9.1 Nuans will charge its Services, office costs, recharged costs and advanced costs periodically (i.e. monthly or as the work in a file progresses and all in accordance with VAT legislation) to the Client by means of an invoice. Unless otherwise agreed in writing, the rates shall be determined in the Agreement.

9.2 All rates and amounts stated are always exclusive of VAT, exclusive of 8% administrative costs and exclusive of any other government levies of any kind, including any new taxes, duties or levies that may be introduced after the conclusion of the Agreement, which shall always be borne in full by the Client. The invoice amount due shall be divided into (i) fees (honoraria), (ii) administration costs and (iii) advanced costs.

9.3 Nuans and the Client may agree in writing other formulas for calculating fees and administration costs, e.g. for debt collection cases, uncontested cases and simpler cases.

9.4 The current status of each lawyer of Nuans, which may evolve over time, can always be consulted by the Client on Nuans’ website. This means that the hourly rate charged for a particular lawyer may evolve during the term of the Agreement.

9.5 The fees, lump sums, allowances and rates shall be automatically indexed at least once a year to the health index or the consumer price index or any other applicable price index using the usual formulas, where, as a rule, the base index shall be the index of the month prior to the date of entry into force of the Agreement and the new index shall be the index of the month prior to the anniversary of the entry into force of the Agreement. The fees, lump sums, allowances and rates will be automatically adjusted to the index without prior notice. Regardless of the circumstances, the amounts after indexation may never be lower than the previously indexed amounts and/or the amount applicable on the commencement date of the Agreement. If the calculation basis of the health index or consumer price index or any other applicable price index would be adjusted or would no longer exist, the basic amount will be adjusted according to the conversion rate as described in the Belgian Official Gazette or according to any other system that would replace the health index or consumer price index or any other applicable price index. Should such a system no longer exist, the basic amount will be adjusted on the basis of the increase in the cost of living. However, the adjusted amounts will never be lower than the indexed amounts. Finally, the non-payment of indexations cannot be considered as a waiver of rights on the part of Nuans and/or its lawyers. The latter reserves the right to claim, at any time, the adjustments resulting from the indexation retroactively if they have not been paid by the Client, regardless of the anniversary or periodicity.

9.6 Nuans is further entitled to adjust its basic hourly rates according to the nature and complexity of the case, the stakes of the case, the experience and expertise of the lawyer handling the case and the urgency of the assignment or Service.

9.7 In case the case is settled with a favourable outcome, Nuans has the right to charge a success fee.

9.8 In addition to the charging of fees on an hourly rate basis, Nuans charges under the item administration costs the costs of opening the file, dactylography costs, printing and copying costs, mailing costs, telephone costs and other miscellaneous office costs. Office expenses are charged at a flat rate of eight (8) per cent of the fees charged.

9.9 Travel costs will be charged separately.

9.10 Nuans is entitled to invoice commissions or advances to the Client prior to the commencement of or during the course of the performance of the Services (to be agreed) before any Services are performed. An advance is a lump sum amount paid by the Client to Nuans prior to a detailed interim invoice or final invoice. The settlement will take into account the advances already charged.

9.11 Unless otherwise agreed in writing, all invoices from Nuans must be paid by the Client within fifteen (15) calendar days of the invoice date.

9.12 The Client accepts, to the extent necessary, to receive or may receive electronic invoices from Nuans.

9.13 An invoice protested by the Customer must be notified to Nuans by registered letter within ten (10) calendar days under penalty of cancellation, with the reason(s) for protest.

9.14 In the absence of full and timely payment of one or more invoices, Nuans is legally and without prior notice (i) entitled to the payment of default interests at a conventional interest rate of 10% per year on the unpaid invoice amount or, if applicable and if it would be higher, at the interest rate provided in article 5 of the Law of 2 August 2002 on combating late payment in commercial transactions from the due date of each invoice until the date of full payment, and (ii) the right to the payment of a fixed compensation of 10% of the unpaid invoice amount with a minimum of EUR 150,-, and this without prejudice to Nuans’ right to compensation of legal costs (including litigation costs) in the event a judicial collection procedure needs to be conducted and in each case without prejudice to Nuans’ right to claim a higher compensation upon proof of higher damage actually suffered. Furthermore, in the absence of full and timely payment of one or more invoices, Nuans is entitled to payment by the Client of the reminder costs and reminder costs incurred by Nuans on the basis of the applicable rates, being EUR 15,- for a second written reminder and EUR 20,- per reminder as from the third written reminder. Finally, when recovering unpaid invoices, if the Client is ruled against by the competent court, all (extrajudicial and judicial) collection costs shall be borne in full by the Client. The foregoing always applies without prejudice to Nuans’ right to claim higher compensation subject to proof of higher damage actually suffered.

9.15 Nuans is entitled to allocate payments first to any costs, conventional liquidated damages(s) and default interest due, before allocating them to the outstanding principal sum.

9.16 In the event of non-payment on the due date of one or more invoices, all outstanding but not yet due invoices shall become payable by operation of law and without notice of default. The invoices thus falling due shall also give entitlement to the interest on arrears and liquidated damages referred to in article 6.8 above as from the date they fall due.

9.17 If the Customer consists of several persons (natural or legal persons), they are jointly and severally liable for the payments to which the Agreement with Nuans obliges them.

9.18 Eventual complaints as referred to in 5 of these General Terms and Conditions do not release the Client from his obligation to pay Nuans’ invoice(s).

9.19 If the Client is a consumer and Nuans fails to (re)pay certain sums to the Client in a timely manner, the Client may, in application of article VI.83, 17° Economic Law Code, claim the same compensation(s) as those stipulated in article 12 above.

9.20 The place of payment is at the seat of Nuans.