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GENERAL TERMS AND CONDITIONS FOR MEMBERSHIP OF ATTORNEYS
09/30/2019
 

ARTICLE 1. PREAMBULE

The platforms Online Solution Attorney (hereinafter referred as to "Online Solution Attorney Website", "OSA Website" or "the Site") is intended to help put Users and Clients, as defined in Article 2 of these General Terms and Conditions of Membership (GTCM), in contact with the Attorneys listed on the OSA Website, i.e. exclusively with attorneys registered with one or more Belgian or Luxembourg or French or Spanish bars (hereinafter referred to as “Attorneys”) thanks to simple, efficient and transparent online tools.

The purpose of these General Terms and Conditions for the Membership of  Attorneys (hereinafter referred to as the “GTCM”) is to govern the use of the Online Solution Attorney platforms (herein after referred as to the "Online Solution Attorney Website", "OSA Website" or the "Site"), accessible at www.onlinesolutionattorney.be, wwww.onlinesolutionattorney.lu, www.onlinesolutionattorney.fr, and www.onlinesolutionattorney.es . Attorneys at law registered with at least one Belgian bar association may register on the site at www.onlinesolutionattorney.be. Attorneys at law registered with at least one Luxembourg bar association may register on the site at www.onlinesolutionattorney.lu. Attorneys at law registered with at least one Spanish bar association may register on the site at www.onlinesolutionattorney.es and Attorneys at law registered with at least one French bar association may register on the site at www.onlinesolutionattorney.fr

The Benefits and Consultations presented on the OSA website are proposed exclusively to the Users and Clients as defined in Article 2 of these GTCM, who have their habitual residence or registered office in a member state of the European Union. A User or Client who does not have his habitual residence or registered office in a member state of the European Union may not claim any damages from the use of the OSA website.

Registration on the Website is open to all Attorneys without distinction or restriction according to their area(s) of activity or specialisation.

The purpose of these GTCM is to define the procedures for participation by Attorneys in the OSA website.

In particular, by being listed on the Website, the Attorney undertakes to:

• Be duly registered with a Belgian or Luxembourg or French or Spanish bar and entitled to practice law, in particular not to be under a temporary or definitive prohibition to practice, nor subject to a call for his removal;
• Fulfil all his legal professional obligations as defined by his national law, his bar(s), the firm to which he belongs, as well as those defined in the General Terms and Conditions of Use (hereinafter GTCU) of the OSA Website, of which he shall become cognisant beforehand and in these GTCM;
• Refrain from misleading the public about his areas of expertise (corresponding to the areas of law in which he carries out his activity) and on his area(s) of specialisation;
• Refrain from publishing comparative, misleading or denigrating information about his expertise and that of his colleagues;
• Ascertain the identity of his Client by any and all means and secure the information needed to deal with the Client’s case;
• If the Attorney wishes to propose consultations to be commissioned on the OSA Website, fix his fees and comply with the deadlines proposed to Users and Clients in accordance with the legal and ethical provisions applicable to him as well as to the GTCU and GTCM available on http://onlinesolutionattorney.be/.

The GTCU and GTCM may be amended at all times by OSA. The GTCU and GTCM applicable to the Attorney are those in force on the day on which a User commissions a Consultation or connects to this Website. OSA undertakes to keep all its former general terms and conditions and provide them to the User or Attorney who so requests.

The GTCU and GTCM are currently available in French, Dutch, and English at www.onlinesolutionattorney.be and in French and English at wwww.onlinesolutionattorney.lu and in Spanish and English at www.onlinesolutionattorney.es In the event of discrepancy as to the interpretation of the French, Dutch, Spanish and English versions, the French text will prevail.

In the event of failure to fulfil any of the foregoing obligations, the Attorney’s Legal Profile, as defined in Article 2 of these GTCM, shall be removed as of right and without notice.

 

ARTICLE 2. GENERAL PROVISIONS

2.1 DEFINITIONS

For the purposes of these GTCM, the terms are defined as follows:

“OSA Directory”: Directory of all the Legal Profiles of Attorneys listed on OSA website.

“Attorney”: Any attorney-at-law or solicitor, who is a natural person, and is registered with at least one or Luxembourg or French or Spanish bar and listed in the OSA website.

“GTCM”: General Terms and Conditions of Membership of the OSA Website applicable to Attorneys who wish to be listed on said website and provide Consultations;

 “GTCU”: General Terms and Conditions of Use applicable to Users of the Website.

“Client”: Addressee of a commissioned Consultation, i.e. a user of the OSA website.be who has commissioned at least one Consultation with an Attorney for his own account, or any legal entity for which a User is duly authorised to represent and to  commission a consultation for.

