance of its services, including due to professional misconduct on the part of the lawyers at the Firm, who perform their services in the name and on behalf of the Firm. If Client is permitted by law to hold one or more of the lawyers at the Firm accountable, all the provisions of the General Terms and Conditions will apply to them.

The professional liability of the Firm and, if applicable, the lawyers at the Firm is limited to the amount effectively covered by its professional indemnity insurance. Client is entitled to examine the cover offered by the insurances taken out immediately on request.

All the lawyers at the firm are insured for their professional liability under a group insurance policy taken out by the Bar Association of Ghent with Amlin Insurance SE (as the lead insurer), with its registered office at Boulevard du Roi Albert II 37 in 1030 Brussels, and with co-insurers Zurich Insurance plc, Belgium Branch and KBC Verzekeringen N.V., with its registered offices at Da Vincilaan 5 in 1930 Zaventem and at Professor R.Van Overstraetenplein 2 in 3000 Leuven respectively. This insurance applies to the consequences of acts committed throughout the world, for work that the insured parties carry out from their offices in Belgium, subject to the exceptions and clarifications included in the policy. This guarantee is limited to EUR 2,500,000 per claim, and there is a policy excess of EUR 2,500 per claim. For trainee lawyers (“advocaat-stagiairs”), this policy excess amounts to EUR 1,250 per claim and EUR 300 for cases appointed by the Belgian Legal Aid Office (for trainee lawyers as well as those on the Bar’s list of lawyers who may practise their profession in Belgium (“tableau-advocaten”). Client can always obtain a copy of these and other professional insurance policies taken out by the Firm or one of the lawyers at the Firm by submitting a written request.

This professional indemnity insurer offers territorial cover for the consequences of acts committed throughout the world, for work that the insured parties carry out from their offices in Belgium. However, claims brought against the insured in the USA or Canada, or under the laws or jurisdiction of the USA or Canada, are not insured.

If the professional indemnity insurer cannot pay out a claim, regardless of the reason, the liability of the Firm and of the lawyers at the Firm is in any event capped at twice the amount of the fees charged, up to a maximum of EUR 50,000.

The aforementioned limitations of liability of the Firm and of the lawyers at the Firm apply unless otherwise required by mandatory law.

Client accepts the insurances, both ordinary and professional, of the Firm and the lawyers at the Firm as being adequate. However, if Client requires the Firm or one of the lawyers at the Firm to take out an additional insurance contract, the Firm and Client must reach an agreement in this respect in advance. Unless otherwise agreed, Client will bear the costs of the premium for this additional insurance contract and these costs will be charged to him/her.

The limitations of liability provided for in this article will always be interpreted in the sense that they are legally valid. If a limitation of liability provided for in this article is not legally valid in certain hypotheses, hypotheses of this kind will be deemed not to be the intention.

10. Termination

Client and the Firm are both entitled to terminate the contract at any time with immediate effect and without giving reasons. If Client is a consumer in the sense of the Belgian Code of Economic Law, the Firm is only entitled to terminate the contract subject to a notice period of fifteen (15) calendar days. The notice of termination must always be given in writing. In that case, Client is obliged to pay for all work performed and costs incurred up to the date of termination of the contract.

The Firm disclaims liability for any damages arising from the termination of its contract with Client.

After completion of each engagement, the Firm will archive the file and keep it for a period of ten (10) years. Once this period has lapsed, the Firm will destroy the file.

11. Intellectual property

The contracts, opinions, reports, procedural documents, written documents, statements of case and other documents prepared by the Firm are subject to professional confidentiality and are intended for the exclusive use of the addressee(s). Regardless of the form or medium in which the result of the Firm’s services is transferred, this is done exclusively for Client’s benefit and information.

Client undertakes not to copy, cite or disclose any of these documents, either entirely or in part, except for internal use, without the prior written permission of the Firm or one of the lawyers at the Firm, unless required by law or a competent regulatory authority.

12. Data processing

The Firm collects and processes Client’s personal and other information for the purposes of client management (i.e. client administration, invoicing, monitoring of collection files) and to combat money laundering and the financing of terrorism, in accordance with the Act of 18 September 2017 on the prevention of money laundering and terrorist financing and on the restriction of the use of cash (hereinafter referred to as ‘the Act’). In the context of the application of and compliance with the Act, Client must provide all data and information requested by the Firm or one of the lawyers at the Firm.

The Firm collects and processes Client’s data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. To the extent possible, the Firm will take appropriate technical and organisational measures to protect personal data against unlawful and accidental loss, destruction or access to the data. Client does, however, acknowledge that the transmission of personal data via the internet is never without risk. Consequently, Client acknowledges and accepts that any damages he/she may suffer as a result of the unlawful use of personal data by third parties who have not been authorised to do so can never be recovered from the Firm or any of the lawyers at the Firm, except in case of fraud, or deliberate or grave error. Subject to proof of identity, all data subjects have right of access to the personal data concerning him or her and, where applicable, right to rectification of incorrect data and right to erasure of certain data (if justified).

13. Language of the General Terms and Conditions

If there are versions of the General Terms and Conditions in various languages, the provisions of the Dutch version will prevail if there is any ambiguity or contradiction between the various versions.

14. Invalidity – unenforceability

If one or more provisions of the General Terms and Conditions should be void, invalid or unenforceable, this will not affect the validity and enforceability of the other provisions of the General Terms and Conditions. The parties undertake to immediately replace any void, invalid or unenforceable provisions in mutual consultation with a provision that approximates the purport of the original provision as closely as possible.

15. Applicable law and choice of forum

The General Terms and Conditions are governed by the laws of Belgium and, insofar as applicable, by and in accordance with the applicable rules of deontology.

Any disputes arising between the Firm and Client(s) in connection with the contract will be submitted to the competent courts in Ghent.