Terms of Business
Terms of Business of Etude Max Mailliet
Our fees are based on the time spent working on the matter. They will be calculated at the hourly rate convened with our clients. Any hourly rate is excluding VAT, if applicable, and office/administrative costs.
An additional lump sum equalling 5% of the fees in order to cover administrative costs such as stamps, telephone (excluding courier, bailiff costs etc.) shall be invoiced.
Judicial costs (such as costs of service etc.) shall be invoiced separately.
Our invoices will be issued in Euros, on the basis of the time billed and which is recorded in our IT system. Each issuance of an invoice is preceded by a critical analysis, which seeks to ensure that the time billed is in fact justified. Invoices are normally issued within thirty (30) days of the end of the period to which they refer. In the case that the time spent on the case has been recorded late, it shall be invoiced together with the next period. Invoices are payable upon reception.
3. Client’s funds
Unless ordered to the contrary, the funds held by our firm in your name and on your account shall be deposited with a reputed financial institution. The firm may not be held responsible for any loss incumbent on this financial institution.
4. Information with regard to the progression of the case
We shall keep you informed about the progression of your case. Every effort will be made to ensure that the invoices with regard to our fees shall be issued on a periodic and complete basis. It may however be the case, that some services are billed late. Each billable service billed after the issuing of an invoice shall be reported separately on the following invoice.
5. Electronic communication
During the handling of the case, we may be led to communicate with you or third parties via electronic mail, on the basis that you accept the risks of such communication(including, but not limited to, the security risks relating to an interception or an unauthorised access to these communications and the risks of the transmission of viruses, except in the case of a intentional misconduct on our part.
As lawyers, we are bound to a general obligation of secrecy towards you as the client. Every information that we will obtain from you in the course of the present case and which is not of public knowledge shall be handled confidentially.
There is a general statutory professional privilege covering the information provided by a client to his legal counsel, which allows the latter to refuse to disclose this information to third parties. However, we may renounce to this right in case that you should give the instruction to our firm to disclose this information to third parties.Under rare circumstances, our firm may be compelled to disclose this information to legal or judicial authorities. In this case, we will inform you of such request (if we are allowed to do this and if it is possible) as well as of our obligation to disclose.
You shall be authorised to use and copy the documents created by us during the handling of your case. However, copyright and other intellectual rights relating to the documents and original ideas created by us or related to the case in any way remain the property of our firm.
We shall be free to use the documents as a basis for any other file and to use our intellectual property and original ideas in order to consult other clients, subject to the condition not to infringe on our duty to keep your information confidential.
Once the case is closed, we shall be allowed to withhold all documents as long as our invoices remain unpaid.
We shall archive the documents of the case (except those which you request to be returned to you, for a period of ten (10) years following our last invoice. You are hereby authorising us to destroy the documents after expiry of this period. We shall not destroy the documents which you expressly request us in writing to put into a safe location. We normally invoice the recuperation of archived documents following an instruction from you. We further reserve the right to invoice the time spent on the reading of document, writing of letters and other work required to respond to your instructions.
You may terminate our mandate at any moment in writing.
We may decide to stop acting on your behalf for a good reason and with reasonable notice. The late or non-payment of our invoices and requests for retainers is deemed to be such a good reason.
If it is decided by either party to terminate the mandate, you shall be liable for payment of our fees and incurred costs up to the termination of the mandate, this payment having to take place at the moment of the reception of our invoice.
9. Limitation of liability
If the rendering of services by our firm, or any individual member of the firm gives rise to liability, this liability shall, be limited to the amount which is paid out under its insurance policy in the matter concerned, plus the amount of the insurance deductible which must be borne by the insured pursuant to the applicable insurance policy in the matter concerned.
If, for whatever reason, the insurer makes no payment under the insurance policy any liability shall be limited to a an aggregate sum equal to three times the amount invoiced by us in the matter concerned in the relevant year, subject to a maximum of 50.000,00 €.
We shall have no liability in respect of any such claim unless you give us written notice of the claim, stating in reasonable detail the nature of the claim and, to the extent practicable, an estimate of the amount claimed, within 12 months after completion of this matter and any such claim must in any event be brought no later than 4 years after the date you should have been aware of the potential claim and, in any event, no later than 6 years after any alleged breach
10. Right of retention
You hereby grant us a right of retention of the file until our outstanding fees are paid in total.
Our professional services are of a high standard in all respects. However, should you have any query or concern with regard to our work, we should be grateful if you could inform us thereof immediately. We estimate you as our client and we wish that you should not think to have any motive for a discontent.
12. Data protection
E2M is hereby authorised and empowered to collect, store and process your personal information required to enable us to provide the services required and to comply with our legal obligations. We confirm that we do not to transfer your data to any third parties, except if required by law or authorised by you.
Unless prohibited by governing law, you have a right to access your personal data and may ask for a rectification where such data is incorrect, inaccurate or incomplete. You have a right to object to the use of your personal data for marketing purposes. We will keep your data for as long as required for the provision of our services to you, subject to the legal period of limitation.
12. Applicable law
The present letter and additional general terms and conditions are subject to Luxembourg law. You are accepting that the Courts of Luxembourg-city have jurisdiction over any case which may arise out of the present letter and additional terms and conditions.