General Invoice Terms and Conditions
These General Conditions shall apply to the services provided by and/or for attorneys of the CVBA Bloom Law with company number 0633.563.814, VAT number BE 0633.563.814. More info www.bloom-law.be.
2. Fees and expenses
Fees: Unless otherwise agreed and reserving the right to modify such agreements in the course of handling of the dossier, in normal circumstances the services will usually, but not exclusively, be invoiced on the basis of standard hourly rates (see above). However, a final settlement is possible after results are achieved.
Advance payments: Before commencement of the contract and in the course of the handling of the matter, the attorney may request one or more advance payments from the client. An advance payment is the lump sum paid by the client to the attorney prior to a detailed statement of costs and fees. In the final statement of fees and expenses, the advances are deducted from the total amount
Non-payment by client: All our invoices are payable in cash. In the absence of payment of the invoice - without prior notice of default - arrears interest is payable at a rate of 10% per year. Under the same conditions, damages of 10% is payable on the outstanding amount. The attorney reserves the right to stop or suspend execution of the services with a reasonable notice period for reasons of non-payment of requested advances or statements of fees and expenses after a period of 30 days or more, or for other serious reasons.
Administrative costs: The attorney charges a standard fee of 12% over fees for ordinary general administrative costs.
Expenses/costs: Expenses incurred (including the fees of experts and foreign lawyers, travel and catering costs, courier and special delivery services, research work and binding of documents, videoconferencing systems, etc.) are listed separately and billed at cost.
Indexing: The attorney reserves the right to annually index the fees and price scales.
VAT: 21% VAT is payable on all our outgoing invoices.
3. Trust accounts:
Funds held or received by the attorney on behalf of the client are deposited into a special bank account held by the attorney in agreement with Bar rules, a so-called trust account. The client gives the attorney permission to deduct any outstanding fees and expenses (see above) from the amounts received in the name of the client.
Limitation of liability: Any possible contractual or extra-contractual liability of attorneys of the offices of CVBA and of CVBA itself for any loss, damage, costs or expenses incurred in connection with the execution of the services shall be limited in any case, with the exception of fraud, to the amount of coverage by the liability insurance 3nd level NV AG Insurance of the respective attorney. This coverage is limited to the sum of € 12.2500.000.
No liability for negligence by the client: The attorney shall not be liable for any losses, damage, costs or expenses that might in any way arise from (fraudulent) actions or negligence, omissions, incorrect or incomplete statements or tort on the part of the client, their directors, employees, agents or subcontractors. The attorney reserves the right to collect compensation for possible loss from the client.
No liability for negligence by third parties: The attorney is not liable for acts or omissions that took place before the commencement of the execution of the services. Even if the attorney has provided advice on the basis of information or advice that was transferred by foreign or other attorneys or advisers to whom the attorney has appealed without the client having given the attorney instructions to do this, all liability of the attorney for loss, damage, costs or expenses incurred directly or indirectly from an act or negligence of third parties is excluded.
Use of documentation: The attorney accepts no liability whatsoever for loss incurred through the use of documents in a form other than that provided by the attorney or in other situations than these for which said documents were drawn up.
Force majeure: The attorney accepts no liability whatsoever for delay or non-execution of their obligations if said delay or non-execution is the consequence of circumstances which are reasonably outside the realm of control of the attorney.
Destruction of documentation: The dossier located at the office (with the exception of the documents that the Client asks to have returned) will not be stored longer than five years after issue of the definitive statement of fees and expenses.
6. Anti-money laundering and anti-terrorism financing
If the attorney assists the client in the preparation or execution of transactions that are associated with the purchase or sale of immoveable property or businesses, the management of their money, securities or other assets, the opening or management of bank, savings or securities accounts, the organisation of contributions necessary for the creation, operation or management of companies, the creation, operation or management of companies, trusts, fiduciaries or similar legal structures, or if they act on behalf of and in the name of their client in any financial transactions or transactions in immoveable property, they are obliged to strictly adhere to the legislation and Bar regulations concerning anti-money laundering and anti-terrorist financing. In accordance with the relevant rules, the attorney is mainly obliged to fulfil their identification and due diligence obligations with respect to their client. This procedure requires the cooperation of the client and obliges clients that work under corporate form in accordance with Article 8 § 3 of the Act of 11 January 1993 to inform their attorney who the eventual beneficiary is behind said company or series of companies, as well as to inform their attorney should this situation change. If, within 2 weeks after having been so requested, the client fails to provide the information that the attorney is obliged to request, in application of Article 2.10 of the Regulations of the OVB dated 21 December 2011, the attorney has the right to terminate their intermediary activities. In addition, anti-money laundering legislation requires the attorney, in certain circumstances, to report potential money laundering and terrorist financing in which the client is involved to the President of their bar association.
7. Applicable law and jurisdiction
The parties agree that Belgian law exclusively applies to these General Conditions, to every agreement to which the latter applies and to the contract in general. The courts of Bruges shall have exclusive jurisdiction over any dispute concerning the interpretation or execution of these General Conditions or the contract to which they relate. In addition, parties expressly and conventionally agree that any court other than the one referred to above has no jurisdiction with regard to the matter mentioned in the previous paragraph.
General Invoice Terms and Conditions