GENERAL CONDITIONS
General conditions Oudolf Advocaat/Attorney at law
1 legal entity
Oudolf Advocaat is a law practice according to Dutch law. Its attorney at law, F.M Oudolf, and the law offices meet the standards of the Dutch Bar Association. The law practice is registered at the Chamber of Commerce, registration number 71429212.
2 applicability
The terms in these conditions are written for all those working for the law practice.
These conditions are applicable on any assignment given to Oudolf Advocaat law offices whether it being following, changed or additional.
These general conditions are also written for every third party assigned and involved to render services in the interest of the client, employed or not; as for possible liability in that respect.
The applicability of these conditions can not be excluded.
3 assignment
In fulfilling the assignment Oudolf Advocaat will take due and proper care.
Oudolf Advocaat will be free to have another attorney at law fulfill the assignment, but only in case of severe illness or unforeseen circumstances making replacement necessary.
The client is aware of the fact that Dutch Bar Association regulations and rules of conduct are to be obeyed. The client accepts the possible consequences thereof.
Oudolf Advocaat is entitled to contract third parties such as bailiffs, couriers and so on, and to apply for necessary official services, such as public information, at clients costs.
4 client identity
Oudolf Advocaat is obligated to ascertain client identity, according to Dutch rules of law and Dutch Bar Association regulations. Client is therefore bound to cooperate when giving the assignment.
5 confidentiality
Oudolf Advocaat will safeguard client confidentiality when fulfilling the assignment and afterwards.
Client authorizes Oudolf Advocaat to use modern means of communication such as mobile phone, email, small message service and internet.
Oudolf Advocaat complies with the EU Directive to protect personal data (2016/267).
6 fees, costs and payment obligations
Fees are set upon hours that have been worked by Oudolf Advocaat and the applicable hour rate. Fees are determined every year and are based on the interest and value of the assigned matter.
Reimbursements paid for or on behalf of the client are charged separately.
Oudolf Advocaat charges monthly to the client, unless otherwise agreed.
Fees are to be paid within fourteen days on Oudolf Advocaat’s bank account. Client will be in default if payment is too late, only partly or not done at all. If so, an interest rate of 1% a month will be charged over the amount due.
Oudolf Advocaat is at all and any time entitled to ask for a retainer for work on the assignment, whether it is done or has not not been done yet, as well as for reimbursements and costs to be made. The retainer will be taken into account with the fees at the closing moment of the assigned matter. The retainer does not imply an indication of the total amount of fees, costs and imbursements. Oudolf Advocaat is entitled to suspend work until payment in full has been done, without any liability as such.
7 complaints
Oudolf Advocaat will register a possible complaint and respond to it on short notice. If a satisfactory solution with the client can not been reached, both parties will be free to address the Dutch Bar Dispute Committee (Geschillencommissie Advocatuur).
8 liability
Oudolf Advocaat has an insurance for professional liability, according to the standards of the Dutch Bar Association. The insurance is with Aon Group in Rotterdam.
Each and every liability of Oudolf Advocaat and those working on behalf of its law offices are limited to the amount as paid under the professional liability insurance. If, for whatever reason, no payment is done, liability will be limited to the fees as charged, with a maximum amount of 10.000 Euro.
A claim for damages against Oudolf Advocaat expires one year after discovery of the alleged or assumed damage, unless the claim has been filed at the court before the end of that year.
Oudolf Advocaat is entitled to accept parties limitations of liability, when they are involved in fulfilling the assignment. Parties defaults will not give the client a larger claim towards Oudolf Advocaat.
9 warranty
The client will protect Oudolf Advocaat against any third party action and will reimburse reasonable costs for legal defence.
10 applicable law and jurisdiction
Dutch law is applicable on the legal relationship between the client and Oudolf Advocaat. All disputes will be submitted to the District Court Amsterdam, unless one of the parties chooses to submit the matter to the Dutch Bar Dispute Committee (Geschillencommissie Advocatuur).
Amsterdam, June 1, 2018.