“Consultations”: Services provided by Attorneys. They are of two types, e.g. Consultation by e-mail (half an A4 page minimum) or Consultation by Skype or phone or in office (30 minutes minimum).

“Attorney Private Space”: Secure personal space of the attorney, which he can access with a username and personal password. The confidentiality and integrity of data received, entered and transmitted by the Attorney are guaranteed by a certificate of authentication.

“Flat rate” or “Price” of the Consultation:  Total price paid for commissioning a Consultation, including the Attorney’s Remuneration, the technical and administrative charges of OSA and VAT.

“OSA” or “the Company”: Online Solution Attorney

“”OSA Website” or the « Website » or the « Site »: Online Solution Attorney platforms (hereinafter after referred as to the "Online Solution Attorney Website", "OSA Website" or the "Site") accessible at:
 -www.onlinesolutionattorney.be 
-www.onlinesolutionattorney.lu 
-www.onlinesolutionattorney.fr
-www.onlinesolutionattorney.es

“Legal Profile”: Personal publication space used by Attorneys to present their contact details and area of specialisation and in particular to disseminate legal information.  The information published by Attorneys on their Legal Profile is public and accessible to all Internet Users.

“User”: Any natural person over 18 who enjoys his full legal capacities, browsing on the Website and/or using the services offered by the Website, who may or may not be subject to prior registration.

“Remuneration” of the Attorney:  Fees and expenses, exclusive of OSA’s technical and administrative charges and VAT.

2.2 COMPANY AND LEGAL NOTICE

Online Solution Attorney Website is the property of Online Solution, a private limited company registered in the Brussels Trade and Companies Register under number BE 653.770.793, with intra-EU VAT number 653.770.793 and whose registered office is located at Avenue Michel Ange 86,1000 Brussels (Belgium)..

The website is currently accessible at
-www.onlinesolutionattorney.be 
-www.onlinesolutionattorney.lu 
-www.onlinesolutionattorney.fr
-www.onlinesolutionattorney.es
The company is also the publisher of the OSA website and the entity responsible for processing of personal data.

The service provider in charge of hosting the website is OVH, S.A.S., a company registeres in France with the VAT number : FR 22 424 761 419 and whose registered office is located at 2 rue Kellermann - 59100 Roubaix – France and email address is hosting@ml.ovh.net.

If you have any questions, you can send us an email at info@onlinesolutionattorney.be or a mail at Avenue Michel Ange 86,1000 Brussels (Belgium).

2.3 SCOPE OF GTCM

These GTCM shall apply to any Attorney who wishes to create a Legal profile and be listed on the OSA website, irrespective of whether he provides Consultations online.

These GTCM are governed by Belgian law.

2.4 ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS OF USE

The activation and maintenance of a Legal profile entail the full and entire acceptance of these GTCM as well as the provisions of the GTCU concerning Attorneys.

By activating a Legal Profile, the Attorney acknowledges that he has read, understood and accepted these GTCM and the GTCU in extenso.

If the Attorney does not accept these terms and conditions, he must forego creating a Legal Profile on the Website.

2.5 AMENDMENT OF THE GENERAL TERMS AND CONDITIONS

OSA reserves the right to amend its GTCU and GTCM. Such amendments shall enter into force upon being published on the website.

The Attorney is therefore requested to consult the GTCU and GTCM before each use of the Service.

By accessing the Service, the Attorney is deemed to have accepted such amendments without reservation or restrictions.

 

ARTICLE 3. LEGAL PROFILE CREATION

3.1 CONDITIONS REQUIRED TO REGISTER ON THE WEBSITE

To create a Legal Profile on the Website, the Attorney must first be registered with a Belgian or Luxembourg or French or Spanish bar without fail and must not be under any temporary order prohibiting him from practising law, removal, or other such measure.

To register, the Attorney must provide accurate professional details including surname, forename, title, professional address, respective bar association, Email address, website.

The Attorney shall be required to inform the Website within 48 hours if one of the events cited in the preceding paragraph were to occur after he has registered.

OSA reserves the right to proceed to checks of all types to ascertain the capacity of an Attorney. To that end, OSA reserves the right to defer the registration of an Attorney on the website until the latter has provided such information as requested by OSA, or until the latter has completed its checks. Such suspension shall not be limited in time and may not entail any prejudice for the Attorneys, who may not claim any compensation as a result.

Rejection of registration is not subject to appeal, is left to the discretion of OSA, and cannot constitute prejudice and/or entitlement to compensation, owing to the purely free nature of the registration. Following a refusal, OSA shall be available for any mediation initiated by the Attorney concerned.

