Enterprise
Article 1:
WK Advocaten is a combination of offices formed by the partnership WK Advocaten (Chamber of Commerce number: 97761389) and the sole proprietorship of Mr. J. Kluivers (Chamber of Commerce number: 56742274), hereinafter jointly referred to as ‘WK Advocaten’. The provisions in these general terms and conditions are also stipulated for the benefit of and apply to all other (legal) persons and third parties who are directly or indirectly involved and engaged in any way in the services provided by WK Advocaten, such as (but not limited to) employees, partners and associates. This clause is an irrevocable third-party clause within the meaning of Section 6:253 of the Dutch Civil Code.
Applicability
Article 2:
a. These general terms and conditions apply to all agreements for services between a client and WK Advocaten (including additional and follow-up assignments) as well as to the phase prior to the conclusion of a contract for services, unless otherwise agreed in writing prior to the establishment of the contract.
b. The contractor may be the partnership WK Advocaten or the sole proprietorship of Mr. J. Kluivers. In this case, the party with whom the agreement has been established shall be exclusively liable for any professional errors.
c. The attorneys at WK Advocaten provide legal assistance only. The client must at all times determine for themselves and at their own expense whether it is necessary to seek financial and/or tax advice and/or assistance from third parties. WK Advocaten does not have expertise on these matters area and does not advise on it.
Establishment services agreement
Article 3:
a. An agreement for services shall only be established after the assignment has been accepted in writing by the partnership WK Advocaten or the sole proprietorship of Mr. J. Kluivers. With regard to the establishment of an agreement, WK Advocaten can only be represented by the directors of the members of the partnership or by employees who work as attorneys for or are employed by WK Advocaten. All agreements established with Mr. J. Kluivers are established by her personally.
b. All assignments are deemed to be given exclusively to, accepted and carried out by WK Advocaten, whereby WK Advocaten can only be represented as specified in Article 3a of these general terms and conditions. This also applies if it is the explicit or implicit intention that the assignment be carried out by a specific person. The effect of Articles 7:404 and 7:407(2) of the Dutch Civil Code is (thereby) excluded. Assignments for Mr. J. Kluivers are expressly given to her, accepted and carried out by her.
c. The client indemnifies WK Advocaten and Mr. J. Kluivers against claims from third parties, including reasonable legal costs, that are in any way related to the work performed for the client, unless this is the result of gross negligence or intent. The execution of agreements is carried out exclusively for the benefit of the client; third parties cannot derive any rights from this. As a result of the applicable regulations, including the Money Laundering and Terrorist Financing (Prevention) Act (Wwft), WK Advocaten is obliged to identify clients and to report unusual transactions to the authorities under certain circumstances. The client hereby confirms that they are aware of this and, where necessary, gives their consent in advance. The client also indemnifies WK Advocaten and Mr. J. Kluivers against any claims by third parties against WK Advocaten and Mr. J. Kluivers in connection with an incorrect report.
Invoicing
Article 4:
a. Unless expressly agreed otherwise between the parties, the legal fees will be determined on the basis of the time spent and the hourly rate applicable to the assignment in question, plus the applicable VAT rate. The hourly rate is determined on the basis of the basic hourly rate to be set periodically by the attorney, which rate is multiplied by a factor depending on the experience and specialism of the attorney actually carrying out the assignment, the financial interest and the degree of urgency involved in the assignment. Unless expressly agreed otherwise, the attorney is authorised to change the aforementioned basic rate, even during the term of the assignment, and to notify the client immediately in such cases. If the basic hourly rate is increased by more than 10% at once, or within three months of the commencement of the assignment, the client may terminate the services agreement. This right expires after the payment term of the first invoice following the increase in the basic hourly rate has expired. Disbursements are the actual costs incurred by WK Advocaten on behalf of the client (such as court fees, bailiff's fees, travel expenses, costs of extracts).
b. WK Advocaten is always entitled to require the client to pay a retainer before commencing and/or continuing the work assigned. The paid retainer will be deducted from the final invoice or, at the discretion of WK Advocaten, deducted from any invoice to be paid during the assignment.
