GENERAL TERMS AND CONDITIONS VASTMANS ADVOCATUUR
- Vastmans Advocacy ("Vastmans Advocatuur") is a sole proprietorship under Dutch law and the trade name of Ramon Vastmans, attorney (advocaat). Vastmans Advocatuur is located in Nieuwpoort, The Netherlands and registered with the Dutch Chamber of Commerce under number 91631165.
- The agreement between Vastmans Advocatuur and the client is a contract for services under Dutch law. The services are exclusively provided under the applicability of these general terms and conditions. Vastmans Advocatuur will be deemed to advise solely under Dutch law unless parties have explicitly agreed otherwise in writing. Vastmans Advocatuur commits to a duty of effort, not a duty of results. Assignments given to individuals possibly working at Vastmans Advocatuur are considered as assigned exclusively to Vastmans Advocatuur, even if it is intended that an assignment will be carried out by a specific individual. The applicability of Article 7:404, Article 7:407 paragraph 2, and Article 7:409 of the Dutch Civil Code is excluded.
- In case the acting attorney is temporarily or permanently prevented from personally carrying out the assignment due to force majeure, the case will initially be handled by a substitute attorney. The client will be informed about this substitution and asked for consent. In the absence of any contrary communication, the client is deemed to consent to the substitution. Refer to article 20 of these general terms and conditions for provisions regarding substitution.
- These general terms and conditions apply to every assignment, including any follow-up or additional assignments given to Vastmans Advocatuur or, if applicable, to individuals working at Vastmans Advocatuur. "Individuals working at Vastmans Advocatuur" means every current or former direct or indirect subordinate, current or former employee, current or former advisors of Vastmans Advocatuur, and other auxiliary persons engaged by Vastmans Advocatuur.
- By providing an assignment to Vastmans Advocatuur, the client waives the right to hold individuals working at Vastmans Advocatuur liable for any reason.
- Vastmans Advocatuur has professional liability insurance covering damages up to EUR 1,000,000 per claim. If the insured interest of the client exceeds the insured amount, Vastmans Advocatuur will make efforts, upon written request, to obtain higher coverage at the expense of the client.
- If the execution of an assignment by Vastmans Advocatuur leads to liability, such liability will be limited to the amount paid out by the professional liability insurance of Vastmans Advocatuur in the relevant case, plus the amount of the deductible that is for the account of Vastmans Advocatuur under the applicable insurance agreement.
- Without prejudice to the provisions of Article 6:89 of the Dutch Civil Code, any claim against Vastmans Advocatuur and/or its affiliated employees and auxiliary persons will in any case expire if not brought before the competent court within twelve months after the event causing the damage has been discovered or should reasonably have been discovered. Vastmans Advocatuur can be considered to interrupt the limitation periods only if explicitly agreed in writing between Vastmans Advocatuur and the client in the agreement for services.
- Unless explicitly agreed otherwise in writing, Vastmans Advocatuur charges the client a fee for its services calculated by multiplying the number of hours spent by the involved lawyer on the case with the applicable hourly rates for the lawyer multiplied by VAT and/or disbursements and other costs.
- Vastmans Advocatuur is entitled to adjust its hourly rates periodically. Vastmans Advocatuur endeavors to ensure that, taking into account the circumstances, a reasonable fee is charged. All external costs incurred by Vastmans Advocatuur in the execution of an assignment (such as court fees, travel, bailiffs, couriers, delivery, interpreter, and translation costs) that fall outside office costs will be charged as disbursements. Vastmans Advocatuur is also entitled to request payment of an advance. A paid advance will be settled with the final invoice.
- In principle, invoices are issued monthly. If applicable, VAT will be charged. Invoices must be paid within 14 days of the date of issue. If the client does not pay the invoices within this period, Vastmans Advocatuur is entitled to immediately suspend its activities without being obliged to compensate any damage resulting from this. If the client, acting in the course of a profession or business, does not pay the invoices on time, statutory commercial interest is due from the due date, and Vastmans Advocatuur is entitled to charge extrajudicial collection costs estimated at 15% of the principal amount.