OSA is committed to the quality of the Attorneys for its Users. It consequently reserves the right to exclude any attorney whom it deems “does not play by the rules,” by giving excessively succinct answers to clients, and prohibit him access to one or more types of legal Consultations online.

In any event, OSA reserves the right to remove any registration which it considers to run counter to the ethics of the website.

3.2 LEGAL PROFILE CREATION PROCEDURES

Subject to compliance with the conditions set out in 3.1. the Attorney can create his Legal Profile by logging directly on to the Website with his username and password.

Only Attorneys who have undertaken to create a Legal Profile are listed in the OSA directory. The Website is therefore not exhaustive and does not list all the Attorneys registered with a Belgian or Luxembourg or French or Spanish bar.

The creation of a Legal Profile is free of charge.

The Attorney’s username and password are personal and confidential. The Attorney shall be formally prohibited from disclosing them to third persons.

The creation of a Legal profile automatically lists the Attorney in the OSA directory, which he expressly accepts.

Information that can be made visible to all include the following :

• Surname, forename, title,
• Name of the firm,
•Professional address,
• Date of swearing in,
• Area(s) of expertise / specialisation,
• Respective bar,
• Email address,
•website,
•VAT number,
• particulars of the insurer and the geographic coverage
• types of Consultations offered as well as the prices, deadlines or/and availability for each type of Consultation;

The Attorney shall also have to upload a photograph and complete a brief introductory text.

The Attorney accepts that the information and his photograph are published on the website and accessible to the Users.

To finalise his Legal Profile, the Attorney must certify that he is an Attorney and duly registered with a Bar. By way of reminder, the usurpation of the title of Attorney is subject to criminal penalties.  The Company moreover reserves the right to take legal action against the usurper.

The Attorney may update his Legal Profile at all times.

3.3 DEACTIVATION AND REMOVAL OF A LEGAL PROFILE

The Attorney may deactivate his Legal Profile to prevent it from appearing on the website temporarily. He may reactivate it by logging on again.

The Attorney may also request to have his Legal Profile removed totally and definitively. To that end, he must file an explicit request to have his Legal Profile removed by using the contact form on the Website.

As a security or precautionary measure, the Company may deactivate temporarily or remove definitively a Legal Profile automatically and without notice, in the event particularly of a loss of capacity to practice law, temporarily or definitively, death of the Attorney, removal, by the attorney, of one of the essential items of information listed under 2.2 from his Legal Profile, presumed failure to comply with the ethical rules of the legal profession or with the relevant laws and regulations.

Any Attorney omitted, prohibited from practising law or removed from a Bar shall be required to remove his Legal Profile from the Website immediately. Otherwise, he shall be subject to the criminal penalties for usurpation of a regulated title and/or illegal practice of law.


ARTICLE 4. BENEFITS OF OSA AND SPECIFIC RESPONSIBILITIES OF ATTORNEYS

4.1 GENERAL PRESENTATION OF THE OSA WEBSITE

OSA is a website intended to help put Users and Clients in contact with Attorneys through online tools.

To that end, the Website provides the following benefits for attorneys:

•   No registration expenses;
•   Creation of a personal presentation space through a Legal Profile;
•   Listing of the Attorney in the OSA directory;
•   Possibility to fix a Skype / phone/ in office appoint with Attorneys: the User himself fixes a 30-minute appointment in the Attorney’s agenda;
•   Possibility of a consultation by email: The user gets an answer of at least half an A4 page from the Attorney by email;
•  Automatisation of the withdrawal process;
•   Possibility to update his Legal Profile at all times;
•   Prepaid Consultations ; and
•  Possibility to publish legal notes on the website and social networks.

4.2 FUNCTIONING OF CONSULTATIONS AND SPECIFIC RESPONSIBILITIES OF ATTORNEYS

Two types of Consultations can be provided by Attorneys to Users and Clients of the OSA website:

• A Skype / phone / in office appointment: the User fixes himself a half-hour appointment in the Attorney’s agenda according to the latter’s availability as defined in his Legal Profile when the Consultation was commissioned; and
• A consultation by email: The user receives a reply (by email) of at least half an A4 page from the Attorney he has selected within the deadline set by the latter in his Legal Profile when the Consultation was commissioned;

The attorney who proposes Consultations on the Website undertakes to comply not only with the clauses of these GTCM but also the principles set out in the GTCU concerning him, particularly the benefits provided to Clients and Users, and to accept the consequences of the process for commissioning Consultations and putting the Client in contact with the Attorney, as well as the ensuing responsibilities as described in the GTCU and GTCM.

