Terms and Conditions

1 Applicability

Mploy, a private limited company/private limited company specializing in social law, hereinafter referred to as "Mploy," provides its services through its lawyers and other employees under the general terms and conditions described below. These terms and conditions can only be waived in writing. These terms and conditions, as a framework agreement, apply not only to the client's initial assignment to Mploy but also to all subsequent assignments, unless other arrangements are made in writing for a specific assignment.

2 Execution of orders and revocation

All assignments are accepted and executed exclusively by Mploy, even if the client's express or implied intention is to entrust the assignment to one of Mploy's partners. Mploy designates one or more attorneys from among its lawyers to handle the case. Mploy may, at its own discretion, internally distribute or reassign files or certain aspects thereof among its lawyers. This internal distribution will be made as much as possible according to the lawyers' subspecialties, the optimal service, and/or the best representation of the client's interests. The firm works as a team to enhance the quality of its services and control the cost of services. The assignment is carried out solely for the benefit of the client. Third parties cannot derive any rights from the work performed or the results thereof.

The client has 14 calendar days to revoke the assignment given to Mploy in accordance with the terms and conditions set out here. The revocation period begins upon acceptance of the assignment by Mploy. The client may use the model form for this purpose or may communicate their decision to revoke by issuing a statement unambiguously stating their decision to revoke the agreement. The client has exercised their right of revocation if their decision to revoke is received by the lawyer within the aforementioned 14-calendar-day period. The client loses their right to revoke the assignment once it has been fully executed.

3 Mutual obligation to provide information

The client agrees to provide all data and information, supported by documents where necessary, throughout the entire duration of the assignment. The client guarantees the accuracy, completeness, and reliability of the information provided to Mploy by or on behalf of the client. Mploy is not liable for any damages resulting from incorrect or incomplete information provided by the client. Mploy will inform the client about the execution of its assignment and the progress of the case.

4 Appeal to third parties

4.1 In addition to the usual tasks performed by Mploy, the client agrees that Mploy may, for specific assignments and without the client's prior approval, engage other lawyers, bailiffs, and translators to carry out its assignment. The client leaves the selection of this third party to Mploy.

4.2 Mploy will only engage other third parties, such as notaries, experts, or accountants, with the client's express consent. These third parties are selected in consultation with the client.

4.3 Mploy is not liable for the actions of these third parties, regardless of whether their intervention is charged separately to the client or not, and regardless of whether the consulted third party charges its costs and fees to Mploy or to the client.

5 Intellectual property rights

All rights to the intellectual works that Mploy develops or uses in the execution of the assignment entrusted to it, such as advice, conclusions, petitions, contracts, designs, etc. (non-exhaustive list), belong to Mploy. Except with the express prior written consent of Mploy, the client is prohibited from using, distributing, publishing, or exploiting the intellectual works or their recordings in any way.

6 Fees and costs

6.1 Mploy's statement of costs and fees may contain three elements: Mploy's costs, legal costs and expenses, and fees.

6.2 Legal costs and expenses are the costs that Mploy has had to advance to third parties, such as the bailiff, the court registry, translators, and public authorities. These costs are listed precisely and in detail in the statement of costs and fees.

6.3 The fee is the compensation for the services provided by Mploy. The fee is generally calculated per hour worked or per service performed. Hourly rates may be adjusted annually. The following factors may justify an additional fee or a different calculation method (possibly in the form of a percentage of the awarded or rejected amount): the importance of the case, the favorable outcome, the urgency, or the specificity of the assignment.

6.4 Mploy may request one or more advance payments before the start of the assignment and during the course of the case. An advance payment is a lump sum the client pays to Mploy, prior to a detailed statement of costs and fees. In the final statement of costs and fees, the advance payments will be deducted from the total amount.

6.5 The client shall pay the advances and the final statement of costs and fees to Mploy within fourteen days of the date of the advance invoice or the statement of costs and fees. After this period, and in the absence of a justified protest (see below, section 6.6), the client shall owe interest on the outstanding amount/balance at the statutory interest rate.

