General terms & conditions

Article 1 – Definations

Cliënt:

The formal contract party of Zeevenhooven Advocaten, being a natural person as well as any company represented by this person, providing an assignment to Zeevenhooven Advocaten.

Zeevenhooven Advocaten:

Zeevenhooven Advocaten is the tradename of the private limited company (“besloten vennootschap met beperkte aansprakelijkheid”), Zeevenhooven Advocaten B.V., having its statutory seat and office at (1083 HN) Amsterdam, Barbara Strozzilaan 101 registered with the Chamber of Commerce under number 60548096.

Fee:

The financial compensation – excluding disbursements and 6% office charge- to be charged to the Client by Zeevenhooven Advocaten for rendering services to the Client.

Office:

Zeevenhooven Advocaten and the persons related to and used by Zeevenhooven Advocaten for the execution of the assignment.

Office Charge:

An fixed charge of 6% on top of the Fee compensating the usage of office facilities.

Agreement:

The assignment agreement between Zeevenhooven Advocaten and the Client.

Disbursements:

Costs made by Zeevenhooven Advocaten on behalf of the Client.

Article 2 – Applicability

2.1     These terms shall apply to all legal relationships between Zeevenhooven Advocaten and Client, more over these terms shall apply to all legal services to be performed by Zeevenhooven Advocaten on behalf of the Client.

2.2     All clauses of these General Term and Conditions apply and have been drafted on behalf of all persons employed and/ or engaged by Zeevenhooven Advocaten.

2.3     Deviations from these General Terms and Conditions must be in writing and must explicitly be pre-approved by Zeevenhooven Advocaten. The applicability of the terms and conditions of the Client is hereby specifically rejected.

Article 3 – Agreement

3.1     The Agreement will only be entered after formal acceptance of the assignment by Zeevenhooven Advocaten.

3.2     The Client agrees that any attorney who is a direct or indirect shareholder of Zeevenhooven Advocaten is entitled to have the Agreement – under its supervision – executed by its associates. The applicability of section 7:404 and 7:407, clause 2, Dutch Civil Code is explicitly excluded.

Article 4 – Fee

4.1     Unless agreed differently, the Client owes Zeevenhooven Advocaten a remuneration for the execution of the Agreement consisting of the Fee to which VAT (if applicable), Disbursements (if applicable) and the Office Charge will be added.

4.2     Parties can agree upon a set fee when entering into the Agreement. In the absence of such an agreement, the Fee shall be calculated on the basis of hours spent. The Fee will be calculated on the basis of the hourly rate, applicable during the period in which the services were rendered.

Article 5 – Payments

5.1     All invoices of Zeevenhooven Advocaten are subject to a payment period of 14 days following the issuance date. Any objections against an invoice does not adjourn the Client from (any) of its payment obligations.

5.2     In the event of late payment i.e payment later than after 14 days after the date of issuance of the invoice, Client shall immediately be in default and Zeevenhooven Advocaten shall be entitled to statutory interest for commercial transactions, starting from the moment of default until full and final settlement.

Article 6 – Processing of personal data

6.1     In the performance of the Agreement, personal data of Clients will only be collected and used with prior consent. This personal data is protected in an appropriate technical and organizational manner and will only be processed for the purpose for which these personal data have been collected.

6.2     Without personal consent, personal data of Clients will never be provided to third parties.

Article 7 – Electronic communication

7.1     All electronic communication is considered and accepted to communication in writing.

7.2     The Client acknowledge that electronic communication is not secure and can be intercepted, manipulated, delayed or misdirected, including by viruses and spam filters.

Article 8 – Complaints

8.1     Complaints regarding the provision of Services by Zeevenhooven Advocaten must be filed (in writing) with Zeevenhooven Advocaten, within 8 days after taking notice of any alleged shortcomings/ inadequacies, ultimately within 14 days after finalization of the services. In order to be able to respond properly to any complaints, complaints shall describe in detail the alleged shortcomings/ inadequacies of Zeevenhooven Advocaten.

8.2     In the event of a legitimate and justified claim, Zeevenhooven Advocaten shall be offered the possibility to cure it shortcomings. In the event it is – in accordance with objective measures – impossible to cure its shortcomings, Zeevenhooven Advocaten shall only be liable in accordance with the limitations as set out in article 7 hereunder.

Article 9 – Limitation of liability

9.1     Any and all liability of the Office regarding the Client and any third party is limited to the amount paid out in the matter concerned, if any, under the professional liability insurance policy of the Office, plus the amount of the deductible (“eigen risico”) applicable.

9.2     If and insofar as for any reason whatsoever no payment under said insurance, or it does not cover, liability is limited to the Fee value of the work, of which the defect cause has been damage or – if this not to determine – the invoice value of the work Zeevenhooven Advocaten at the time of the injurious event occurred conducted on behalf of the Client.

9.3     Above mentioned limitation of liability also applies in the event the Office is liable for any third party it may have used executing the Agreement or in the event of malfunctioning of any equipment, software, databases, registries used by the Office

9.4     No limitation of liability shall apply in the event of gross negligence or willful misconduct by Zeevenhooven Advocaten and/ or its supervisors and/ or subordinates.

Article 10 – Final provisions

10.1     These general term and conditions have entered into force May 1st 2014.

10.2     In the event that any provision of these terms and conditions should be void or should become invalid,
it shall not affect the validity of the remaining provisions. Zeevenhooven Advocaten and the Client will then engage in a dialogue in order to agree new provisions to replace the void or invalid void provision, taking, as much as possible, the purpose and intent of the original provision into account.

10.3     The legal relation between the Client and Zeevenhooven Advocaten is exclusively governed by Dutch law. All disputes as a result of the execution of the Services shall be handled by the relevant court in Amsterdam.

10.4     These general terms and conditions are drafted in Dutch and English. The Dutch text of these conditions shall prevail in the event of any differences.