Except in the case of force majeure or fault attributable to the Client or the User who commissioned the Consultation on behalf of the latter, the Attorney shall be solely responsible for the Skype / phone / in officeConsultation. The Attorney shall conduct a Consultation of 30 minutes minimum at the time fixed by the Client or the User according to the Attorney’s availability at the time the Consultation was commissioned.  It is understood that the Attorney who wishes to extend the consultation beyond this contractual period shall be free to do so, but may not demand additional fees from the Client as a result. The Attorney and the Client who wish to extend the telephone consultation, must agree together, independently from the Website, on the procedures for such consultation.

Except in the case of force majeure or fault attributable to the Client or the User who commissioned the Consultation on behalf of the latter, the Attorney shall be solely responsible for the Consultation by e-mail. The Attorney who proposes a Consultation by e-mail undertakes to draw up a written answer of half an A4 page, reiterating the applicable legal principle(s). He shall moreover be responsible for the deadline which he stipulated for his Consultation.

In the event of force majeure that prevents the Attorney from providing the Consultation commissioned according to the relevant procedures, the Attorney shall reimburse, as promptly, as possible, the full price paid for the Consultation unless he can find, under his own responsibility and in accordance with the GTCU, an arrangement with the Client or User who commissioned the Consultation on behalf of the latter.

No additional payment may be asked of the Client by the Attorney if the Consultation turns out to be longer and/or more complex than foreseen, as the Attorney has agreed to provide Consultations in one or more specific areas which enable him to establish a flat rate. If the Consultation were to entail an exceptional difficulty, the Attorney could call for the termination of the Contract that binds him with the Client by notifying OSA within 48 hours of the receipt of confirmation of the commissioned Consultation by email.

The Attorney who fails to comply with the procedures of the commissioning shall be solely liable for the damages which ensue with regard to the Users and the Clients and/or OSA.  If the Attorney does not comply with the procedures of the commissioned consultation, the Client shall notify the Attorney first and shall be asked to refer the problem to the President of the Bar, as the contract is concluded directly by and between the Attorney and the Client.

4.3. DIRECT RELATIONSHIP BETWEEN ATTORNEY AND HIS CLIENT

The Website provides an online platform and tools that help Users and Clients contact an Attorney.

The contract between the Attorney and his Client is concluded from the time that the Client or the User who commissioned the Consultation on behalf of the latter receives confirmation by email.  Said information email will be entered on the Profile of the User who commissioned the Consultation. The Attorney shall be informed simultaneously by email, and this information shall be entered in his Private Space Profile.

The company is not party to the contract by and between the Attorney and his Client. The transactions are consequently carried out directly between the Client and the Attorney.

The Company shall under no circumstances be held liable for the contractual relationship that binds the Client and the Attorney, and in particular as regards the conclusion, performance or termination of the contract, and shall provide no guarantee in that respect.

More generally, and in the event of a dispute between an Attorney and one of his Clients, the Attorney shall be required to settle it himself, amicably or through the courts, without the Company being involved in any capacity whatsoever.

4.4. RULES FOR USING THE BENEFITS PLACED AT THE DISPOSAL OF ATTORNEYS

Access to the Website provided by the Company entails that the Attorney comply with the rules of good conduct.

The Attorney undertakes in particular to comply with the laws and regulations in force, and the professional rules to which he is subjected as well as the essential principles of the profession.

The Attorney shall thus refrain from publishing content that is invasive of privacy or dignity, denigrating or insulting, inciting racial hatred, violence or of a pornographic nature.

He shall refrain from all behaviour contrary to collegiality, and shall assume a loyal, polite and respectful attitude with regard to other Attorneys, the website, Clients and Users in all contacts that he is likely to have.

Failure to fulfil one of the obligations defined in this article, irrespective of the reason, shall be punishable by immediate removal of the Attorney’s Legal Profile without notice.


ARTICLE 5. PRICE OF CONSULTATIONS AND PAYMENT PROCEDURES

5.1 PRICE OF CONSULTATIONS PROVIDED BY ATTORNEYS

The Attorney shall indicate the Remuneration (fees and expenses calculated exclusive of the technical and administrative charges of the Website) which he shall apply for each of the types of Consultation provided to the Users and Clients on the Website.He shall fix his Remuneration freely in compliance with the ethical rules and may change it at all times.

The Price or Flat Rate which binds the Attorney contractually to his Client for a commissioned Consultation shall be the total amount that was indicated on his Legal profile at the time said consultation was commissioned and shall include the remuneration of the Attorney, the VAT, and the technical and administrative charges of the Website.

