TERMS AND CONDITIONS
TERMS AND CONDITIONS OF SERVICES
(version 1 dated September 15, 2018)
1. Object of the service
1.1 Any agreement with “Mr. Franklin”, civil partnership in the form of a private company with limited liability, with registered office at Lieven Bauwensstraat 20, 8200 Bruges, with company number VAT BE0702.924.851, hereinafter referred to as “the office”, these general terms and conditions apply. The application of any conditions of the client are excluded.
1.2 The assignment is accepted and executed by the Firm, which is solely responsible for its execution, even if a client has given the assignment – expressly or tacitly – with a view to execution by a specific person who is part of the firm. The client accepts that the lawyers, employees and appointees of the firm do not enter into and have no obligation towards clients. With regard to the assignment, the client accepts not to make any (liability) claim against any lawyer, employee or appointee of the firm and irrevocably waives this.
1.3 The client undertakes to provide all relevant data and information, if necessary supported by documents. The client guarantees the correctness, completeness and reliability of such information and data, even if they are verifiable. The office provides its services exclusively for the benefit of the client. Third parties cannot derive any rights from the work performed and the results thereof. The Office makes every effort to carry out the assignment with the necessary professionalism.
2. Information and processing of personal data
2.1. The firm informs the client punctually about the execution of his assignment and about the progress of the handling of the case. The client provides the firm with all useful information punctually and throughout the duration of the assignment, if necessary at the request of the firm.
2.2. The client gives explicit permission to the firm to process all data necessary for the assignment, including special personal data in accordance with Article 8 GDPR and data regarding criminal convictions and offenses, in the context of this assignment for one or more purposes.
2.3. Your data will only be shared with third parties in the context of the performance of the assignment, such as the parties to proceedings, the court, bailiffs and government agencies. This enumeration is not exhaustive. Your data will be kept for a period that is necessary depending on the purposes of the processing and depending on the contractual relationship between the office and the client.
2.4. The office has taken security measures adapted at technical and organizational level to avoid the destruction, loss, falsification, modification, unauthorized access or inadvertent notification to third parties of personal data collected as well as any other unauthorized processing of this data.
2.5. The client has the right at any time to submit a request for inspection, correction, deletion, data transfer of his personal data or request for withdrawal of his consent or objection to the processing of his personal data to the office. The privacy policy of the office can be found at misterfranklin.be/privacypolicy.
2.6. The client can exercise his rights by contacting the office by email at the address dpo@misterfranklin.be or by mail to Mr. Franklin, Lieven Bauwensstraat 20, 8200 Bruges. You must always enclose a copy of your identity card with such a request.
2.7. The client has the right to submit a complaint to the Belgian Data Protection Authority, Drukpersstraat 35, 1000 Brussels, Tel +32 (0)2 274 48 00, Fax +32 (0)2 274 48 35, e-mail: _cc781905- 5cde-3194-bb3b-136bad5cf58d_contact@apd-gba.be
3. Recourse to third parties
3.1. In addition to the usual tasks performed in the law firm, the client agrees that the firm, under the responsibility of the latter, may call on other lawyers for the execution of specific assignments of his assignment.
3.2. If it is necessary for the execution of the assignment to call in a bailiff or a translator, the client leaves the choice of these to the firm.
3.3. The firm only calls on other third parties, such as civil-law notaries, experts or accountants, chosen in consultation with the client, with the explicit consent of the client.
4. Costs and Fees
4.1. The fee is the remuneration for the services provided by the office. The fee can be calculated either on fixed prices agreed in advance, or on the basis of a periodic subscription fee or on the basis of an hourly rate. Both the hourly rate and the subscription fee can be revised periodically by the office and are applicable from the date of the change. The fees of the office do not include (court) costs and expenses.
4.2. The (legal) costs and expenses are the costs that the office has had to advance to third parties, such as the bailiff, the registry, translators and public authorities. These costs are stated precisely and in detail in the statement of costs and fees. The court costs and expenses of the office are charged at cost price. The client may at any time request an overview of the hourly rates and fixed costs of the office applicable at any given time.
4.3. The agreed fee is always stated exclusive of VAT. Except if a law or a decree or administrative decision (circular or other) taken for its implementation provides for an exemption (including a transaction that falls outside the scope of VAT), the fee will be increased with VAT at the applicable rate (21%).
4.4. The office may request one or more advances before the start of the assignment and while the case is being handled. An advance is the fixed amount that the client pays to the office, prior to a detailed statement of costs and fees. In accordance with marginal number 93 of circular AAFisc no. 47/2013 (ET no. 0124.411) dated November 20, 2013, advances will be deemed to be 50% for costs that may be charged on outside the taxable amount of VAT become.
4.5. In the final statement of costs and fees, the advances are deducted from the total amount. In that case, a regularization will take place (plus or minus) of the VAT on the advanced costs, in accordance with the provisions of marginal 93, paragraph 2, of the aforementioned circular of 20 November 2013.
