General terms and conditions
- These terms and conditions apply to all services offered by us, (impactlawyers, our partners and associates), and by all other providers co-operating with us or for whom we are liable.
- The liability of our partners and associates is limited to the amount of cover under the professional liability policy which we concluded, and to the conditions of cover contained in that policy. The current cover amounts to 2.5 million EUR. You may request this cover to be increased for purposes of a specific case or matter. In such case, you will be charged to pay the additional premium.
- Except in the case of a specific agreement providing otherwise, we are not liable for the services provided by third parties, whose services impactlawyers relies on.
- Our fees are inclusive of general administrative costs, but exclusive of 21% VAT and specific case related costs.
- Our invoices are payable within fourteen (14) calendar days of receipt. Should you protest the fee statement, you must react in writing within fourteen (14) calendar days. As of the invoice’s due date, interest is immediately owed without the need for further notice of default, calculated according to the legal interest rate (if appropriate in line with the Act on Payment Arrears). In the event of late payment, a fee for collection costs shall also become due; this will equate to 10% of the primary outstanding amount.
- We are both entitled to end the contract at any time, subject to written notification of the other party. We however may only cease our services after haven given you the time necessary to find alternative counsel. In such event, we will forward you our final fee statement, including all our services up until the time of cessation of the agreement, and without being entitled to damages. We will resubmit all documentation of the file upon your first request.
- Our lawyers are registered at the Bar in Leuven and/or Brussels and are governed by the regulations of the Order of Flemish Bars (Orde van Vlaamse Balies), and those of the National Order (Nationale Orde), which can be consulted at www.advocaat.be; www.avocat.be. We are also governed by the regulations of our bar associations, which can be consulted at www.baliebrussel.be and www.balieleuven.be.
- Belgian law exclusively applies. We shall both endeavor to settle our disputes amicably. Prior to initiating legal proceedings, we will both endeavor to have the dispute called to the court of first instance or to a competent body within the Bar Council, for mediation. The law courts of Leuven will be solely competent to hear the case, without prejudice to our right to initiate legal proceedings in your jurisdiction.
Information on our obligations within the framework of the anti-money laundering legislation
Depending on the nature of the services that impact advocaten is providing to you, we may be required to comply strictly with anti-money laundering and counter-terrorism financing laws and regulations. In such a case, impact lawyers are primarily required to identify and monitor you as a client.
In that context, impact advocaten is obliged to keep information about the identification, the characteristics of you as a client and the purpose and nature of the transaction for a period of 10 years. To this end, impact advocaten may carry out checks using external electronic databases.
The client is aware of the extensive identification obligations imposed by the applicable preventive anti-money laundering legislation and accepts that the costs and fees in accordance with this will be charged.
This procedure requires the cooperation of the client and obliges clients working in the form of a legal entity or other legal arrangement to inform their lawyer of the ultimate beneficial owner behind this legal entity. If one of your directors is a so-called politically exposed person in light of the applicable legislation (e.g. a person who is or has been entrusted with a prominent public function) or a direct family member or business partner of said politically exposed person, the client is required to share this information.
The client undertakes to inform impact advocaten of any change that may affect his or her status. The client undertakes to provide the information requested by impact advocaten upon first request. If the client refuses to provide the information after it has been requested, impact advocaten will not be able to enter into the business relationship and, if impact advocaten have already acted provisionally, we will have to terminate our further intervention.
In addition, anti-money laundering legislation obliges impact advocaten in certain circumstances to report possible suspicions of money laundering or terrorist financing in which the client might be involved to the Bar Holder. Impact advocaten is not liable to the client for the consequences of any reporting made in good faith.