Scope
These general conditions apply to all bespoke legal services offered by the law firm.
These general conditions do not apply to the purchase of SUB ROSA products via the Internet. Those sales are covered by SUB ROSA LEGAL’s General Conditions ‘WEBSHOP’.
The parties
The limited liability company SUB ROSA LEGAL BV, herein after “SUB ROSA LEGAL” is a law firm established under Belgian law. Its head office is in Brussels and it is registered as a company with the number 0882.412.958. Its partners and assistants are lawyers at the Brussels bar (Dutch-speaking and French-speaking Orders) and are subject to the laws, customs and rules of professional ethics governing the profession of lawyer. When a file is opened for a client, he/she shall give their personal data to SUB ROSA LEGAL and will also notify SUB ROSA LEGAL of any changes that may subsequently be made to the data given.
The contract
In entrusting it with a file or a request for a consultation, a client enters into a contract with SUB ROSA LEGAL and is deemed to have accepted the general conditions. Any conflicting general conditions by the client will only be applicable after being expressly accepted by SUB ROSA LEGAL in writing.
The instructions given to SUB ROSA LEGAL may be either oral or written. SUB ROSA LEGAL undertakes to strive for the best possible result in conformity with the client's aims and to keep the client informed of how their case is progressing. The client undertakes to pass on to SUB ROSA LEGAL any information that is useful for the development of the case. The client undertakes to pay SUB ROSA LEGAL's expenses and fees.
Associates
SUB ROSA LEGAL shall bear full and exclusive responsibility for the cases entrusted to it, including when internal or external associates are called on. Save where otherwise provided in writing, SUB ROSA LEGAL shall be free to choose an internal or external associate.
Expenses and fees
Except otherwise agreed in writing, SUB ROSA LEGAL shall apply a triple hourly rate for all work done by the firm, depending on whether the work is intellectual work (€214/hour), general work (€173/hour) or intellectual work performed by the DOMINUS LITIS (€270/hour). This rate shall be multiplied by a factor of x1,5 in the case of work performed in urgent conditions. A success fee will be applied if the work done attains the objectives set out.
The outcome shall be regarded as definitive once all legal means have been exhausted. In the event of an appeal in cassation, a new agreement shall be agreed upon and if the representation is continued. SUB ROSA LEGAL can charge a retainer fee prior to all services.
Administrative costs of 10% of the principal amount of the fees will be invoiced.
The costs payed in favour of the client will be charged as a supplement.
These rates, applicable as of January 1st, 2024, are subject to the VAT and are indexed yearly according to the index of consumer prices.
Conditions of payment
When a file is opened, the client must set up a provision. All services provided shall be listed in an electronic timesheet which may be consulted by the client, on request, at any time. Detailed statements shall be forwarded regularly to the client. All invoices are to be paid upon presentation. In the absence of timely payment default interests will be due of right and without prior notice in concordance with the law of August 2nd, 2002, counting from the date of invoice, as will as additional compensation for collection costs (which amounts to at least 15% of the invoice amount). Payment costs shall be borne by the client.
Any complaints regarding the invoice should be sent to SUB ROSA LEGAL by registered letter within eight days after the invoice date, failing which the invoice is deemed to be accepted irrevocably. If any invoice remains unpaid, all other invoices are immediately and integrally due.
SUB ROSA LEGAL shall be entitled to halt work in the event of non-payment after a reminder has been sent.
Documents and archives
Clients are invited not to give any original documents to SUB ROSA LEGAL.
Where the client has not asked for it, once a file has been closed it is filed by SUB ROSA LEGAL for a period of five years from the date on which it was closed. After this date, the file shall be destroyed without further notice, unless the client has requested otherwise in writing.
Liability
SUB ROSA LEGAL lawyers have professional liability insurance, for French-speaking lawyers via the ‘Ordre des barreaux francophones’ with Ethias and for Dutch-speaking lawyers via the ‘Orde van Vlaamse Balies’ with AMLIN EUROPE (main insurer) and with Zurich Assurance and KBC Assurance (complementary insurers).
Furthermore, SUB ROSA LEGAL has also taken out additional coverage in addition to the usual compulsory insurance. A copy of this policy may be forwarded to the client on request. SUB ROSA LEGAL's liability is expressly limited to the amount of the policy. Where the client so requests in writing, this cover may be increased, and the special conditions relating thereto shall be agreed between the parties.
The client indemnifies SUB ROSA LEGAL and all lawyers that are part of, or working on behalf of, the firm SUB ROSA LEGAL for any claim by a third party resulting from services provided by SUB ROSA LEGAL on behalf of the client, except in case of gross negligence by SUB ROSA LEGAL.
Professional secrecy and data protection
All members of SUB ROSA LEGAL are bound by a strict duty of confidentiality according to Belgian Law. Therefore, all information regarding a case or the client himself is confidential and will only be revealed in the case of a legal disclosure requirement.
SUB ROSA LEGAL processes data in the context of the contract that you have concluded with SUB ROSA LEGAL (necessity for the performance of a contract). In particular, SUB ROSA LEGAL stores the following data: identity (name, address, email address, telephone number), business data, legal information, and any other information relevant to the client’s file.
In the event that the client gives instructions to SUB ROSA LEGAL, this will automatically imply an authorization for SUB ROSA LEGAL to collect, store and process the personal data, insofar that SUB ROSA LEGAL needs the information to fulfill its engagements to the client, or to comply with its obligations under Belgian and European law.
The personal data will not be transferred to third parties, except in the following circumstances if disclosure is mandated under law, where disclosure to third parties is necessary for SUB ROSA LEGAL to fulfil its commitments to the client, or if the client has given his/her consent to disclose the personal data.
At any time the client has a right to access and to consult his/her personal data and will be entitled to request rectifications and/or corrections if the data have become inexact or incomplete. Such requests should be sent to: gdpr@sub-rosa.be.
SUB ROSA LEGAL will keep the data as long as necessary to execute its mission and/or as required to comply with a legal obligation.
For further information we refer you to our Privacy Policy, which can be found on our website.
Disputes
The contractual relationship between SUB ROSA LEGAL and the client shall be governed by Belgian law. In the event of a dispute, the parties shall first try to reach an amicable agreement. If this attempt fails, the Courts of Brussels shall have sole jurisdiction except in cases where professional or disciplinary bodies may be competent to deal with the dispute. SUB ROSA LEGAL also has the right to bring cases before the courts of the domicile or seat of the client.
In accordance with the Code of Economic Law, Title 4 of Book XVI, claims or complaints in consumer disputes can also be submitted to the ombudsman service for consumer disputes relating to the legal profession (OCA), the entity charged with the extra-judicial (i.e. out-of-court) resolution of disputes between consumers and lawyers.
OCA is on the list of qualified entities which can be consulted on the website of the FPS Economy, S.M.E.s and small undertakings.
OCA is qualified to resolve disputes concerning services provided by lawyers. Complaints are preferably submitted online through the electronic complaints form, available on the website http://oca.ligeca.be/en/. Additional information can also be found on the website.
OCA’s offices are located at 8, rue de la Loi, 1000 Bruxelles, Belgium.
In case of dispute concerning fees, a free conciliation procedure is available from the Brussels Bar. Additional information concerning this procedure can be found on the Bar website, http://www.barreaudebruxelles.be.