These terms and conditions (“Conditions”) apply to the services provided by Newton BV, with offices at Lambroekstraat 5A, B-1831 Diegem (Belgium), company number 0759.678.066, VAT BE0759.678.066 (“Newton”).
All members of Newton are attorneys-at-law (advocaat – avocat) admitted to the Bar of Brussels (Belgium) (www.baliebrussel.be – www.barreaudebruxelles.be) or to the Bar of Antwerp ((https://www.balieantwerpen.be). The rules of professional conduct applicable to the attorneys- at-law of Newton may be consulted on this website in Dutch or French, depending on the applicable Bar.
By entrusting an assignment to Newton and unless otherwise agreed, the client accepts the present general conditions without reservations, and acknowledges their precedence over any other regulation, unless of compulsory law or other agreement signed with the client.
Assignment – Newton and the client will endeavour to avoid existence of potential conflicts of interest and discuss these before starting cooperation. Newton delivers all assignments within a reasonable timeframe and to the best of its abilities.
All assignments will be kept strictly confidential. The client will be informed on a regular basis as to the execution of the assignment and its progress.
Newton can, when agreed upon with a client, appeal for the services of third party professionals (specialised lawyers, bailiff, translators, notaries, experts or accountants). The procedural fees and expenses are costs that Newton may have had to advance to third party professionals. These expenses will be stated precisely and in detail in the invoice and shall be charged at cost. Newton may request that these fees and expenses are invoiced directly to the client.
Anti-money laundering regulation – The anti-money laundering regulation is applicable to all attorneys at law and requires fulfilment of certain administrative enquiries, to be transmitted to the Dean of the applicable Bar Association. Based on this, Newton has the obligation to check the identity of the client. The client will provide Newton at first request with all identification data required. This information will also be transmitted to the CTFI ( Belgian Financial Intelligence Processing Unit ). Newton is not authorized by law to disclose the fact that such information was transmitted nor whether an investigation is underway.
Assistance from the client – The client will provide Newton with all information required to enable her to execute the assignment efficiently. The client is responsible for the accuracy, completeness, and trustworthiness of the transmitted information. If the client does not cooperate in a timely manner and according to the terms of service, Newton will not be able to assist according to this agreement and in a timely manner. Newton cannot be liable for any damage due to this lack of cooperation nor for possible delays caused by to the client, third parties or force majeure.
Fees and expenses – Newton charges according to an hourly fee or on a fixed fee basis, unless another calculation method has been agreed upon. The hourly fee depends on the degree of specialisation required, the expertise, the urgency, the importance or the specificity of the case.
Expenses advanced by Newton will be charged at cost. General office expenses are included in the fees (this includes, amongst others, general administrative costs, telephone costs, software licenses costs, paper, … ). Expenses which relate to travel are invoiced at the rate of 0,40 EUR/km for car travel and at cost for travel by public transportation.
Every estimation of legal fees will be done on a bona fide basis but is to be considered as an estimation only and will not be binding. Newton will inform the client in a timely manner in case real charges and fees exceed the original estimation.
Invoicing and payment – Newton invoices her services, exclusive of applicable VAT, monthly, unless another periodicity is justified based on the importance of the services rendered or the size of the amount to be charged. Each invoice will be accompanied by a detailed list of performances charged.
The invoices of Newton should be paid 30 days after invoice date, payable on the account number mentioned on the invoice. Failure to do so will result in an 10% interest on arrears becoming due by law and without further notice as from the date of issue. Failing payment within thirty days will further entail a 10% lump sum increase, with a minimum of 100 EUR, for reimbursement of recovery costs. In case of non-payment within the delay thus set Newton may, at its discretion, decide to suspend part or all of its services or to withdraw from the assignment altogether. Newton will not incur any liability for any damages that may be caused by such suspension or withdrawal. Newton, has the right, from date of written reminder, to suspend all further services, until all fees and charges have been settled.
If the client does not agree with the required advance payment or invoice, he should provide Newton with a motivated written letter indicating disagreement within 8 days from reception date of the invoice.
Third-Party payments – All funds received by Newton from third parties on behalf of the client should be credited on the Third Party account of Newton (BE28 0689 3973 5320). Newton can deduct amounts due to her by the client from such payments. She will inform the client of the same in writing. Newton will immediately transfer all amounts received from the client in favour of third parties to these third parties.
Intellectual Property rights – All intellectual property rights referred to in legal proceedings, contracts, advices and other documents issued by Newton are the sole property of Newton and cannot be used or reproduced without her explicit prior written consent.
Liability – All commitments of Newton are best effort obligations. Except in case of fraud or wilful misconduct, the liability of Newton (including its partners and other professionals that work on behalf of Newton and for which Newton is liable pursuant to these Conditions) is limited to the amount of the insurance coverage of the professional liability insurance of Newton. Newton is insured for its professional liability against the financial consequences of contractual or non-contractual, civil-law liability for damage or harm caused to third parties, including their clients, in the course of their profession through the Flemish Bar Association with Amlin Insurance and AG Insurance. The insurance coverage applies worldwide.
If the Client requires a higher insurance coverage for a specific assignment, this insurance coverage can be agreed upon, subject to the payment of an additional compensation by the client to Newton. The client and Newton shall jointly discuss and agree on the modalities and the compensation for this additional insurance coverage.
If the insurer refuses to cover the liability, the liability of Newton (including its partners and other lawyers that work on behalf of Newton and for which Newton is liable pursuant to these Conditions) is limited to twice the amount of the fees invoiced for the relevant assignment to the extent that such amount does not exceed 2.500.000 EUR.
Newton is not liable for force majeure or defaults of clients, third parties and other experts, nor of indirect and/or non-proven damage incurred by the client or a third party.
Data protection – Newton shall process the personal data in accordance with its Privacy Statement.
Termination – Unless agreed otherwise, the Client shall be entitled to terminate any assignment with a simple written notice with immediate effect and without any termination compensation being due. Upon termination of an assignment, the Client will receive an invoice compensating Newton for all outstanding fees and expenses. Newton will transmit all relevant documents to the client at first request. Unless agreed otherwise, Newton shall be entitled to terminate an assignment with a written notice to the Client, provided Newton offers the Client a reasonable notice period enabling the Client to appoint another counsellor.
Applicable law and Dispute Resolution – These Conditions are governed by Belgian law. In case of dispute between Newton and the client, parties shall strive to settle this amicably before the court or before the competent instance with the Bar. Any dispute that has not been settled amicably in accordance with the foregoing shall be submitted to the exclusive jurisdiction of the courts of Brussels (Belgium).
Diegem, 30 December 2020.