1. Mr. J.T. Willemsen and Mr. J. Kluivers (acting under the name of WK Advocaten) have as their object the practice of law.
2. All assignments shall be deemed to have been exclusively given to and accepted by Mr J.T. Willemsen or Mr J. Kluivers, even if the work is performed by a specific person associated with them. The effect of articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code is excluded.
3. All assignments are accepted subject to a limitation of professional liability to the amount that qualifies for payment under the professional liability insurance in a given case, increased by the amount of the excess.
4. Work will in principle be charged on a monthly basis based on subsequent calculation at a fixed hourly rate. In addition, third party costs will be charged, such as bailiffs engaged by the lawyer and court fees charged by legal bodies. No office expenses are charged. The term of payment of invoices is 14 days, unless otherwise agreed in writing. If this term is exceeded, the client shall be in default by operation of law and shall owe statutory interest. Actual costs related to collection measures will be charged to the client. The lawyer is authorised at all times to request an advance as security for the client's payment obligation and is authorised to suspend activities if the requested advance is not paid in time. The lawyer is entitled to change the fee charged by the lawyer and the client in the interim.
5. If legal aid is granted on the basis of an addition, the personal contribution imposed by the Legal Aid Board is due, to be increased with any court fees and bailiff's fees due, as well as costs for experts (if any), and extracts from registers, etc. As soon as the addition is granted, your lawyer will ask for an advance payment equal to the personal contribution imposed and any costs due. If the legal aid is withdrawn afterwards, the agreed fee is due.
6. After the handling of a file by the lawyer has been completed, the file will be archived for five years and then professionally destroyed.
7. All rights of action and other powers of the client vis-à-vis the lawyer will expire if the said claim has not been brought to court within one year, counting from the day the person whose claim it concerns could reasonably have known the facts and circumstances on which the claim is based.
8. These general terms and conditions are also stipulated for the benefit of anyone who, whether employed or not, is engaged in the performance of an assignment or may be liable in connection therewith. This also applies to former partners or employees of the lawyer and their possible heirs, if they are held liable after they have left the lawyer's office.
9. If the attorney at law engages third parties in carrying out an assignment, they are authorised to accept the conditions and limitations of liability applied by such third parties also on behalf of his client. Any liability of the lawyer for shortcomings of the third parties they have engaged is excluded.
10. The legal relationship between the client and the lawyer is governed by Dutch law. In case of disputes between the client and the lawyer the District Court of Noord-Holland, Haarlem location will have exclusive jurisdiction, as far as these disputes arise from the execution of the assignment.
11. These General Terms and Conditions will be sent to third parties upon first request.