ABOUT DALDEWOLF
IN THE DRC

OTHER AFRICAN COUNTRIES

GENERAL TERMS AND CONDITIONS

Terms and conditions of our intervention (applicable as from December 1, 2019)

Article 1. – Scope of application

The present provisions specify the terms and conditions of intervention of any lawyer being a partner, associate or trainee of the law firm DALDEWOLF RDC (hereinafter: DALDEWOLF), including the determination of the fees, costs and disbursements due to it.

When a customer uses the services of DALDEWOLF, he/she/it is deemed to know and accept without reservation the present general terms and conditions.

Any terms and conditions to the contrary shall only apply if they have been expressly agreed upon by DALDEWOLF in advance and in writing.

These terms and conditions shall also apply to all future relationships between the parties.

Any additions, changes or deviations must be expressly agreed upon in writing by DALDEWOLF.

Article 2. – Mission of DALDEWOLF

  • The client entrusts DALDEWOLF with the defence of the interests he/she/it entrusts to it. The lawyer’s mission is to advise, assist or represent the client. It includes all services performed for this purpose.

Before accepting an assignment, DALDEWOLF:

  • verifies that there is no conflict of interest. In case of conflict, DALDEWOLF refuses the mission;
  • takes all useful measures to comply with the legislation on the fight against money laundering (see, article 17). The client undertakes to provide all the information and to make any commitment required for this purpose. In the absence of having collected the said commitments and information, DALDEWOLF refuses the mission.
  • The DALDEWOLF partner in charge of the matter reserves the right to call upon one or more partners, associates or trainees, under his or her responsibility, in the performance of this mission.

DALDEWOLF shall be entitled to engage the services of non-lawyer third parties (such as bailiffs, technical consultants, etc.) for the performance of its activities.  DALDEWOLF undertakes to select such third parties with due care, but shall not be liable in any way for their actions or negligence. DALDEWOLF is authorized by the client to accept any limitations of liability of such third parties on behalf of the customer.

DALDEWOLF acts with diligence, in the best interests of the client, but without being able to guarantee the expected result.

The attention of the customer is drawn to the fact that in case of dispute :

  • the repetitiveness of the fees can oblige the client who loses his/her/its action or who succeeds in the claims of the opposing party to pay procedural indemnities;
  • proportional fees may also be payable, depending on the circumstances.
  • The client shall inform DALDEWOLF, as fully as possible, of all the relevant facts and shall provide it with all the useful elements and documents in his/her/its possession at the beginning of the case and throughout the mission, in particular, at the time of any new development or change in circumstances. The client shall hand over to DALDEWOLF any procedural document, bailiff’s summons, letter of formal notice or document of any kind that is served upon him/her/it upon receipt. The customer shall also inform DALDEWOLF of the possibility of taking out legal protection insurance and shall provide DALDEWOLF with the details thereof.

2.5.    DALDEWOLF draws the client’s attention to the possibility of resolving disputes by means other than litigation, such as mediation, conciliation or any other amicable dispute resolution method. DALDEWOLF considers that it is part of its mission to recommend, encourage and implement them as far as possible, and this at any stage of the management of a file.

2.6.     Unless otherwise expressly indicated by the customer, DALDEWOLF shall communicate with the customer by any standard and appropriate means, such as e-mail and telephone. It is the customer’s responsibility to ensure that the e-mail addresses communicated to DALDEWOLF have a sufficient degree of security against malicious or accidental computer attacks. DALDEWOLF shall not be liable for any damages that may result from the use of customer e-mail addresses that have no or insufficient security against malicious or accidental computer attacks.

Article 3. – Early termination of the mission

Either party has the right to terminate the attorney’s engagement at any time, without having to justify the reason.

In this case, the documents handed over by the customer to DALDEWOLF shall be returned to the customer or passed on to his/her/its new counsel, unless the customer expressly requests their destruction.

DALDEWOLF’s fees, costs and disbursements are due from the client for services performed up to the day the assignment ends.

Article 4. – Statement of fees, costs and expenses

  • Unless otherwise agreed in writing, the fees, costs and disbursements due to DALDEWOLF shall be fixed and payable in accordance with these terms and conditions.
  • At the opening of the file, a provision of fees is established and may be renewed according to the needs of the file.

