General Terms and Conditions of Pricing
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Introduction
In accordance with the ethical obligations of the Ordre francophone des avocats du barreau de Bruxelles, the lawyers at LEX4U set out below the method used to calculate the costs and fees that will be charged for their services.
With regard to fees, these remunerate the lawyer’s actual work. They include services such as routine correspondence, consultations and advice, the drafting of procedural documents, agreements or submissions, meetings necessary for the progress of the case, legal research, court pleadings and the usual steps involved in handling the case, etc.
These fees will also include any services that may be provided by an in-house and/or external associate lawyer at LEX4U, whom LEX4U reserves the right to engage without having to seek the client’s prior approval.
BASIS FOR CALCULATING FEES
A distinction must be made between the fees paid for the solicitor’s services, on the one hand, and office costs and the disbursements involved in handling cases, on the other.
FEES
Services will be invoiced at a basic hourly rate of €200.00 excluding VAT.
The above amounts will be updated periodically to reflect changes in costs. Should any such update occur, you will be notified of the adjustment.
The basic hourly rate may be adjusted upwards or downwards depending on criteria such as the complexity of the case, the urgency of the matter and the lawyer’s experience in the relevant field. An urgent assignment is defined, in particular, as any task involving work after 7.00 pm, at weekends or requiring immediate availability (e.g. an urgent court filing).
In the interests of transparency and predictability, LEX4U endeavours, as far as possible, to provide an indicative fixed-fee quote at the start of the assignment, taking into account the nature and complexity of the case. This fixed fee is an estimate based on the information available at the start of the case and is not legally binding on LEX4U.
In the event that the initial flat fee is likely to be exceeded (particularly due to new information, developments in the case or the need for additional services), the client will be informed as soon as possible so that they may give their prior consent to the continuation of the assignment under the new terms.
FEES
The firm’s administrative costs will be invoiced on a flat-rate basis equivalent to 10% of the fees. These include travel, typing, postage and registered post costs, etc.
A one-off flat-rate fee of €150.00 (excluding VAT) will be charged for the opening of any case.
All amounts are quoted excluding VAT.
The above amounts will be updated periodically to reflect changes in costs. Should any updates occur, you will be informed of these changes.
OUT-OF-POCKET EXPENSES
The disbursements incurred in connection with a case may include, but are not limited to, the following: court fees, bailiff’s fees, administrative costs for civil status records or other documents, fees payable to a sworn translator or a consultant, fees paid to a solicitor outside the firm for services provided before a court outside the district where it does not appear necessary for a solicitor from the firm to travel, etc.
Disbursements are not subject to VAT, except for bailiff’s fees.
PERFORMANCE-BASED FEE – SUCCESS FEE
Upon completion of the case and in addition to the fees referred to above, in the event of a full or partial success in litigation, LEX4U’s statement of costs and fees may be increased by a success fee based on the amounts recovered or the debts avoided, comprising both principal and interest, plus any fines, penalties or surcharges.
The rate of this success fee shall be :
Income bracket: €0 to €6,250.00
15%
Income bracket: 6.250,01 € à 50.000,00 €
10%
Income bracket: 50.000,01 € à 125.000,00 €
8%
Income bracket: 125.000,01 € à 250.000,00 €
6%
Income bracket: + de 250.000,01 €
4%
Any sums paid as basic fees will be deducted from the amount of this success fee.
CLIENT BEHAVIOUR THAT MAY AFFECT THE AMOUNT OF COSTS AND FEES
The client’s attention is drawn to the fact that they may, if they wish, help to keep costs and fees to a minimum, in particular by preparing complete and well-organised files as soon as possible, along with clear notes, and by avoiding sending a large number of documents or bulky files as email attachments that LEX4U will then have to print (these documents may be handed in at the office or sent by post), and by ensuring that LEX4U does not have to send the client reminders regarding unpaid fees or missing information, etc.
LEGAL COSTS
Where a court order requires the opposing party or parties to pay legal costs to the client, the total amount of costs and fees (including VAT) shall be at least equal to the amount of those legal costs.
VAT
Under the latest budgetary provisions adopted by the government on 1 July 2013, all legal services have been subject to a VAT rate of 21% since 1 January 2014, which means that all fees, ‘success fees’ and costs charged to the client and/or the third-party payer are automatically increased by 21% from that date.
