Terms and conditions

1. HSP

HSP SCRL ("HSP") is a cooperative limited liability company incorporated under Belgian law, with its registered office at 1300 Wavre, chemin du Stocquoy n°1. The lawyers practicing within HSP are registered either with the French Bar Association of the Brussels Bar, or with the Brabant Wallon Bar Association, and, in some cases, with the Nice or Paris Bars.

2. Application of general conditions

These general terms and conditions ("the Conditions") apply to all services provided or to be provided by or on behalf of HSP and to all legal relationships arising between HSP and third parties in this context. The fact of entrusting a file to HSP implies adherence to the Conditions for this file and subsequent files, subject to adaptations of which they may be the object at regular intervals and of which the client will be duly informed; if the client has only received communication of the Conditions after having entrusted the file to HSP, adherence is deemed to result from the absence of withdrawal of the file after this communication. The Conditions apply subject to any other special conditions agreed in writing between HSP and the client.

3. Legal and ethical obligations

HSP is required by law and professional code of ethics (i) to identify and verify the identity of its customers and of their beneficial owners (i.e. natural persons who, directly or indirectly, own or otherwise control more than 25% of the customer, or on whose behalf the proposed transaction is to be carried out), (ii) to exercise constant vigilance with regard to elements indicative of money laundering or the financing of terrorism, and (iii) in the event of suspicion of money laundering or the financing of terrorism, to report the matter to the President of the Bar Association, who may then communicate the facts to the Cellule de Traitement des Informations Financières (Financial Information Processing Unit).

To enable HSP to meet its identification and verification obligations, HSP asks its customers to provide it with a duly completed and signed "customer data sheet".

The customer agrees to cooperate fully in respecting the above obligations, as well as any new obligations imposed on HSP concerning the customer or the relationship between HSP and its customer.

Failing this, HSP may refuse or terminate the assignment without the client being entitled to claim any compensation.

Article 10 of the Conditions applies to data communicated by its customers. This data is covered by HSP's professional secrecy, without prejudice to HSP's obligation to report any suspicion of money laundering or terrorist financing to the President of the Bar.

4. Use of third parties

If the needs of the case require the use of the skills of third parties (either another lawyer in order, for example, to obtain an opinion in a field not covered by the areas dealt with by HSP, or another specialist depending on the nature of the case) with a view to carrying out an assignment entrusted to HSP, the latter will consult the client in advance, to the extent appropriate, and will exercise due diligence in the selection of these third parties. HSP shall not be liable for any errors or omissions committed by such third parties in the performance of their services.

5. Professional secrecy and confidentiality

Professional secrecy applies to all lawyers involved in cases entrusted to HSP by a client. The same applies to staff members, who are also bound by attorney-client privilege.

Opinions issued by HSP are covered by professional secrecy and are reserved for the exclusive use of their addressee(s). The results of HSP's services to the client, in any form or by any means whatsoever, are provided for the exclusive benefit and information of the client, and may not be copied, quoted or made public in whole or in part (with the exception of communications for the client's internal use) without the prior consent of HSP, unless the communication is required by law or by a competent authority (in which case the client will be required to inform HSP in advance, unless prohibited by law).

6. Conflict of interest

Professional rules authorize HSP, in strict compliance with professional secrecy, to accept business for other clients whose activities may be in competition with those of the client. HSP may also agree to represent other clients whose interests are opposed to those of a client, in matters where the latter does not regularly consult HSP.

7. Liability and insurance

HSP's liability for any services performed by or on behalf of HSP or otherwise connected with an assignment entrusted to HSP is limited to the amount actually covered under the terms of the professional indemnity insurance program underwritten by HSP.

The professional civil liability of each lawyer working for SCRL HSP is covered by the collective insurance policy taken out by the Ordre des Barreaux Francophones with the insurer ETHIAS (rue des Croisiers, 24, 4000 Liège) up to a limit of €1,250,000.

8. Fees and expenses

Fees are remuneration for services rendered by HSP to its customers in connection with the cases entrusted to it. HSP's costs and fees are clearly set out in a brochure given to the customer and on the www.hsp.be website.

