General terms and conditions
(1 july 2018)
MHouben-HRLegal bvba is a private limited liability company registered under enterprise number 0698 702 678 (RLE). Its registered office is located at 1930 Zaventem, Leuvensesteenweg 533 / 2.
These general terms and conditions apply to all activities of MHouben-HRLegal, its lawyers, associates and employees to the benefit of its clients, to all activities performed by third parties on behalf of MHouben-HRLegal and for which it can be held liable, and to all legal relationships between MHouben-HRLegal and third parties.
By calling upon MHouben-HRLegal the client agrees to be bound by these general terms and conditions for the period of the services and as long as the effects of the services last, excluding all other general terms and conditions.
The assignments are exclusively accepted and performed by MHouben-HRLegal. The lawyers of MHouben-HRLegal perform their services on behalf of and for the account of MHouben-HRLegal. Consequently the contractual relationship exists always between the client and MHouben-HRLegal and the client agrees that any liability lies only with MHouben-HRLegal and not with the lawyer, the associate or the employee.
The client undertakes to provide MHouben-HRLegal, at the commencement of the services and in any event within the period as determined, with all information, which is necessary and useful for the requested services. The client acknowledges that accurate and efficient services are dependent on the completeness and the accuracy of the information provided by him.
The obligations of MHouben-HRLegal are best efforts obligations and not obligations of results.
The client accepts that Mhouben-HRLegal may call upon the services of third parties of its own choice and that Mhouben-HRLegal can never be held liable for the services of these third parties. The client agrees that Mhouben-HRLegal may accept on his behalf and for his account limitations of liability, if any, of third parties. The invoice of the third party shall be issued in the name of the client and the client undertakes to pay the invoice within the terms of payment, as determined by the third party.
The fees of MHouben-HRLegal are charged on the basis of the time spent and the applicable hourly rate. The standard hourly rate amounts to 175.00 EUR (excl. Of VAT). Derogating hourly rates are always discussed and agreed upon with the client beforehand. Taking into account the nature, the complexity and the urgency of the assignment, the hourly rate may be increased to 250.00 EUR (excl. of VAT), to the extent this has been discussed and agreed upon with the client beforehand.
Derogating rules concerning the fixing of the fees are always discussed beforehand and apply only to the extent the agreement between the client and MHouben-HRLegal has been confirmed in writing. Also the commencement of the performance of the services and the continuance of the services may be made dependent upon the payment of a retainer and the payment of supplemental retainers as soon as the amount of the fees for the services rendered equals the amount of the retainer which has been paid.
Invoices of the fees for the services performed and the expenses incurred are established in principle at the end of each month. In accordance with the Belgian VAT-legislation Mhouben-HRLegal is subject to VAT.
Invoices are payable within 15 days following the date of the invoice at the registered office of MHouben-HRLegal.
If the term of payment of 15 days has not been respected, MHouben-HRLegal has the right as a matter of law and without any obligation to proceed with a prior notification of a notice of default to charge late interest at the rate of 10% as from the due date up to the date of full payment. In addition Mhouben-HRLegal has the right to suspend the performance of all its activities in all pending files of the client concerned up to the date of payment of all amounts due. Furthermore Mhouben-HRLegal has the right to terminate the agreement without being held liable for any damage arising from the suspension or the termination of its activities because of the client’s default of due payment
MHouben-HRLegal is authorized, subject to notification to the client, to withhold the amounts due by the client to MHouben-HRLegal from the amounts which it received on behalf of the client on its third-party account.
Prior assessments of fees, if any, are not binding.
If the client does not agree with an invoice, he must notify MHouben-HRLegal thereof in writing, stating the reasons, as soon as possible after receipt of the invoice and in any event at the latest within 14 days following the date of the invoice. The complaint will be investigated and, if possible, Mhouben-HRLegal will try to reach a solution with the client.
MHouben-HRLegal and its lawyers are insured for professional liability via the Council of Flemish Bars. Under this policy, the professional liability of MHouben-HRLegal and its lawyers is limited to 1,250,00 EUR per claim in primary order and thereafter to 5,000,000 EUR in secondary order.
The client acknowledges that this insurance of MHouben-HRLegal and its lawyers is adequate and agrees that compensation for a professional error of MHouben-HRLegal and/or its lawyers and/or its appointees is to be limited to the amount for which MHouben-HRLegal and its lawyers are actually covered and insured under the aforementioned policy.
If the insurance company does not cover the damages, the total liability of MHouben-HRLegal , its lawyers and appointees shall be limited in principal, costs and interest included to the amount of the fees received (exclusive of VAT), which have been charged for the assignment for which liability has been upheld.
MHouben-HRLegal is subject to the money-laundering legislation (Act of 18 September 2017). Within the framework of this legislation, its clients must provide all information when requested by MHouben-HRLegal. If MHouben-HRLegal discovers facts, of which it knows or suspects to be linked to money-laundering practices or terrorism, it is obligated pursuant to this legislation to pass on this information to the Head of the Bar, who, as the case may be, may pass this on to the Financial Information-Processing Cell. The client expressly confirms his consent with the above.
Copyrights and other intellectual property rights relating to advice, drafts, pleadings and other documents provided by MHouben-HRLegal are the property of MHouben-HRLegal. The client is authorized to use these documents within the purpose of the services request by the client from MHouben-HRLegal.
MHouben-HRLegal keeps all information confidential in accordance with the ethical and professional rules of the Council of Flemish Bars. MHouben-HRLegal is authorized to use the name of the client for promotional purposes and for presentations to clients and prospects.
The stipulations of the privacy statement of MHouben-HRLegal are entirely applicable.
The legal relationship between the client and MHouben-HRLegal is exclusively governed by Belgian law. Notwithstanding possible mediation or arbitration by the Dutch Brussels Bar, any dispute between Mhouben-HRLegal and the client falls under the jurisdiction of the Dutch-speaking tribunals and courts of Brussels. Nevertheless, Mhouben-HRLegal reserves the right to take legal action before any competent tribunal in the judicial district of the client. The Dutch version of the general terms and conditions prevails.
Any claim linked to a dispute concerning the services of MHouben-HRLegal must be introduced within the twelve months following the end of the services.