Article 1
Taffijn-De Smet-Bergmans is a civil partnership under Belgian law, with the purpose of practicing the profession of lawyer. Taffijn-De Smet-Bergmans is registered with the Crossroads Bank for Enterprises under number 0542.794.083 and is a member of the Dutch-speaking Bar Association at the Brussels Bar.
Article 3
When clients enter into an agreement with a lawyer, the lawyer has the option to assign tasks and cases to any of the lawyers who are part of the firm.
Article 2
These general terms and conditions apply to all services provided by the lawyers of the law firm Taffijn-De Smet-Bergmans, as listed on this website, to their clients. As soon as a client engages with one of these lawyers, they are deemed to be familiar with these general terms and conditions and to accept them without reservation. Any conflicting terms and conditions of the client are only applicable insofar as they have been expressly and in writing accepted by the lawyer.
Article 4
All agreements are deemed to be concluded at the usual place of professional practice of the lawyer.
Article 5
The lawyers shall under no circumstances be liable for the exceeding of deadlines caused by the client, third parties, or force majeure.
Article 7
The agreements are generally valid for an indefinite period. The client may terminate the agreement at any time by notifying the lawyer in writing. If applicable, the lawyer will provide the client with a final statement of fees and costs, taking into account the services rendered up until the termination of the agreement. The lawyer cannot request compensation. Upon the client's request, the lawyer will return the case files to the client. The lawyer may also terminate the agreement at any time by notifying the client in writing.
Article 6
Professional liability is insured with NV Amlin Europe, with its registered office in the Netherlands, Amstelveen, trade register number 33055009, and a branch in Belgium under RPR 0416.056.358. Policy number LXX034899. Coverage: €1,250,000.00 per lawyer and per claim. The coverage applies worldwide for activities carried out from Belgium, except for claims made in or under the jurisdiction of the United States or Canada.
Article 8
To simplify the payment of the final statement of fees and costs and to avoid any unpleasant surprises, the client is requested to make advances or provisions through provisional invoices. At the end of each case, a final account will be prepared.
Article 9
Any request for provisions, as well as the final account, is payable at the office within 8 calendar days from the date of the request. After this period, default interest of 10% per year will automatically be due, without prior notice or formal demand, starting from the date of the request, as well as a flat-rate compensation of 10%, with a minimum of €250, as reimbursement for all extrajudicial costs, administrative expenses, time loss, and correspondence. This compensation is due without prior notice or formal demand and without prejudice to the principal amount, interest, and any legal costs.
Article 11
If any single payment request remains unpaid within the 8 calendar days, all payment requests will automatically become due, and the lawyer will not be obliged to provide further services under any agreement until the overdue payment requests have been settled.
Article 13
Article 10
Any dispute regarding a request for payment of provisions or the final account must be made in writing and within 8 days from the invoice date; otherwise, the invoice will be deemed irrevocably accepted.
Article 12
In the context of judicial proceedings, the Court of First Instance in Brussels, the Commercial Court in Brussels, and the Justice of the Peace Court in the Lennik district have exclusive jurisdiction to handle any disputes and conflicts that arise. Only Belgian law is applicable. In the case of an extrajudicial dispute, the arbitration rules of the Brussels Bar, as provided in the NOA Code of 2012, will apply.
If any provision or part of these general terms and conditions is declared invalid or unenforceable, this shall not affect the validity of the remaining provisions.