General Terms and Conditions
General Terms and Conditions
- These standard terms and conditions apply to all instructions by a client to G.J. van Oosten B.V. acting under the name of Van Oosten Schulz De Korte Attorneys at Law, hereinafter: ‘VOSDK’), and to all activities performed by VOSDK for the client that result from and/or are connected with such instructions.
- The provisions of these standard terms and conditions also apply for the benefit of all natural and legal persons who work or have worked for VOSDK and also for the benefit of all natural and legal persons for whose acts or omissions VOSDK may be liable. Not only VOSDK but also all natural and legal persons involved in performing any instructions of the client may invoke these standard terms and conditions.
- All instructions are accepted and performed exclusively by VOSDK, even if it is expressly or tacitly intended that the instructions be performed by a particular person. The applicability of Article 7:404 of the Dutch Civil Code (below: ‘DCC’), which contains a provision on this subject, and Article 7:407(2) DCC, which creates joint and several liability in cases in which instructions are given to two or more persons, is expressly excluded. If liability is alleged in relation to the performance of an instruction, the client undertakes to proceed only against VOSDK.
- If an event resulting in liability occurs either in the performance of a client’s instruction or otherwise, such liability will be limited to the amount or amounts paid out under the professional indemnity insurance and/or business liability insurance taken out by VOSDK, including the excess borne by VOSDK under the policy. An event as referred to in the previous sentence includes an omission.
- If liability has been irrevocably established in law, but the insurer nonetheless does not make payment under the policy referred to in clause 4 above for any reason whatever, every liability is limited to the amount charged by VOSDK in the relevant case in the calendar year of the act resulting in liability (including VAT), up to a maximum of €150,000,-.
- When involving third parties in the performance of instructions, VOSDK shall, as far as possible, consult beforehand with the client and in any event exercise due care in selecting such third parties. VOSDK is not liable for failures or breaches by third parties used by it. VOSDK is authorised by the client to accept on the client’s behalf terms and conditions of third parties, including any limitations of liability. Every liability of VOSDK for a failure or breach of a third party is limited to the amount which the client would have received if the client had claimed directly against the third party concerned or in any event limited in accordance with the provisions of clauses 4 and 5 above.
- Unless agreed otherwise, the fee will be calculated by reference to the number of hours worked, multiplied by the hourly charging rates set annually by VOSDK. Expenses paid by VOSDK on behalf of the client will be invoiced separately. A percentage of the fee will be additionally charged to cover general office expenditure (such as postage, telephone, fax and photocopying costs). All amounts are exclusive of VAT.
- Work is, in principle, invoiced to the client monthly, the period for payment of invoices being 14 days from the date of the invoice. Payment should be made in the manner specified on the invoice. If payment is not made within 30 days, the client is deemed by operation of law to be in default and interest at the current statutory rate is payable. The costs of collection measures are borne by the client in accordance with the rate set by the Netherlands Bar Association (Nederlandse Orde van Advocaten). Before starting or continuing to provide its service, VOSDK is always entitled to require the client to make one or more advance payments on account. If payment is not made in time, VOSDK is entitled, after giving prior notice, to refuse to start working for the client or, as the case may be, to suspend or discontinue its work.
- VOSDK is entitled to use the information supplied to it by the client and other data and information coming to its attention in the course of performing its instructions only for the purpose for which such information has been supplied or obtained. By way of exception, VOSDK and/or natural or legal persons who work or have worked for VOSDK may use this information in disciplinary, criminal, civil or administrative proceedings conducted against them where the information can be of importance to their defence or may prevent such proceedings.
- VOSDK has a complaints handling procedure in place. In brief, we will first try to resolve the issue in a meeting between the client and lawyer in question, which may take place under the supervision of the complaints officer (the complaints officer is never the lawyer who dealt with your case), in the course of which the goal is to clear the air and continue the relationship. If this does not lead to a solution, the complaint will be processed by the complaints officer, who will respond to the client in writing within four weeks of the complaint being submitted, in the process of which he may ask the client to consider submitting the complaint to the dean of the Amsterdam Bar Association. If you feel the solution offered does not lead to a satisfactory result, you can also submit your complaint to the Disputes Committee for the Legal Profession. You can contact the lawyer dealing with your case or the complaints officer for more information about this complaints procedure. Complaints can be submitted verbally and in writing (firstname.lastname@example.org).
- The law of the Netherlands applies to the legal relationship between VOSDK and its client. Only the courts of the Netherlands will have jurisdiction over any dispute that may arise between VOSDK and a client, without prejudice to the jurisdiction of the relevant organ of the Netherlands Bar Association (Nederlandse Orde van Advocaten). Our legal service is subject to a complaints procedure, the contents of which can be consulted on the website of VOSDK (www.VOSDK.nl).
- These standard terms and conditions have been drawn up in Dutch and English and may also be consulted on the website of VOSDK (www.VOSDK.nl). The text of the Dutch version prevails over the English version.