Article 5. – Calculation of fees

Unless another method of calculation has been agreed upon with the client in the letter of engagement signed by him/her/it, the fees are based on the number of hours spent by DALDEWOLF on the matter.  This includes, in particular, the following:

  • the examination of the documents in the file and the correspondence received;
  • legal analysis, including research, drafting or proofreading of any document (correspondence, written opinions, written consultations, pleadings, agreements, briefs or notes) to be drafted in connection with the matter;
  • meetings and telephone conversations with the client or third parties, including oral advice;
  • administrative procedures, pleadings, attendance at any hearing, meeting or other session, including the preparation of such duties;
  • travel and waiting times.

If more than one lawyer is involved, the time of their respective services is added together.

Article 6. – Hourly rate

The advertised hourly rate excluding VAT is determined at the opening of the matter or a set of matters and specified in writing.

Article 7. – Success fee

  • The parties may agree that, at the end of the mission, DALDEWOLF will take into account a success fee in case of winning even partially of the litigation or in case of conclusion of an agreement negotiated in whole or in part for the client.
  • The methods of calculation of the result fee will be agreed between the parties.

Article 8. – Payment and default interest

  • Claims for advance payment, interim statements and statements of fees are payable upon receipt, but no later than the 30th day following the date of dispatch. After the expiry of this period, interest on arrears is due at the rate of 12% per annum.
  • In case of non-payment within the deadline, DALDEWOLF will suspend the performance of its mission, eight (08) calendar days after having notified its decision to the client, mentioning the consequences that may result.

Article 9. – Indexation and modification

Unless otherwise agreed upon between the client and DALDEWOLF, DALDEWOLF shall invoice its services, costs and any outlays on the basis of the agreed rates. These rates may be adjusted in accordance with market developments and shall be applicable between the parties three months after notification of the adjusted rates.

Unless agreed upon by the client, DALDEWOLF does not change the method of calculation of fees, costs and disbursements during the course of a matter.

Article 10. – Fees

10.1.      The incurred costs are due in addition to the fees. They cover:

  • opening a file
  • secretarial fees
  • other operating expenses

10.2.      The costs referred to in Article 10.1 shall be charged as a lump sum, unless otherwise expressly agreed, up to five (05) % of the amount of the fees invoiced.  Other costs and disbursements shall be charged to the client at cost.

Article 11. – Disbursements

11.1.       Disbursements shall consist of the costs incurred by DALDEWOLF on behalf of the client, including but not limited to:

  • bailiff’s fees;
  • court fees and court costs;
  • notary’s power of attorney fees;
  • provisions and correspondents’ fees;
  • specific research costs (e.g. legal and administrative documentation);
  • extraordinary travel and accommodation expenses (plane, train, hotels, etc.);
  • translation costs;
  • technical consulting fees;
  • the cost of sending special or urgent packages or mail.

11.2. The client undertakes to reimburse the outlays on request. DALDEWOLF shall provide the client with receipts at the client’s request, if they exist. The client may be asked to make a specific provision for large outlays.

11.3. Unless otherwise agreed, the client shall bear the expenses directly.

Article 12. – Professional secrecy and confidentiality

DALDEWOLF’s lawyers are bound by professional secrecy.

All letters, notices, procedural documents, etc., sent by DALDEWOLF to the client are subject to the client’s express condition of confidentiality. All correspondence, notices, procedural documents, etc., sent by DALDEWOLF to the client are sent under the express condition that the client will keep them confidential. The client may only pass on the contents to third parties with the express prior written consent of DALDEWOLF.

When responding to a public contract or to a private call for tender for legal services, DALDEWOLF may be led, in strict compliance with the rules of professional ethics of the lawyer, to reveal the names of the clients for whom it intervenes or has intervened in the matter concerned, just as it may provide information related to the subject matter of the contract in the matters it handles or has handled. The information communicated shall not, under any circumstances, relate to the client’s private life. The client agrees to this communication, which can be revoked at any time.

Article 13. – Professional liability

DALDEWOLF’s professional liability, if any, is limited to the equivalent of three (03) times the amount of fees collected.

Article 14. – Divisibility

If any provision or part of any provision of these terms and conditions is held to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Article 15. – Processing of personal data

15.1.        DALDEWOLF processes personal data in accordance with the provisions of the General Data Protection Regulation (Regulation No 2016/679). It acts as a data controller when processing the personal data of its clients, opponents, other lawyers, judges, bailiffs, potential clients, suppliers, partners, applicants or other third parties (“data subjects”). DALDEWOLF uses the personal data provided, such as, for example, name, e-mail address, address, telephone number and file information of the client.