At the end of each Consultation, the Attorney shall be required to draw up an invoice for the Client for the consultation in compliance with the legal requirements as well as the provisions of the GTCU and GTCM in particular as regards prices.

5.2 PROCEDURES FOR THE PAYMENT FOR THE CONSULTATION BY THE CLIENT

The Website shall provide a secure online payment platform. To ensure full payment for the Consultation provided by the Attorney, the Website asks the Client to pay the Price (flat rate) when the Consultation is commissioned. The Price of the Consultation shall be paid into an account opened by the Company with a bank of its choice. The User / Client gives OSA mandate to pay the Attorney he has selected to provide him a Consultation the Attorney’s fees.

5.3. CANCELLATION AND REIMBURSEMENT OF THE CONSULTATION

If the Attorney does not wish or is not authorised to provide the commissioned Consultation, he must inform OSA within 48 hours of receipt of the email confirming the commissioning of the Consultation so that the Company may proceed to the reimbursement of the Consultation which shall then be cancelled. Failing that, the Company may not be held liable for the consequences of the cancellation of the contract by and between the Attorney and the Client.

If a Client wishes to exercise his right of withdrawal in accordance with Article 8 of the GTCU, the Attorney who was informed by the Client or by the User who commissioned the Consultation on behalf of the latter must himself inform OSA immediately so that the Company can proceed rapidly to the reimbursement of the cancelled Consultation. Failing that, the Company may not be held liable for the consequences of the cancellation of the contract by and between the Attorney and the Client.

Pursuant to Article 8 of the GTCU, as the Consultations entrusted to Attorneys have to be carried out within 14 days maximum as of the day of receipt of the order confirmation e-mail by the Client and the Client has expressly waived the right of withdrawal upon confirmation of the commissioning of the Consultation, the Client shall have no automatic right of withdrawal as described in the previous paragraph in the event that Consultation has been fully carried out. In such an eventuality, the Attorney concerned shall confirm to OSA the full performance of such a Consultation through his personal space. Otherwise, the Company may not be held liable for the consequences of the reimbursement of the flat rate to the Client.

In the event that the Client does not have the right of withdrawal (any longer), the Client or the User who commissioned the Consultation on behalf of the latter may turn directly to the Attorney to ask him to terminate the Contract. Reasonable fees and expenses could be invoiced for services already rendered under the commissioned Consultation (e.g. becoming acquainted with the question, research, or partial drafting of a written answer, etc.).  The Attorney shall proceed to the partial or total reimbursement of the total amount, under his own responsibility.

5.4.TECHNICAL AND ADMINISTRATIVE CHARGES OF OSA 

The amount payable to OSA for the provision of its website and tools shall be charged only to the User.

5.5. PROCEDURES FOR PAYMENT OF ATTORNEYS AND OSA

To reduce the costs for the administrative and banking processing, the price of the Consultation provided by an Attorney for a calendar month shall be aggregated and paid to him on a monthly basis. Payments may under no circumstances accrue interest for the benefit of the Attorney.

The payment of consultations shall be made on the IBAN bank account indicated by the Attorney in his Attorney Private Space, secured and encrypted. The Attorney shall be required to inform the Company immediately, via his Attorney Private Space, of any change in his banking particular. Otherwise, the Website shall not be held liable for the consequences of a change of the Attorney’s banking particulars of which it was not informed.

5.6.VAT REIMBURSEMENT.

As a precaution, the User has to pay VAT in the country in which the lawyer is identified for VAT at the time of the order. The Attorneys undertake to reimburse prepaid VAT if the Consultation is subject to the reverse charge mechanism or if not subject to VAT.

If, at the time of the order, the User is of the opinion that no VAT is not due in the country of the Attorney because the client is located in another member state of the European Union and the consultation is subject to the reverse charge mechanism, or because the client is located outside the European Union and no VAT is due, or for any other particular reason, the User must, at the time of the order, indicate the location of the client, its intercommunity VAT number if any, and/or the reason why the prepaid VAT is not due.

 
ARTICLE 6. CONFIGURATIONS REQUIRED TO USE THE TOOLS

To be able to use the tools and Services on the Website, the Attorney must have the following technical configurations;

- Activated JavaScript;
- Authorised cookies;
- A recent browser (list not exhaustive): IE9+; Google Chrome 46+; Firefox 40+; Safari 9+; Opera 33+; Android Browser 4+;
- A stable internet connection with downloading rate of 256 kb/s minimum.

These configurations are indispensable for the optimal use of the tools on the Website, and it is up to the Attorney to ensure that his installations are compatible with these technical configurations.

