General conditions of services provided by Françoise Carlier (2018 edition)
- Françoise Carlier – Françoise Carlier is an independent attorney at law, ( company registration number 0553.794.081). Her offices are situated Beatrijslaan 26, 3110 Rotselaar, Belgium. She is an attorney at the Bar of Leuven, Belgium, and subject to its deontological code of conduct.
- Scope of these General Conditions – By entrusting an assignment to Françoise Carlier and unless otherwise agreed, the client accepts the present general conditions without reservations, and acknowledges their precedence over any other regulation, unless of compulsory law or other agreement signed with the client.
- Assignment – Françoise Carlier and the client will endeavour to avoid existence of potential conflicts of interest and discuss these before starting cooperation with Françoise Carlier. She delivers all assignments within a reasonable timeframe and to the best of her abilities. All assignments will be handled according to the deontological rules of the Bar Association and will be kept strictly confidential. The client will be informed on a regular basis as to the execution of the assignment and its progress. Françoise Carlier can, when agreed upon with a client, appeal for the services of third parties (specialised lawyers or other experts).
- Know Your Client due-diligence – The anti-money laundering regulation is applicable to all attorneys at law and requires fulfilment of certain administrative enquiries, to be transmitted to the Dean of the Leuven Bar Association. Based on this, Françoise Carlier has the obligation to check the identity of the client. The client will provide Françoise Carlier at first request with all identification data required. This information will also be transmitted to the CTFI ( Belgian Financial Intelligence Processing Unit ). Françoise Carlier is not authorized by law to disclose the fact that such information was transmitted nor whether an investigation is underway.
- Assistance from the client – The client will provide Françoise Carlier with all information required to enable her to execute the assignment efficiently. The client is responsible for the accuracy, completeness, and trustworthiness of the transmitted information. If the client does not cooperate in a timely manner and according to the terms of service, Françoise Carlier will not be able to assist according to this agreement and in a timely manner. Françoise Carlier cannot be liable for any damage due to this lack of cooperation nor for possible delays caused by to the client, third parties or force majeure.
- Fees and charges – Françoise Carlier charges according to an hourly fee unless another calculation method has been agreed upon with the client. The hourly fee depends on the degree of specialisation required, expertise, urgency, the importance or the specificity of the case. Expenses advanced by Françoise Carlier will be charged at cost. General office expenses, transportation expenses, will be charged as a fixed percentage of 10% of the due fees. Every estimation of legal fees will be done on a bona fide basis but is to be considered as an estimation only and will not be binding. Françoise Carlier will inform the client in a timely manner in case real charges and fees exceed the original estimation.
- Invoicing and payment – Françoise Carlier invoices her services, exclusive of applicable VAT, monthly, unless another periodicity is justified based on the importance of the services rendered or the size of the amount to be charged. Each invoice will be accompanied by a detailed list of performances charged. The invoices of Françoise Carlier should be paid 14 days after invoice date, payable on the account number mentioned on the invoice. In case of late payment, the invoice amount will be increased, from date of written reminder, with (i) a late interest charge of 10% from date of invoice and (ii) an indemnity equal to 10% of invoice amount with a minimum of 125 Euro. Françoise Carlier, has the right, from date of written reminder, to suspend all further services, until all fees and charges have been settled. If the customer does not agree with the required advance payment or invoice, he should provide Françoise Carlier with a motivated written letter indicating disagreement within 8 days from reception date.
- Third-Party payments – All funds received by Françoise Carlier from third parties on behalf of the client should be credited on the Third Party account of Françoise Carlier (BE83 6304 3530 2515 003-0-065). Françoise Carlier can deduct amounts due to her by the customer from such payments. She will inform the client of the same in writing. Francoise Carlier will immediately transfer all amounts received from the client in favour of third parties to these third parties.
- Intellectual property rights – All intellectual property rights referred to in legal proceedings, contracts, advices and other documents issued by Françoise Carlier are the sole property of Françoise Carlier and cannot be used or reproduced without her explicit prior written consent.
- Liability – All commitments of Françoise Carlier and her colleagues (hereinafter called Françoise Carlier) are best effort obligations. Françoise Carlier is not liable for mistakes (including gross negligence, with the exception of fraud and misrepresentation). Such liability can only relate to written communication signed by herself. The responsibility of Françoise Carlier will in any case be limited to the amount of the maximum coverage of her professional liability insurance provided by Amlin Europe, such limitation being expressly accepted by the client. If and in as far as no payment can be made by the insurer on any grounds whatsoever, the liability of Françoise Carlier will be limited to the proven direct damage and limited to the amount of fees paid by the client to Françoise Carlier for the related services, with a maximum of 100.000 Eur. The responsibility of Françoise Carlier for damages due to her fault, which are not insured, is limited to an amount of 15.000 Euro per damage. Françoise Carlier is not liable for force majeure or defaults of clients, third parties and other experts, nor of indirect and/or non-proven damage incurred by the client or a third party.
- Data protection – Françoise Carlier respects the applicable legislation regarding data protection. The client has the right to review his personal data and correct or request for deletion of all false, irrelevant or incomplete information.
- Termination – The client and Françoise Carlier can, at all times, and without compensation, terminate the agreement between parties. In that case the client will compensate Françoise Carlier for all outstanding fees and expenses. Françoise Carlier will transmit all relevant documents to the client at first request.
- Applicable courts and jurisdiction – In case of dispute between Françoise Carlier and the client, the courts of Leuven will have exclusive jurisdiction and the laws of Belgium are applicable. Each claim expires if not introduced within one year after the occurrence of the cause at its origin.