Terms & Conditions
Laws of Contract
This contract shall be governed, construed and enforced in accordance with Belgian Law, which shall be the proper law of this agreement. Both parties hereby submit to the non-exclusive jurisdiction of the Belgian Courts.
If you do not agree with these Terms & Conditions, please do not use The Website.
By using this website, you agree to be bound by these Terms & Conditions. Nothing in these Terms & Conditions affects your statutory rights.
In “Terms and Conditions”:
- “Ortuz lawyers” refers to all people working for or on behalf of Hans Verhulst.
- “Client” means any individual, Company, Partnership, or Trader using the services provided by Ortuz lawyers .
The following Terms & Conditions apply to the collection of all outstanding debts made by Ortuz lawyers on behalf of the client.
Confidentiality
2. Unless requested by the courts all information given by the client shall remain confidential, and not divulged to any other party outside Ortuz lawyers and its legal advisors
Liability
The accuracy of this information is unable to be verified in every case. Ortuz lawyers accept no responsibility for any errors therein or omissions made.
2. Ortuz lawyers will not be liable for any loss or damage whatsoever as a result of the client’s use of any report or information supplied by Ortuz lawyers.
Debt Collection
2. Accounts settled and any monies received via any source after intervention from Ortuz lawyers is subject to the agreed rate, or prevailing rate. These fees must be settled within 5 days from either payment receipt from the source or on receipt of a commission invoice raised by Ortuz lawyers.
3. Once a case has been passed over to Ortuz lawyers and a part payment results in an outstanding balance still being owed, the case will remain with Ortuz lawyers until the full amount has been cleared. The withdrawal of an account before Ortuz lawyers recommend closure will be subject to the full commission charge that would have been equal to the full collection, unless agreed with Ortuz lawyers.
4. The client must recognise that whilst every effort of full recovery is made by Ortuz lawyers, no guarantee is either expressed or implied that such monies will definitely be recovered.
5. The client must notify Ortuz lawyers immediately if there is any change in the amount owed / due / outstanding in respect of any account passed over to Ortuz lawyers for collection.
6. If a case is recommended by Ortuz lawyers for Litigation, no action will take place without the client’s full approval, and after all legal tariffs have been discussed and agreed upon by both parties.
It is the client’s full responsibility to advise Ortuz lawyers on any payment made by the debtor after legal actions have been instigated. Failure to do so could result in the Solicitor finding it difficult to recover any advance court costs that may have been made.
7. Ortuz lawyers will not accept any liability for any unnecessary costs or rise in legal costs that might result within the course of a case.
8. It is accepted that Ortuz lawyers will notify the client in advance of any additional costs resulting from legal action, or fees the client may incur whilst being represented by Ortuz lawyers.
Ortuz lawyers will not accept responsibility for costs not foreseen once a Solicitor has been instructed.
9. The time Ortuz lawyers takes to perform any obligation under this contract shall not be the essence of this contract.
10. Where a settlement has been agreed in advance, and in instalments, Ortuz lawyers and the client will accept that each instalment collected, the agreed rate will be deducted from each payment made.
11. When a client pays the fee for a “Letter Before Action” they are agreeing that if the letter does not result in the debt being settled they can either
- close the file and pay no more
- or pay overall, an administration charge of €50,00 for the case to be followed up.
This can either result in
- a charge of up to 30% being paid on a successful recovery of the debt.
This rate payment does not include the administration charge if the debt is not recovered.
- or the case being closed
- or, the case being put forward for the court to take on.
Any Litigation costs are to be paid in advance by the client before the case is passed forward for Litigation or any work is carried out by Counsel or our legal advisors.
12. On agreement of these Terms and Conditions, the client agrees to pay all invoices on time, and any legal fees to be paid in advance of any court action being taken.
13. If the “Letter before action” does not result in a debt being paid and the client wishes to carry on with the case, prior to court action then an administration charge is applicable.
Once payment has been received the case will continue. Commission charges apply until such time the case is closed.
14. It is understood that all bank charges applicable to any payments made to Ortuz lawyers or transferred to or from Ortuz lawyers are payable by the client. Ortuz lawyers are not responsible for the payment of these fees.
15. All fees and charges outstanding more than 28 days are, without further notice, subject to Late Payment Interest as of the due date of the fees.
