General conditions Legaltree (pdf) (383.5 KB)

General conditions Legaltree

1. Applicability

1.1 These general terms and conditions apply to all work commissioned to Legaltree (including any additional or follow-up work commissioned), as well as to the legal relationships arising from or in connection with such work.

1.2. Within the context of these general terms and conditions the name Legaltree shall include: all individual lawyers and practices with corporate personality associated with Legaltree B.V. that at any moment in time are referred to as such or as Legaltree Partner, as the case may be, on the website www.legaltree.nl. The Legaltree Partners constitute a partnership as defined by the Collaboration Regulations (in Dutch: Samenwerkingsverordening 1993).

1.3. These general terms and conditions have also been stipulated for the benefit of persons or legal persons that, either directly or indirectly, are in any way involved in activities arising from the work commissioned given to Legaltree, or for whose acts or omissions Legaltree might be liable.

2. Work

2.1 All work shall be deemed to have been commissioned to, and to have been accepted only by, the individual Legaltree Partner that has accepted the work commissioned by the client. This is also the case if the work commissioned is accepted by a Legaltree Partner acting as a practice with corporate personality, in which case the applicability of articles 404 and 407 (2) of Book 7 of the Dutch Civil Code does not apply.

2.2. Work commissioned is carried out exclusively for the benefit of the client. No rights may be derived by third parties from the work commissioned or from the work performed, except insofar as such follows from article 1.3.

3. Fees and disbursements

3.1 The costs incurred as a result of Legaltree carrying out the work commissioned to them shall include fees and disbursements only. All amounts are exclusive of V.A.T., unless stated otherwise. No general or office surcharge rate is charged. Disbursements are charged at cost price.

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 commissioned work in question.

3.3 Disbursements are costs specifically incurred by Legaltree for the benefit of the client (such as court fees and costs for, for example, process servers, courier services and the trade register.

3.4. Legaltree is entitled annually to adjust the hourly rate. If the hourly rate is raised, the new rate will only take effect two weeks after having been communicated to the client.

4. Deposit

4.1. Legaltree may ask a client to pay a deposit before carrying out the client’s work commissioned to them, or an interim deposit before continuing to carry out the work commissioned to them. Upon completion of the work commissioned, any deposits will be set off against the final outstanding statement(s) of fees.

5. Payment

5.1 In principle fees and disbursements, if any, are billed at the end of each month.

5.2 Invoices are payable within 14 days from date of invoice, unless the parties have explicitly agreed otherwise. The client cannot claim suspension or set off.

5.3 If a statement of fees is not paid within the payment period, statutory interest shall be due.

5.4 If a statement of fees or a deposit is not paid within the payment period, Legaltree may suspend the performance of its activities, after having notified the client of its intention to do so. Legaltree shall not be liable for any damage arising from this suspension of the activities.

6. Liability

6.1. Legaltree has taken out professional liability insurance. Any liability arising from the performance of work commissioned or otherwise shall be limited to the amount that in such a case will be paid out under the applicable insurance agreement, plus the amount of the excess applicable in that case under the said insurance agreement.

6.2. If for whatever reason no payment is made by an insurer, liability, if any, shall be limited to direct damage and 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 EUR 100,000. At client’s request specific additional cover may be provided.

6.3. Without prejudice to the provisions contained in article 89 of Book 6 of the Dutch Civil Code a claim for compensation shall in any case lapse, if Legaltree or the Legaltree Partner in question has not been notified of such a claim within six months after the client learned or could reasonably have learned of the event or the omission that gave rise to the damage.

7. Hiring third parties

7.1. Legaltree has the right on behalf of the client to involve third parties (including: other lawyers (from within the Legaltree partnership or otherwise), process servers, civil-law notaries, accountants, other experts) in the performance of the work commissioned, insofar as such is deemed necessary by Legaltree for the proper performance of the work commissioned to them.

7.2. If Legaltree hires the services of a third party as referred to in the previous paragraph with a view to carrying out activities related to the performance of the work commissioned to them, Legaltree shall not be liable for any mistakes such a third party might make.

7.3. Third parties whose services are hired in connection with the performance of work commissioned may wish to limit their liability. All work commissioned to Legaltree shall include the authority to accept such limitation of liability and/or any other specific contract terms on behalf of the client as well, in which case Legaltree shall have the right to enforce this limitation of liability and/or those specific contract terms against the client, insofar as performance of the work commissioned by the third party is concerned.

8. Records

8.1. The case file will be kept for a period of seven years after completion of the work commissioned, after which period Legaltree shall be free to destroy the records in question.

9. Clients’ funds

9.1. Legaltree has entered into an agreement with Stichting Beheer Derdengelden Legaltree, who will be charged for the benefit of Legaltree with administering the clients’ account that law firms are under an obligation to maintain.

9.2. Legaltree hereby excludes any liability, also on behalf of Stichting Beheer Derdengelden Legaltree, arising from or in any way connected with any failure on the part of any bank to meet its obligations.

9.3. Legaltree and Stichting Beheer Derdengelden Legaltree are authorized to set off funds received for or from the client against what is owed to them by the client, or to use such funds towards payment for what is owed to them, except when the client objects to this in writing

10. Client information

10.1. When carrying out the work commissioned, Legaltree will take appropriate measures to ensure the confidentiality of the client relationship.

10.2. Under the applicable regulations, including the Money Laundering and Terrorist Financing (Prevention) Act (in Dutch: Wet ter voorkoming van witwassen en financieren van terrorisme), Legaltree is obliged to establish the identity of its clients and, where appropriate, to report certain unusual transactions to the authorities. By instructing Legaltree to carry out work commissioned to them, the client acknowledges being aware of this obligation and, to the extent necessary, gives permission for such information to be provided.

10.3. The client hereby gives permission for client information available to Legaltree to be disclosed to other Legaltree Partners or third parties as defined in 7.1, on condition of confidentiality.

11. Complaints procedure

11.1. Legaltree has a complaints procedure which may be consulted at www.legaltree.nl and will be sent to you on request free of charge.

11.2. The complaints procedure enables a client to file a complaint in writing (including by e-mail) with regard to the conduct of the lawyer dealing with his case or the statement of fees. The complaint may be addressed to the lawyer in question or to Legaltree’s complaints officer (to be found at www.legaltree.nl).

11.3. Legaltree’s complaints procedure aims to offer a satisfactory solution to the client within one month from the date of the filing of the complaint.

12. Applicable law and competent court

12.1. The legal relationships between Legaltree and its clients are governed by Dutch law.

12.2. Any disputes between Legaltree and its clients shall be submitted to the exclusive jurisdiction of the district court of The Hague.

13. Other provisions

13.1. These general terms and conditions are also available in English. In the event of a dispute about the contents or the purpose of the general terms and conditions the Dutch text shall prevail.

13.2. Legaltree is authorized to change or amend these general terms and conditions. The client will be bound by such changes and/or amendments, but not until two weeks have passed after the client has been notified of these in writing.