- Four and Five Law is a limited liability partnership (BV) organised and existing under Belgian law, with registered office at Jan van Gentstraat 1/101, 2000 Antwerp (hereinafter referred to as ‘Four & Five’). All lawyers of Four & Five are members of the Antwerp Bar.
- These general terms and conditions apply to all services rendered by Four & Five, its lawyers and personnel. Any deviations from these general terms and conditions require a formal written agreement between Four & Five and the client.
- The client undertakes to provide all relevant information and data, as the case may be, substantiated with documentary evidence. The client is responsible for the accuracy, completeness and reliability of the information and data provided, even if verifiable.
- The services rendered by Four & Five are for the benefit of the client only. Third parties cannot derive any rights whatsoever from (the results of) the work performed. The client acknowledges that our services do not include any tax advice.
- The client and/or Four & Five can at all times terminate the agreement, without any right to compensation, without prejudice to the client’s obligation to compensate Four & Five for the services rendered and expenses incurred. Four & Five cannot terminate the agreement in untimely manner, or in a manner which jeopardises the interests of the client, unless the client has neglected to pay fees, provisions or cost which are due and payable.
- The liability of Four & Five and its partners is limited to the amount effectively recovered under the professional liability insurance policy of the Order of Flemish Bar Associations (standard and supplementary policy). The client can receive a transcript of these policies upon first request. Upon written request of the client, an additional insurance policy can be taken out for a specific assignment. If, for any reason whatsoever, no effective recovery is obtained under the professional liability insurances, the liability of Four & Five shall be capped at the amount of fees invoiced to and paid by the client for the relevant assignment, but with an absolute maximum of 500,000 euros. Unless otherwise agreed, Four & Five shall not be liable for any work performed by third parties which Four & Five would involve.
- Four & Five draws up its fee notes based upon the services rendered. In principle, fees are determined based upon the duration of the services rendered and the applicable hourly rates. An overview of the applicable hourly rates can be obtained upon simple request. From time to time, Four & Five may reassess the hourly rates, meaning that the rates may change generally, or that the rate of a specific lawyer may change. Four & Five applies a percentage surcharge on the fees due for general office expenses (e.g. administrative and secretarial support, copies, telephone charges and mail charges). Specific costs (e.g. courier costs, fees and costs owed to bailiffs and translators, and court costs) shall be billed separately to the client. Four & Five periodically bills its services, in principle on a monthly basis. Four & Five can request provisions.
- Fees, provisions and expenses are payable in cash at the registered office of Four & Five. As from the 21st day after payment being due, interest at a rate of 10% shall apply by law and without notice of default. When a payment is overdue, the client will also be obligated to pay a one-off compensation for collection charges, equal to 10% of the principal amount. Ifthe client neglects to pay, Four & Five can suspend its services until full payment has taken place.
- The agreement between Four & Five and the client (and any non-contractual obligations arising out of or in connection with it) is governed by Belgian lawand the applicable deontological rules. All disputes (including any disputes relating to any non-contractual obligations arising out of or in connection with the agreement) shall be settled by the courts of the registered office of Four & Five (courts of Antwerp, department Antwerp, Peace Court of the 5th district). Four & Five reserves the right to take legal action before the courts of the jurisdiction of the client.
- The client acknowledges that the services to be performed by Four & Five could fall within the scope of the Law of 18 September 2017 on the prevention of money laundering and terrorist financing and on the restriction of the use of cash. Under these rules, Four & Five is obliged to comply with a duty of client identification and due diligence regarding the client, their agent(s) and their ultimate beneficiary/ies. The client acknowledges its obligation to cooperate in this respect and to provide, upon first request, all information and documents required. If this information were to change during the term within which services are provided, then Four & Five is to be informed immediately.Four & Five reserves the right to suspend or stop any and all services, in accordance with applicable legislation, when no or insufficient information is provided or when doubts arise regarding the accuracy of the information provided. Such suspension or cessation of services entails no liability whatsoever on the part of Four & Five and in no sense affects the services already performed and billable. The client accepts that the costs and fees for services performed within the framework of the obligations set out in the anti-money laundering legislation will be charged.
OUT OF COURT SETTLEMENT OF DISPUTES
- Lawyers are bound by the regulations regarding out of court settlement of disputes as set out in book XVI of the Code of Economic Law. Clients can file a complaint or obtain information regarding an existing agreement via info@fourfive.be. Complaints need to be addressed to a partner. Clientscan also file a complaint with the “Ombudsdienst Consumentengeschillen Advocatuur” (OCA), the certified entity for out of court settlement of disputes between lawyers and clients regarding services rendered by a lawyer. The OCA is located at Staatsbladsstraat 8, 1000 Brussels. Complaints are preferably filed online by using the electronic complaint form at http://oca.ligeca.be/en/. Please also consult this link for additional information regarding the OCA.
