1. The present standard provisions are applicable to all the services performed by the lawyers at the law firm Lexing and to their clients. Whenever a client calls upon the services of Lexing, he is deemed to know and accept the present standard provisions without restriction. The client’s own standard provisions that are contrary to the present ones will only be applicable upon prior written explicit approval by Lexing. The present standard provisions will be applicable to all future relations between the parties, except the case where Lexing publishes or communicates an updated version of them in any form. Any modification and/or derogation needs prior written explicit approval by Lexing.
2. Even if the client deals with a specific lawyer within Lexing, the contract is deemed to exist between the client and the law firm. Lexing decides freely to affect and/or to dispatch the different missions to any lawyer or to replace a lawyer by another one without the possibility for the client to oppose to it. Lexing is also entitled to freely call upon lawyers not belonging to the law firm for the performance of specific tasks.
3. Lexing performs its services within a reasonable period of time and, in case of specific agreed terms, to deploy its reasonable efforts to observe these ones. In any event Lexing cannot be hold responsible for non observance of these terms due to client’s or any third party’s behavior or in case of force majeure.
When a consumer requests any service via the website, Lexing will begin to provide the service at the end of the mandatory cancellation period of 14 days (right of withdrawal) from the date of conclusion of the contract.
If the consumer wants Lexing to begin immediately to provide the service, the customer must submit a specific request and acknowledges thereby that he loses his right of withdrawal once the contract is fully executed.
If consumer makes such a specific request of immediate execution and then exercises his right of withdrawal before the contract is fully executed, Lexing will invoice the consumer an amount of fees and expenses prorated over services already accomplished when consumer informs Lexing of the exercise of his right of withdrawal. A model withdrawal form in accordance with Annex 2 of book XIV of the Code of economic law is available here.
4. Lawyers at Lexing are bound by the professional secrecy. All mails, advices, acts of procedure, etc. are transmitted by Lexing to its clients under the explicit condition that the client observes this confidentiality. The client is only entitled to transmit their content to third parties with the prior written explicit consent of Lexing.
In responding to an invitation to tender (public or private) for the procurement of legal services, Lexing may reveal – in strict compliance with lawyer’s ethics – the names of its past and presents clients in the field concerned, as well as provide information concerning cases, being processed or closed, and related to the object of the invitation to tender. Under no circumstances, information provided is related to client’s privacy. The client agrees to this communication. This agreement may be withdrawn ad nutum.
5. Advices, opinions, written documents, etc. coming from Lexing are protected by intellectual property law and can only be used or reproduced upon the prior written explicit consent of Lexing. In the event they relate to a specific client or a specific situation, they cannot be applied to other situations or persons without a new analysis of Lexing.
6. The liability of Lexing, either contractual or in tort, including all the lawyers working within Lexing, for any damage, material or immaterial (such as moral damage, loss of clients, production, time, data, commercial opportunities, etc.) caused to the client is limited to the amount of the guarantee of Lexing’s professional liability insurance (the applicable amount on a case-by-case basis being communicated by Lexing to the client upon first request of the latter).
The liability of lawyers working within Lexing and registered with a Belgian Bar is covered by a collective insurance policy subscribed by de Orde van Vlaamse Balies (further “OVB”) and/or by l´Ordre des Barreaux Francophones et Germanophone (further “OBFG”).
The OBFG has subscribed a collective insurance policy with the insurance company Ethias (mutual insurance company registered under Nr. 0165, having its registered office in 4000 Liège, Rue des Croisiers 24).
The OVB has subscribed an insurance policy with the insurance company Amlin Europe NV, having its registered office in Amstelveen, the Netherlands- register of commerce nr. 33055009, with branch office in Belgium – RPR 0416.056.358, and authorized under code number 0745, being the leading insurance for a part of 70%. 25% of the co-insurance is met by Zurich Insurance plc, Belgium Branch, with branch office at 1000 Brussels, Avenue Lloyd Georgelaan 7. The other 5% is met by the NV KBC Verzekeringen, having its registered office in 3000 Leuven, Professor R. Van Overstraetenplein 2.
The guarantee of the policies mentioned above applies to consequences of activities exercised in the entire world starting from their office in Belgium(except activities related to the US of America and Canada) with a cap of 1.250.000 EUR.
The client holds Lexing and all lawyers working within the law firm or on behalf of it harmless against any claim from a third party based on the performance of a mission for the client, except in case of fault committed by Lexing.
7. Unless otherwise agreed upon, Lexing invoices its services on the basis of its usual rates, which are adapted from time to time to the evolution of the prices on the market, without prior notice. Lexing reserves its right to request a down-payment before any provision of services.
The client accepts the invoice for the service provided for by the lawyer consulted via on-line module or downloaded documents be always transmitted by electronic media unless otherwise agreed by the parties at the time of the order.
8. All invoices of Lexing are payable cash and without discount at the registered office of Lexing or on the indicated bank account. Failing to pay, interest for late payment and a complementary indemnity (that cannot be less than 10% of the amount of the invoice) based on the Belgian law of 2 August 2002 are due from the day of the date of the invoice and without prior notice. The charges for payment or and currency exchange are born by the client. Any claim regarding an invoice must be addressed to Lexing by registered mail within 8 days from the date of the invoice. Failing to do so, the invoice is deemed to be irrevocably accepted.
9. If, after the conclusion of the contract, unpredictable or unforeseen circumstances occur rendering the performance of the agreed services by Lexing more difficult or onerous, Lexing is authorized to suspend or adapt its obligations accordingly.
10. Belgian Law is applicable to the relations between Lexing and the client. In case of dispute, the courts and tribunals of Liège (Belgium) are sole competent. Lexing remains however entitled to file a claim with the courts and tribunals of the residence or of the registered office of the client.
11. In case one of the clauses or part of the clauses of the present contract is declared void or inapplicable, all the other clauses remain applicable.