15.2.       DALDEWOLF processes personal data for several purposes, such as the processing of the file, the billing of its services, the collection of debts if necessary, the archiving and deletion of data, within the framework of the execution of the contract concluded with the client. If a natural person represents a company that is the client, DALDEWOLF may process the personal data of a natural person representing a client company on the basis of the legitimate interests of the client and DALDEWOLF (i.e. in order to provide the services for which the client has called upon DALDEWOLF).

15.3.       DALDEWOLF may transfer personal data to third parties (such as courts, bailiffs, adversaries, subcontractors such as IT service providers) when required by the case.

15.4.      Personal data under the control of DALDEWOLF may be transferred to subcontractors (such as IT service providers or other consultants) or other data controllers (e.g. other lawyers) when necessary for the processing of client matters.

15.5.       DALDEWOLF shall retain the personal data relating to the client’s matter for as long as it is processed. DALDEWOLF shall archive the file (and the personal data contained therein) upon its closure and destroy it after five years after its closure (unless a dispute has arisen and DALDEWOLF needs the data to defend its rights). Under professional rules, DALDEWOLF is required to retain certain data (such as the identity of clients) in order to check for conflicts of interest and to ensure compliance with professional secrecy, which is not subject to limitation.

15.6.      DALDEWOLF undertakes to respect the rights of the person concerned, who may exercise his, her or its rights and make contact by sending an email to dataprotection@daldewolf.com.

Article 16 – Prevention of money laundering and terrorist financing

16.1.       DALDEWOLF complies with its legal obligations regarding the identification of the client or his principal. The client or principal undertakes to provide spontaneously all documents allowing the establishment of the identity and authorizes the lawyer to take copies of them.

The obligations of DALDEWOLF and the client arise from the Congolese and Belgian laws and regulations, DALDEWOLF DRC being a subsidiary of the limited liability law firm DALDEWOLF SRL/BV, and in particular from the provisions of the Belgian Law of September 18, 2017 relating to the prevention of money laundering and financing of terrorism, which applies in particular when the lawyer assists his client in the preparation of specific transactions such as: assisting the client in the preparation or realization of operations such as the purchase or sale of real estate or commercial enterprises; management of securities funds or other assets belonging to the clients or his/her/its principal; opening or management of bank, savings or portfolio accounts; organization of the contributions necessary for the incorporation, management or direction of companies; incorporation, management or direction of trusts, companies or similar structures or interventions in the name and on behalf of the client in all financial and real estate transactions. The information required by DALDEWOLF from its client varies depending on whether the client is a natural person, a legal person or a proxy. The client shall inform DALDEWOLF of any changes as soon as possible and without delay and shall provide proof of such changes.

16.2.       When the nature of the matter (as defined in Article 16.1) or when the particular situations provided for by the aforementioned Belgian Law of September 18, 2017 (country of origin, identification difficulties, unusual relationship between the client and DALDEWOLF or the nature of the operations, public figure or similar) impose on DALDEWOLF an enhanced due diligence obligation, the client undertakes to answer any question from DALDEWOLF enabling it to comply with its legal obligations in terms of the fight against money laundering and the financing of terrorism.

16.3.       When DALDEWOLF assists the client in his/her/its legal defence or when it proceeds to the evaluation of his/her/its legal situation, DALDEWOLF is bound to the strict respect of professional secrecy. It is specified that the law requires the lawyer to inform the President of the Bar as soon as he/she notices, outside his/her mission of legal defence or consultation relating to the analysis of the client’s legal situation, facts that he/she suspects to be related to money laundering or terrorism financing.

Article 17. – Governing law

The laws of the Democratic Republic of Congo are applicable to the relations between the parties, except for the additional application of Belgian law, as a subsidiary of a Belgian law firm, in matters of the fight against money laundering and the financing of terrorism, as referred to in Article 16 above.

Article 18. – Arbitration and jurisdiction

18.1.     In the event of a dispute of a deontological nature or concerning fees, the parties shall refer the matter to the President of the Bar Association of Kinshasa/Matete.

18.2. In the event of a dispute of any other nature, particularly in matters of civil liability, any such dispute shall fall under the exclusive jurisdiction of the courts of Kinshasa/Gombe.

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