Fees are fixed, on the one hand, according to the time spent on the case and, on the other hand, on the basis of the rates indicated below for the intervener(s). Lawyers' hourly rates are based on their particular experience, and may vary according to the complexity of the case and/or the stakes involved. In addition, the rate may be re-evaluated at regular intervals (at least annually), with the customer being informed of any re-evaluation.

A distinction is made between :

• the fees themselves, which pay for the services provided by the lawyers and paralegals;
• the flat-rate contribution to the firm's expenses (i.e. secretarial services, typing, telephone, fax, ICT, postage, travel expenses, etc.), set at 8% of the fees (percentage of expenses) excluding VAT, in addition to the fees;
• other costs not included in the flat-rate contribution, including but not limited to legal and procedural costs, specific costs (e.g. costs of translation, expert appraisal, consultation with professionals outside our association, creation of a data-room, tax stamps, registered or hand-delivered mail, etc.), or disbursements (court fees or other costs advanced by HSP in your name and on your behalf), which are calculated on the basis of a flat-rate amounting to 8% of the fees excluding VAT. It should be noted that legal disbursements are, wherever possible, billed directly to the customer by the service provider. (bailiffs, court clerks, surveyors, etc.)

Fees must be legally increased by 21% VAT (Value Added Tax).

Our fees range from €100 to €350 excluding VAT, depending on the experience and expertise of HSP's member lawyers:

Paralegal: €75 excl.

Junior lawyer : 110€ EXCL.

Junior lawyer: 154€ excl.

Senior lawyer: 187€ excl.

Senior lawyer plus: 209€ excl.

Associate lawyer: €242 to €385 excluding VAT

Our specialized lawyers handle most cases as a team, using the HSP method and values.

A statement of fees and expenses is drawn up monthly, clearly indicating the number of hours devoted to your case, the nature of each service rendered, by whom, and any expenses incurred.

One or more provisional statements may be requested from the client at the start of the case. A statement of fees and expenses will then be drawn up, after deduction of the retainer received.

Depending on the outcome, a success fee may be proposed to the customer.

The customer may benefit from the intervention - partial or total - of a third-party payer (e.g. an insurance company) in the payment of HSP's fees. If this is the case, the customer will notify this third party as soon as possible of the dispute and of HSP's intervention, and will inform HSP of the conditions of this third party's intervention. Costs and fees are charged to the customer's account, who is responsible for recovering them from the third-party payer. If necessary, HSP may ask this third party to confirm its intervention and send it the invoices drawn up in the customer's name for payment by the third party.

As a rule, statements of expenses and fees are sent on a monthly basis.

9. Payment terms

Invoices are payable within 30 days of dispatch. In the event of non-payment, interest on arrears will be charged:

• if the customer is a professional or a public authority if the provisions on public procurement in terms of general rules of execution are not applicable: in accordance with article 5, paragraph 2, of the law of August 2, 2002 concerning the fight against late payment in commercial transactions;
• if the customer is a public authority: in accordance with article 69 of the Royal Decree of January 14, 2013 establishing the general rules for the execution of public contracts and public works concessions;
• if the customer is a private individual: in accordance with article 2 of the law of May 5, 1865 on interest-bearing loans.

Any objection to a statement of fees and expenses must be made within 15 calendar days of its date. Failing this, the statement is deemed to have been accepted by the addressee.

HSP expressly reserves the right to suspend any intervention in any case whatsoever if a customer is in arrears with payment.

10. Privacy policy

In the context of the assignment(s) entrusted to it by the customer, HSP takes care to protect the privacy of its customers or third parties and to ensure the confidentiality of data communicated to it or to which it has access. All processing of personal data is carried out in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("RGPD").

Data will not be passed on to third parties, except for the purpose of performing the assignment entrusted to HSP or complying with a legal or regulatory obligation. By providing the data, the customer authorizes HSP to carry out the aforementioned processing.

11. Nullity

Any clause or condition of the Conditions constitutes a separate and independent provision. If any provision is held to be invalid or unenforceable, all other provisions shall remain in full force and effect.

12. Applicable law and courts

In any case, Belgian law is applicable to relations with the customer, without prejudice to the rules of professional conduct that HSP's lawyers must observe.