- If any objections to the invoice are not reported to Vastmans Advocatuur within 14 days, the client is deemed to have accepted the invoice, as well as the underlying work and registration.
- Vastmans Advocatuur is entitled to retain documents exclusively in the form of a digital copy or scan and destroy scanned documents. Vastmans Advocatuur is entitled to destroy the file five years after the closure of a case without further notice. If the client wishes to retain an original document given to Vastmans Advocatuur, this must be indicated in writing at the time of delivery. The relevant document must be requested from Vastmans Advocatuur immediately, but no later than three months after the closure of the file.
- When engaging third parties, Vastmans Advocatuur will consult with the client as much as possible in advance. Vastmans Advocatuur is authorized by the client to accept limitations of liability and other general terms and conditions of third parties on behalf of the client. Vastmans Advocatuur is not liable for errors or deficiencies of third parties in the performance of their activities.
- The client indemnifies Vastmans Advocatuur against all claims from third parties, including the costs of legal assistance, in any way related to the activities performed for the client, unless these claims result from intent or gross negligence of Vastmans Advocatuur.
- Vastmans Advocatuur will treat confidential information received from the client in the context of the execution of the assignment confidentially, taking into account the applicable laws and regulations. Vastmans Advocatuur has the client's permission to communicate electronically with the client, except to the extent that parties have made a different agreement beforehand.
- Every provision in these general terms and conditions can be invoked by all individuals working at Vastmans Advocatuur, in whatever capacity, as well as by their legal successors. Everything stipulated for the benefit of Vastmans Advocatuur in these general terms and conditions will apply to their advantage as an irrevocably agreed provision within the meaning of Article 6:253 of the Dutch Civil Code.
- Furthermore, the Complaints Scheme of Vastmans Advocatuur applies to all assignments concluded between Vastmans Advocatuur as the contractor and third parties. This Complaints Scheme will be sent free of charge upon request and can be consulted at www.vastmansadvocatuur.nl. If internal complaint handling does not lead to a resolution, all disputes related to the services of Vastmans Advocatuur, including fee disputes, will be settled in accordance with the Disputes Committee for Legal Services, without prejudice to the right of Vastmans Advocatuur to address the court if the client has not submitted any fee dispute to the Disputes Committee within fourteen days of being urged to pay. If the client is a private individual, the Disputes Committee will decide by way of binding advice unless the private individual contacts the court within one month after the lawyer has completed the complaint procedure. If the private individual does not deposit the outstanding amount with the Disputes Committee in accordance with the provisions of the aforementioned Regulations, arbitration will apply. Disputes with business clients will be settled by arbitration. The Regulations of the Disputes Committee for Legal Services will be sent upon request.
- Due to applicable laws and regulations (including the Anti-Money Laundering and Counter-Terrorist Financing Act), Vastmans Advocatuur is obliged to establish the identity of clients and, under certain circumstances, report unusual transactions to the authorities. All personal data is processed in accordance with the General Data Protection Regulation ("GDPR").
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Vastmans Advocatuur has appointed a substitute attorney in the person of Mr. K.S. Guldemond, attorney in Amsterdam. The substitute attorney will take care of file and case management in the event of absence or incapacity of the attorney-owner(s) associated with Vastmans Advocatuur. If applicable, arrangements will be organized by the substitute attorney in consultation with the other staff members involved with Vastmans Advocatuur. The client will then be informed about the measures to be taken as a result of the substitution.
- Dutch law exclusively applies to the legal relationship between the client and Vastmans Advocatuur. The competent court in Rotterdam has exclusive jurisdiction to hear any disputes arising from the legal relationship between the client and Vastmans Advocatuur, without prejudice to the provisions in Article 18. In case of a dispute about the content and scope of these general terms and conditions in any translation, the Dutch text of these general terms and conditions is binding.