These General Terms and Conditions are used by Makker advocatuur, with its registered office in Amsterdam, the Netherlands, and can also be found on www.makker-advocatuur.nl
NOTE: These general conditions are available both in Dutch and in English. In the event of a difference in interpretation between the Dutch and English versions, the Dutch text will prevail.
Article 1. Definitions
In these conditions the terms below have the following meanings:
- Makker advocatuur: the trade name of the sole proprietorship Makker advocatuur located in Amsterdam, from which company Mrs. F.A.A.M. Stambolov Makker is the sole proprietor.
- Client: any legal entity or natural person giving an assignment to Makker advocatuur.
Article 2. Applicability
1. These conditions apply to all assignments given to (one of the partners / attorneys of) Makker advocatuur.
2. The applicability of any general (purchase) conditions of the Client is explicitly excluded.
3. In the event that any provision of these general conditions is null and void or is voided, the other provisions of these general conditions will remain fully in effect.
4. Deviations from or additions to these general conditions may be agreed only in writing.
Article 3. Assignments
1. Makker advocatuur accepts only best efforts obligations and no obligations of result.
2. The Client guarantees that it will provide Makker advocatuur, on request or otherwise, with all data and documents of which he knows or can reasonably assume that they are or may be relevant for the performance of the assignment. The extra costs and extra fee resulting from the delay in the execution of the assignment caused by the fact that the required data and documents were not, not in a timely manner or not properly made available by the Client, shall be for the Client’s account. The Client guarantees the accuracy and authenticity of the data and documents provided by him.
If and insofar as the Client requests, the documents provided will be returned to the Client.
3. The Client accepts that the assignments accepted and performed by Makker advocatuur are subject to the applicable legislation and regulations, such as the Rules of Conduct (‘Gedragsregels’) and the Money Laundering and Terrorist Financing (Prevention) Act (Wet ter voorkoming van witwassen en financiering van terrorisme).
4 The delivery terms provided by Makker advocatuur are not strict deadlines. Failure to meet the deadline does not create an entitlement to compensation of damages.
Article 4. Rates and payment
1. Unless expressly agreed otherwise in writing, the fee due to Makker advocatuur will be determined by multiplying the number of hours spent in the performance of an assignment by the applicable hourly rate. The hourly rates will be reviewed at regular intervals, usually each calendar year. If work should be completed as a matter of urgency or during the weekend, the fee may be increased. Where appropriate this will be agreed in writing. In case of an increase of the hourly rates, the Client is entitled to notice the assignment in writing with immediate effect or to suspend the legal services.
2. Unless expressly stated otherwise, the rates specified in offers and assignment confirmations are in euros, excluding four per cent (4%) office expenses, VAT, travel and accommodation expenses, administrative charges, court fees and fees charged by any third parties engaged by Makker advocatuur, such as bailiffs and foreign lawyers.
3. Makker advocatuur will in principle charge any payments due by the Client monthly in arrears. Invoices can be send by regular mail or by email. Makker advocatuur is at all times entitled to charge advance payments and/or require security for the payment of its claims, and to suspend the performance of its obligations until the Client has paid the advances charged or provided the requested security. If the Client remains in default of such advance payment or provision of security, Makker advocatuur will be entitled to terminate the contract. The Client shall compensate Makker advocatuur for all losses arising for it from such suspension and/or termination.
4. Unless agreed otherwise in writing payments must be made within fourteen days of the invoice date, failing which the Client will be in default by operation of law. In such a case Makker advocatuur will be entitled to charge statutory interest. The Client is not permitted to claim suspension or settlement against outstanding claims of Makker advocatuur for any reason.
5. The claim for payment of all amounts due to Makker advocatuur will be immediately due and payable if and as soon as The Client is in default towards Makker advocatuur. Notwithstanding immediate written objections by the Client Makker advocatuur is entitled to set off funds received for or from the Client against or for payment of that which the Client owes Makker advocatuur.
