Terms and conditions of services - eMotio.law
1. General information
A. Scope of application
eMotio.law is a limited liability company (SRL) under Belgian law, whose registered office is located in Belgium at 1060 Brussels, Chaussée de Charleroi, no. 112, registered with the Crossroads Bank for Enterprises in Belgium under number 0668.484.804 (hereinafter referred to as “eMotio.law“).
These terms of service (hereinafter, the “Terms of Service“) constitute a legally binding agreement between eMotio.law and any legal or natural person using the Services of eMotio.law (hereinafter, 2.) (hereinafter, the “Client“).
eMotio.law and the Customer may hereinafter be referred to together as the “Parties” or individually as a “Party“.
B. Acceptance
Unless otherwise expressly agreed in writing, the Terms of Services apply to each assignment entrusted to and accepted by eMotio.law. Any solicitation by the Client of eMotio.law’s services, after the Client has been informed of these Terms of Services, implies the Client’s acceptance of the Terms of Services.
This acceptance is irrevocable and without reservation, and also extends to the other legal documents made available on eMotio.law, including the Privacy Policy, available here.
The Parties are exclusively bound by the provisions of these Terms of Service. The application of any other conditions is excluded between the Parties.
C. Modification
eMotio.law reserves the right to modify these Terms of Service at any time.
In this case, eMotio.law will inform the Customer as soon as possible.
Modifications are effective immediately, unless otherwise specified. The only version of the Terms of Service applicable is the one in effect at the time the Client accepted them.
D. Contact
If you have any questions, comments or complaints regarding these Terms of Service, please do not hesitate to contact eMotio.law by e-mail at info@emotio.law or by post at the above postal address.
2. Description of Services
eMotio.law offers legal assistance in all areas of business law. All of eMotio.law’s lawyers are members of the French Bar Association or the Dutch Bar Association of the Brussels Bar (Belgium), or are authorized to practice in Belgium.
eMotio.law is the exclusive contracting party for all services provided by its lawyers and staff. Each case is handled by an eMotio.law partner, assisted, where necessary, by one or more counsels, associates and staff members.
eMotio.law may also, at its discretion, call upon lawyers who are not part of the firm to carry out certain specific tasks.
The services defined in this section are hereinafter collectively referred to as the “Services“.
3. Dispositions specific to the Consumer Client
For any contract for the provision of services concluded at a distance as proposed by the eMotio.law partner in charge of the file to a consumer, the latter has the right to renounce the said contract for a period of fourteen (14) working days following the conclusion of the contract. In this case, the consumer is not required to pay any penalties or justify the reasons for his or her choice. Only the costs of opening the file and the fees and costs imposed by urgency, such as the statute of limitations or the foreclosure period, will be charged.
In application of the provisions of the Code of Economic Law, since the consultations entrusted to the lawyers must be carried out within a maximum of 14 days after the day on which the Client receives the order confirmation email and the Client has expressly waived his/her right to retract when confirming their order, the Client does not benefit from any right of retraction as described in the previous paragraph in the event that the consultation has been fully carried out. In this case, the Customer may still contact the partner in charge of their case directly and exclusively to ask him/her to terminate the contract, but costs and fees corresponding to the work carried out will be invoiced in connection with the completion of the consultation ordered (e.g. acquaintance with the question, research, or partial drafting of a written response, attendance at a hearing, etc.).
In the event of a dispute between a consumer and eMotio.law, the parties will attempt to resolve the dispute amicably before any recourse is taken. If the dispute cannot be resolved in this way, the consumer may contact the Mediation Service competent for lawyers according to the Order to which their lawyer belongs.
All information is available at the following addresses and websites:
Service Ombudsman des avocats de l’Ordre des barreaux francophones et germanophone – – (Lawyers’ Ombudsman Service of the French- and German-speaking Bar Associations)
Avenue de la Toison d’Or, 65
1060 Brussels
Tel:02 648 20 98
E-mail: ombudsman@ligeca.be
Website: http://obfg.ligeca.be/fr
Mediation service for lawyers of the Dutch-speaking Bar Association
Rue du Moniteur 8
1000 Brussels
Tel: 02 227 54 70
E-mail: oca@ligeca.be
Site: http://oca.ligeca.be/
4. Protection of personal data
eMotio.law processes and stores the personal data that eMotio.law collects in connection with the provision of the Services:
- in compliance with applicable laws and regulations applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“RGPD“) and the Belgian Law of 30 July 2018 on the protection of individuals with regard to the processing of personal data, and
- in accordance with eMotio.law’s Privacy Policy, as made available to the Customer in Article 1.B hereof.
The term “personal data” has the same meaning as given to it in Article 4, 1) of the GDPR.
