Algemene voorwaarden

General Terms and Conditions of Asscher Advocatenkantoor B.V.

 

1. Asscher Advocatenkantoor B.V. (“Asscher Arbeidsrecht Advocatenkantoor”) is a limited liability company incorporated under Dutch law and registered with the Trade Register of the Dutch Chamber of Commerce under number 96698381.

 

2. These general terms and conditions shall apply to all assignments from a contractual counterparty of Asscher Arbeidsrecht Advocatenkantoor (“Client”) to Asscher Arbeidsrecht Advocatenkantoor as well as to all work and legal acts performed by and on behalf of Asscher Arbeidsrecht Advocatenkantoor. Assignments given to Asscher Arbeidsrecht Advocatenkantoor or persons affiliated with Asscher Arbeidsrecht Advocatenkantoor shall be deemed to have been given exclusively to Asscher Arbeidsrecht Advocatenkantoor. These general terms and conditions shall also apply to follow-up, additional or new assignments from a Client.

 

3. The applicability of any general terms and conditions used by a Client is excluded.

 

4. All assignments given to Asscher Arbeidsrecht Advocatenkantoor shall, to the exclusion of Sections 7:404 and 7:407(2) and 7:409 of the Dutch Civil Code, be accepted and carried out solely on the basis of an service provision agreement (as referred to in article 7:400 of the Dutch Civil Code) between the Client and Asscher Arbeidsrecht Advocatenkantoor, even if it is intended that the assignment will be carried out by a particular person affiliated with Asscher Arbeidsrecht Advocatenkantoor. By granting an assignment to Asscher Arbeidsrecht Advocatenkantoor, the Client waives his or her right to hold such persons affiliated with Asscher Arbeidsrecht Advocatenkantoor liable on the grounds of breach of contract or tort relating to (the performance of) the assignment granted to Asscher Arbeidsrecht Advocatenkantoor.

 

5. Assignments given to Asscher Arbeidsrecht Advocatenkantoor shall result in obligations to perform to the best of one’s ability, not obligations to achieve a result. The assignment shall be carried out exclusively for the benefit of the Client. Third parties cannot derive any rights therefrom.

 

6. Asscher Arbeidsrecht Advocatenkantoor is insured against professional liability. This professional liability insurance covers damages up to an amount of EUR 500,000 (in words: five hundred thousand euros) per claim.

 

7. Any liability of Asscher Arbeidsrecht Advocatenkantoor shall be limited to the amount paid out under its professional liability insurance(s) in the matter concerned, to be increased by the applicable amount of the deductible that is not for the account of the insurer(s) under the policy terms and conditions. If and insofar as no payment is made under such insurance policy for whatever reason and/or the liability is not covered by any insurance, any liability shall be limited to the amount of the invoice amounts paid to Asscher Arbeidsrecht Advocatenkantoor in the concerning calendar year in the matter concerned up to a maximum amount of EUR 30,000 (in words: thirty thousand euros) including VAT.

 

8. Any person affiliated with Asscher Arbeidsrecht Advocatenkantoor may invoke the provisions of these general terms and conditions, and in particular the limitation of liability. The same applies to former affiliated persons and (legal) successors under general title of (former) affiliated persons. “Affiliated persons” shall mean any current or former: subordinate, employee (whether seconded or not), consultant, partner, director, and direct or indirect director and/or shareholder of Asscher Arbeidsrecht Advocatenkantoor, as well as any other auxiliary person engaged by Asscher Arbeidsrecht Advocatenkantoor. This provision shall constitute a third-party clause within the meaning of Article 6:253 of the Dutch Civil Code.

 

9. Without prejudice to the provisions of Art. 6:89 of the Dutch Civil Code, any claim against Asscher Arbeidsrecht Advocatenkantoor and/or persons affiliated with it shall in any case lapse in the event that it is not brought before the competent court within twelve months after the event that caused the damage was discovered or reasonably should have been discovered.

 

10. Asscher Arbeidsrecht Advocatenkantoor can only be deemed to interrupt (stuiten) the expiry periods (vervaltermijnen) if Asscher Arbeidsrecht Advocatenkantoor and the Client have expressly agreed to this in writing in the service provision agreement.

 

11. Asscher Arbeidsrecht Advocatenkantoor is authorized to engage third parties in the performance of its work. When engaging third parties, Asscher Arbeidsrecht Advocatenkantoor shall, to the extent possible, consult with the Client in advance. Asscher Arbeidsrecht Advocatenkantoor is authorized by the Client to accept terms (such as limitations of liability and general terms and conditions) of third parties (also) on behalf of the Client. Asscher Arbeidsrecht Advocatenkantoor shall not be liable for errors, imperfections or non-performances of third parties in the performance of their work.

 

12. The Client indemnifies Asscher Arbeidsrecht Advocatenkantoor against all third party claims, including the reasonable costs of legal assistance, which are in any way related to the work performed for the Client, unless such claims result from gross negligence or intentional misconduct by Asscher Arbeidsrecht Advocatenkantoor.

 

13. Unless expressly agreed otherwise in writing, Asscher Arbeidsrecht Advocatenkantoor shall charge the Client for its services a fee calculated by multiplying the number of hours spent on the matter by the relevant persons by the rates applicable to the relevant persons from time to time multiplied by VAT no surcharge for office expenses.