Article 5:
a. The work will be invoiced to the client at least once a month. The client is obliged to pay the invoice(s) sent by WK Advocaten/Mr J. Kluivers within 14 days of the invoice date. Payment must be conducted as stated on the invoice. In the event of failure to pay (on time), the client will be in default immediately, without further notice, and will owe default interest equal to the applicable statutory (commercial) interest rate. All judicial and extrajudicial costs incurred by WK Advocaten/Mr J. Kluivers in connection with the collection of amounts owed to WK Advocaten/Mr J. Kluivers and not paid on time shall be borne by the client. The legal costs are determined on the basis of the actual legal costs incurred by WK Advocaten/Mr J. Kluivers, including the actual legal fees charged at an hourly rate, even if these lawyer's fees relate to the work of a lawyer affiliated with WK Advocaten/Mr J. Kluivers. If an invoice or advance payment is not paid within the payment term, WK Advocaten/Mr J. Kluivers is allowed suspend its work after informing the client. WK Advocaten/Mr J. Kluivers is not liable for any damage resulting from this suspension of work.
b. Once the services agreement has been established, WK Advocaten/Mr. J. Kluivers is entitled, after obtaining the client's express and unambiguous consent, to settle its invoice with funds credited on behalf of the client to the third-party account of the attorney or third parties engaged by the client who have received the funds on behalf of the client.
Liability
Article 6:
a. The liability of WK Advocaten/Mr J. Kluivers towards its clients and third parties for damages arising from or related to the performance of a services agreement is always limited to the amount covered by the professional liability insurance in the case in question, plus the amount of the excess under the relevant policy.
b. In the event that, for whatever reason, no payment is made under the liability insurance referred to in Article 6a, the liability of WK Advocaten or Mr. J. Kluivers for damages shall in no event exceed the fees invoiced and paid in the case in question, up to a maximum of €10,000.00 excluding VAT (in words: ten thousand euros and zero euro cents).
c. Liability for indirect damage and/or consequential damage is excluded under all circumstances.
d. Claims relating to the alleged liability of WK Advocaten/Mr J. Kluivers must be submitted in writing, but no later than six (6) months after the conclusion of the case in question.
e. This article (Article 6), in particular the limitation of liability, may also be invoked by the attorney (partner, employee, trainee and/or possibly other support staff) who actually performed the work for the client. This clause is an irrevocable third-party clause within the meaning of Article 6:253 of the Dutch Civil Code.
Engagement third parties
Article 7:
WK Advocaten/Mr J. Kluivers will always exercise due care when engaging a third party. However, WK Advocaten/Mr J. Kluivers will never be liable for any shortcomings on the part of this third party.
Personal information / GDPR
Article 8:
a. WK Advocaten/Mr J. Kluivers will take appropriate measures during fulfillment of the assignment to guarantee the confidentiality of the client relationship and will comply with the General Data Protection Regulation (GDPR) to this end.
b. Under the current Personal Data Protection Act or the General Data Protection Regulation (GDPR) applicable from May 2018, professional use of the client's data by WK Advocaten/M J. Kluivers is permitted without notification. In addition, the client's data will be used in new cases to check for any conflicts of interest.
c. The client also grants permission for client data known to WK Advocaten/Mr J. Kluivers to be disclosed, subject to confidentiality, to other attorneys working at WK Advocaten/Mr. J. Kluivers, the Legal Aid Board, or third parties within the meaning of the previous Article.
d. The client agrees to electronic data exchange (internet and e-mail) and realises that, despite all the security measures taken by WK Advocaten/Mr J. Kluivers, no absolute certainty can be given against unauthorized access. WK Advocaten/Mr J. Kluivers takes the care in securing the data of the client and third parties that may be expected of it in the given circumstances. WK Advocaten/Mr J. Kluivers is not liable for loss of data and/or unauthorised access to data that occurs despite the care taken by WK Advocaten/Mr J. Kluivers. WK Advocaten/Mr J. Kluivers is also not liable for loss of data over public networks or when using third-party networks and systems. If the assignment involves communication by electronic means, such as e-mail and other forms of data traffic, the client acknowledges that this involves risks such as, but not limited to, distortion, delay, disappearance and viruses. WK Advocaten/Mr J. Kluivers is not liable for any damage resulting from this, unless there is intent or gross negligence. Both WK Advocaten/Mr J. Kluivers and the client will do or refrain from doing everything that can reasonably be expected of each of them to prevent the aforementioned risks.
Complaints procedure
Article 9:
Both WK Advocaten and Mr J. Kluivers have an internal complaints procedure that applies to every services agreement and is available on request.
Disputes
Article 10:
a. The services agreement is governed exclusively by Dutch law.
b. Disputes, including disputes that have not been resolved after internal complaint handling as referred to in Article 9 of these general terms and conditions, will be settled exclusively by the competent court in Haarlem.