The Company places at the Attorney’s disposal temporarily and free of charge these tools which are intended to help Users and Clients contact Attorneys.

The provision is made in an individual capacity and confers no right of any sort to the Attorney on said tools. Any function creep, copying , forgery or other infringement of the Company’s rights to said tools shall be punishable by immediate removal of the Attorney’s Profile without notice, the Company reserving the right to take any and all other useful action to defend and protect its interests.

The Website provides no guarantee on these tools, and in particular on performance or efficiency.

 
ARTICLE 7. INTELLECTUAL PROPERTY

The Company holds the intellectual property rights to the general structure of the OSA Website, its contents and the OSA trademark.

Any unauthorised reproduction of its trademarks, logos and distinctive signs shall constitute an act of piracy punishable by civil and criminal penalties.

In particular, any representation, reproduction, modification or generally any total or partial exploitation of the Website, its content or services, its trademark, logos, commercial names, initials, and domain names, without the prior, express consent of the Company, is strictly prohibited, irrespective of the media or procedure used.
 

ARTICLE 8. PERSONAL DATA PROTECTION

8.1 INFORMATION REGARDING PERSONAL DATA

The Entity responsible for the processing of the data is Online Solution Attorney, a private limited company registered in the Brussels Trade and Companies Register under number BE 653.770.793, with intra-EU VAT number 653.770.793 and whose registered office is located at Avenue Michel Ange 86,1000 Brussels (Belgium).

From 28 May 2018, the Data Protection Officer will be Cynthia Charlier whose registered office is located  at Avenue Michel Ange 86,1000 Brussels (Belgium).

Personal data will be subjected to computer processing. It is processed by computer to facilitate the management and the development of automated tools intended to contribute to the dematerialization of exchanges between attorneys and clients including orders of legal services. in accordance with article 6, f of the GDPR, processing is necessary for the purposes of the legitimate interests pursued by the controller since the purpose of the processing is to prevent fraud or ensure the security of the Online Solution Attorney website and information of its computer systems.

Concerning the data to be collected in the order questionnaire that might be sensitive according to the GDPR, the consent of the party concerned will be requested in accordance with article 6, a of the GDPR. The sensitive data possibly contained in the questionnaire will be automatically removed within a period of 40 days starting from the day of the order under consideration.

Concerning the data to be collected in the order questionnaire that might be sensitive according to the GDPR, the consent of the party concerned will be requested in accordance with article 6, a of the GDPR. The sensitive data possibly contained in the questionnaire will be automatically removed within a period of 40 days starting from the day of the order under consideration.

Every User/Attorney can obtain access to, and if necessary, rectification or deletion of the information concerning him/her, by managing his/her personal data on his User Profile on OSA or sending an e-mail to the following address: info@onlinesolutionattorney.be, while indicating his/her last name, first name, postal mail and e-mail addresses and attaching a copy of his / identity card.

The data is not transferred anywhere outside the EU.

The data are kept for the following periods :

• User account management : data on individuals/enteprises required for legal services orders and transaction until cancelation of subscription ;
• Service management : data on legal services ordered, 40 days after collection ;
• Attorney account management : activation duration ;
• Management of attorney directories : up dated daily ;
•  Analysis and measurement of site traffic : 15 months.

Every Attorney can obtain access to, and if necessary, rectification or deletion of the information concerning him/her, by managing his/her personal data on his Attorney Profile on OSA or sending an e-mail to the following address: info@onlinesolutionattorney.be, while indicating his/her last name, first name, postal mail and e-mail addresses and attaching a copy of his / identity card.

The data is not transferred anywhere outside the EU.

Any attorney has the right to lodge a complaint with the supervisory authority, i.e.:

The Data Protection Authority/L’Autorité de Protection des Données
Rue de la Presse 35
1000 Bruxelles
Tel. +32 2 274 48 00 
Fax +32 2 274 48 10
e-mail: commission@privacycommission.be 
Website: http://www.privacycommission.be/

8.2 COOKIES

Cookies are small files stored in the surfer’s device to facilitate his visit and enable him to connect to the Website.

The Website uses several cookies:

(1) User Account. These cookies register a single identifier to keep the User connected to the Website. They contain no direct, nominative information.

(2) Security. In addition to the security analyses on the servers, the Website uses cookies that can help to strengthen security and to identify any malicious conduct.

(3) Browsing. These cookies are used to customise the content that is displayed specially for each user. For instance: display an explanatory page during the first visit to a service; record display or selection preferences, etc.

