These Terms and Conditions apply to all services provided to clients by the lawyers belonging to the Philippe & Partners law firm (hereinafter P&P). Every time a client makes use of P&P services, he is deemed to be aware of and to accept these Terms and Conditions without reservation. No contradictory client terms and conditions shall apply, except with the express prior acceptance of P&P in written form. With the exception of the publication or communication, by P&P and in whatever form, of a more recent version, these Terms and Conditions shall continue to apply to all future relations between the parties. Any addendum, modification or exemption requires express prior acceptance by P&P in writing.
Even if the client enters into a contractual relationship with a specific lawyer belonging to P&P, the contract is considered to exist between the client and the law firm, and P&P is free to decide which missions to allocate to which lawyer, or to replace one lawyer by another one, without needing to gain the client’s acceptance. P&P may also, at its own discretion, make use of the services of lawyers not belonging to the firm for fulfilling certain specific tasks.
P&P undertakes to perform its services within a reasonable period of time and, in the case of specifically agreed deadlines, to make every reasonable effort to meet these. Whatever the case, P&P may not be hold responsible for delays attributable to the client or any third party or to force majeure. When a client orders a service via the website, P & P will only begin to perform the service at the end of the mandatory cancellation period of 14 days (right of withdrawal) from the date of conclusion of the contract. Should he wish P & P to begin immediately, the customer must expressly request such, acknowledging that he loses his right of withdrawal once the contract is fully executed. Should he make such a specific request for immediate execution and then exercise his right of withdrawal before the contract is fully executed, P & P will invoice him a pro-rata amount of fees and expenses for services already fulfilled before P&P is notified of the exercise of his right of withdrawal. A template withdrawal form in accordance with Annex 2 of Book XIV of the Business Code is available here.
Lawyers at P&P are bound by professional secrecy. All correspondence, advice, submissions, etc. sent by P&P to a client are subject to the client observing confidentiality. The client is only entitled to transmit their content to third parties with the prior written consent of P&P. When responding to an invitation to tender (public or private) for the procurement of legal services, P&P may be required to reveal – in strict compliance with lawyer’s ethics – the names of its past and present clients in the field concerned, as well as to provide information concerning cases, in progress or closed, related to the subject of the invitation to tender. Under no circumstances will the information provided infringe a client’s privacy. The client agrees to this communication. This agreement may be withdrawn ad nutum.
Advice, opinions, written documents, etc. coming from P&P are protected by intellectual property rights and may only be used or reproduced with the prior written consent of P&P. In the event of them relating to a specific client or situation, they cannot be applied to other situations or persons without a new analysis on the part of P&P.
The liability of P&P, either contractual or in tort, covering all lawyers working within P&P or on its behalf, 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 covered by P&P’s professional liability insurance (the applicable amount on a case-by-case basis having been communicated by P&P to the client at the latter’s initial request). The liability of lawyers working within P&P and registered with a Belgian Bar is covered by a collective insurance policy taken out by the Ordre des Barreaux Francophones et Germanophones (OBFG) / Orde van Vlaamse Balies with the insurance company Ethias Assurance (mutual insurance company registered under No. 0165, with its registered office in 4000 Liège, Rue des Croisiers 24). The liability of the firm’s lawyers registered with the Luxembourg Bar is covered by collective insurance policy no. 34598124 taken out by the Luxembourg Bar with the insurance companies Amlin Europe SA (75%, with its registered office at Boulevard du Roi Albert II, 9 in 1210 Brussels) and Bâloise Assurances Luxembourg SA (25%, with its registered office at 23, Rue du Puits Romain, Bourmicht in L-8070 Bertrange). P&P has also taken out an additional second-ranked policy with AIG (a certified insurance company listed under No. 0976, with its registered office in 1050 Brussels, Pleinlaan 11 – policy number CA 3.018.137). This policy is co-insured by Zurich Insurance plc (an insurance company with its registered office at Avenue Lloyd George 7, 1000 Brussels). These policies cover P&P activities worldwide to an amount of 15.000.000 EUR per claim, with an annual cap of 30.000.000 EUR for activities related to the USA and Canada. The client holds P&P and all lawyers working within the law firm or its behalf harmless against any claim from a third party based on the performance of a mission for the client, except in the case of a fault committed by P&P.
Unless otherwise agreed, P&P invoices its services on the basis of its usual rates, which are adjusted from time to time to reflect the evolution of prices and the market, without prior notice. P&P reserves the right to request a down-payment before any service is provided. In the case of an order for a service being placed via the e-services module, the client accepts that the invoice for the service provided by the lawyer consulted or for the purchase of a “pack” or for downloaded documents will be sent by electronic means unless otherwise agreed by the parties at the time of the order.
All P&P invoices are payable in cash and without discount at the registered office of P&P or to the indicated bank account. Failure to pay will incur interest for late payment and a complementary indemnity (no less than 15% of the amount of the invoice) based on the Belgian law of 2 August 2002, due from the date of the invoice and without prior notice. Any payment or exchange charges are borne by the client. Any complaint regarding an invoice must be addressed to P&P by registered mail within 8 days of the date of the invoice. Failure do so means that the invoice is irrevocably deemed to be accepted.
If, after conclusion of the contract, unpredictable or unforeseen circumstances render the performance of the agreed services by P&P more difficult or costly, P&P is authorized to suspend or adapt its obligations accordingly.
Belgian Law applies to the relations between P&P and the client. In case of dispute, the courts and tribunals of the main Bar of which the partner concerned is a member are solely competent. However, P&P may also file a claim with the courts and tribunals of the client’s place of residence or his registered office.
In the case of one of the clauses (or a part thereof) of these Terms and Conditions being declared null and void or inapplicable, all other clauses shall remain applicable.