Terms and Conditions

Pursuant to Article III-74 of the Code of Economic Law, the following legal information is provided to the customer prior to the provision of services:

1.1. The client entrusts the lawyer with the defense of his interests in the context of an assignment to advise, assist, negotiate, defend or represent him before courts, tribunals, tax authorities or bodies before which the client is invited to appear. The precise purpose of the lawyer's mission is defined, depending on the circumstances, in the legal information sheet issued by the lawyer at the beginning of the contractual relationship with the Client, in an "engagement letter" or in any other communication between the lawyer and the Client. If necessary, the lawyer will inform the client about the particularity of the case the client is submitting to him, about the exercise of the mission as the lawyer evaluates it, so that the client can get a clear picture of the lawyer's missions. Any modification of the mission during the course of the case must be the subject of prior information and receive the express agreement of the Client. 1.2. The lawyer's mission includes all services useful to the defense of the client's interests. 1.3. The lawyer acts with diligence, in compliance with the legal rules as well as the rules of ethics and courtesy applicable, in particular, between lawyers.

Unless the lawyer and the Client have agreed otherwise on the time frame for the execution of the assignment, the assignment shall commence when the Client and the lawyer have agreed on the subject matter of the assignment, the financial terms of the assignment and the application of these general conditions to the contract. If the lawyer has to act before the client's consent, the lawyer will send the client the conditions and the rates as soon as possible. Any modification of the mission during the course of the file must be the object of prior information and receive the express agreement of the Client. 1.2. The lawyer's mission includes all services useful to the defense of the client's interests. 1.3. The lawyer acts with diligence, in compliance with the legal rules as well as the rules of ethics and courtesy applicable, in particular, between lawyers.

3.1. The lawyer's mission is to advise, assist and represent. In each case, unless the Client has exempted him, the lawyer informs him in a precise manner, on the basis of the facts communicated to him and the current state of the law, of the different outcomes that the dispute may have within the framework of a mission of assistance or representation. In any case, the lawyer implements the most useful and effective means to meet the interests of his Client. 3.2. The client undertakes to inform the lawyer spontaneously and as fully as possible of all the elements relating to the facts and useful documents in connection with the object of the mission entrusted to the lawyer. This obligation to communicate information and documents will continue throughout the execution of the mission, according to the developments of the file. The Client thus undertakes to communicate to the lawyer, without delay, all new documents and information related to the case, which come to his knowledge. 3.3. The lawyer will keep the Client informed of the progress of his case. When the lawyer intervenes in the context of a procedure, he will specify the progress of the proceedings, provide the dates of the relevant hearings and the documents and arguments raised by the opposing party or parties. To the extent necessary, he will make a brief report of the hearing as soon as possible. As soon as the decision is rendered, the lawyer will transmit it to the Client and inform him of the scope of the decision and the possible exercise of the available means of appeal. 3.4. In the event of failure to provide information or communication of useful documents, transmission of inaccurate or incomplete information, or late delivery of the required information or documents, the party responsible for providing information is liable for the harmful consequences of this failure to provide information. 1.2. The lawyer's mission includes all services useful to the defense of the client's interests. 1.3. The lawyer acts with diligence, in compliance with the legal rules as well as the rules of deontology and courtesy applicable, in particular, between lawyers.

4.1 With the exception of correspondence from an attorney-at-law, correspondence from the attorney-at-law to the client, to another attorney-at-law or to the authorities of the Bar Association is, as a rule, confidential. 4.2. If the client comes into possession of confidential correspondence, he undertakes to keep it confidential, not to pass it on to third parties and not to use it either within or outside the professional relationship with the lawyer.

5.1. When the lawyer works in a partnership or group, the Client is informed and accepts that the mission is shared between the lawyers members of the partnership or group. 5.2. The lawyer is authorized to call upon, under his own responsibility, lawyers outside the firm for the execution of specific tasks of his mission. In this case, the client is clearly informed in advance of the role of this lawyer and the possible cost of his intervention. 5.3. The client agrees that the lawyer may choose the bailiff or translator he will call upon in the execution of his mission. In this case, the lawyer will inform the client of the role of this third party and will provide the client with an estimate of the cost of the intervention of this third party. 5.4. With regard to the use of other third parties, such as specialized lawyers, notaries, experts, technical consultants or accountants, the choice of the third party will be made by the lawyer after prior consultation with the client. In this case, the lawyer will only enter into a commitment with these third parties after the client has agreed on the quality and role of these third parties in the execution of the lawyer's mission and the cost of these interventions. Whenever possible, a separate agreement will be entered into either by the client directly with such third party or by the attorney with the third party, in which case the client will have given his express consent to such separate agreement. 5.5. The client undertakes to pay without delay the invoices sent to him for the payment of the fees and expenses of the third parties used by the lawyer in accordance with the preceding paragraphs.

