Praetica standard terms and conditions for interventions

In order to assist you in the best and most efficient way possible and in order to guarantee full transparency, Praetica works on the basis of specific rules, laid down hereunder.

 

1. Establishment/conclusion and performance of mandate

1.1. Missions – Praetica can only be deemed to have been charged with a mandate after the explicit and specific confirmation of a mandate request, explicitly accepted by Praetica and, if needed be, validated by the client itself. In any event, and without prejudice to a derogation explicitly confirmed in writing and in advance by Praetica, a mandate will not take effect until the retainer on fees and disbursements will have been paid in full.

1.2. Response times – Praetica commits to live up to the due care and communication obligations, appropriate to the work as an attorney. Furthermore, Praetica commits to reply to its clients’ queries within a term, appropriate to the nature of these queries.

 

2. Liability and insurance

2.1. Praetica is covered by a professional liability insurance policy; the terms and conditions of this policy will be forwarded to Praetica’s clients upon their request. Praetica’s and its attorneys’ liability will be limited to the amount covered by the aforementioned policy.

 

3. Financial arrangements

3.1. Retainers – Any opened file will give rise to a retainer, destined to cover one month of interventions and disbursements. The amount of the retainer is payable as of the opening of the file and prior to the performance of any intervention; in the event of several files, handled for the same client, the retainer can either be linked to one or more specific files, or be fixed globally taking into account the volume of the files; the retainer can be reviewed, either increased or decreased, in the course of the performance of the attributed mandate.

3.2. Fees – Without prejudice to a specific arrangement, the fees wil be calculated on the basis of the time dedicated to the file; this time will be charged at the hourly rate agreed prior to the intervention or fixed at the time of the first invoicing. This rate will always be subject to an annual indexation and can be reviewed by Praetica with a notice period of three months; furthermore the fees can be increased with a success fee in files in relation to a claim, litigation and/or negotiations.

3.3. Disbursements – Internal disbursements (telephone, copies, typing, mail, etc.) will not be charged; the external disbursements (bailiff, court registry, judicial experts, assistance by local correspondents at Belgian courts, transportation and accomodation costs, special deliveries, technical advice, etc.) will be invoiced at cost price.

3.4. Invoicing – Our interventions and external disbursements are invoiced on a monthly basis by sending an invoice with a detail of the interventions and the disbursements, registered  with Praetica at the date of the invoice. This invoice, that will include VAT subject to the applicable rate at the date of the issuance of the invoice, will be payable upon receipt.

3.5. Arrears – Any delay in payment of the invoices entitles Praetica to suspend the performance of the mandate until the situation will be regularized. Any late payment of an invoice will automatically bear  interests at the rate of 12% per year as of the date of the issuance of the invoice.

3.6. End of intervention – At the end of the file or of all files for which a retainer has been paid, this retainer shall be used to pay, where relevant partially, for the interventions and disbursements of the last month and, where relevant, the invoices that have not yet been settled as well as the success fee if any; the remainder, if any, of the retainer shall be reimbursed to the client.

 

4. Disputes

4.1. The relation between Praetica and its clients shall be governed exclusively by Belgian law.

4.2. Any invoices will be presumed to have been accepted, unless the invoice has been contested without delay by a written document explaining the motives for contestation in detail. In the event of an admissible contestation, mediation proceedings can be initiated pursuant to article 82 of the standing orders of the French-speaking Order of attorneys of the Brussels’ bar, provided that both parties agree. The Brussels’ courts shall have exclusive jurisdiction for any judicial claim with regard to Praetica’s costs and/or fees.

 

 

 

The general conditions of Praetica apply unless waived in special conditions.