General Conditions

General Conditions of Van der Feltz advocaten N.V.
 

Article 1: Van der Feltz advocaten
Van der Feltz advocaten N.V. is a public limited company that was incorporated under Dutch law and which has its registered office in The Hague, the Netherlands (Chamber of Commerce in the Hague, file reference no. 27364182). In addition to its name given in the articles of association, the public limited company uses the trade name of “Van der Feltz advocaten”. A list of the persons who hold shares in Van der Feltz advocaten N.V. through operating companies and/or holding companies will be sent on request.

Article 2: Instructions
2.1. These general terms and conditions apply to all services provided and/or work undertaken by or on behalf of Van der Feltz advocaten N.V. Furthermore, these general terms and conditions apply to all services provided and/or work undertaken by or on behalf of an (indirect) director or directors, their operating companies and/or holding companies as well as to everyone who works for Van der Feltz advocaten N.V. pursuant to an employment contract or otherwise, as well as to future services and/or work. These general terms and conditions were also stipulated for an (indirect) director or directors and (indirect) shareholder or shareholders of Van der Feltz advocaten N.V. The applicability of any other general terms and conditions is explicitly excluded. To the extent necessary, this article serves as a third-party clause within the meaning of Section 6:253 of the Dutch Civil Code [Burgerlijk Wetboek (BW)] for the aforementioned persons or legal entities, which clause is hereby accepted by Van der Feltz advocaten N.V. on behalf of these persons or legal entities.
2.2. Notwithstanding the provisions of Sections 7:404, 7:407, subsection 2 and 7:409 of the Dutch Civil Code, all instructions are accepted and executed by Van der Feltz advocaten N.V. only. 
2.3. The instruction or instructions assigned to Van der Feltz advocaten N.V. are performed only for the benefit of the client. Unless Van der Feltz advocaten N.V. has agreed to it in writing in advance, Van der Feltz advocaten N.V. does not disclose advice given to the client to third parties nor will it allow third parties to read such advice. Third parties cannot derive any rights from the execution of work undertaken for the client.
2.4. Van der Feltz advocaten N.V. is entitled to engage third parties such as litigation lawyers and bailiffs in connection with its services. When selecting these third parties, Van der Feltz advocaten N.V. will consult the client to the greatest possible and reasonable extent. Any costs associated with engaging the aforementioned third parties are invoiced to the client.

Article 3: Liability
3.1.
Every liability of Van der Feltz advocaten N.V. and/or the persons or legal entities referred to in article 2.1 of these general terms and conditions is limited to the amount paid out under the professional liability insurance of Van der Feltz advocaten N.V. in the case in question, plus the policy excess that is not charged to the insurer in accordance with the terms and conditions of the policy document. If no payment is made under the aforementioned insurance for whatever reason, every liability of Van der Feltz advocaten N.V. is limited to the fee claimed in the case in question during 12 (twelve) calendar months prior to the event which the liability relates to, subject to a maximum of EUR 100,000 (in words: one hundred thousand Euros). Every claim against Van der Feltz advocaten N.V. and/or the persons or legal entities referred to in article 2.1 of these general terms and conditions lapses 12 (twelve) months after the aggrieved party was aware or should have been aware of the reason for liability.
3.2. The exclusions of liability set out in article 3.1 also apply to claims in connection with the failure or incorrect functioning of equipment, software, data files, registers and/or other resources, none excluded, used by Van der Feltz advocaten N.V. and/or the persons or legal entities referred to in article 2.1 of these general terms and conditions as part of the service provision, as well as to the interception of audio and/or data transmissions by telephone, fax or e-mail. All audio traffic, data traffic, telephone traffic, fax traffic and e-mail traffic is uncoded.
3.3. Van der Feltz advocaten N.V. and the persons or legal entities referred to in article 2.1 of these general terms and conditions are not liable for any shortcomings and/or unlawful acts by the third parties referred to in article 2.4 of these general terms and conditions. It is possible that third parties engaged for the execution of an instruction given by Van der Feltz advocaten N.V. wish to limit their liability in that respect. Van der Feltz advocaten N.V. is entitled to accept such a limitation of liability on behalf of the client. In the case of shortcomings and/or unlawful acts by these third parties, Van der Feltz advocaten N.V. will do anything reasonably possible in order to recover the damage caused by such shortcomings and/or unlawful acts from this third party or these third parties unless the client asks for the claim or claims in question to be assigned to him. The liability of Van der Feltz advocaten N.V. and/or the persons or legal entities referred to in article 2.1 of these general terms and conditions for shortcomings by third parties does not extend beyond what the third party offers Van der Feltz advocaten N.V. in terms of recourse.
3.4. The client indemnifies Van der Feltz advocaten N.V. and the persons or legal entities referred to in article 2.1 of these general terms and conditions against all third-party claims, including the reasonable costs of legal aid, that are in any way related to or ensue from the work undertaken for the client except in the case of intent or gross negligence.
3.5. Van der Feltz advocaten N.V. does not accept liability when its Stichting Derdengelden Van der Feltz advocaten (Chamber of Commerce The Hague, file reference no. 27290965) is unable to pay the client because the bank with whom Stichting Derdengelden Van der Feltz advocaten holds one or more bank accounts fails to fulfil its obligations towards the latter.
3.6. The provisions of this article may also be invoked by or for the persons or legal entities referred to in article 2.1 of these general terms and conditions, other persons for whom Van der Feltz advocaten N.V. could be liable as well as by Stichting Derdengelden Van der Feltz advocaten.

