CONDITIONS GENERALES – MARS 2022
TERMS AND CONDITIONS – MARCH 2022
Une version en langue française est disponible sur demande.
Les présentes conditions générales sont présumées acceptées à défaut de demande de version française dans les 48 heures de leur communication.
The present Terms and Conditions apply to all services rendered by all attorneys of the law firms Lexial and Ruchat Lexial and is the foundation on which the firm bases its relationships with its Clients. Unless the latter request to have these terms and conditions provided in another language, this English version is presumed to be accepted within 48 hours as from communication to the Client. These Terms and Conditions constitute an Agreement between the Lexial and the Client.
- Broad framework
In compliance with Article III.74 of the Belgian Code of economic law and French law, here is some legal information with regards to Lexial: Lexial operates as a company of limited liability under French law, which head office is at 26 avenue de Messine, 75008 Paris, France, devoted to the exercise of the legal profession, registered in commerce court of Paris under number 49822602600017. The company has a Belgian branch located at rue Montoyer 24, 1000 Brussels, registration number 839.932.544. In Switzerland, the name of the company is Ruchat Lexial, located 184 route de St Julien, 1228 Plan-les-Ouates, number CH-660.3.293.014-0. The professional title is attorney (“avocats”), as recognized by French, Swiss and Belgian States. You can contact the lawyers at Lexial by phone at the numbers mentioned on www.lexial.eu or via e-mail (firstname.lastname@example.org).
- Cooperation and good faith
If the client is aware of a deadline or an important date, they are obliged to inform and to transmit any document(s) or information to their lawyer. The client must agree to send their lawyer all useful and necessary information of their on volition and or at the request of their lawyer. The client is responsible for any damage or inconvenience resulting from the sending of incorrect, incomplete, or invalid documents, objects or information. The Client undertakes to provide the Law Firm all relevant information and documents concerning the assignment and to keep the Law Firm informed of facts that change or may be anticipated to change. In business immigration files, it is understood that the Client shall not create any fake situation misleading the competent authorities.
- Liability and insurance
Lexial is only liable to the extent by which is covered by the terms of insurance program in professional liability to which Lexial prescribes. Lexial cannot be held accountable beyond the guarantees and the amount covered by the insurance policy.
- Fees, costs and outlay
All cases require a retainer upon the opening of the file and prior to the completion of the case. Unless agreed differently, administrative costs are charged at a price equal to 12,5% of the fees and to be paid up front or at first request. Outlay, if any, (such as court fees, bailiff fees, translation fees, etc.) are paid directly by the client to the third party. A new retainer may be required during the case, except in case of flat rate. Unless otherwise agreed upon in writing, professional fees are calculated based on the number of hours worked multiplied by the hourly rate established by Lexial. Flat rates are not related to the estimated hours worked and as such, are not refundable for any reason, including the cancellation by the client. The structure of payments can be discussed between parties, within the limits of prohibition of contingency fees. The minimum time tracking unit is 15 minutes (0.25 hour). The client agrees that in the event of a positive outcome with regards to their case Lexial will be allowed to add success fees. In Belgium, all attorney’s services are subject to a VAT rate of 21% in Belgium, which implies that all fees (including success fees) and costs charged to the client are automatically increased by 21%. VAT rate in France is 20%. All invoices issued by Lexial are payable immediately, unless differently agreed, and are presumed accepted within 2 days from their reception as well. Bank costs, transfer costs, payment costs are the responsibility of the client and must be compensated as administrative costs. For Swift transfers, please select the « OUR » option (bank costs at the expense of the payer). Your case will not be treated as long as we do not receive the whole amount. In case of non-payment by the due date a default interest rate of 8% per year will be payable without prior notice, as well as a penalty (“clause pénale”) of 9% and 50 EUR as reminder costs. Lexial is also entitled, after the client has been informed to that effect, to suspend or cease its work for the client. The client expressly agrees that Lexial will under no circumstances be liable for any damage or loss suffered by the client and or any third party as a result of the cessation of work. Reactivation of a file suspended or terminated is charged 375 EUR.
- Professional secrecy and confidentiality
Each lawyer is bound by professional secrecy. The office staff is also subject to a confidentiality obligation. Information forwarded or obtained in the course of managing the case are confidential. The parties undertake to respect confidentiality and to never disclose such information without express written permission of the other party and to never disclose such information without express written permission of the other party. Each party specifically agrees never to record, even for purely private purposes, the conversations with the other party. However, they are allowed to take and keep notes on conversations without ever communicating it to third parties.
- GDPR (Regulation (EU) 2016/679)
All work product of Attorney in the performance of this Agreement, including without limitation, analyses, reports, documents and other information, shall be considered Confidential Information according to Bar rules (Attorney Priviledge). Any information disclosed to Attorney by Client or others on behalf of Client in connection with this Agreement shall also be considered Confidential Information. Except as Client may authorize in writing, Attorney shall not disclose any Confidential Information or use it for any purpose other than the performance of services under this Agreement. Upon Client request, Attorney shall deliver to Client all Confidential Information received from Client or others which Attorney has in his possession, but Attorney is authorized to retain copies for archival purposes. For the purposes of fulfilment of the Client’s assignment the Law Firm will process the personal data of the Client and the persons directly related to it (e.g. employees and/or representatives) in the capacity as a personal data processor in accordance with laws and regulations governing personal data protection. The client shall inform us about any specific security measures regarding the protection of its personal data. In the event the client does not inform us about any specific security measures, it shall be understood that the client agrees that the security measures implemented and used by us are fully compliant with all relevant applicable laws, rules and regulations concerning the protection of personal data.
- Money Laundering
The lawyer complies with the legal requirements regarding customer or mandator identification. The latter commits to provide spontaneously for any document permitting the establishment of their identities and authorise their lawyer to take copies. The lawyer and customers’ obligations derive specifically from the provisions related to the prevention of money laundering and terrorist financing and to the limitation of cash use. The information which must be provided by the client depends on whether this is a physical person, a legal person or a mandator. The client informs as soon as possible and spontaneously the lawyer for any modification of his situation and bring the evidence of such change. When the nature of the file (assistance of the client in the preparation or in the execution of operation such as acquisition or sale of buildings or commercial enterprises; management of security funds or other assets belonging to the client or the proxy; opening or management of bank, saving or portfolio accounts; organisation of necessary contributions for the constitution, the management or the direction of the company; constitution, management or direction of trusts, companies or similar entities or intervention in the name of and on behalf of the client for any financial and real estate transaction) or when specific situations provided by the law (country of origin, identification problem, unusual relationship between the client and the lawyer or the nature of the operations, public or related personality) compels the lawyer to exercise a greater vigilance, the client commits to answer every questions of the lawyer which might permit him to comply with his legal requirements regarding money laundering and terrorist financing. When the lawyer assists the client for his legal defence or when the lawyer gives him legal advice (assessment of his legal situation), he is bound by strict professional secrecy. The law requires the lawyer to inform the President of the Bar as soon as he realizes, outside his mission of legal defence or legal consultation, facts which can be linked to money laundering or terrorist financing. The president of the Bar, guardian of the professional secrecy, reports the expression of suspicion to the competent authorities if needed.
- Jurisdiction and applicable law
In case of litigation, the jurisdiction and the applicable law is the one of the Lexial office which sent the invoice(s).