GENERAL TERMS AND CONDITIONS
- These general terms and conditions apply to all instructions for services (opdrachten) by a client to:
The Legal Group Amsterdam B.V. (Chamber of Commerce number: 34207074 (“The Legal Group Amsterdam”);
The Legal Group Den Haag B.V. (Chamber of Commerce number: 641717860 (“The Legal Group The Hague”); or
The Legal Group Rotterdam B.V. (Chamber of Commerce number: 77976339 (“The Legal Group Rotterdam”).
The Legal Group Amsterdam, The Legal Group The Hague and The Legal Group Rotterdam are hereinafter individually referred to as: “The Legal Group”.
All agreements for the instruction of services is entered into between a Client and a separate Legal Group entity (The Legal Group Amsterdam or The Legal Group The Hague or The Legal Group Rotterdam).
Any deviation from these general terms and conditions must be agreed upon in writing.
- The agreement to perform services will be concluded upon acceptance by a The Legal Group enitity. Instructions for services shall be accepted and carried out exclusively by The Legal Group, regardless of any other intention. This shall also be the case if it is the explicit or implicit intention of the client that the (legal) services be performed by a particular person or attorney-at-law. Depending on the area of law in question, any assignment may – to the sole discretion of our attorneys-at-law – be executed by a colleague attorney-at-law.
- The legal services of The Legal Group are always rendered under Dutch law. The Legal Group does not provide any legal advice under foreign law nor does The Legal Group provide any tax advice.
- In consultation, The Legal Group may engage third parties, such as bailiffs, translators or civil-law notaries. The Legal Group cannot be held liable for any failure or negligence of such third party. Sections 7:404 (instruction in view of specific person) and 7:407(2) (joint and several liability multiple instructed persons) of the Dutch Civil Code (Burgerlijk Wetboek – the “DCC”) shall not apply.
- Unless otherwise agreed upon in writing, The Legal Group shall invoice its services rendered on the basis of time spent, in accordance with our applicable hourly rates, increased with 21% VAT plus a 6% general office cost surcharge and disbursements (if any). Contrary to the aforementioned, parties can agree on a fixed rate at the start of the agreement, increased with a 6% general office cost surcharge plus 21% VAT and disbursements (if any).
- Our invoices must be paid within fourteen (14) days from the invoice date. Any objections against the amount invoiced do not suspend the client’s payment obligation. Following expiry of the payment term, The Legal Group may claim interest at the statutory rate and extrajudicial collection costs. These costs will amount to at least 15% of the principal sum due.
- Complaints about the services rendered by the Legal Group must be submitted in writing within eight (8) days from the moment the client became aware or could reasonably have been aware of the action or omission that gave rise to the complaint, but no later than within fourteen (14) days after the services were rendered. We will try to solve the complaint in all fairness.
- Should The Legal Group be liable for any damages as a result of an error or negligence in the performance of its services then (with the exception of gross negligence or tort) only the Legal Group entity involved can be held liable for such damages within the scope of this clause.
- Any liability of The Legal Group (with the exception of gross negligence or tort) will be limited to the amount paid out in respect thereof under The Legal Group’s professional indemnity insurance. The Legal Group shall (with the exception of gross negligence or tort) not be liable for any consequential damages.
- If for any reason no payment should occur under the aforementioned insurance, or if that insurance offers no cover, our liability to you will be limited to twice the amount paid by you for our services that contributed to the damage. Persons associated with The Legal Group cannot be held liable. The client indemnifies The Legal Group and all persons associated with The Legal Group against any and all claims by third parties for which The Legal Group’s liability is limited. The indemnity also covers related costs and expenses. At all times, The Legal Group’s total liability is limited to € 10,000 (ten thousand euro).
- As of June 1, 2003, the regulations to prevent money laundering and the financing of terrorism also apply to lawyers. As of that date, there is a legal obligation to identify the client for certain designated services and to report unusual transactions carried out or planned in the context of the services.
- In accordance with the Prevention of Money Laundering and Terrorist Financing Act, our firm conducts a client investigation – both during initial contact with a new client and in the event of a long-term relationship – consisting of the identification and verification of clients. If there is reason to doubt the correctness or authenticity of the identity document, we cannot (any longer) provide services, in which case the service will be terminated immediately. Unusual transactions will be reported in accordance with the provisions of the Wwft to the Financial Intelligence Unit of the Netherlands (FIU-NEDERLAND), formerly known as Meldpunt MOT (www.fiu-nederland.nl).
- Electronic communication, including e-mail, is regarded as written communication. The client agrees to electronic communication and acknowledges that it is unsafe. The Legal Group is not liable if any electronic communication is intercepted, manipulated, delayed, misdirected or infected by a virus. If the client acts in a professional or commercial capacity, the applicability of Sections 6:227b(1) (relating to the provision of information in e-commerce) and 6:227c of the DCC (relating to the manner in which agreements are entered into in e-commerce) are excluded.
- All legal relationships with The Legal Group are governed by Dutch law. Any dispute shall be submitted to the District Court of Amsterdam, The Netherlands in the first instance. If there exist any discrepancies between this unofficial English translation of The Legal Group’s general terms and conditions and the Dutch original version, the Dutch version prevails.