Article 4: Fee statements and payments on account
4.1.
Unless agreed otherwise in writing, the fee is calculated on the basis of the number of hours spent, multiplied by the hourly rates set by Van der Feltz advocaten N.V. and no surcharge for general office expenses will be invoiced. Van der Feltz advocaten N.V. is entitled to unilaterally change its hourly rates with effect from a future date.
4.2. Special expenses (such as invoices from bailiffs, experts, other third parties, court fees, travel expenses, etc.) are invoiced separately.
4.3. Fee statements may be sent on a monthly basis, depending on the progress of the work.
4.4. All amounts to be invoiced are increased with the statutory turnover tax unless the client is demonstrably exempted from this.
4.5. The payment term of the fee statements from Van der Feltz advocaten N.V. is 14 (fourteen) days after the invoice date. Payment must be made in the manner set out on the invoice. The client waives every right to invoke suspension or set-off. In the event of a failure to pay, the client will be in default by operation of law and he will owe default interest equal to the statutory interest pursuant to Section 6:119a of the Dutch Civil Code. The costs of collection measures are payable by the client.
4.6. Van der Feltz advocaten N.V. is at all times entitled to ask the client for an (offsettable) payment on account for the fee to be charged and any costs to be incurred. Failing such payment, Van der Feltz advocaten N.V. is entitled to suspend or halt its work following prior notification. The payment on account is set off against the final invoice unless agreed otherwise. Van der Feltz advocaten N.V. is also entitled to set off the payment on account against the client's unpaid or not fully paid fee statements in the case in question or in other cases.

Article 5: Retention period (case) documents
5.1.
Van der Feltz advocaten N.V. is entitled to remove and destroy files and all the documents inside, including documents that are the property of the client and/or third parties 5 (five) years after a case is closed or after the notification it will be archived, without further notice.

Article 6: Choice of law and forum
6.1. The legal relationship with and the services provided and/or work undertaken by or on behalf of Van der Feltz advocaten N.V. and/or the persons or legal entities referred to in article 2.1 of these general terms and conditions are subject to Dutch law. Disputes are exclusively settled by the competent court in The Hague, without prejudice to the powers of the bodies of the Netherlands Bar Association [Nederlandse Orde van Advocaten].
6.2. These terms and conditions are available in both the Dutch and English language. The text of the Dutch text prevails over the English version. Van der Feltz advocaten N.V. is entitled to change these general terms and conditions at all times. The most recent version of the general terms and conditions can be consulted on the website of Van der Feltz advocaten N.V.
 

General Terms and Conditions