6.1. Principes Au début de sa mission, l’avocat informe le Client de manière claire au sujet du mode de calcul de ses honoraires et des frais éventuels. Afin d’éviter tout effet de surprise au Client, l’avocat privilégie l’établissement d’une formule forfaitaire d’honoraire. Les prestations de l’avocat peuvent également être facturées au montant horaire de base. 6.2. Montant horaire de base Les prestations seront facturées, sauf accord sur une formule forfaitaire d’honoraire, au montant horaire de base fixée au début de la mission de l’avocat. Le montant horaire de base sera périodiquement actualisé, compte tenu de l’évolution des coûts. En cas d’actualisation, le Client sera tenu informé de cette adaptation. 6.3. Ajustement éventuel du montant horaire de base Le montant horaire de base peut être ajusté à la hausse et à la baisse en fonction de critères tels que l’importance de l’affaire, l’urgence du dossier, moyennant l’application d’un coefficient correcteur maximum de 50 %. Ce taux sera, par exemple, majoré en cas de demande d’intervention en urgence. Une intervention en urgence s’entend notamment de tout devoir impliquant des prestations après 19 heures, le week-end ou nécessitant une disponibilité immédiate (acte de procédure en urgence …). 6.4. Frais Les frais seront facturés sur base d’un forfait correspondant à 10% des honoraires. Les frais couvrent notamment les frais de fonctionnement du cabinet de l’avocat, l’ouverture, la gestion et la clôture du dossier, dactylographie et envoi de courriers, fax, e-mail, frais de téléphonie, photocopies, frais de déplacement et de parking, etc. 6.5. Débours Les débours exposés dans le cadre d’un dossier peuvent être les suivants, sans que cette liste ne soit limitative : droits de greffe, frais d’huissier, coûts administratifs de pièces d’état civil ou d’autres documents, honoraires d’un traducteur juré ou d’un expert-conseil, honoraires payés à un avocat extérieur au cabinet pour une prestation effectuée devant une juridiction hors arrondissement où le déplacement d’un avocat du cabinet ne paraît pas requise. Les débours ne donnent pas lieu à la TVA, sauf les frais d’huissiers. 6.6. Honoraires de résultat – Success Fee A la clôture du dossier et outre les honoraires visés ci-avant, en cas de succès complet ou partiel dans un litige, l’état de frais et honoraires de l’avocat sera augmenté d’un honoraire sur résultat sur base des montants récupérés ou des dettes évitées, en principal et intérêts, majorés des amendes, pénalités ou accroissements. La formule et le taux de cet honoraire de résultat seront fixés au début de la mission de l’avocat, et ce afin d’éviter au Client tout effet de surprise. 6.7. Provisions, décomptes, facturation, conditions de paiement et retard de paiement En vue d’étaler la dépense, l’avocat veille à solliciter le versement de provisions à valoir sur les frais et honoraires (et éventuellement les débours s’il en fait l’avance). La première provision couvre tout ou partie des prestations qui auraient été effectuées lors de sa demande, le solde éventuel étant réservé aux devoirs à exposer. Des demandes de provision seront ultérieurement soumises au Client, lorsque les sommes déjà versées sont épuisées ou viennent à épuisement. A la clôture du dossier un état définitif d’honoraires, frais et débours est dressé, mentionnant soit le solde restant dû, soit le trop-perçu à retourner au Client (pour autant que tous les montants dus par le Client aient été payés). Un ou des états intermédiaires pourront être établis à tout moment. Le Client accepte la facturation électronique. Les factures et demandes de paiement sont payables au comptant sur le compte du cabinet de l’avocat. Prélèvement sur compte de tiers : l’avocat est autorisé à prélever sur les sommes qu’il perçoit pour compte du Client toute somme qui lui reste due à titre de provision, honoraires frais ou débours, dans tout dossier dont il est chargé pour le Client. L’avocat informe le Client de ce prélèvement. En cas de non-paiement à l’échéance, les provisions et état de frais portent de plein droit et sans mise en demeure, intérêt au taux de 9 % l’an et le Client sera redevable des frais d’envoi recommandé et autres frais exposés pour recouvrer les montants dus. En cas de paiements échelonnés, le retard d’une mensualité entraine en outre l’exigibilité de la totalité des montants dus. L’avocat sera en outre en droit, sans que sa responsabilité puisse être engagée pour les conséquences qui en résulteraient, de suspendre ou mettre fin à son intervention dans les dossiers ouverts au nom du Client, si le Client demeure en défaut de payer à l’avocat les montants dont il lui reste redevable 8 jours après l’envoi d’un rappel. Ce rappel doit informer le Client du fait que l’avocat suspendra ou mettra fin à son intervention à l’expiration du délai de 8 jours.

