Terms and conditions
1. These general terms and conditions apply to all services performed by the lawyers of the law firm Schoups BV - with registered office at De Burburestraat 6-8, box 5, 2000 Antwerp, enterprise number 0473.474.222, and with branch office at Regentschapsstraat 58, box 8, 1000 Brussels ("Schoups") - for its clients. The contractual relationship exists between the client and Schoups, even if the client only has contacts with one or more specific lawyers of Schoups. In the event of contradiction, these general terms and conditions will prevail over any contrary general terms and conditions of the client, unless agreed otherwise in writing by one of the partners of Schoups.
2. Depending on the nature and complexity of the matter, one or two lawyers will generally be assigned as the client’s primary contact persons. Additional lawyers from Schoups may be added to the team if deemed useful by Schoups to assist in the client’s requests for legal services to be met. For specific matters, Schoups is entitled to call upon the services of lawyers of other law firms.
3. The client agrees to provide all relevant information and data, supported by documentation where appropriate. The client is responsible for the accuracy, completeness and reliability of the information and data provided, even if they can be verified.
4. If Schoups is under an obligation (by law, applicable rules of professional responsibility, or otherwise) to conduct a prior or other client investigation, in particular within the framework 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, the client will furnish all relevant information, documents and supporting evidence requested by Schoups. Schoups reserves the right to terminate the performance of its services in the event of non-cooperation by the client, irrespective of whether services were already furnished prior to such non-cooperation and without prejudice to the client’s obligation for payment for legal services rendered and additional charges incurred before termination.
5. Our fees for the provision of legal services are calculated on the basis of the time spent on a given file and the hourly rate of the lawyers who performed the services involved. Our costs are calculated on a flat-fee basis per unit. Both the hourly rates and the charges for costs are communicated to the client at the start of the client-lawyer relationship, and will in any event be furnished to the client at first request and free of charge. The rates for the fees and charges are revised periodically. Moreover, Schoups reserves the right to ask clients for a retainer for services to be performed or costs to be incurred. Invoices are normally drawn up on a monthly basis. Any objection must be communicated in writing within 15 days following the date of the invoice. In the absence of such communication the invoice shall be deemed to be accepted. The invoices are payable as of the 15th day after the issuance date. In the event of late payment, interest in accordance with the Act on combating late payment in commercial transactions and a lump-sum indemnity of 10 % of the outstanding amount shall be due, without prior formal notice of default.
6. The liability of Schoups and its lawyers, either contractual or in tort, towards its clients and any third parties for any damage, loss or cost relating directly or indirectly to any service, action or non-action by Schoups and/or any of its lawyers is in any event limited to the amount of indemnification actually paid to Schoups under its professional liability insurance, save in the event of willful misconduct or fraud by Schoups. If and to the extent that, for whatever reason, no payment is made under the said insurance, any liability shall be limited to the amount paid by the client in the year preceding such action or non-action. The amount of coverage under the professional liability insurance entered into by Schoups exceeds the thresholds and requirements imposed by the applicable rules of professional responsibility and is valid throughout the world except for the United States of America and Canada. A copy of the terms and conditions of such professional liability insurance concluded through Vanbreda Risk & Benefits (Plantin en Moretuslei 297, 2140 Antwerpen) and with Marsh (Avenue Hermann Debroux 2, 1160 Bruxelles) will be provided to the client free of charge and on first request.
7. Schoups may terminate its representation of the client for any reason consistent with the applicable rules of professional responsibility and/or if unpredictable or unforeseen circumstances occur following the engagement of Schoups which render the performance of services by Schoups difficult or impossible. The client may terminate the representation by Schoups at any time in writing. Termination of the services of Schoups will not affect the client’s responsibility for payment for legal services rendered and additional charges incurred before termination and relating to a proper transition of the client’s matters.
8. While Schoups undertakes reasonable attempts to exclude from its e-mails and their attachments any virus or other defect that might affect any computer or IT system, it remains the client’s responsibility to ensure that appropriate measures are in place to protect the client’s computer and IT system against any such virus or defect. Schoups does not accept any liability for any loss or damage that may arise from the receipt or use of electronic communications from Schoups.
9. Schoups collects and processes personal data of clients within the framework of its services, customer management, bookkeeping and direct marketing (legal bases: execution of agreement, statutory obligation and/or legitimate interest). Personal data are only transferred and kept in so far and as long as necessary for these purposes. The client has the right to inspection, correction, erasure and objection, as well as the right to file a complaint with the Data Protection Authority. The client bears responsibility for the accuracy of the personal data that he provides, and undertakes to comply with the GDPR vis-à-vis the persons whose personal data he transfers, as well as with regard to personal data that he should receive from Schoups and its employees. For more information you can consult our Data Protection Policy on the website or contact us via firstname.lastname@example.org - tel. 03.260.98.60.
10. Belgian law is applicable to the relations between Schoups and the client. In case of dispute, the courts and tribunals of Antwerp (Belgium) have sole and exclusive competence. Schoups remains however entitled to file a claim with the courts and tribunals of the residence or of the registered office of the client.
(version of August 2022)