If there is reason to do so, the office can ask the client to pay a provision within the meaning of part 10 of the administrative decision ET 125.682/3 dated 18 April 2014 of the VAT administration. Provided that the four conditions listed therein are met, no VAT will be charged on such commission until so long and to the extent that the commission is not used by the office to fully or partially cover its statement of fees and costs.
4.6. The client pays the advances and the final statement of costs and fees of the office within fourteen days of receipt of the invoice. The office can determine a shorter payment term if this is necessary for the proper provision of services.
4.7. If the client does not agree with the requested advance or the final statement, he must protest this in writing within fourteen days of receipt.
4.8. After a reminder, either by letter or by e-mail, to pay the outstanding statement of costs and fees and in the absence of a justified protest, the the client owes interest on the outstanding balance by operation of law equal to the interest rate in accordance with the law on payment arrears in commercial transactions from the date of the reminder. In the event of late payment, the client also owes a one-off compensation for collection costs, equal to 10% of the overdue principal sum, with a minimum of 125.00 euros. In the event of non-payment, the office can suspend the service.
5. Third Party Money
5.1. The firm transfers all amounts it receives for its client within the shortest possible time to his7cf58d_cc781905-5cde-3194-bb3b-139-139-15cc19_cc -bb3b-136bad5cf58d_ client. If the branch cannot transfer an amount immediately, it will notify the client of the receipt of the amount and inform him of the reason why the amount is not transferred.
5.2. The office may deduct sums from the amounts it receives on behalf of the client to cover outstanding advances or statements of costs and fees. He informs the client of this in writing. This provision is without prejudice to the right of the client to contest the fee statements of the firm and to claim payment of these deducted amounts.
The fact that the office withholds outstanding advances or statements of costs and fees from such amounts does not alter the client's obligation to pay the VAT due thereon, through one or more separate payments to the office insofar as the third-party funds are in issue would be insufficient to pay the full amount of VAT due.
5.3. The office immediately transfers all amounts it receives from the client on behalf of third parties to these third parties.
6. Liability
6.1. The Firm is only liable for loss, damage, costs, expenses, claims arising in connection with the performance of the assignment (the “Damage”) suffered by the client as a result of gross negligence, gross error or fraud in the performance of the assignment . Under no circumstances is the Office liable for indirect Damage or consequential damage, including Damage suffered by third parties.
6.2. If it is established that the Firm is liable, its liability – both contractual and extra-contractual – is limited to an amount equal to three times the total fees paid by the client for the relevant assignment, without prejudice to what follows below. Any liability is in any case limited to an amount of EUR 250,000.00. However, if an applicable liability insurance covers higher amounts, the liability will be increased up to the amounts effectively guaranteed by the insurance company for the relevant claim.
6.3. If the firm is held accountable as a result of an error or negligence on the part of the Firm and third parties (including the client), the firm shall be liable at most for the Damage caused directly due to the error or negligence of the Office without being jointly and severally liable or in solidum with those third parties.
6.4. The firm is not liable for delays or defects in the performance of the assignment if this is due to circumstances beyond its will or control, including acts or omissions resulting from the failure of cooperation with the client or other parties, electronic breakdown or interruption of means of communication not attributable to it, strikes, or in general any situation that could not be foreseen or avoided at the start of the assignment.
6.5. Any claim against the Office must be instituted immediately under penalty of forfeiture. Any claim against the Firm will in any case lapse if no legal action has been brought within one year after the circumstance that gives rise or may give rise to liability is discovered, or could reasonably have been discovered.
6.6. Without prejudice to shorter periods under the law or these terms and conditions, all claims against the firm become time-barred two years after the end of the assignment in question.
6.7. The client shall indemnify the firm and the lawyers, employees and appointees against all third-party claims in connection with or arising from the assignment.
6.8. The aforementioned regulation does not apply in the event of fraud - unless fraud is committed by the employees of the firm - and applies insofar as and to the extent possible under Belgian law or deontological obligations.
7. Termination of the Agreement
7.1 The client may terminate the agreement at any time by notifying the firm in writing. The office will transfer its final statement of costs and fees to the client, taking into account its performance until the termination of the agreement. The office cannot ask for compensation.
7.2 On first request, the office will return the documents of the file to the client.
7.3 The office can terminate the agreement at any time by notifying the client in writing. For the determination of the moment at which he ceases his services, the firm must take into account the possibility for the client to obtain the necessary assistance from another lawyer in good time.
8. Governing Law and Disputes
Belgian law applies. All disputes fall under the exclusive jurisdiction of the judicial district of West Flanders, Bruges division.
Parties prefer to settle their disputes amicably. Prior to each procedure, they prefer to have the case summoned for an amicable settlement before the court or before a competent body at the Bar Association.