 

14. Asscher Arbeidsrecht Advocatenkantoor shall be entitled to adjust its hourly rates periodically. In doing so, Asscher Arbeidsrecht Advocatenkantoor shall as far as possible ensure that, taking into account the circumstances, a reasonable amount of fees is charged. All external costs incurred by Asscher Arbeidsrecht Advocatenkantoor in the performance of an assignment (such as court registry fees, travel, bailiff, courier, delivery, interpreting and translation costs) which fall outside the office expenses shall in addition be charged as disbursements. Asscher Arbeidsrecht Advocatenkantoor is also entitled to require payment of an advance payment. A paid advance payment shall be deducted from the final invoice.

 

15. In principle, invoices are submitted on a monthly basis. If applicable, VAT will be charged. Invoices must have been paid 14 days after the date of the invoice. If the Client fails to pay the invoices within this period, Asscher Arbeidsrecht Advocatenkantoor shall be entitled to suspend its activities with immediate effect without being obliged to compensate any damage arising as a result. If the Client acting in the exercise of a profession or business fails to pay the invoices on time, statutory commercial interest shall be due from the due date and Asscher Arbeidsrecht Advocatenkantoor shall be entitled to charge extrajudicial collection costs estimated at 15% of the principal amount.

 

16. In the event that any objections pertaining to the invoice have not been reported to Asscher Arbeidsrecht Advocatenkantoor within 14 days, the Client shall be deemed to have accepted the invoice, as well as the underlying work and records. The data from Asscher Arbeidsrecht Advocatenkantoor’s billing system shall constitute between the parties proof of the sending of the relevant invoice.

 

17. With the exception of files to which separate legal preservation guidelines may apply, after termination of the assignment the relevant correspondence, agreements, deeds of pledge, registration certificates and (procedural) documents (including judgments and other rulings) belonging to the file shall be retained by Asscher Arbeidsrecht Advocatenkantoor for a period of five years (counting from the sending of the final invoice or the final letter), after which Asscher Arbeidsrecht Advocatenkantoor shall be free to destroy the file without further notice. Asscher Arbeidsrecht Advocatenkantoor is entitled to retain file documents only in the form of a digital copy or scan where permitted by law. During the retention period, file documents may be obtained by the Client against payment of the costs associated with lifting the file.

 

18. Asscher Arbeidsrecht Advocatenkantoor is required, as a result of applicable laws and regulations (including the Money Laundering and Terrorist Financing (Prevention) Act), to establish the identity of Clients and to report unusual transactions to the authorities under circumstances. All personal data will be processed in accordance with the General Data Protection Regulation (“AVG”).

 

19. Asscher Arbeidsrecht Advocatenkantoor shall treat confidential information received from the Client in the context of the performance of the assignment as confidential, subject to applicable laws and regulations. Asscher Arbeidsrecht Advocatenkantoor has permission from the Client to communicate with the Client by electronic means, unless the parties have agreed otherwise in advance. Unless otherwise instructed, Asscher Arbeidsrecht Advocatenkantoor may use the name and logo of the organization and assignment of the Client to Asscher Arbeidsrecht Advocatenkantoor for marketing purposes and referrals, of course without violating the rules and agreements on confidentiality. Client shall let Asscher Arbeidsrecht Advocatenkantoor timely know in writing if there are any objections to this.

 

20. Asscher Arbeidsrecht Advocatenkantoor shall be deemed to advise exclusively with respect to Dutch law, unless expressly agreed otherwise in writing.

 

21. The legal relationship between the Client and Asscher Arbeidsrecht Advocatenkantoor shall be governed exclusively by Dutch law. In case a dispute is submitted to the ordinary courts, such dispute shall in first instance be exclusively settled by the District Court of Amsterdam. The Court of Amsterdam shall in the first instance have exclusive jurisdiction, also in case of interim injunction proceedings or any similar interim relief proceedings, with respect to disputes arising out of or in connection with the service provision relationship.

 

22. Notwithstanding the Client’s right to bring a dispute before the District Court of Amsterdam, Asscher Arbeidsrecht Advocatenkantoor ’s office complaints procedure shall apply to the services and activities. The office complaints procedure can be found on the website of Asscher Arbeidsrecht Advocatenkantoor and will be sent free of charge upon request.

 

23. Without prejudice to the limitations of liability in these general terms and conditions and/or the assignment agreement between the Client and Asscher Arbeidsrecht Advocatenkantoor, any liability claim against Asscher Arbeidsrecht Advocatenkantoor and/or its affiliated persons may be brought exclusively in the Netherlands under Dutch law. Any other (liability) law of other jurisdictions is excluded.

 

24. If one or more provisions of the contract shall prove to be wholly or partly invalid or unenforceable, they are hereby replaced by provisions to which this does not apply and which as far as possible regulate the same as the invalid or unenforceable provision, while the other terms and conditions shall remain in force. To the extent necessary, the parties shall consult further in good faith on the exact wording of such superseded provisions.

 

25. There is a Dutch and an English version of these general terms and conditions. In the event of any difference between these general terms and conditions in the Dutch and English languages, the Dutch text shall be decisive and binding.