As legal expenses insurers refuse to cover VAT if the client is VAT-registered and eligible to deduct it, clients meeting these criteria will therefore be personally liable for the payment of VAT to the firm.
ADVANCES, STATEMENTS, INVOICING, TERMS OF PAYMENT AND LATE PAYMENT
En vue d’étaler la dépense, LEX4U veille à solliciter
In order to spread the cost, LEX4U ensures that it regularly requests advance payments towards costs and fees (and, where applicable, disbursements if it advances these).
The first advance payment covers all or part of the services that would have been carried out at the time of the request, with any remaining balance set aside for work yet to be performed. Further requests for advance payments will be submitted to the client at a later date, once the sums already paid have been used up or are about to be used up.
Upon completion of the case, a final statement of fees, costs and disbursements is drawn up, showing either the balance still due or any overpayment to be refunded to the client (provided that all amounts due from the client have been paid). One or more interim statements may be drawn up at any time, either on the firm’s own initiative or at the client’s request.
A la demande du client, l’avocat établira une estimation des frais, honoraires et débours. L’estimation tient compte des éléments dont l’avocat a connaissance lors de son établissement et est limité aux prestations décrites.
The client agrees to electronic invoicing.
Invoices and payment requests are payable in full into LEX4U’s account.
In the event of a direct debit from a third party’s account, LEX4U is authorised to deduct from the sums it receives on the client’s behalf any amount still owed to it by way of retainer, fees, costs or disbursements, in any matter it is handling on the client’s behalf. LEX4U shall inform the client of such a deduction.
In the event of non-payment by the due date, advances and statements of costs shall automatically and without formal notice bear interest at the rate of 8% per annum, and the client shall be liable for the costs of registered post and any other costs incurred in recovering the amounts due. The solicitor shall be liable for the same compensation if he fails to fulfil his obligations towards the client. In the event of payment by instalments, a delay in payment of any monthly instalment shall also result in the entire amount due becoming immediately payable.
LEX4U shall also be entitled, without incurring any liability for any resulting consequences, to suspend or terminate its work on cases opened in the client’s name if the client fails to pay the solicitor the outstanding amounts due 8 days after a reminder has been sent. This reminder must inform the client that LEX4U will suspend or terminate its involvement upon the expiry of the 8-day period.
COSTS AND THE THIRD PARTY’S SOLVENCY
The client’s attention is drawn to the fact that the law provides that, in the event of legal proceedings resulting in an unfavourable judgment, the losing party is ordered to pay the other party legal costs determined on the basis of the value of the claim, as well as other expenses (expert’s fees, court registration fees, etc.).
In the event of a successful outcome, if the other party fails to comply voluntarily, the judgment will have to be enforced, the costs of which must be advanced by the client. The debtor’s poor creditworthiness may jeopardise the chances of recovery, for which LEX4U cannot be held liable.
CONDUCT OF THE MISSION
Within the scope of the mandate entrusted to LEX4U, the firm may, whilst ensuring that the client’s interests are safeguarded, appoint one of its partners or associates to act on its behalf for all or part of the services to be provided.
Any dispute shall be subject to an attempt at conciliation and, failing that, shall be settled in accordance with the internal rules of the Francophone Bar Association of Brussels.
LEX4U’s involvement entails obligations of means and diligence. These obligations can only be fulfilled in a spirit of cooperation and provided that the client supplies LEX4U, in good time, with all the information necessary to defend their interests.
This engagement requires compliance with the laws governing the legal profession, as well as with the regulations and recommendations laid down by the Francophone Bar Association of Brussels, of which the lawyer is a member.
Any funds that the lawyer may be required to receive on behalf of the client or on behalf of third parties will be channelled through their escrow account held with ING Bank under IBAN number BE11 6303 2054 5148 and subject to the supervision of the lawyer’s Bar Association.
POSSIBILITY OF A THIRD-PARTY PAYER COVERING THE COSTS
It is essential to draw the client’s attention to the possibility that they may be eligible for full or partial reimbursement by a third-party payer, for example, through a policy of ‘legal protection’ insurance.
If this is the case, the client undertakes to notify LEX4U immediately and to provide the contact details of the third-party payer.
The client shall, without delay, take the necessary steps with this third-party payer to request that they cover all or part of LEX4U’s services and costs.
Any services that LEX4U requests to be carried out, without being certain that the third-party payer will cover the costs, shall be charged to the client in the event of a total or partial refusal to cover the costs.
