These general terms and conditions apply to the services (“Services”) provided by EQUI Law Firm bv/srl whose registered office is located at Square de MEEUS,35 in 1000 Brussels and registered with the CBE under number BE 1017.289.874 (“EQUI”) to any Client of EQUI (“Client”) in the context of an Assignment (“Assignment”) given by the Client to EQUI. They apply in addition to the special conditions that, if applicable, were agreed with the Client. In the event of a conflict between the general terms and conditions and the special terms and conditions, the special terms and conditions shall prevail, provided that they have been agreed in writing. The application of the Client's general terms and conditions is expressly excluded, regardless of the denomination of such general terms and conditions and the time at which they have been communicated to EQUI.
The Services includes any legal advice assistance, litigation or any other legal service under Belgian law, for and on behalf of the Client. The Services are provided solely by EQUI regardless of which lawyer within EQUI (“Lawyer”) performs the Services. The Client acknowledges and accepts that EQUI is entitled to assign the Assignment in whole or in part to another lawyer. The Client acknowledges and accepts that, in the context of an Assignment, EQUI can or must also rely on the Services or intervention of third parties, lawyers or not-lawyers such as bailiffs, notaries, accountants, technical advisors, translators, court administrations, etc. The Client accepts that all costs, remunerations, compensations or fees of third parties that occur in the context of an Assignment are to be borne by the Client and authorizes EQUI to accept contractual conditions, including limitations of liability with those third parties, for and on behalf of the Client.
EQUI and its Lawyers provide the Services exclusively for the benefit of the Client in accordance with the deontological rules of the bar association where the acting Lawyer is registered (www.barreaubruxelles.be, www.baliebrussel.be), the rules of the art and to the best of its ability. EQUI's commitments in this regard are best efforts obligations. EQUI never guarantees any result or fitness for a particular use in connection with the Services.
EQUI and its Lawyers provide the Services in accordance with the Law of 18 September 2017 on the prevention of money laundering and the financing of terrorism and on the restriction of the use of cash. In this context, EQUI is obliged to identify its Clients and keep supporting documents. EQUI reserves the right to suspend its Services in the context of an Assignment if the requested information is not provided by the Client or if the Client provides incomplete or incorrect information.
The Client undertakes to provide all data and information, supported by documents, if necessary, for the correct assessment and handling of an Assignment. The Client guarantees the accuracy, completeness and reliability of the information provided to EQUI by or on behalf of him. The Client will also promptly inform EQUI of any new facts and circumstances, of whatever nature, related to any Assignment and the execution of the Services. If such information is not provided in a timely and/or complete manner, EQUI is entitled to charge additional costs and/or to suspend the Services.
Unless otherwise agreed, Services are remunerated on the basis of an hourly rate (“Fees”), agreed with the Client at the start the Assignment. EQUI is also entitled to request down-payments in the form of provisions.
EQUI reserves the right to adjust its Fees, subject to prior notice and approval of the Client. In the absence of a contestation of the new Fee rate within 14 days of the written notification, the Client is deemed to have accepted the new Fee rate. Such adjustment of Fees is limited to once per calendar year.
Office expenses are charged at a flat rate of 6% of the total fees invoiced. Special or extraordinary costs and expenses that occur in the context of an Assignment, such as travel costs, necessary accommodation, etc. will be charged separately.
The Client will bear all costs and expenses owed to third parties and arising in the context of an Assignment, either upon direct payment to the concerned third party, or to EQUI, if EQUI has advanced these costs and expenses for or on behalf of the Client.
EQUI's Fees and costs are subject to VAT. All invoices are payable within 15 days of receipt by the Client. This also applies if a third-party payer has been appointed, for example an insurer.
In the event of full or partial non-payment of an invoice on the due date, late-payment interest and damages will be charged in accordance with the Law of 2 August 2002 on combating late payment in commercial transactions. Any invoice that is not disputed in writing and by substantiating the reasons within 15 days of receipt is considered as accepted and due by the Client.
