General terms and conditions Legaltree Zonneheerd Advocatuur B.V.
1. Applicability
1.1 Legaltree Zonneheerd Advocatuur B.V. is private company with limited liability (in Dutch: B.V.) governed by Dutch law. Its object is to conduct a legal practice and to provide interim lawyer services.
1.2 These general terms and conditions shall govern all contracts and additional subsequent contracts entered into with Legaltree Zonneheerd Advocatuur, including the legal relationships arising from or in connection with these.
1.3 These general terms and conditions shall also apply to those persons or legal persons that are either directly or indirectly involved in the provision of services by Legaltree Zonneheerd Advocatuur.
2. Contracts
2.1 All contracts shall be deemed to have been entered into with and accepted by Legaltree Zonneheerd Advocatuur, even if, either implicitly or explicitly, a specific individual is charged with its performance. The provisions of articles 404 and 407 (2) of Book 7 of the Dutch Civil Code do not apply.
2.2 The client agrees to indemnify Legaltree Zonneheerd Advocatuur from and hold that party harmless against any claims from third parties, including the reasonable costs of legal assistance, which are in any way related to the activities performed for the client, unless such claims arise from gross negligence or wilful intent.
3. Fees and disbursements
3.1 The costs of performing the contract by Legaltree Zonneheerd Advocatuur shall include fees and disbursements.
3.2 Unless explicitly agreed otherwise between the parties, fees are calculated on the basis of the time spent and the hourly rate applicable to the contract in question.
3.6 Disbursements are costs actually incurred by Legaltree Zonneheerd Advocatuur for the benefit of the client (such as court fees, bailiff’s costs and costs of obtaining extracts from the Chamber of Commerce).
4. Payment
4.1 Invoices for work and disbursements are sent at the end of each month.
4.2 Invoices must be paid within 14 days.
4.3 If an invoice is not paid within this period, statutory interest shall be due.
4.4 If payment is still not made after a reminder has been sent, all judicial and extrajudicial costs of collection shall become payable, to an amount of at least 15% of the amount of the invoice, with a minimum of € 50.
4.5 If an invoice or an advance payment is not settled within the payment period, Legaltree Zonneheerd Advocatuur may suspend the performance of its activities, after having notified the client to that effect. Legaltree Zonneheerd Advocatuur shall not be liable for any damage arising from this suspension of the activities.
5. Advance payments
Legaltree Zonneheerd Advocatuur may request the client to make an advance payment before commencing the work under the contract. Any advance payments will be set off upon completion of the work.
6. Liability
6.1 Legaltree Zonneheerd Advocatuur has taken out professional liability insurance to an amount in excess of the amount prescribed by the Nederlandse Orde van Advocaten (the Netherlands Bar Association).
6.2 Any liability is limited to the amount paid out in the case concerned under the applicable insurance policy, increased by the excess amount which, under the said policy, is payable by Legaltree Zonneheerd Advocatuur in the case in question. If, for whatever reason, no payment is made under the aforementioned insurance policy, any liability shall not exceed an amount equal to twice the fees charged in the case in question in the twelve-month period preceding the event that caused the liability, with a maximum of €500,000.
6.3 If performance of the contract means the engagement by Legaltree Zonneheerd Advocatuur of the services provided by a person, legal person or third party not forming part of Legaltree Zonneheerd Advocatuur for the activities to be carried out for the benefit of the contract in question, Legaltree Zonneheerd Advocatuur shall not be liable for any mistakes on the part of this person, legal person or third party.
6.4 Any persons, legal persons or third parties whose services are engaged in connection with the performance of a contract may want to limit their liability. All contracts entered into with Legaltree Zonneheerd Advocatuur shall include the authority to accept such limitation of liability on behalf of the client.
6.5 If, as a result of the performance of a contract or otherwise, damage is caused to either items of property or to individuals for which Legaltree Zonneheerd Advocatuur may be held liable, such liability shall be limited to the amount paid out in the case concerned under the applicable insurance policy, increased by the excess amount which, under the said policy, is payable by Legaltree Zonneheerd Advocatuur.
6.6 Without prejudice to the provisions contained in article 89 of Book 6 of the Dutch Civil Code a claim for compensation shall lapse, if the claim in question is not put before the competent court of law within a period of one year after the facts underlying the claim became known to, or could reasonably have been known to, the client.
7. Records
The case file will be kept for a period of at least ten years, after which period Legaltree Zonneheerd Advocatuur shall be free to destroy the records in question.
8. Governing law / court of competent jurisdiction
8.1 The legal relationships between Legaltree Zonneheerd Advocatuur and its clients are governed by Dutch law.
8.2 Any dispute between Legaltree Zonneheerd Advocatuur and its clients shall be settled by a Dutch court of law.
8.3 These conditions are also provided in English and German. Where a dispute arises about the contents of these provisions or their interpretation, the Dutch text shall prevail.
On request these conditions will be made available at no charge. They may also be consulted at http://www.legaltree.nl/hensen/algemenevoorwaarden.