6.6 If the client does not agree with the requested advance payment or the final statement, he must protest in writing by registered letter within fourteen days of the date of the advance payment invoice or the statement of costs and fees.

6.7 If the client is a consumer, the following special rules apply regarding the collection of the statement of costs and fees. In the event of late payment of the statement of costs and fees, a reminder free of charge will be sent, after which the client has 14 days to pay. In the event of late payment of the entire statement of costs and fees within the period of 14 working days, is fixed compensation ifa the amount of the outstanding debt is less than or equal to 150 euros: 20 euros; ifthe amount of the outstanding debt  at least 150.01 euros but less than 500 euros: 30 euros, increased by 10% of the outstanding debt; if the amount of the outstanding debt is higher than 500 euros: 65 euros, increased by 5% of the outstanding debt on the tranche above 500 euros, with a maximum of 2000 euros. 

These amounts are primarily intended to cover default interest and all costs of amicable collection of the unpaid debt. Penalty clausesand provisions in specific agreements exceeding the limits set out above shall be deemed null and void. These general terms and conditions shall remain applicable.   

Late payment interest begins to accrue on the calendar day following the date the reminder was sent. Late payment interest is equal to the interest at the reference interest rate plus 8% as referred to in Article 5, paragraph 2, of the Act of 2 August 2002 on combating late payment in commercial transactions.

7 Third-party funds

7.1 Mploy will transfer all amounts it receives for its client to the client as soon as possible.

7.2 Mploy may withhold sums from the amounts it receives on behalf of the client to cover outstanding advances or statements of costs and fees. It will notify the client of this in writing. This provision does not affect the client's right to dispute Mploy's statements and demand payment of these withheld amounts.

7.3 Mploy will transfer all amounts it receives from the client on behalf of third parties to these third parties as soon as possible.

8 Liability

8.1 The individual lawyers and consultants are insured for their professional liability for an amount of EUR 2,500,000.00 (each).

8.2 The client considers the standard insurance of each lawyer/consultant sufficient and accepts that compensation for damages suffered as a result of a professional error by one of the lawyers/consultants is limited to the amount of EUR 2,500,000.00 for which each lawyer/consultant is insured. This limitation does not apply in the event of intent or gross negligence on the part of the lawyer in question.

8.3 If the professional liability insurer does not cover the damage, without the lawyer/consultant in question being at fault, the client cannot claim any compensation.

9 Termination of the assignment

9.1 The client may terminate the assignment entrusted to Mploy at any time by notifying Mploy in writing. Mploy will submit its final statement of costs and fees to the client or the successor lawyer, taking into account its services up to the end of the assignment. The client is obligated to pay for all work and costs incurred up to the end of the agreement. Mploy cannot claim any compensation.

9.2 Upon first request, Mploy will return the file documents to the client.

9.3 Mploy may terminate the assignment entrusted to it by the client at any time, without incurring any liability for damages, by notifying the client in writing. When determining when to discontinue services, Mploy must take into account the client's ability to obtain the necessary assistance from another lawyer in a timely manner.

10 Electronic communications

10.1 All electronic communications from Mploy are for informational purposes only and may in no way affect Mploy's liability, except for attachments in PDF format signed by a partner.

10.2 Mploy makes reasonable efforts to protect emails and attachments from any virus or other defect that could damage a computer or IT system. It remains the client's responsibility to take all necessary measures to protect their own computer or IT system.

10.3 Mploy cannot be held liable for any loss or damage that may result from receiving or using electronic documents from Mploy.

11 Nullity of one or more terms

If one or more provisions are invalid or void, this will not affect the validity and enforceability of the other provisions of these terms and conditions. The invalid or void provisions or parts thereof will be replaced by valid provisions or parts thereof that best reflect the intention of the parties.

12 Applicable law and competent courts

Belgian law applies. The courts of the judicial district of Turnhout have exclusive jurisdiction to settle disputes between Mploy and the client.

13 Archiving

After each assignment, Mploy archives the file and retains it for five years. After that period, the file is permanently destroyed.