General conditions

RESOLVED AVOCATS – ADVOCATEN (hereinafter: RESOLVED) is a limited liability company governed by Belgian law, with its registered office at Avenue Herrmann-Debroux 40, 1160 Brussels.

RESOLVED is registered with the Crossroads Bank for Enterprises in Brussels under number 0751.626.076.

All attorneys practising within this firm are members of either the French-speaking or the Dutch-speaking Order of Attorneys of the Brussels Bar, or of the Order of Attorneys of the Namur Bar.

All services provided by RESOLVED to its clients are, unless otherwise agreed, subject to these general conditions.

RESOLVED reserves the right to amend them. The client acknowledges having read the latest version published on the RESOLVED website (www.resolved.law).

Except in cases where an attorney or trainee attorney expressly acts on their own behalf, all services provided by attorneys associated with RESOLVED are deemed to have been performed exclusively in the name and on behalf of RESOLVED.

RESOLVED is a limited liability company (SRL/BV). Each of the partners is and will remain covered by professional indemnity insurance. The specific terms of this policy may be communicated to the client on request.

All attorneys and trainee attorneys associated with RESOLVED are covered by the mandatory professional indemnity insurance arising from their membership of the Bar.

This insurance covers liabilities for liability-triggering events occurring on or after 1 January 2013. The maximum amount per claim is EUR 2.5 million.

RESOLVED also holds additional second-tier insurance (co-insurers Ethias and Allianz, 50% – 50%), providing additional cover of EUR 2.5 million per claim.

The client acknowledges that any liability of the attorney, as well as of their staff, trainees or other agents, may only be invoked on the basis of the contractual liability arising from this agreement.

Save for any mandatory provision or rule of public policy to the contrary, any claim based on non-contractual liability against the attorneys of RESOLVED or their agents is expressly excluded.

In any event, the professional liability of the attorney, whether personal or arising from the actions of their agents, is strictly limited to the amount of the aforementioned insurance cover taken out by RESOLVED or by the attorney at the time of the triggering event. This amount constitutes an absolute ceiling for any compensation, regardless of the nature or origin of the damage.

The client declares having been informed of the existence and level of the attorney’s insurance cover, and accepts these limitations as an essential and decisive condition of this agreement.

The client acknowledges having been duly and fully informed by RESOLVED of the possibility of resorting to mediation, conciliation or any other amicable means of dispute resolution, and that the attorney made the necessary efforts to promote such solutions.

The client confirms having been expressly informed of the possibility of appointing a pro Deo attorney, but declares that they do not opt for this route.

The client acknowledges that the services provided may fall within the scope of the Act of 18 September 2017 on the prevention of money laundering and terrorist financing and on the restriction of the use of cash.

RESOLVED informs the client that the engagement may fall under a legal expenses insurance policy.

The client undertakes to inform RESOLVED as soon as possible of whether or not such cover exists.

Services and costs not covered by this insurance remain entirely the responsibility of the client.

Where this is deemed necessary for the proper handling of a matter, the firm may call upon third parties (for example: technical experts, judicial officers, etc.).

The involvement of these third parties takes place in the name and on behalf of the client, who is deemed to have contracted directly with them.

The client bears in full the costs, fees and remuneration of these third parties, which must in principle be paid directly to them.

RESOLVED assumes no liability for the acts or omissions of these third parties.

This provision does not apply to other attorneys whom RESOLVED may engage for certain specific assignments. In that case, their costs and fees will be re-invoiced to the client by RESOLVED.

Unless otherwise agreed, fees are calculated on the basis of the number of hours worked, with the hourly rate potentially varying according to the involvement, complexity and nature of the assignment entrusted.

Unless otherwise agreed, internal costs (copies, postal mailings, etc.) and external costs (judicial officers, court registries, judicial experts, local stand-in services, etc.) are invoiced at cost price.

In addition, a file-opening fee of EUR 75 is charged.

Travel costs by car are calculated at EUR 0.70 per kilometre.

All amounts are exclusive of VAT.

Services and costs are the subject of a detailed invoice, payable within 30 days of the invoice date.

In the event of late payment, performance of the engagement may be suspended and late-payment interest is due as of right from the due date.

Advance payments and indexation of fees – RESOLVED may request a reasonable advance on fees and costs at the start of the matter or in the event of late payment by the client.

If this advance is not paid, RESOLVED may suspend or refuse the performance of its services.

Fees and costs may be indexed annually in line with the consumer price index.

These conditions apply to all assignments accepted by RESOLVED.

The client may terminate the engagement at any time in writing.

RESOLVED may only terminate it subject to a notice period of 14 days, unless such a period cannot be required for legal reasons.

RESOLVED reserves the right to retain files, in both paper and electronic form, for at least 5 years after their closure, unless the law requires a different period.

On expiry of this period, the file may be destroyed without prior notice.

On simple request, the client may obtain, before the end of this period, a copy of their file in return for reimbursement of the reasonable costs of reproduction and dispatch.

Belgian law alone applies to the relationship between RESOLVED and its clients.

In the event of a dispute, an amicable solution will be sought before any judicial or disciplinary recourse before the competent Bar.

The courts of Brussels have exclusive jurisdiction to hear any dispute relating to the services provided by RESOLVED.

RESOLVED processes personal data of clients, contacts and visitors in the context of its services.

This includes, in particular, file management, communication, compliance with legal obligations, and the legitimate interest of the firm.

This data may be shared with third parties (courts, authorities, other legal professionals, etc.) where this is necessary for the performance of the engagement.

Clients have rights over their personal data (access, rectification, erasure, portability, objection, withdrawal of consent).

Further information can be found in the RESOLVED privacy policy.