7.1. The lawyer will spontaneously ask the client if he can benefit from the total or partial intervention of a paying third party (legal protection insurance, group, association, union, etc.). If such an intervention is envisaged, the Client will immediately inform the lawyer and will communicate to him without delay the precise coordinates of this paying third party as well as the conditions of its intervention (in particular the ceiling of intervention). 7.2. In principle, the lawyer will contact the third party payer to provide him with the necessary information so that the latter can assess the extent to which he should intervene. The lawyer and the client may, however, agree that the client will provide the information required by the third party payer. 7.3. The lawyer's invoices will be made out in the name of the client and forwarded to the third party payer. 7.4. The Client is, in any event, personally liable for the payment of the Attorney's fees, costs and disbursements, without prejudice to the Client's right to terminate the Attorney's engagement at any time. The Client is liable for payment of fees, costs and expenses in the event of refusal or failure of the third party payer or in the event of exceeding the ceiling of the third party payer. 7.5. The lawyer also draws the Client's attention to the fact that, even in the event of the intervention of a third party payer, he will have to, in his capacity as Client and principal of the firm, bear the amount of the fees and expenses not covered by the third party payer (exceeding the intervention ceiling, partial refusal of coverage, dispute by the third party payer of the hourly rate or the final method of calculation of fees or costs, exceeding the amounts provided for by or in application of Articles 8 and 11 of the Act of April 22, 2019 to make legal protection insurance more accessible, ...).

8.1. If an amount charged to the Client remains unpaid or if the lawyer does not receive information useful for the management of the file or if he does not receive the instructions he has requested, the lawyer will have the right, after giving notice, to suspend or interrupt any service. If the Client's omission persists despite a reminder, the lawyer may terminate his intervention.

8.2. When the lawyer suspends or interrupts his intervention, he will draw the Client's attention to the possible consequences of the suspension or termination of his intervention (e.g. current deadline). This decision to suspend or terminate the assignment shall be communicated within a sufficiently reasonable time to allow the Client to remedy these possible consequences.

8.3. The fees, costs and disbursements remain due to the lawyer until the suspension, interruption or termination of his mission.

9.1. The lawyer complies with his legal obligations regarding the identification of the client or his principal. The latter undertakes to provide spontaneously all documents allowing the establishment of the identity and authorizes the lawyer to take copies of them. The obligations of the lawyer and the Client arise from the laws and regulations and in particular from the provisions of the law of September 18, 2017 on the prevention of money laundering and terrorist financing, which applies in particular when the lawyer assists his Client in the preparation of specific operations such as: assisting the Client in the preparation or execution of transactions such as the purchase or sale of real estate or business enterprises; management of securities funds or other assets belonging to the Clients or its principal; opening or management of bank, savings or portfolio accounts; arranging the necessary contributions for the incorporation, management or direction of companies; incorporating, managing or directing trusts, companies or similar structures or intervening in the name and on behalf of the Client in any financial and real estate transactions. The information that must be required by the lawyer of his Client varies according to whether the Client is a natural person, a legal person or a representative. The client will inform the lawyer as soon as possible and spontaneously of any change and will provide him with proof of the change.

