1. These General Terms and Conditions apply to the legal services between the Client and Mint Advocaten. Mint Advocaten is the trading name of KVGLAW BVBA with its registered office at Godveerdegemstraat 10, 9620 Zottegem, Belgium and registered in the Crossroads Bank for Enterprises under number 0834095674 (hereinafter referred to as “Mint Advocaten”). The Client accepts that these General Terms and Conditions take precedence over its own general terms and conditions.
2. The contractual relationship is between the Client and Mint Advocaten. Depending on the nature and complexity of the matter and when required in the interest of optimal provision of services, Mint Advocaten may assign one or more lawyers.
4. Mint Advocaten will inform the Client about its hourly fee at the first meeting between the lawyers and the Client. Mint Advocaten charges a basic fee that may be increased due to the particular circumstances, namely, the complexity, urgency and amount of the claim. It may be increased by a factor of 2 at a maximum. Mint Advocaten may also work on the basis of a percentage of the amount of the claim. In that case, it will always charge an advance sum of EUR 300. The percentage is set at 25% of the total claim (principal, interest, damages). The procedural indemnity will be deducted from the amount due. Lastly, Mint Advocaten may work on a fixed-fee basis. Mint Advocaten will inform the Client about this amount before opening the Client’s case file, and the amount will depend on the type of claim. Costs are set at 8% of the fee. Costs related to the case file will be invoiced separately (which can include, for instance, summons costs, travel expenses, judgment issuance costs, court registry charges). Mint Advocaten will provide the Client with all relevant information about the fees and costs during the first meeting. Mint Advocaten may request a retaining fee . Mint Advocaten will send invoices by email and these will be payable within 15 days of the date of dispatch. In the event of late payment, the statutory interest charges and a fixed-sum penalty of 10% of the outstanding amount will be due without prior notice of default. Mint Advocaten may occasionally alter its hourly fees and will notify the Client about this by email.
5. The Client acknowledges and accepts that the lawyers at Mint Advocaten are entrusted with an obligation of means, notwithstanding statutory provisions and its code of conduct. The contractual and non-contractual liability of Mint Advocaten and its lawyers towards the Client and third parties for any damage, loss or cost that arises directly or indirectly from the service provided and the acts or omissions of Mint Advocaten and/or its lawyers is limited in all cases to the amount that is effectively paid under Mint Advocaten’s professional indemnity insurance, except for the case of intentional errors or fraud on the part of Mint Advocaten. Mint Advocaten will send the Client a copy of the clauses of this professional indemnity insurance at no charge, at the Client's request.
6. Mint Advocaten may end its representation of the Client for any reason, in accordance with the applicable code of conduct, and also in the event of unpredictable or unforeseeable circumstances that make it difficult or impossible for Mint Advocaten to provide the service, including a failure to pay Mint Advocaten’s invoices within 10 days following notice of default. The Client may end the representation by Mint Advocaten in writing at any time. The termination of the services does not affect the obligation of the Client to pay for the services performed and costs prior to the termination and the services and costs concerning the transfer of the case file.
7. Notwithstanding the reasonable efforts made by Mint Advocaten to safeguard its emails and attachments from viruses and other defects that can affect computers or an IT System, it remains the responsibility of the Client to ensure that it has appropriate measures in place to protect its computers and IT system against such viruses or defects. Mint Advocaten does not accept responsibility for any loss or damage that results from the receipt or use of electronic communication from Mint Advocaten.
8. The relationship between Mint Advocaten and the Client is governed by Belgian law. In the event of any dispute, the district and appellate courts of the judicial district of Ghent (Belgium) have sole and exclusive jurisdiction.
9. If any provision (or a part of any provision) of these General Terms and Conditions is unenforceable or conflicts with a provision in mandatory law, this will not affect the applicability and enforceability of the remaining provisions of these General Terms and Conditions. In such situations, the parties will negotiate in good faith to substitute the unenforceable or conflicting provision with an enforceable and legally valid provision that approximates the object and purport of the original provision as closely as possible.