5. Confidentiality
Any Service provided by eMotio.law is for the exclusive benefit of the Client, in its capacity as Client. Reference may be made to the Services only in the context of the particular matter for which they were provided. Unless previously agreed in writing, opinions issued by eMotio.law may not be used by third parties and eMotio.law assumes no liability to third parties.
eMotio.law keeps strictly confidential all information concerning the Client and its business that is not in the public domain. eMotio.law will not disclose such information to third parties, except where such disclosure is necessary for the provision of the Services or where permitted or required under Belgian law. Under Belgian law, lawyers are subject to professional secrecy.
Unless otherwise indicated by the Client, eMotio.law is authorized to share general information about the files entrusted to eMotio.law with legal directories, such as Legal 500 and Chambers. However, information identifying the Client will not be published in such directories without the Client’s prior consent.
6. Professional obligations
A. Compliance with ethical rules
eMotio.law’s lawyers practice a regulated profession, subject to the Codes of Professional Conduct established by the Ordre des barreaux francophones et germanophone (www.avocat.be),the Ordre des barreaux néerlandophones (www.advocaat.be), to which l’Ordre français des avocats du barreau de Bruxelles (www.barreaudebruxelles.be) and/or the Ordre néerlandais des avocats du barreau de Bruxelles (www.baliebrussel.be) are members, and/or any other Belgian bar, as applicable to the lawyer(s) involved. Further information on the rules of professional conduct to which the professional practice is subject is available from the aforementioned organisations and websites.
Any difficulty relating to compliance with the rules of professional conduct may give rise to a complaint to be addressed to the President of the Bar Association to which the lawyers in charge of the Client’s case belong. In the event of a dispute over fees, conciliation, mediation and arbitration procedures are also set up by the relevant Bar Association. All information on this subject can be obtained from the above-mentioned Internet addresses.
B. Anti-money laundering obligations
Depending on the Services to be provided to the Client, eMotio.law may be required by law to comply with requirements relating to the prevention of money laundering before it can act on the Client’s behalf. In such a case, eMotio.law will need formal evidence to determine the identity of its client(s), the client’s representatives and the ultimate beneficial owners. To this end, eMotio.law may carry out checks using external electronic databases. eMotio.law must also determine the purpose and nature of the business relationship with the client.
If eMotio.law is unable to obtain proof of the identity of its clients, their representatives and/or beneficiaries, or if they fail to provide such proof, eMotio.law may be unable to act or eMotio.law may have to cease acting. eMotio.law is obliged to report any suspicion of money laundering activity to the President of the relevant Bar Association. eMotio.law may be compelled to cease working on the matter in question and is not authorized to notify the Client of the making of such a report. eMotio.law assumes no liability to the Client, its representatives or its ultimate economic beneficiaries for the making in good faith of such a report and its possible consequences.
7. Insurances, liability and guarantees
Without prejudice to the Client’s right to sue eMotio.law, the Client agrees, to the extent that such agreement is enforceable under applicable law and regulation, that there is no presumption of a duty of care in any personal capacity on the part of the partners or other members, shareholders, employees or attorneys and not to bring any action against them. The maximum aggregate liability of eMotio.law, its partners, other members, shareholders, employees, attorneys or consultants of any kind, for any loss or damage, regardless of cause, arising out of or in any way connected with the provision of the Services, is limited to the amount covered and actually paid by eMotio.law’s insurer pursuant to its professional insurance policy.
eMotio.law’s professional liability is currently covered by the following insurance policies:
(i) 1st tier: insurer Ethias (having its registered office at Rue des Croisiers 24, B-4000 Liège) for an amount of EUR 2,500,000 per claim (group policy Operating and Professional Civil Liability of Lawyers n° 45.118.401 and 45.118.414);
(ii) tier 2: the insurers Ethias and AIG Europe (whose registered office is at Boulevard de la Plaine 11, B-1050 Brussels) for an amount of EUR 2,500,000 per claim, in addition to and after exhaustion of the cover in rank 1 (Lawyers’ Professional Liability policy no. 45463730);
(iii) tier 3: insurers AIG Europe and HDI-Gerling Assurances SA (whose registered office is at Avenue de Tervuren 273, bte 1, B-1150 Brussels) for an amount of EUR 7,500,000 per claim, in addition to and after exhaustion of 1st and 2nd tier cover (Professional Liability policy no. 156.76595460.30028036).
The geographical coverage of the insurance is worldwide, excluding the United States of America and Canada. At the Client’s request, eMotio.law will produce insurance certificates detailing coverage.
With regard to eMotio.law’s activities as an external hotline in whistleblowing systems, its liability is covered by CAN (with registered office at Avenue Charles Quint 586, B- 1082 Brussels) for an amount of EUR 1,250,000 per claim (Professional Liability policy no. BLF10282012).
The client guarantees eMotio.law against any recourse by a third party arising from the performance by eMotio.law of an assignment on behalf of the client, except in the event of fault on the part of eMotio.law.
8. Payment of fees and expenses
Our invoices are payable in euros, immediately upon receipt, by bank transfer.
