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General Terms & Conditions of Willems Advocaten Amsterdam N.V. established in Amsterdam, filed at the Office of the District Court in Amsterdam under nº 31/2006 on February 17, 2006
1. Willems Advocaten Amsterdam N.V. (“Willems Advocaten”) is a public limited company, founded in accordance with Dutch law, with the aim to practice the legal profession. Upon request a list will be sent of the persons who (directly or indirectly) hold shares in Willems Advocaten (“Partners”). All assignments are only accepted and carried out by Willems Advocaten under the explicit applicability of these terms and conditions. Stipulations deviating from these terms and conditions may only be made in writing. The stipulations in these general conditions have not only been made for Willems Advocaten, but also for all partners and other persons respectively who work for Willems Advocaten, or all persons who have been called in by Willems Advocaten for the implementation of an assignment, or all persons for whose actions or negligence Willems Advocaten could be held liable. The assignments are only accepted and carried out by Willems Advocaten, also if it is the explicit or implicit intention that an assignment is carried out by a certain person. The effect of the articles 7:404 of the Civil Code and 7:407, paragraph 2, of the Civil Code is hereby explicitly excluded. Our lawyers carry out their work in accordance with the Rules of Conduct laid down or yet to be laid down by the Netherlands Bar Association, upon which rules we shall also be entitled to rely.
2. In principle, Willems Advocaten does not provide any estimates or valuations to indicate the amount of time likely to be spent on a specific case, nor of the likely fee amount or costs of third parties with regard to a specific case, other than solely to provide clients with an indication without obligation that they need in order to consider the interests involved as the occasion arises.
3.1 Unless agreed on otherwise, and notwithstanding that which is set out in Article 3.3, a fee is charged on the basis of the number of hours spent on a case or on a file, multiplied by an hourly rate. The rates of the lawyers vary according to their experience and specialist knowledge. A list of the fees currently used by Willems Advocaten is available on request. Rates may be adjusted from time to time as a result of inflation or comparable exceptional circumstances.
3.2 The current hourly rates may be adjusted to the particular circumstances of the case, including the financial interest, the specialist knowledge to be applied and the need for expedition.
3.3 The invoice is made up of the fee, plus 6% office costs (for telephone, fax, paper, photocopying and postal charges), taxed disbursements (including bailiff’s expenses), turnover tax on fees, office costs and untaxed disbursements (including court registry fees).
4. Monies of third parties intended for the client are deposited in the account of Stichting Beheer Derdengelden (Third Party Funds Management Foundation) Willems Advocaten. Due to the fact that the deposited monies are immediately payable on demand, no interest will be paid on monies accruing to the client during the time these are held by the foundation. Unless expressly agreed on otherwise, or if the nature of the deposit explicitly opposes it, any outstanding invoices of Willems Advocaten can and may at all times be deducted from any credit balance of the client with said foundation, by a single notice to the client.
5.1 Payment of invoices must take place within 14 days of being sent out. Payment of invoices assumes acceptance of the corresponding work carried out.
5.2 At any stage of a case Willems Advocaten is at liberty to charge the client an advance payment or to ask for security for the payment of invoices still to be billed, either to cover fees or costs. Court registry fees will be advanced by Willems Advocaten to the courts on behalf of the client and these fees are immediately due and payable.
5.3 Unless the contrary is proved, the time sheet serves as proof of the time spent on the case.
5.4 Willems Advocaten is entitled to charge interest of 1% per month or per part of a month, from the date on which the client is in default of payment. Willems Advocaten is also entitled to charge the client extrajudicial costs and time resulting from non-payment or overdue payment on top of the amount of the invoice. The extrajudicial costs are billed in accordance with the rate charged by the Netherlands Bar Association.
5.5 In case of non-payment of the invoices (including advance bills) Willems Advocaten is entitled to suspend our services until such time as actual payment has been made in full.
6. Where third parties not belonging to Willems Advocaten are called in to carry out assignments (except in case of assistance from the prosecutor or bailiff), clients will be consulted in advance if possible and in reason. Any liability as a result of shortcomings on the part of these third parties is excluded. Willems Advocaten is authorised by the client to accept any liability restrictions from third parties on behalf of the client. To communicate with clients, Willems Advocaten reserves the right to use communication methods such as the Internet, e-mail and mobile phones; Willems Advocaten cannot be held responsible for any breaches of these methods by third parties.
7. Any liability is limited to the amount that is paid out under the terms of the business liability insurance cover of Willems Advocaten in the case in question, as is required by the Netherlands Bar Association, increased with the excess applicable under that insurance policy. This restriction does not apply in the event of an intentional act or omission or conscious recklessness by one of our lawyers. The terms and conditions of the policy may be inspected on request. In case and in so far as for any reason whatsoever payment should not take place under said insurance policy, any liability is limited to an amount of € 22,689.00, or, in case the amount of the billed fee is higher, up to an amount equalling the fee, to a maximum of € 113,445,05.=. This limitation of liability is partly prompted by the rates charged by Willems Advocaten; if the client desires different - higher – maximum amounts, a separate, specific agreement has to be reached in writing beforehand.
8. Willems Advocaten participates in the Complaints and Disputes Procedure of the Netherlands Bar Association. The applicability of the Complaints and Disputes Procedure of the Netherlands Bar Association shall become effective by signing the confirmation of the assignment. The internal office complaints regulations, which describe the internal complaints procedure, are available for inspection at the office and will be sent upon first request. If Willems Advocaten does not manage to find an internal solution to possible complaints by clients about the service, clients can submit their complaints to the Disputes Committee of the Netherlands Bar Association in agreement with the Regulations of the Disputes Committee of the Netherlands Bar Association, which regulations are also available for inspection at the office and can be sent upon first request. All assignments shall be governed by Dutch law. Unless the Complaints and disputes Procedure of the Netherlands Bar Association applies, disputes shall be settled by the court in Amsterdam.
9. The personal data of clients will be entered into a data file. These data will be used exclusively for the execution of the agreements entered into with clients. The Data Protection Board in The Hague has been notified of the processing of these data. On first demand the data registered by Willems Advocaten will be provided, corrected or removed. The personal data will not be given to third parties. In case of a dispute client can address him/herself to the Data Protection Board in The Hague.
10. These general conditions are available in the Dutch language and in various other languages. The Dutch text shall be binding in the event of any difference in content or meaning.
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