(4) Analytics. OSA uses Google Analytics, a web analytics service provided by Google, Inc. (‘Google’). Google Analytics uses cookies (text files placed on your computer) to help the website operators analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

These cookies contain no nominative information.

You can refuse the use of cookies:

Internet Explorer

• http://windows.microsoft.com/en-GB/internet-explorer/delete-manage-cookies

Firefox

• https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
• https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored

Google Chrome

• https://support.google.com/chrome/answer/95647?hl=en

Safari

• http://help.apple.com/safari/mac/8.0/#/sfri11471

The User shall be informed that if he decides to block all the cookies, certain functionalities of the Website may not work.

The Website enables Users to share contents on the social networks (Facebook, Twitter, LinkedIn, Google+,…). These social networks may deposit cookies for their own purposes, independently from the Website. In order to comply with the legal provisions on the protection of privacy, the Website blocks beforehand, by default, cookies that might be deposited by the social networks or other third websites.

8.3. LIVE CHAT

OSA uses its help desk provider Zendesk for managing our customer support services. Zendesk is an online help desk service provider and provides a system for tracking, prioritizing and solving customer support requests across multiple channels, bringing customer information and interactions into one place. The operating company of the Zendesk is Zendesk Inc., 1019 Market Street, San Francisco, CA 94103-1612, USA. If you choose to contact our customer service, your personal information will be transmitted automatically to Zendesk. By using our customer service channels, you agree to the transmission of personal information required for answering your service request. The personal information exchanged with Zendesk is your name, e-mail address and any additional information you choose to provide as part of your service request. The legal basis for using Zendesk for our customer service is a data processing agreement pursuant to Art. 6(1)(b) GDPR. For more information about Zendesk’s data processing, see Zendesk’s Privacy Policy at www.zendesk.com/company/privacy.

8.4. INFORMATION ON DATA SECURITY

All the data collected on the Website shall be stored in data centres situated exclusively in Belgium. The confidentiality and integrity of the data are guaranteed by a certificate of authentication and an HTTPS security protocol with a 2048 bit encryption algorithm.

 

ARTICLE 9. LIABILITY

9.1. LIABILITY OF THE COMPANY

9.1.1. GENERAL PROVISIONS

In accordance with the terms and conditions of use of the Online Solution Attorney website and the legal and ethical rules applicable to him/her, each attorney remains solely liable for damaging consequences arising from information on his/her profile or the legal notes published in his/her name on the Online Solution Attorney website or the legal services ordered by users of the platform.

The attorney proposing online legal services must at least:
• identify him/herself;
• Provide information on its location (business address) and how to reach him/her (telephone number, fax number, email address);
• Specify the structure to which he/she belongs;
• Mention at least one membership bar.

The legal and ethical rules applicable to the lawyer depend on his bar association 

The Company shall be bound to the Users, Clients and Attorneys by an obligation of means.

The Company shall provide no guarantee as to the continuation of said benefits, as their provision may depend on third parties (access provider, host, power supplier, in particular).

The Company shall consequently not be held liable for prejudice resulting from the temporary or definitive inability to access the benefits on the Website.

Similarly, the Company reserves the right to suspend access to the Website for maintenance, update or any other reasons, without prior notice to the Users and Attorneys, and without entitlement to compensation; the Company undertakes to reduce the downtime of the Website to a minimum.

The Website may include Attorneys’legal notes and  hypertext links to the sites of third parties, Attorneys or commissioned Consultations in particular. The Company shall under no circumstances be held liable if the content of said legal notes and websites infringe the legal or regulatory provisions in force, or for any use that said websites might make of the Attorney’s data. The Attorney shall be responsible for checking the General Terms and Conditions of said websites prior to any browsing.

In any event, the Company may not be held liable if the fulfilment of an obligation is hindered or delayed by force majeure, in particular if power or telecommunication networks are interrupted or malfunction, or in case of fire or natural disaster.

9.1.2. EXCLUSION OF THE COMPANY’S LIABILITY IN THE RELATIONSHIP BETWEEN ATTORNEY AND CLIENT

The Website provides an online platform and tools to enable Users to contact an Attorney.

The Company is not party to the contract between the Attorney and his Client. Transactions are consequently conducted directly between the Attorney and his Client.

The Attorney may therefore under no circumstances turn against the Company or call on it by way of guarantee in case of an amicable or judicial petition against or at the initiative of a Client, for any reason whatsoever.

9.1.3. LIMITATION OF LIABILITY IN THE EVENT OF FAILURE TO FULFIL AN ESSENTIAL OBLIGATION

If the Company fails to fulfil an essential obligation to an Attorney, it shall be liable only for the direct and foreseeable prejudice suffered by the Attorney up to a maximum limit of €200 per such failure.