The details of our bank account to which payment must be made are shown on our invoices and can also be obtained from our Accounts Department. We do not accept cash or credit/debit card payments. Any questions relating to an invoice should be addressed to the partner in charge of the file. Any dispute regarding an invoice must be notified without delay and in any event within 15 days of the invoice date. After this period, the invoice will be deemed to have been irrevocably accepted.
In accordance with the rules of the Bar, an advance on fees may be claimed as soon as the case is opened, the amount of which will be deducted from the next monthly statement of fees.
Any sum not paid on its due date shall automatically, and without prior formal notice, incur late payment interest set by the law of 2 August 2002 relating to combating late payment in commercial transactions. If the Customer is a consumer, the late payment interest will be equivalent to the legal rate in force.
In addition, a flat-rate compensation of 10% of the unpaid amount will be due, with a minimum of 150 euros, for the administrative costs of extra-judicial recovery, without prejudice to the right to prove the existence and extent of a higher actual loss and to claim reimbursement. We also have the right, subject to written notification, to terminate or suspend work on the file for which the invoice is unpaid.
Finally, if there are several co-debtors, they will be jointly and severally liable for payment of the fees and costs.
9. Termination
Either Party may terminate the relationship with the other Party by giving written notice.
The Client remains liable for payment of fees, costs and expenses incurred up to the date of receipt of the written notice of termination by eMotio.law.
10. Force majeure
Neither Party shall be liable or be deemed to have failed to perform its obligations hereunder in the event that any delay or failure in the performance of the rights and obligations hereunder is attributable to circumstances beyond the control of the Parties and disruptive to the normal course of business, including, but not limited to, government order, mobilization, war, an epidemic or pandemic, a lock-out, a strike, a demonstration, technical faults in the transmission of communications, a failure from the hosting services provider, a flood, an explosion, a change in global economic circumstances, an act of vandalism, or exceptional meteorological circumstances, without the Party invoking it having to demonstrate the unforeseeable nature of these circumstances (hereinafter, “Force Majeure“).
The Party claiming Force Majeure shall inform the other Party in writing without delay, and shall take all reasonable measures to overcome the temporary situation resulting from the Force Majeure.
In this case, each of the Parties may suspend the performance of its rights and obligations hereunder for the time required to overcome the temporary situation, or terminate these Terms and Conditions if the situation of Force Majeure persists for more than sixty (60) days, without any compensation being due.
11. Alternative dispute resolution
We draw our customers’ attention to the advisability of using alternative dispute resolution methods. In this respect, please note that mediation is a confidential and structured process of voluntary consultation between parties in conflict, which takes place with the assistance of an independent, neutral and impartial third party who facilitates communication and attempts to lead the parties to work out a solution themselves. Alternative dispute resolution offers many possibilities: it saves time, energy and costs, and takes greater account of human aspects, etc.
By accepting these terms and conditions, customers expressly acknowledge that they have been informed by the partner in charge of their case of the possibility of having recourse to out-of-court or court mediation, conciliation or any other form of amicable dispute resolution in order to settle any dispute they may have with an opposing party.
12. Closing a case
When a case is closed, we will, at your request, return the paper documents (pleadings, correspondence) to you against a receipt and/or archive the pleadings and correspondence for a period of five years. We do not undertake to keep copies of documents received from clients or third parties.
13. Miscellaneous provisions
These Terms of Service, as well as any additional legal documents, in particular the Privacy Policy, constitute the entire agreement between eMotio.law and the Client and supersede all prior agreements between the Parties concerning the Services.
These Terms of Service may be supplemented by specific additional terms and conditions. In that case, such additional terms and conditions shall form an integral part of these Terms of Service.
eMotio.law’s failure to enforce or take any action against the Client in the event of a breach of any of the provisions of these Terms of Service shall not be deemed a waiver of its right to enforce or take any legal action in the event of any subsequent breach of such provisions by the Client.
The invalidity of any provision contained in the various articles of these Terms of Service shall in no way affect the binding nature of the other provisions of our Terms of Service. The Parties agree that provisions deemed invalid and/or unenforceable by a competent judicial or administrative authority shall be replaced by conforming provisions that are as close as possible to the provisions deemed invalid and/or unenforceable and of equivalent economic effect.
In the event of any contradiction or dispute as to the interpretation of any term or provision contained in any translation (in one or more languages) of these Terms of Service, the French version of the Terms of Service shall prevail.
14. Applicable law and jurisdiction
These Terms of Service shall be exclusively governed by and construed in accordance with Belgian law.
Any dispute relating to these Terms of Service, in particular concerning their validity, interpretation or performance, and more generally any dispute between the Parties, shall be subject, unless specifically provided otherwise, to the exclusive jurisdiction of the French-speaking courts and tribunals of Brussels, unless mandatory legal provisions or public policy provide otherwise.
Before taking legal action, the Parties will take all reasonable steps to reach an amicable solution to the dispute between them, using alternative dispute resolution methods wherever possible.