LEX4U also draws the client’s attention to the fact that, even where a third-party payer is involved, the client – in their capacity as a client and principal of LEX4U – will be required to bear the cost of any fees and expenses not covered by the third-party payer (exceeding the reimbursement limit, partial refusal of cover, a dispute by the third-party payer regarding the hourly rate or the final method of calculating fees or costs, amounts exceeding those provided for by or pursuant to Articles 8 and 11 of the Act of 22 April 2019 aimed at making legal expenses insurance more accessible, etc.).
It is expressly stated that the legal expenses insurer does not have the authority to instruct a solicitor to assist and represent its insured person in court, that is to say, to confer a mandate ad litem upon them. Only the insured person (the client in this case) is free to choose their solicitor (LEX4U) and may confer this mandate upon them.
Consequently, the legal expenses insurer has no contractual relationship with the lawyer chosen by its insured party, acting merely as a third-party payer in relation to the client-lawyer relationship.
The client signing this agreement shall therefore, in all circumstances, remain solely liable to LEX4U for all costs, fees and charges relating to the defence of their interests.
SUBSCRIPTION CONTRACTS
LEX4U offers a range of subscription packages enabling clients to benefit from regular, structured legal support tailored to the size and needs of their business. The packages set out below are provided by way of example and are subject to change. For the latest information, clients are invited to visit the LEX4U website: www.lex4u.com.
Lex_Compliance – External DPO & AI Team
Comprehensive support for GDPR compliance and artificial intelligence. Includes an initial audit of data processing activities, the preparation of mandatory GDPR documentation, official appointment as a DPO, as well as ongoing support covering the management of user requests, quarterly compliance updates and regulatory monitoring.
Lex-Support – Seconded Lawyer
Provision of a lawyer integrated into the client’s team, covering all areas of law. Suitable both as a temporary replacement for an absent in-house lawyer and as reinforcement for an overburdened legal team. The seconded lawyer integrates into the client’s processes and tools for a flexible period ranging from a few weeks to several months.
LEX_START – Start-ups, self-employed professionals & micro-enterprises
A package designed for organisations with 0 to 9 employees, with a 12-month commitment (automatically renewed, subject to 3 months’ notice). Includes advice on legal structuring, answers to legal queries on all subjects (within 48 working hours via the portal), review of contractual documents, a legal chatbot specialising in company law, and access to a library of customisable legal templates.
LEX_PRO – SMEs and growing businesses
A package designed for businesses with 10 or more employees, with a 12-month commitment (automatically renewed, subject to 3 months’ notice). Includes all LEX_START services plus a dedicated point of contact (SPOC), a sector-specific legal chatbot, website audits, document customisation via LEX4U, out-of-court commercial dispute resolution, amicable debt recovery, corporate legal secretarial services and preferential rates for legal proceedings.
Under any subscription contract, LEX4U will first provide a detailed quotation specifying the cost of the subscription (monthly or annual flat-rate fee, excluding VAT). The LEX_START and LEX_PRO packages are subject to an initial 12-month commitment, with automatic renewal and a three-month notice period for termination. The Lex_Compliance and Lex-Support packages are agreed upon the basis of a quotation, for a duration determined according to the client’s needs. In all cases, LEX4U reserves the right to review the terms of the subscription (in particular the cost or the scope of the services covered) by giving the client reasonable notice. The quotation is subject to the client’s prior approval before it takes effect.
SERVICE PACKAGES
Unlike subscriptions, packages are one-off services, with no commitment or recurring charges. They are designed to address a specific and immediate legal need, with a fixed fee agreed in advance. Each package includes a standard component: a 30-minute online consultation, a summary of the consultation with a legal assessment, and the drafting of two legal documents tailored to the client’s specific issue. The packages listed below are provided as examples and are subject to change. For the latest offering, clients are invited to visit the LEX4U website: www.lex4u.com. This core package is tailored by subject area as follows:
Website Package
Consultation (30 mins) + summary + 2 documents focused on the legal compliance of the online presence: terms and conditions of use, privacy policy, cookies policy, legal notices, e-commerce compliance.
AI Pack
Consultation (30 mins) + summary + 2 documents focusing on the legal framework for the use of artificial intelligence: internal AI charter, specific contractual clauses, compliance with the European AI Act.
