General terms and conditions

1. APPLICATION

1.1 These general terms and conditions apply to all services provided by LCAS BV, with trade name Simon Geens Advocaat (hereinafter "SGA"), with registered office at Stationsstraat 101, 2570 Duffel and company number 1032.528.970.
1.2 If a client appeals to SGA, he is deemed to have received the general terms and conditions and to accept them.
1.3 If one or more clauses of these general terms and conditions are invalid or null and void, this does not affect the validity and enforceability of the other clauses of these general terms and conditions. In this case, the null and void or invalid provision will be replaced by a provision of the same scope or as close as possible to it.

2. PAYMENT FEES

2.1 The rates agreed with SGA are exclusive of VAT.
2.2 Fees are payable no later than 14 calendar days after the submission of the commission note or the fee statement.
2.3 If the client does not agree with the statement of fees, he must protest this in writing and with reasons within 14 calendar days of the invoice date.
2.4 A detail of the services provided is available at the client's first request.
2.5 In the event of late payment of the commission note or the statement of fees, a default interest at an interest rate of 10% per annum as well as a fixed compensation of 10% (with a minimum of €250) is due ipso jure and without prior notice.
2.6 If a payment term is exceeded, SGA is entitled, ipso jure and without prior notice, to suspend further services until the amounts due have been paid in full.
2.7 The parties agree that their mutual claims will be immediately offset from the date on which the respective claims arise, including claims that are not yet certain, due or due and including all claims that depend on a future condition, including all damages due for any reason whatsoever (including damages, expenses or expenses) in accordance with the Law of 15 December 2004 on financial securities.

3. LIABILITY

3.1 SGA's professional liability is at least covered by the civil professional liability insurance taken out by the Flemish Bar Association.
3.2 SGA's liability is in any case limited to the amount for which intervention is provided by the professional liability insurer.
3.3 Any liability claim against SGA shall lapse no later than one year after the client has become aware or should reasonably have become aware of the facts on which the claim is based, and in any event no later than two years after the file has been closed.
3.4 SGA's commitments are solely obligations of means. SGA undertakes to carry out the assignments entrusted to it carefully, competently and in accordance with the applicable legal and ethical rules, without giving any guarantee as to the achievement of a specific result.
3.5 SGA cannot be held liable simply because the result intended by the client is not achieved, unless there is a proven professional error.
3.6 SGA is not liable for delays or shortcomings caused by force majeure, including failures in telecommunications or computer systems, strikes, pandemics, government measures or other circumstances beyond its reasonable control.
3.7 SGA is not liable for errors, shortcomings or negligence of third parties that are invoked in the context of the handling of the file, except in the case of intent or gross negligence in the choice of these third parties.

4. TERMINATION OF THE ASSIGNMENT

4.1. Both the client and SGA can terminate the collaboration at any time.
4.2. In the event of termination, all services already provided, costs incurred and fees due will remain due in full.
4.3. SGA can terminate its intervention if there is a lack of trust between the parties, if the client does not meet its payment obligations or if the legal or deontological rules make further intervention impossible.

5. ESCROW ACCOUNT

5.1 SGA transfers all amounts it receives for the client to the client within the shortest possible period of time.
5.2 SGA may deduct fees and expenses due from the amounts it receives for the client. The client will be informed of this in writing.
5.3 SGA transfers all amounts it receives from the client on behalf of third parties to these third parties within the shortest possible period of time.

6. DATA PROTECTION AND ARCHIVING

6.1 SGA processes personal data of the client in accordance with the provisions of the General Data Protection Regulation 2016/679 dd. 27 April 2016. SGA is the controller and determines the purpose and means of the data processing. SGA is therefore committed to protecting and managing the processing of the client's personal data in all transparency on a daily basis.
6.2 SGA processes all data (such as name, e-mail, invoicing data, mobile phone number, and all data relating to the legal file) that it deems necessary to execute the agreement with the client and to be able to handle the file as carefully as possible.
6.3 After the file has been closed, SGA keeps the file for a period of five years. After this, original documents are returned to the client and must be archived by the client himself.
6.4 All information exchanged in the context of the assignment will be treated in accordance with professional secrecy and the legal confidentiality obligations incumbent on lawyers.

7. MONEY LAUNDERING LEGISLATION

7.1. If SGA assists you in the context of financial or real estate transactions, specific legal and ethical rules must be complied with in order to combat money laundering and terrorist financing.
7.2. Before SGA can accept you as a client in that case, SGA must first check your identity and that of any of your representatives and ultimate beneficial owners (UBOs). Your characteristics and the purpose and nature of the assignment that you entrust to SGA must also be assessed. These vigilance obligations also apply during the execution of the assignment, and all other assignments that you would entrust to SGA. The costs of these administrative obligations are settled in the fee.
7.3. To allow SGA to comply with these obligations, you must immediately provide SGA with the necessary information when requested. If there are any changes that may affect your status, you immediately provide that data of your own accord. The information you provide will be processed and stored by SGA for a period of 10 years from the end of the business relationship or the last assignment that you entrust to SGA. For more information about the data protection aspects of the obligations under the money laundering prevention regulations, SGA refers to the privacy policy.
7.4. If you fail to provide the necessary information, SGA cannot accept you as a client and/or SGA is forced to terminate the work for you immediately. SGA is not liable for any damage resulting from this. Moreover, the termination of the work does not affect the services already performed and billable.
7.5. If, in the course of carrying out our assignment, facts are established that SGA knows or suspects are related to money laundering or terrorist financing, SGA must immediately report this to the President of the Bar Association, except when SGA provides you with legal advice or defends or represents you in connection with legal proceedings. The President of the Bar will then decide whether he must submit this report to the Financial Intelligence Processing Unit. In the event of a report, SGA is also obliged to terminate the work for you immediately, without being allowed to inform you of the reason for this. That is prohibited by law. Furthermore, you cannot hold SGA liable for the reports that are submitted to the Financial Intelligence Processing Unit in good faith.
7.6. These obligations do not affect the professional secrecy that continues to characterize the relationship between the client and his lawyer.

8. COMPLAINTS

8.1. Complaints regarding the service must be communicated to SGA in writing within a reasonable period of time so that an amicable solution can be investigated.
8.2. If necessary, the client can turn to the competent president of the bar to which SGA is affiliated

9. LAW AND COURT

Belgian law applies and the courts of Antwerp, Mechelen division are competent