Standard provisions

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.

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.

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 the 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.

Lawyers at Lexing are bound by the professional secrecy. All mails, advice, 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.

Advice, 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. 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.

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, 1030 Schaerbeek, boulevard du Roi Albert II, 37, 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 1930 Zaventem, Da Vincilaan, 5. 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 claims brought against the Insured in the United States or Canada or under the laws or jurisdiction of the United States or Canada) with a cap of € 2,500,000.

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.

Unless otherwise agreed upon, Lexing invoices its services and costs 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 who makes an order on the e-services module accepts the invoice for the service provided or downloaded documents be always transmitted by electronic media unless the client requested a hard-copy of the invoice at the time of the order.

Any complaint concerning an invoice must be submitted to Lexing, by registered letter, within 8 days of the invoice. Failing this, the invoice will be irrevocably considered as accepted.

All invoices of Lexing are payable cash and without discount at the registered office of Lexing or on the indicated bank account. The charges for payment and currency exchange are borne by the client.

Any invoice not paid on the due date shall, after a reminder has been sent and a period of fourteen calendar days has elapsed, starting on the third working day following the date on which the reminder was sent in paper form or the calendar day following the date on which the reminder was sent in electronic form, be increased by the following charges: interest on arrears at the reference rate plus eight percentage points as referred to in Article 5, paragraph 2, of the Act of 2 August 2002 on combating late payment in commercial transactions, starting on the calendar day following the date on which the reminder was sent, and a flat-rate penalty of:

1. € 20 euros if the outstanding amount is less than or equal to € 150;
2. € 30 euros plus 10% of the amount due between € 150.01 and € 500 if the outstanding amount is between 150.01 euros and 500 euros; or
3. € 65 euros, plus 5% of the amount owed on the portion exceeding € 500, up to a maximum of 2,000 euros, if the outstanding amount exceeds € 500.

The non-payment of a single invoice in a case authorizes the mandated lawyer to suspend his intervention in all cases and to request immediate payment of all costs and fees in all cases opened on behalf of the client.

The client alone bears the risks and dangers of the suspension of the intervention of the mandated lawyer due to the non-payment of the invoices sent to him.

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.

Belgian Law is applicable to the relations between Lexing and the client. In case of dispute, are sole competent the courts and tribunals of the Bar where the lawyer in charge of the case of the client is mainly registered. Lexing remains however entitled to file a claim with the courts and tribunals of the residence or of the registered office of the client.

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.

Lexing at all times reserves the right to temporarily re-examine and if required, adjust the present standard provisions. All additions and amendments made to the standard provisions are communicated to the client by display on the platform.

For each new demand for services, the said additions and amendments take effect as of their display on the platform. The prior demands for services are governed by the version of standard provisions that has taken effect at the moment of the said demand for services.

Last updated: August 1^st 2023