Take the following into consideration
- Marlex is a cooperative company with unlimited liability (CUBA) incorporated under Belgian law and has its registered office at Dirk Martensstraat 23, 8200 Bruges, with company number BE 0543.374.105 below referred to as “Marlex”. All Marlex’ lawyers are member of the Bar of West Flanders.
- These general terms and conditions are applicable to all services provided by Marlex, its partners, employees and staff. The general terms and conditions can be varied from only if expressly confirmed in writing by Marlex and the client.
- The client commits to provide all relevant data and information, substantiated by documents if necessary. The client warrants accurate, complete and reliable information and data, even if these are verifiable.
- Services provided by Marlex are exclusively for the benefit of the client. Third parties cannot derive any rights from the work performed and their results.
- The performance of services by Marlex or one of its employees is valid as proof that these services have been ordered and implies the client’s obligation to pay for such services.
- Services are provided by Marlex as per fee and cost structure set out below:
- Fees: Marlex calculates its fees as per hourly rates that vary according to the lawyer’s seniority who is in charge of the project. A summary setting out the currently applicable hourly rates per lawyer can be provided at the client’s request. Marlex can modify the hourly rates on a regular basis.
- Office expenses: This item includes all fixed and general office expenses, for example correspondence, registered letters, copies, scans and faxes. These costs are charged as a flat fee consisting of a 15% surcharge on the fees.
- Specific office expenses: This item includes all amounts advanced by Marlex in the framework of the execution of the project, for example legal costs (court fees, bailiff’s charges, etc.) and translation costs. Expenses paid to third parties are charged separately.
- Travel expenses: Travel expenses are charged at a flat rate of EUR 0.50/km. All fees and costs are exclusive of any applicable VAT.
- For clients subject to VAT who are not established in Belgium, the VAT can be shifted if Marlex is provided with a valid VAT number from the client for verification.
- The settlement on the basis of an hourly rate is provisional in nature and without prejudice to the right of Marlex to ask an additional fee in the final invoice.
In a non-restrictive way, the following elements justify for an additional fee: the singular character of the project, the urgency, a positive outcome or the importance of the project.
Marlex can charge advances in the form of provision. Invoices of costs and fees, statements of fees and other expenses are to be paid in cash.
- From the 21st day any invoice of costs and fees, statement of fees and expenses that are not paid by the due date shall be subject, automatically and without notice of default, to an interest rate of 10% until the date of effective payment. In the event of late payment the client shall owe a non-recurrent compensation for collection charges equal to 10% of the principal. In default of payment, Marlex shall have the right to suspend further execution of its services.
- The client and Marlex can end the cooperation at any time without compensation. However, the services performed and expenses incurred have to be paid.
- Marlex shall pass on all amounts it receives on its third party account to the client as quickly as possible. In the event that the invoices issued by Marlex are not paid on time, the client expressly agrees that Marlex shall withhold the amounts it is owed from the amounts received on behalf of the client so as to settle the outstanding statements and that it may, as appropriate, offset these amounts received from third parties against such outstanding statements subject to prior notice.
- Any liability on the part of Marlex and/or its employees is limited to the amount paid out by the third-party liability insurance of Marlex. Clients shall solely submit any liability claim by means of a direct claim against Marlex’ third party liability insurer. The policy’s terms and conditions can be made available for consultation upon request. If, for whatever reason, no payment can be obtained from the insurer, the liability of Marlex and/or its employees shall collectively be limited to an amount of maximum EUR 200,000. In any case, the right to compensation shall expire 12 months after the event from which the damage directly or indirectly arose.
- Under no circumstances the client can derive any rights from the information available on the website and Marlex cannot be held responsible for any direct or indirect damages arising from using the website.
- Marlex has the right to modify these general terms and conditions at any time. In case of modifications, the client will be informed of the modified text. The general terms and conditions are held to be accepted unless written protest is received within three weeks from the notification of the modified text.
- If one or more of these terms are invalid, it does not affect the validity and enforceability of the other terms. In this case, the invalid term will be replaced automatically by a valid and enforceable term which comes closest to the purpose of the original term.
- The agreement between Marlex and the client (and any non-contractual obligations which should arise or associate) is solely governed by the Belgian law and is according to the rules of deontology. All disputes fall within the exclusive jurisdiction of the Courts of the legal district of West Flanders (department Bruges).
- This English version is for information purposes only. The original Dutch version of the general terms and conditions will supersede this translation in case of any discrepancies between the two versions.