In his relations with the Company, the Attorney recognises that all information exchanged with the Company by email, the electronic data saved on the Website, the Attorney’s connection details and the information stored by the Attorney on his Legal Profile in principle have probatory force and are valid between the Parties.

The Company shall spare no effort to ensure a maximum quality of Service to Attorneys and to secure the continuity of its Services.

The Attorney may under no circumstances hold the Company liable in the following cases:

•   Incompatibility of the Attorney’s hardware and operating system with the tools on the Website;
•   Non-compliant use of a tool on the Website;
•   Fraudulent use of an Attorney’s connecting data by a third party (login and password);
•   Downloading of a file from the Website or a dispatch from an  User with a virus, or any other element that could damage the Attorney’s hardware.

The Attorney is generally responsible for saving his data, his hardware and protection against any element that might damage it.

In a more general manner, the Attorney shall be solely liable for any damage that he might cause to third parties when using the tools and Consultations offered by the Website.

9.2 ATTORNEY’S LIABILITY

The Attorney shall be solely responsible for the Consultations provided to the Client, which must comply with the legal and ethical obligations as well as these GTCM and GTCU that concern him.

The Attorney shall in particular be required to ensure that he has appropriate experience and sufficient information to answer the Client in an enlightened and relevant manner.

Prior to any Consultation, the Attorney must ascertain the identity of the person to whom he is replying and the stakeholders in the case in order to be able to comply with professional secrecy and exclude any risk of conflict of interest.

Otherwise, the Attorney may, before the expiry of a deadline for a Consultation by email or before a Skype or phone / in office appointment for a Consultation, contact the Client or the User who commissioned the Consultation on behalf of the latter to obtain the missing information.

The Attorney shall have 48 hours as of receipt of confirmation of the commissioning of a Consultation within which to refuse or to accept the Consultation via his personal space and enable OSA to proceed to reimburse the Client for the Consultation on behalf of the Attorney in case of refusal.

If it should turn out that the payment made by the Client must be cancelled subsequent to the Consultation by the Attorney (fraudulent payment or payment with insufficient funds, in particular), the Attorney shall be free to take action personally against the Client.

In any event, the Company may not be held liable on account of the contractual relationship by and between the Attorney and his Client, in particular as regards the conclusion, performance or termination of the contract, and shall provide no guarantee to that end.

More generally, and in the event of a dispute between an Attorney and one of his Clients, the Attorney shall be required to settle it himself, amicably or through the courts, without the Company being involved in any capacity whatsoever.

9.3 DEACTIVATION AND REMOVAL OF A LEGAL PROFILE

The Company may deactivate temporarily or remove definitively a Legal Profile automatically and without notice, in the event particularly of a loss of capacity to practice law, temporarily or definitively, omission of the Attorney, death of the Attorney, presumed failure of the Attorney to comply with one of the obligations arising out of these GTCM or GTCU, the ethical rules of the legal profession or the relevant laws and regulations.

The Attorney undertakes irrevocably to defend and hold the Company harmless from any amicable or judicial petition by another Attorney, User or Client, or any other natural or legal person, resulting from the Attorney’s failure to fulfil an obligation arising out of these GTCM and GTCU, or failure to comply with the rules of the legal profession or laws and regulations on the part of the Attorney on the Website or via the Website.

 

ARTICLE 10. GENERAL PROVISIONS

10.1. OPERATION OF THE WEBSITE

The Company may put an end to the operation of the Website, for any reason whatsoever, without an Attorney being entitled to make any claim against the Company, amicable or judicial, as a result.

The Company shall be required to inform the Attorneys of the end of operation at least 8 days in advance by email.

The Company may also change the contents of the Website and the Consultations, as well as the operating procedures of the Website, without notice and without being held liable as a result.

10.2. PARTIAL INVALIDITY OF THE GENERAL TERMS AND CONDITIONS OF USE AND OF SALE

The purpose of the titles of these GTCM is to facilitate the reading thereof. Any clause of these GTCM that is declared null and void by a court shall under no circumstances affect the remaining provisions nor the validity thereof as a whole.

10.3. DISPUTES

These General Terms and Conditions of Membership are governed by Belgian law.

Except in the case of public policy provisions, any disputes which may arise in connection with the performance of these General Terms and Conditions shall be referred to the discretion of the OSA for an amicable settlement, before any court action.

Except where the Law provides otherwise, any dispute about these GTC shall be referred exclusively to the courts of the OSA’s registered office, even in case of a call for guarantee or with multiple defendants.