GENERAL TERMS AND CONDITIONS ARBOR ADVOCATEN N.V.
1. ARBOR Advocaten is a trade name of ARBOR Advocaten N.V., a limited liability company whose registered office is in Amsterdam and which is registered with the Chamber of Commerce in Amsterdam under number 34235745, where these General Terms and Conditions have been filed. ARBOR Advocaten’s object is to practise law in the broadest sense of the word. Practising law is also carried out by persons who have been contracted by ARBOR.
2. All engagements are exclusively accepted and performed by or on behalf of ARBOR Advocaten. Sections 7:404 and 7:407 subsection 2 of the Dutch Civil Code are not applicable.
3. Pursuant to the Dutch Identification (Provision of Services) Act (Wet Identificatie bij Dienstverlening), ARBOR Advocaten is under an obligation to identify its clients. To that end, the client must provide a relevant document such as an identity card and a recent extract from the Trade Register of the Chamber of Commerce, of which ARBOR Advocaten keeps a copy. If this document is not provided, ARBOR Advocaten is entitled to suspend or terminate performance of the engagement.
4. These General Terms and Conditions are applicable to all persons working for or at ARBOR Advocaten whether or not pursuant to an employment contract, including the Directors of the corporate entities for professional practice, as well as to third parties hired by or on behalf of ARBOR Advocaten for the performance of the engagement.
5. Unless explicitly agreed otherwise, services are charged on the basis of the time spent on the case, multiplied by the applicable hourly rate. All rates quoted by ARBOR Advocaten are exclusive of 6% office costs, VAT and exclusive of other costs incurred or to be incurred in connection with the engagement, including also but not limited to travel and accommodation expenses, court fees and other disbursements.
6. ARBOR Advocaten sends bills to the client for services rendered and costs incurred after expiry of each month. These bills must be paid within fourteen days after the invoice date, failing which ARBOR Advocaten may claim default interest, including (statutory) interest, of 1.25% per month on the outstanding amount. Part of a month will be regarded as a whole month. Debt collection charges are paid by the client and are calculated in conformity with the so-called debt collection rates of the Dutch Bar Association.
7. Annually the hourly rates for each lawyer will be determined as of 1 January. Not only will the wage and price trends in the sector be taken into account, but also the increased experience level of the lawyers concerned. The client will be informed about these rate reviews in the bill for the work done in the first month of that year.
8. The liability of ARBOR Advocaten and of all those who work for or on behalf of ARBOR Advocaten, is in total limited to the amount that is paid in the relevant case under the liability insurance policy/policies taken out by ARBOR Advocaten. Particulars about the insurance(s) are available on request.
9. If and insofar as payment is not made under an insurance policy, each liability is restricted to the fees charged and received by ARBOR Advocaten in the relevant case, to a maximum amount of €30,000. ARBOR Advocaten is not liable for failures of third parties (hired by them). Any further liability will be excluded. The client indemnifies ARBOR Advocaten from and against any and all claims by third parties, including reasonable defence costs.
10. Each claim vis-à-vis ARBOR Advocaten, except a claim recognized by ARBOR Advocaten, will be barred after the expiry of twelve months after the claim has arisen.
11. Dutch law will be applicable to all legal relationships between ARBOR Advocaten and the client. Any disputes will exclusively be settled by the competent court in the district of Amsterdam.