Starter Pack – Start & Go
Consultation (30 mins) + summary + 2 documents focused on setting up a business: choosing a legal structure, drafting articles of association, a shareholders’ agreement and initial legal obligations.
IP Pack – Intellectual Property
Consultation (30 mins) + summary + 2 documents focused on protecting creative works and intangible assets: copyright assignment, licence agreements, non-disclosure agreements (NDAs), and trade mark and patent strategy.
Property Pack – Real Estate
Consultation (30 mins) + summary + 2 documents focused on property transactions: commercial leases, sale and purchase agreements, review of preliminary agreements, and specific clauses relating to the client’s business.
Basic GDPR Compliance Pack
Consultation (30 mins) + summary + 2 GDPR compliance-focused documents for small organisations: data processing register, privacy policy, data processor clauses, initial data protection measures.
For all packs, LEX4U provides a quote in advance specifying the flat-rate cost (excluding VAT). The pack has no time limit. However, LEX4U reserves the right to review the terms of the pack (in particular the cost or the content of the services included) by giving the client reasonable notice. The quotation is subject to the client’s prior approval before it takes effect. Any services exceeding the scope of the pack will be invoiced at the current hourly rates.
RIGHT OF WITHDRAWAL – CONSUMER CUSTOMERS
Where the contract is signed outside the firm’s usual place of business, the client – who must be a natural person acting in a private capacity – has a right of withdrawal. They have 14 calendar days from the date the contract is concluded to withdraw. This right may be exercised by sending a letter addressed to LEX4U stating that they are exercising this right.
Where the right of withdrawal is exercised, LEX4U will refund all payments received from the client within 14 days of being informed of the decision to withdraw.
The customer loses their right of withdrawal once the service has been fully performed if performance began with their prior express consent and the customer acknowledged that they would lose their right of withdrawal once the contract had been fully performed.
Furthermore, where the customer exercises their right of withdrawal after having requested that the services commence during the withdrawal period, they must pay for the services that have been provided up to the point at which they informed LEX4U of their decision to withdraw.
PREVENTION OF MONEY LAUNDERING AND TERRORIST FINANCING
LEX4U complies with its legal obligations regarding the identification of the client or their principal. The client and their principal undertake to provide, on their own initiative, all documents necessary to establish their identity and authorise the solicitor to make copies of them. The obligations of LEX4U and the client arise, in particular, from the provisions of the Act of 18 September 2017 on the prevention of money laundering and terrorist financing and on restrictions on the use of cash. The information to be provided by the client varies depending on whether the client is a natural person, a legal person or an authorised representative. The client shall inform LEX4U as soon as possible and of their own accord of any change in their circumstances and shall provide evidence thereof.
Where the nature of the matter (assisting the client in the preparation or execution of transactions such as the purchase or sale of property or commercial enterprises, the management of securities portfolios or other assets belonging to clients or the client’s principal, the opening or management of bank accounts, savings accounts or investment portfolios, the organisation of the contributions required for the incorporation, management or administration of companies, the incorporation, management or administration of trusts, companies or similar structures, or acting in the name and on behalf of the client in all financial and property transactions) or where the specific situations provided for by the aforementioned Act of 18 September 2017 (country of origin, identification difficulties, an unusual relationship between the client and the solicitor or the nature of the transactions, public figure or equivalent) impose a duty of enhanced vigilance on LEX4U, the client undertakes to answer any questions put by LEX4U to enable it to comply with its legal obligations regarding the prevention of money laundering and the financing of terrorism.
When LEX4U assists a client with their defence in court or provides them with legal advice (assessing their legal position), it is bound to strict professional secrecy.
The law requires a solicitor to inform the President of the Bar as soon as they become aware, outside the scope of their legal defence or legal advice, of facts which they suspect are linked to money laundering or the financing of terrorism. The President of the Bar, as the guardian of professional secrecy, shall, where appropriate, forward the suspicious activity report to the CTIF (Financial Intelligence Unit).
In the case of a company, the signatory or signatories hereto undertake jointly and severally, as co-debtors, to pay any and all sums generally due by the company and/or the organisation which they declare to represent to the law firm.
PROTECTION OF PERSONAL DATA
LEX4U operates with complete transparency and in compliance with the applicable regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (‘ GDPR”) and the Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data (“Privacy Act”).
For further information, LEX4U’s Privacy Policy is available and can be accessed at any time on its website via the link https://lex4u.com/politique-de-confidentialite/.