General Terms and Conditions
- De Kempenaer Advocaten N.V. is a public limited company incorporated under Dutch law, whose object is the practice of law in the broadest sense of the word.
- In these general terms and conditions, "De Kempenaer Advocaten" means De Kempenaer Advocaten N.V. "Partner" means a person who (indirectly) holds shares in De Kempenaer Advocaten N.V. Client" means any person other than De Kempenaer Advocaten N.V. in respect of whom a legal relationship as referred to in articles 3 and 4 below exists or is established.
- These General Terms and Conditions apply to all agreements for services, including any follow-up, amended or additional instructions given to De Kempenaer Advocaten, its partners or persons employed by or otherwise working for De Kempenaer Advocaten, unless otherwise agreed prior to the commencement of the instructions.
- An agreement for services shall only come into effect upon acceptance of the assignment by or on behalf of De Kempenaer Advocaten. In such cases, De Kempenaer Advocaten may only be represented by lawyers associated with the firm.
- a. All instructions are deemed to have been exclusively given to and accepted by De Kempenaer Advocaten. Notwithstanding Articles 7:404, 7:407(2) and 7:409 of the Dutch Civil Code, the partners and those working for or on behalf of De Kempenaer Advocaten, whether in employment or otherwise, are not personally bound or liable and the instructions do not end in their death, even if it is the express intention that instructions be carried out by certain persons.
b. Contrary to Section 404 of Book 7 of the Dutch Civil Code, De Kempenaer Advocaten shall always be free to decide which lawyer or lawyers are to perform the work required for the execution of the assignment.
- If, during the execution of an assignment, an incident occurs - including an omission - which leads or may lead to liability on the part of De Kempenaer Advocaten, such liability shall be limited to the amount indemnified by the professional liability and/or corporate liability insurance taken out by De Kempenaer Advocaten, plus the amount of the deductible applicable under those policies. If, for whatever reason, no monies are paid out under the aforementioned insurance policies, any and all liability shall be limited to three times the fee paid by the client to De Kempenaer Advocaten in the relevant case in the relevant calendar year, up to a maximum of € 100,000. This limitation shall not apply in the event of intent or wilful recklessness on the part of De Kempenaer Advocaten or those working for it. Further information on the contents of the policy terms and conditions will be provided upon request.
- a. De Kempenaer Advocaten is not liable for loss or damage resulting from
- third parties engaged by it, whether or not in consultation with the client. De Kempenaer Advocaten assumes, and hereby stipulates, that all instructions issued to it include the authority to accept any limitations of liability of third parties, also on behalf of the client;
- any illegal or malicious infringement within the organisation of De Kempenaer Advocaten of the electronic data or systems, resulting in (functions leading to) the distortion, corruption, manipulation, copying, deletion, destruction or slowing down of such electronic data or systems.
b. The client indemnifies De Kempenaer Advocaten against all third-party claims, including the reasonable costs of legal assistance, which are in any way connected with, or arise from, the activities performed for the client, barring intent or gross negligence on the part of De Kempenaer Advocaten.
- Not only De Kempenaer Advocaten but also any persons engaged in the execution of any instructions from the client may invoke these General Terms and Conditions. The same shall apply to former employees, including their heirs, if held liable after they have left the firm of De Kempenaer Advocaten.
- Unless otherwise agreed in writing, fees will be determined on the basis of hours worked multiplied by the applicable rates as determined by De Kempenaer Advocaten from time to time. In addition, the expenses paid on behalf of the client will be charged, as well as an office surcharge, which surcharge is fixed at a percentage of the fee; this is to cover general office expenses (such as sending regular or registered mail, costs of telephone, fax and electronic communication, copying costs and document production). All amounts mentioned are exclusive of VAT. De Kempenaer Advocaten is entitled to amend the applicable rates and the office expenses percentage during the term of the agreement.
- a. The fee, plus out-of-pocket expenses, office expenses and turnover tax will be charged to the client periodically, subject to a payment term of 14 days, to be calculated from the date of the invoice.
b. Complaints about an invoice or the activities and/or costs charged in connection with the invoice must be notified to De Kempenaer Advocaten in writing within 14 days of the invoice date. If no written complaint is received by De Kempenaer Advocaten within this period, the invoices and/or the charged activities and/or costs will be deemed to have been accepted.
c. If the payment period referred to under 10 a. is exceeded, the client shall be in default by operation of law and shall owe the statutory (commercial) interest immediately.
d. If De Kempenaer Advocaten takes collection measures against the client, the extrajudicial costs associated with that collection shall be borne by the client, with a minimum of 15% of the balance of the outstanding invoices and a minimum of € 500.
- De Kempenaer Advocaten is entitled at all times to request an advance payment for work performed or to be performed. The work may be suspended if invoices sent by De Kempenaer Advocaten are not paid on time or an advance payment to cover the work is not available. An advance payment received will be set off against the last invoice.
- Pursuant to applicable regulations (including the Money Laundering and Terrorist Financing (Prevention) Act), De Kempenaer Advocaten is obliged to establish the identity of the client and, in certain circumstances, to report any unusual transactions to the authorities. By instructing De Kempenaer Advocaten, the client confirms that he is aware of this and, insofar as necessary, gives his consent.
- The legal relationship between De Kempenaer Advocaten and the client is governed by Dutch law. All disputes arising from the legal relationship between the client and De Kempenaer Advocaten shall be submitted for exclusive settlement to the competent court in Arnhem. Claims for compensation shall lapse if they are not brought before the competent court within one year of discovery. If De Kempenaer Advocaten acts as plaintiff, it shall have the option to bring the dispute before a court which has jurisdiction without this clause.
- These general terms and conditions are available in Dutch, English and German. In the event of any dispute regarding the contents or purport of these general terms and conditions, only the Dutch text and its meaning shall be binding.
- These General Terms and Conditions were filed with the Chamber of Commerce and Industry in Arnhem on 13 October 2015.
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