STANDARD TERMS AND CONDITIONS OF VWEW Advocaten

  • VWEW Advocaten is a general partnership (VOF), formed for the purpose of providing legal services.

  • These General Conditions are applicable to every assignment entrusted to VWEW Advocaten, its partners, associates or trainees.

  • All assignments shall be accepted and performed by the partnership of VWEW Advocaten, even in the case of an express or implied intention for an assignment to be performed by a particular lawyer.

  • The professional liability insurers of VWEW Advocaten, its partners, associates, trainees and employees are Amlin Insurance SE (policy no. 2943) and AIG Europe Limited (policy no. 1136). Such liability is limited in accordance with the conditions, scope and exclusions and limitations provided for by the relevant insurance policies, which can be provided to the client upon request. If, for whatsoever reason, there is no insurance settlement, the liability of VWEW Advocaten, its partners, associates, trainees and employees shall be limited to the fees paid by the client for the services of VWEW Advocaten that gave rise to the liability. In order to be admissible, a claim for damages on the basis of VWEW Advocaten's professional liability must be made within 12 months after the act by VWEW Advocaten which directly or indirectly gave rise to the damage and for which VWEW Advocaten is legally liable.

  • If VWEW Advocaten needs to engage the services of third parties, they shall be selected following the necessary due diligence. VWEW Advocaten may not be held liable for the shortcomings of any such third parties.

  • Assignments shall be performed solely for the client's benefit. Third parties may not claim any rights based on work performed or services rendered by VWEW Advocaten for the client.

  • The Act of 17 September 2017 on the prevention of money laundering and financing of terrorism requires that lawyers identify their clients (both natural persons and legal entities) before performing certain services or assignments for them. This statutory obligation means that VWEW Advocaten's lawyers must identify clients by requesting and retaining a number of documents. The identification obligation extends to persons instructing VWEW Advocaten on behalf of the client, such as company directors, the head of the legal department, the CEO, etc. If the client does not provide the requested information, VWEW Advocaten cannot, or can no longer, work on the client's file. Additional or updated information can be requested at any time during the client relationship. The information provided under this legislation constitutes personal data and is covered by the attorney-client privilege. All personal data of clients are processed in accordance with the applicable legislation.Personal data are never transferred to third parties unless VWEW Advocaten has a legal obligation to do so.

  • Unless expressly agreed otherwise, fees are calculated based on the number of hours worked multiplied by the applicable VWEW Advocaten hourly rate for the lawyer who performed the assignment. Our invoices are subject to a fixed surcharge of 5% to cover general administrative expenses such as secretarial work, telecommunications, postage, etc. Other expenses incurred in the context of a given file (such as travel expenses, court costs, fees of third parties such as lawyers, bailiffs, notaries, translators, etc.) shall be billed to the client at cost. If applicable, 21% VAT will be applied to the invoices of VWEW Advocaten.

  • Any invoices, expense notes and statements of fees sent by VWEW Advocaten are payable within 14 days from receipt. The Act of 2 August 2002 on combating late payment in commercial transactions is applicable. VWEW Advocaten does not accept cash payments.

  • The legal relationship between VWEW Advocaten and the client is subject to Belgian law. Any dispute between VWEW Advocaten and the client must first be submitted to the president of the Dutch-speaking chapter of the Brussels Bar Association. If the client is a consumer, (s)he can also lodge a complaint with the Ombudsman Service for Consumer Disputes Relating to the Legal Profession (for more information, please visit www.ligeca.be).If a solution cannot be reached by the president of the bar association or the ombudsman service, the Dutch-language courts of Brussels shall have exclusive jurisdiction.