6, If the Client remains in default, despite a reminder with the notice of indebtedness for extra-judicial collection costs, the collection of the payment will be transferred for collection to a debt collection agency. If collection of the payment must be assigned to a debt collection agency, all collection costs, both in and out of court, shall be for the Clients account.
Article 5. Complaints
1. Complaints relating to invoices must be submitted to Makker advocatuur in writing, together with the reasons, within fourteen days of the invoice date, failing which the relevant rights of the Client will lapse.
2. All other rights alleged by the Client owing to failure by Makker advocatuur to comply with its obligations must be submitted to Makker advocatuur in writing within two (2) months after the Client has discovered the failure or reasonably could have discovered it, failing which the relevant rights of the Client will lapse.
3. All complaints will be dealt with on basis of the complaints regulation of Makker advocatuur on the website: www.makker-advocatuur.nl
Article 6. Liability
1. Makker advocatuur has taken out liability insurance in conformity with the amounts and terms customary in the sector. A copy of the policy will be made available upon request.
2. Any liability of Makker advocatuur towards the Client will be limited to the amount paid by Makker advocatuur ‘s liability insurer in the matter concerned, plus the amount of the excess (‘eigen risico’).
3. If for some reason Makker advocatuur’s liability insurance does not provide cover in a specific matter, or if the loss concerned is not covered by any insurance, Makker advocatuur’s liability will be limited to an amount not exceeding the amount invoiced by Makker advocatuur. Makker advocatuur will never be liable for consequential damage, loss of profits or indirect loss.
4. Makker advocatuur will not be liable for loss resulting from the use of electronic and other communication media, including loss resulting from non-delivery or delayed delivery of electronic messages or interception or manipulation of electronic messages by third parties or by software or hardware used for the electronic communication and transmission of viruses and other malicious software.
5. Makker advocatuur cannot guarantee the confidentiality of electronic and other communication media.
6. Without prejudice to the other exonerations stipulated in these general conditions, Makker advocatuur will not be liable for any loss:
- which has not been reported in writing within two months after the Client discovered the occurrence of the loss or reasonably could have discovered it;
- caused by third parties engaged in the performance of an assignment, When engaging any third parties that are not part of the organization Makker advocatuur will exercise due care and will, when selecting said third parties and (except in case of bailiff services) within reason, consult with the Client on the selection of such third parties.
- which is a consequence of the provision of incorrect or incomplete information to Makker advocatuur, unless Makker advocatuur could have been aware of the incorrectness or incompleteness and has failed to inform the Client accordingly;
- which is a consequence of damage to or loss of information during transmission;
7. The Client indemnifies Makker advocatuur against third-party claims due to loss occurring during the performance of an assignment for the Client, for which loss Makker advocatuur is not liable pursuant to the provisions of this Article.
8. Any claim for compensation against Makker advocatuur will lapse merely through the passage of six (6) months from the time the Client discovered the damage or reasonably could have discovered it.
Article 7. Legal obligations
1. For the purpose of applying the Dutch Law, it is necessary to establish the Client’s identity.
2. Makker advocatuur ensures that suitable technical and organizational measures are taken to protect personal data against unauthorized or unlawful processing within the sense of the Personal Data Protection Act in the Netherlands.
3. The file created in connection to the assignment will be retained for 5 years after the assignment has been concluded, after which Makker advocatuur will be entitled to destroy the file.
4. Makker advocatuur has no thirds party’s account (‘derdengeldrekening’) at its disposal of which notification is made to the President of the Amsterdam bar (‘deken van de Amsterdamse Orde van Advocaten’)
Article 8. Applicable law and competent court
1. All contracts to which these general conditions apply, as well as any disputes arising from these contracts, will be governed by Dutch law.
2. Any disputes will be submitted to the competent court in the district of Amsterdam, unless mandatory rules dictate otherwise.
Version February 2017