9.2. When the nature of the case (as defined in point 9.1) or when the particular situations provided for by the aforementioned law of 18 September 2017 (country of origin, difficulties of identification, unusual relationship between the Client and the lawyer or the nature of the operations, public figure or similar) impose on the lawyer an obligation of reinforced vigilance, the Client undertakes to answer any question from the lawyer enabling him to comply with his legal obligations in terms of the fight against money laundering and the financing of terrorism.

9.3. When the lawyer assists the Client in his legal defense or when he proceeds to the evaluation of his legal situation, the lawyer is bound to the strict respect of professional secrecy. It is specified that the law requires the lawyer to inform the President of the Bar as soon as he notices, outside his mission of legal defense or consultation relating to the analysis of the legal situation of the Client, facts that he suspects to be related to money laundering or terrorism financing. The President of the Bar will, if necessary, transmit the report of suspicion to the Financial Information Processing Unit (CTIF).

10.1. The Client is informed that the provision of services with a cross-border aspect may fall within the scope of the law of 20 December 2019 transposing Council Directive (EU) 2018/822 of 25 May 2018 amending Directive 2011/16/EU as regards automatic and obligatory exchange of information in the field of taxation in relation to reportable cross-border arrangements (hereinafter: "DAC 6"). On the basis of DAC 6 and articles 326/1 to 326/10, CIR 92, each intermediary who intervenes from July 1, 2020 onwards may be required to declare a construction that he advises when it qualifies as a "cross-border scheme" within the meaning of article 326/1, 1°, CIR 92. 10.2. This legal obligation to declare is waived when the intermediary is bound by professional secrecy organized by law (including lawyers) and intervenes in the analysis of the taxpayer's legal situation or in the defense of his rights in the event of litigation. The reporting obligation in question concerning the "cross-border device" will then pass to another intermediary or, failing that, to the Client, who will be informed by the lawyer. 10.3. The Client is aware of this legal reporting obligation and accepts the application of this legal regime to him. If it turns out that the lawyer cannot declare on the grounds of professional secrecy and that no other intermediary declares, the client must take the necessary steps himself. In neither case can the lawyer be held responsible for the absence of a declaration or for any irregularity concerning this declaration. If necessary, the Client may mandate the lawyer to make the declaration on behalf of the Client. The terms of this additional service will then be agreed upon.

If, in the course of the performance of the assignment specified in the information sheet or in the letter of engagement, or in any other communication between the lawyer and the Client, the lawyer commits a fault which causes damage to the Client, the lawyer's obligation to compensate for this damage is, by express agreement between the Client and the lawyer, limited to the maximum amount of the lawyer's professional liability insurance.

12.1. End of the contract The Client may terminate the lawyer's engagement at any time by informing him in writing. However, when the lawyer's mission is part of a subscription, or a regular succession of cases, the lawyer can negotiate with the Client a notice period or a compensatory indemnity. The lawyer may also terminate the contract at any time by informing the client in writing. When circumstances so require, the lawyer will, on the one hand, take the necessary precautionary measures and, on the other hand, allow a reasonable period of time for the client to organize his defense. 12.2 Storage of records The lawyer will electronically keep the archives of the file entrusted by the Client for a period of five years from the date on which : the Client has terminated the lawyer's intervention the lawyer has terminated his intervention; the file is closed by the completion of the mission entrusted to the lawyer. This preservation concerns the correspondence and the main procedural documents, as well as the substantive documents that have been entrusted to the lawyer, without prejudice to the lawyer's right to return these documents to the Client. For files subject to the law of September 18, 2017 on the prevention of money laundering and terrorist financing, the retention period for archives relating to the identification of the Client is extended to ten years. At the expiration of the five or ten year period, the lawyer may destroy all the documents in the file, without exception, after informing the Client in writing, giving him a reasonable period of time to recover the documents. It is therefore up to the Client, if he so wishes, to ask the lawyer to return all or part of the documents in the file before the expiry of the five or ten year period. The documents are returned to the lawyer's office.

The Client's data is collected and processed in accordance with the RGPD, and the Client gives his consent to the use of this data in the context of the processing of the case and the fulfillment of the Lawyer's obligations. The Client agrees that the Lawyer may send him legal information and information about the Lawyer's activities.

The contractual relationship between the lawyer and the client is governed by Belgian law. Only the courts of the judicial order in the jurisdiction of the lawyer's office are competent.