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General terms and conditions

  1. Thuis Partners Advocaten (“Thuis Partners”) is a partnership of private limited companies registered in the Trade Register of the Chamber of Commerce [KvK] under number 14110632.
  2. These General Terms and Conditions apply to all assignments for professional services by a principal (”The Client”) to Thuis Partners or its partners, directors, attorneys and employees. These General Terms and Conditions shall also be deemed to apply to all subsequent assignments from the Client as well as from Group Companies of the Client as defined in Section 2:24b of the Dutch Civil Code [“DCC”, Burgerlijk Wetboek].
  3. Assignments will be deemed to have been exclusively given to, and accepted by, Thuis Partners. In derogation from the provisions of Sections 7:404 and 7:407 § 2 DCC), Thuis Partners’s partners, directors and/or present and former employees shall not be personally obligated or liable.
  4. In derogation from the provisions of Section 7: 408(2) DCC, Thuis Partners shall be entitled to terminate an assignment at any time, with due observance of the Attorneys’ Code of Conduct [Gedragsregels voor Advocaten].
  5. Thuis Partners will periodically bill its work at the agreed hourly rate. The hourly rate will be yearly indexed; if indexation takes place within three months after entering into the agreement, the Client will have the right to dissolve the agreement. Office expenses will be charged at a fixed percentage of 6% of the fee. Invoices must be paid within 14 days of their being sent, without suspension of payment, discount or set-off. If this term is exceeded, the Client shall be in default without any prior notice being required. If someone other than the Client, the debtor, must settle the invoice, the Client shall nonetheless remain liable for the payment thereof .
  6. Thuis Partners may engage services of third parties at the Client’s risk and expense. To the extent reasonably possible, such engagement will be discussed with the Client in advance. However, Thuis Partners will be entitled to engage the services of a bailiff without such prior consultation. Thuis Partners will also be entitled to accept, also in the Client’s name, any limitation of liability used by such third parties. Thuis Partners shall not be liable for any default or breach committed by a third party. To the extent necessary, Thuis Partners will transfer its claim against such third parties to the Client.
  7. If, in the course of an assignment, an event occurs including but not limited to the non-performance or non-timely performance of the assignment, that could lead to any liability on the part of Thuis Partners, such liability shall be limited to the amount that is paid out in that specific case under the professional indemnity insurance of Thuis Partners, increased by the amount of the applicable deductible (“eigen risico”). A copy of an extract of the insurance policy will be provided to the Client upon request. Any liability for advice rendered orally but not committed to writing is expressly excluded. Furthermore, all liability is expressly excluded if at the time the liability originated the Client was in default with regard to any of his/her/its obligations to Thuis Partners. If, for whatever reason, no payment is received from the professional liability insurer, Thuis Partners’s liability will be limited to the smaller of (i) the amount of fees invoiced to and paid by the Client in respect of the matter in which the liability arose exclusive of VAT, in the year in which the liability against Thuis Partners originated, and (ii) EUR 50,000.00. The provisions of this article also apply to the Client in the event that a third party (also) claims damages in connection with the services rendered by Thuis Partners to the Client. The waivers or limitations of liability set out in these General Terms and Conditions shall not apply to the extent that such application would violate imperative law or that the pertinent loss or harm is caused by an intentional act or omission or gross negligence. The Client will only have a claim of said limited amount against Thuis Partners. Neither the Client nor its subsidiaries nor its directors and/or employees advisors will have any claim against an employee of Thuis Partners, an attorney of Thuis Partners and/or a director of a private limited companies which is part of the of Thuis Partners partnership. In addition, the Client, its subsidiaries and its directors and/or employees waive all claims or rights of legal action which they may have against an employee of Thuis Partners, an attorney of Thuis Partners and/or a director of a private limited companies which is part of the of Thuis Partners partnership. This third party provision ("derdenbeding") has been stipulated for the benefit of the aforementioned persons who may invoke this provision at any time.
  8. Notwithstanding the provisions of Section 6:89 of the DCC, every right of claim will lapse 12 months after the date on which the Client knew, or could reasonably be expected to have known, that liability arose. If that date cannot be established, then every right of claim will lapse 24 months after the date of the last invoice in respect of the matter in which the liability arose.
  9. The assignment will be performed exclusively on the Client’s behalf. Third parties may not derive any rights from work performed for the Client. The Client indemnifies and holds harmless Thuis Partners and its assistants and aides against all third-party claims alleging that a loss or harm has been suffered as a result of, or in connection with, the work Thuis Partners performed on the Client’s behalf or alleging a loss or harm in connection with an erroneous notification having been made by Thuis Partners or its employees or other assistants or aides pursuant to the Act on the Prevention of Money Laundering and Terrorist Financing [Wet ter voorkoming van Witwassen en Financieren van Terrorisme], unless the issue involves an intentional act or omission or deliberate recklessness on the part of Thuis Partners.
  10. Personal data received by Thuis Partners will be prudently handled. The data could be processed for different kinds of purposes. Primarily the data will be used for performing on the assignment. Besides, the data could be used for not to the assignment related activities such as newsletters or invitations sent by Thuis Partners. The Client approves the processing of the aforementioned data by Thuis Partners for the aforementioned different kinds of purposes. The Client may withdraw said approval at any time. More information on this subject is available in the privacy statement on the website of Thuis Partners.
  11. The relationship between Thuis Partners and the Client is governed by the laws of the Netherlands. Any dispute shall be settled exclusively by the competent court in the District of Maastricht, the Netherlands, unless the Legal Services Complaints and Dispute Resolution Rules [Klachten- en Geschillenregeling Advocatuur] apply pursuant to a written agreement concluded with the Client. The General Terms and Conditions have been drafted in the Dutch, English and German languages. In the event of discrepancy in the texts of the General Terms and Conditions, the Dutch language version will prevail.
  12. The Client who is not acting in the exercise of a profession or business has the right to determine within one month after Thuis Partners invoked the jurisdiction as stated in article 11, that the dispute shall be referred to the competent court in accordance with the legislation in force, in spite of article 11.

 

 

 

 

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