General conditions

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General conditions.

Application

  1. 1.These General Terms and Conditions apply to all assignments, including supplementary or follow-up assignments, awarded by the client to Mariëtte Vis Advocaat/ Lawyer (hereinafter referred to as M.D. Vis). Applicability of the client's general terms and conditions is expressly excluded.


  1. 2.All engagements are accepted and carried out exclusively by Mrs. M.D. Vis (K.v.K. Gooi- Eem- en Flevoland no. 32154079), notwithstanding Articles 7:404 and 7:409(2) of the Dutch Civil Code.


  1. 3.Orders given shall be carried out exclusively for the benefit of the Client. Third parties cannot derive any rights from the content of the work carried out.


  1. 4.These general terms and conditions shall be made available at the client's request or sent digitally with each order.



Client's obligation to identify

  1. 5.M.D. Vis is obliged by virtue of the Identification in Service Provision Act to properly identify its principals. The principal shall provide M.D. Vis with all relevant documents. M.D. Vis reserves the right to suspend the execution of an assignment until such time as the documents required for proper identification have been provided.



Professional liability

  1. 6.Any liability of M.D. Vis shall be limited to the amount paid out under the professional liability insurance taken out, increased by the excess according to the insurance policy. If and insofar as, irrespective of the circumstance, no amount is paid out under the insurance policy, the liability shall be limited to the amount of the total invoiced and paid fee with a maximum of Euro 12,500.


  1. 7.Without prejudice to the provisions of Article 6:89 of the Dutch Civil Code, the right to compensation lapses in any case twelve months after the event from which the damage results directly or indirectly and for which M.D. Vis is liable.



Engagement of third parties

  1. 8.When engaging the services of third parties M.D. Vis shall, except when it concerns legal representatives or bailiffs, consult with the client in advance as much as possible and in any case exercise due care in the selection of third parties.


  1. 9.M.D. Vis shall not be liable for shortcomings of third parties.


  1. 10.M.D. Vis shall be authorized by the client to accept on behalf of the client any general terms and conditions and limitations of liability of third parties included therein.



Fees and disbursements

  1. 11.Unless otherwise agreed, the fee will be calculated on the basis of the number of hours worked multiplied by the agreed hourly rate. The hourly rate shall be re-established from time to time by M.D. Vis. The fee shall be rounded up and calculated per unit of time of 6 minutes. The minimum time unit is 6 minutes.


  1. 12.Expenses or costs paid by M.D. Vis shall be charged separately. Disbursements shall be the expenses incurred by Mrs. M.D. Vis on behalf of the client such as (but not limited to) court registry fees, bailiff fees, travel and accommodation expenses, courier costs and the salary of legal representatives. All amounts are exclusive of 21% VAT, unless stated otherwise.



Declaration and payment

  1. 13.Unless otherwise agreed or ensuing from the nature of the case, the work with a specification will be charged to the client on a monthly basis. Payment must be made separately without any discount and exclusively in the manner indicated by the contractor within the stipulated term of payment of 8 days from the invoice date as stated in the invoice.


  1. 14.M.D. Vis shall be entitled to charge the client an advance payment on the invoice upon commencement of the activities which must be paid immediately. After receipt of the advance payment by the principal, M.D. Vis shall first be able to start the activities.


  1. 15.Any advance payment received shall be set off against the final invoice within the framework of the order.


  1. 16.If payment of the invoice has not been received within the applicable term of payment, the client shall be deemed to be in default by operation of law without further notice of default. From the date on which the client is in default (due date of the invoice) M.D. Vis shall be entitled to charge the statutory interest to private individuals and to charge commercial interest to legal entities or a natural person acting in the course of a business or profession, to be calculated from the due date of the invoice until the date of full payment.


  1. 17.If payment is not made and if the principal is a private individual, he will be given a reminder to pay the invoice without incurring any additional costs. In the event that payment is again not forthcoming, collection measures shall be taken against the principal and M.D. Vis shall without further notice of default lay claim to all judicial and extrajudicial (collection) costs reasonably incurred which shall be for the account of the principal. The extrajudicial costs shall be calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs (Bulletin of Acts and Decrees 2012,141), as referred to in Article 6:96 paragraph 4 of the Dutch Civil Code (if the client is a private individual). These costs will be increased by the VAT owed on them, depending on whether Mrs. M.D. Vis can set off the VAT. If the principal is a legal entity or a natural person acting in the course of a business or profession, the extrajudicial costs shall amount to 15% of the principal sum due.


  1. 18.With due observance of Rule of Conduct 14, in the event of default of payment as referred to under 16. and 17. above, M.D. Vis shall be entitled to discontinue or suspend the activities on behalf of the principal with immediate effect, also with regard to other assignments which are being carried out by M.D. Vis for the principal at that time, without M.D. Vis being or becoming liable to pay damages to the principal in any way whatsoever as a result.



Archiving of file

  1. 19.The (financial) records, file administration and archive kept in paper and electronic form are the exclusive property of M.D. Vis and serve as exclusive evidence vis-à-vis the principal. Inspection of any document is only possible with the explicit written permission of M.D. Vis.


  1. 20.After the termination of the assignment the documents relating to the file (for example correspondence, e-mails, procedural documents etc.) shall only be kept in electronic form for the statutory retention period (5 to 7 years), unless other written agreements have been made with the principal about the archiving. The original procedural documents, such as judgments, orders or writs of summons, will be provided to the principal upon request when archiving. Personal identification data will be destroyed.



Disputes

  1. 21. The legal relationship between the principal and M.D. Vis is subject to Dutch law. Disputes shall be settled by the competent court. Mrs. M.D. Vis and the client shall nevertheless first make every effort to reach an amicable solution to the dispute. The office complaints procedure in accordance with the model of the Bar Association shall apply. This will be issued to the client at the time of the order confirmation.