EQUI transfers all amounts it receives for his Client to his Client within the shortest possible time. If EQUI cannot immediately transfer an amount, it will notify the Client of receipt of the amount and inform him of the reason for not transferring it. EQUI immediately transfers all amounts it receives from the Client on behalf of third parties to these third parties.
EQUI may withhold sums from the amounts it receives on behalf of the Client to cover outstanding costs and Fees. EQUI will inform the Client of this in writing. This clause does not affect the Client's right to dispute EQUI's Fee statements and to claim payment of the amounts withheld by EQUI.
EQUI and its Lawyers will treat all information and documents received by the Client confidentially and will not share them with third parties, unless such communication is necessary or useful for the interests of the Client in the context of the Assignment (e.g. for legal memo’s, contracts, written arguments, exhibits, etc.). At the end of the Assignment, the documents are returned to the Client on first request; a copy maybe kept and archived for the legal period.
EQUI processes the personal data of its Clients in accordance with its legal obligations and its privacy policy, which can be consulted at www.equilaw.be.
All intellectual property rights relating to documents, exhibits, tools, memo’s, written arguments, diagrams, presentations, etc. made or created by EQUI in the context of an Assignment or otherwise and communicated to the Client, be it in tangible or intangible form ( “Works”), are the exclusive property of EQUI. The Works are reserved for the exclusive use of the Client and can only be used as part of the Assignment that he/she has entrusted to EQUI. Unless permitted in writing by EQUI, the Client acknowledges that the Works cannot be used by third parties, including family members and affiliated companies. Third parties will not be able to rely on it and EQUI nor its Lawyers are in any way liable to third parties.
EQUI or its Lawyers are not liable for (i) damage caused by unauthorized use of the Services and works, for example by third parties, (ii) for the defective functioning of communication systems, electronic or other (e.g. mail - or other delivery Services), (iii) information provided on its website, (iv) services and performances of third parties (e.g. third-party lawyers, notaries, bailiffs, translators, etc.) or (v) for legal consequences or obligations to foreign legal systems (other than Belgian law), especially the law of the United States of America and Canada.
EQUI and its Lawyers are insured for their professional liability by an insurance policy taken out by the bar where they are registered (collective policy taken out by the French-speaking and Dutch-speaking bar associations of Brussels).
Unless otherwise agreed in writing, the liability of EQUI and its Lawyers is always limited to the amount covered by one of the professional liability insurance policies referred to in the previous paragraph. If - and to the extent - no compensation can be paid under the above-mentioned insurances, the liability of EQUI and its Lawyers is limited in principal, interest and costs, to the amount of the Fee paid by the Client for the Services provided by EQUI in the context of the Assignment that gave rise to liability, with a maximum of 25.000 euros. In any case, any right to compensation shall lapse if the claim is not submitted to the competent authority within one year after the moment at which the Client knew or reasonably should have known of the facts on which the liability claim is based.
EQUI or the Client may terminate an Assignment or collaboration at any time and without compensation, without prejudice to the Client's obligation to pay the Fee for Services provided and costs incurred. Termination by EQUI may not occur untimely and may not jeopardize the interests of the Client, provided that the Client has paid all due invoices. EQUI will return the documents in the file to the Client upon first request.
In the event that the Client benefits from legal expenses insurance, the Client will immediately report this to EQUI. The Client accepts that Fees that exceed the maximum amount of coverage or that legal expenses insurance or that are rejected by the insurer will be charged directly to him.her.
The nullity, invalidity or unenforceability of one or more provisions of these general terms and conditions does not affect the validity and enforceability of the other provisions and does not lead to the nullity of any other agreement concluded with the Client. If necessary, EQUI will ensure that the void, invalid or unenforceable provision is replaced by a valid provision that reflects as closely as possible the intent of the invalid provision.
The Services are subject to Belgian law, including the applicable deontological rules of the local Bar Association. In the event of disagreement, the parties will always endeavor to reach an amicable solution, if necessary, by invoking the special dispute settlement procedure as determined by the local Bar Association. Disputes that cannot be settled amicably or through the dispute settlement procedure of the local Bar Association will be brought exclusively before the courts of the judicial district of Brussels.
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