The stipulations of these general terms and conditions apply to all instructions including every follow-up instructions or changed or supplementary instructions that are granted to Dommerholt Advocaten or the (legal) entities who work there as well as to all legal relationships as a result thereof or in relation to this.
These general terms and conditions are also being stipulated for the benefit of every third party who is called upon for the execution of any instruction or who is or can be held liable in relation to the relevant instructions who may or may not be employed by the firm.
Instructions shall only be executed by Dommerholt Advocaten N.V. even when it is expressly or tacitly the intention that the instructions shall be executed by a specific person. Contrary to the provisions in Articles 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code, the (legal) persons who execute the instructions are not personally bound or liable.
Dommerholt Advocaten shall safeguard as best as is possible the confidentiality of the client relation when executing the instructions. However, (i) the client grants permission to have information known within the organisation of Dommerholt Advocaten passed on to those within Dommerholt Advocaten for whom this is useful with regard to the processing of the instructions and/or relation management whether this be directly connected to the instructions or not and (ii) the client grants permission to e-mail being used with regard to communication.
The instructions given by the client to Dommerholt Advocaten also imply the authorization to enter into agreements with third parties on behalf of the client such as with bailiffs, local counsel, couriers, etc. Dommerholt Advocaten shall not be further liable for shortcomings of these third parties than to the extent Dommerholt Advocaten can hold the involved third party liable.
Unless otherwise agreed in writing, the fees shall be determined on the basis of the worked hours multiplied by the applicable rates as determined by Dommerholt Advocaten yearly on the basis of experience and expertise of the person who executes the instructions and inflation indices. To cover general administrative costs, 6% shall be charged based on the fees in administrative costs. Any expenses paid for the client shall be charged separately or shall be specified separately on invoices.
The fees shall, in principle, be charged on a monthly basis. The payment term is 14 days to be calculated as from the date of invoice. Should payment be late, the client shall be deemed in default without further notice of default being required and shall owe an interest of 1% per month based on the unpaid amount.
Dommerholt Advocaten can always charge a retainer for performed work or work to be performed and/or expenses to be incurred. Work can be suspended when the retainer or any other invoice due and payable is not paid.
Dommerholt Advocaten has insured its professional liability in a way that more than amply meets the criteria that de Netherlands Bar Association sets for this. The liability of Dommerholt Advocaten is limited to the amount that is paid in the specific case by virtue of the professional liability insurance increased by the excess payable under this insurance. If and insofar there is no coverage under the aforementioned insurance, any liability shall be limited to an amount that equals twice the invoiced fees for the instructions from which the liability arises whereby a maximum of € 50,000,-- (fifty thousand Euros) shall apply.
Any claim for compensation demanded from Dommerholt Advocaten lapses if it has not been brought to the competent court within a year after the damage has been discovered or should have been reasonably discovered, except when it concerns a consumer.
The legal relationship between Dommerholt Advocaten and its client shall be governed by Dutch law. Any disputes that may arise between the client and Dommerholt Advocaten shall be brought to the competent court in Zwolle, unless one of the parties should decide to follow the legal proceedings at the Dutch Disputes Committee for the Legal Profession (we refer to www.geschillencommissie.nl).
