General conditions

  1. Delissen Martens Advocaten en Belastingadviseurs B.V. (hereinafter: the Company) is a private company with limited liability incorporated under the laws of the Netherlands, and its official seat in The Hague (Den Haag) and registered with the Chamber of Commerce under number 27318862.
  2. These general terms and conditions apply to any assignment from a client (hereinafter: Client) to the Company and to the related services provided by the Company. These general terms and conditions may only be deviated from in writing.
  3. All assignments are accepted and carried out exclusively by the Company. A Client may not derive any claims in this respect from articles 7:404 (assignment with a view to person) and 7:407 paragraph 2 (joint and several liability of several contractors) of the Dutch Civil Code. Follow-up assignments are considered part of the original assignment. Third parties cannot derive any rights from the Company's provision of services to a Client.
  4. The Company is entitled to engage third parties in the execution of an assignment. The Company shall not be liable for any mistakes of such third parties. The Company may accept any limitations of liability of such third parties (also) on behalf of the Client.
  5. Those who work or have worked for the Company may invoke their right to privilege and duty of confidentiality regardless of the Client's position in this regard.
  6. If the performance of services gives rise to any liability, only the Company can be held liable. Any liability of the Company in connection with an assignment, unless caused by intent or gross negligence on the part of the Company, shall be limited to the amount that will be paid by the Company's professional liability insurer in the matter, plus the amount of the Company's so-called deductible under the applicable policy conditions. If, for any reason, no payment is made under the Company's professional liability insurance or such insurance does not provide cover, any liability of the Company shall be limited to an amount of € 50,000.
  7. Persons associated with the Company cannot be held liable. The term "persons affiliated to the Company" includes all former, current and future (a) lawyers working at the Company, (b) direct or indirect shareholders of the Company ("partners"), (c) group, holding, operating, pension or other affiliated entities of the Company or its partners, (d) each of the Company’s Stichtingen Beheer Derdengelden, and (e) all (other) employees, advisers, (statutory) directors, trainees, temporary workers and freelancers. Persons associated with the Company (as well as their legal successors/heirs) may also rely on these general terms and conditions.
  8. A claim against a (legal) person named in these terms and conditions shall in any event lapse if the Company has not been notified in writing of the claim by the Cliënt within one year after the Client discovered or could reasonably have discovered the event or circumstance that gives or may give rise to liability.
  9. The Client shall indemnify the Company against any liability to third parties to the extent arising from or otherwise related to the engagement, unless the liability is caused by intent or gross negligence on the part of the Company.
  10. Fees due to the Company shall be calculated on the basis of the time spent by the Company on the assignment multiplied by the applicable hourly rates, plus 6% to cover general office costs. The Company may adjust the applicable hourly rates from time to time. Disbursements incurred by the Company on behalf of the Client shall be charged separately. To the extent applicable, all amounts will be increased by VAT. Payment must be made within the term specified in the invoice, failing which the Company may dissolve the assignment without further notice, without prejudice to its other rights.
  11. If payment of the invoice is not made within the (initial) term and the subsequent term of 14 days mentioned in the reminder (the so-called fourteen-day letter or final reminder), the Company is entitled, pursuant to the Extrajudicial Collection Costs Decree, to increase the full invoice amount by collection costs. This increase amounts to a minimum of € 40 and a maximum of € 6,775.
  12. The Company has entered into an agreement with Stichting Derdengelden Delissen Martens Advocaten for the purpose of managing third-party funds in connection with a case handled by the Company. Any negative interest charged by the bank to Stichting Derdengelden Delissen Martens Advocaten or to the Company in connection with the management of third-party funds in a specific case may be passed on by the Company to the relevant Client.
  13. The legal relationship between the Client and the Company shall be governed by Dutch law. Disputes shall be settled exclusively by the Court of The Hague.
  14. If the interpretation of the Dutch and English versions of these general terms and conditions differ, the Dutch version is binding.