General terms and conditions

  1. Habets advocatuur is registered in the Trade Register of the Chamber of Commerce [KvK] under number 64070190. 
  2. These General Terms and Conditions apply to all assignments for professional services by a principal (”The Client”) to Habets advocatuur. 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. In derogation from the provisions of Section 7: 408(2) DCC, Habets advocatuur shall be entitled to terminate an assignment at any time, with due observance of the Attorneys’ Code of Conduct [Gedragsregels voor Advocaten]. 
  4. Habets advocatuur will periodically bill its work at the agreed hourly rate. The hourly rate may be adjusted in connection with cost increases. Office expenses will be charged at a fixed percentage of 5% of the fee. Payments, such as bailiff costs, court fees, excerpts and costs related to services of third parties, are explicitly not included in the office expenses. These will be billed separately. Habets advocatuur is always entitled to ask for a payment in advance for the services that need to be rendered as well as for the costs that will be involved. These payments in advance will be deducted during or at the end of the assignment. 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. In such case Habets advocatuur is entitled to claim the legal (trade) interest and to compensation of the (extra)judicial costs related to the collection of the due amount. The extrajudicial costs will be calculated based on the Decision compensation for extrajudicial costs [Besluit vergoeding voor buitengerechtelijke kosten]. If someone other than the Client, the debtor, must settle the invoice, the Client shall nonetheless remain liable for the payment thereof. 
  5. Habets advocatuur may engage the 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, Habets advocatuur will be entitled to engage the services of a barrister or a bailiff without such prior consultation. Habets advocatuur will also be entitled to accept, also in the Client’s name, any limitation of liability used by such third parties. Habets advocatuur shall not be liable for any default or breach committed by a third party. To the extent necessary, Habets advocatuur will transfer its claim against such third parties to the Client. 
  6. 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 Habets advocatuur, such liability shall be limited to the amount that is paid out in that specific case under the professional indemnity insurance, 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 Habets advocatuur. If, for whatever reason, no payment is received from the professional liability insurer, Habets advocatuur’s liability will be limited to 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 calendar year in which the liability against Habets advocatuur originated with a maximum of EUR 15.000. 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 Habets advocatuur 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. 
  7. 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. 
  8. 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 Habets advocatuur 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 Habets advocatuur performed on the Client’s behalf or alleging a loss or harm in connection with an erroneous notification having been made by Habets advocatuur 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 Habets advocatuur. 
  9. Habets advocatuur will archive and save the file after having sent the last invoice. After this period the complete file will be shredded. From that moment no file documents can be asked for at Habets advocatuur.
  10. The relationship between Habets advocatuur 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 Limburg, the Netherlands, unless the dispute falls under the jurisdiction of the Cantonal Court (“Kantonrechter”) or 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 and English language. In the event of discrepancy in the texts of the General Terms and Conditions, the Dutch-language version will prevail. 
  11. If the Client has not acted in the course of a profession or business and if Habets advocatuur have expressed their wish pertinent to Article 10 to submit the dispute to a court that does not have territorial jurisdiction by law, within one month after such expression, the Client shall be entitled to demand that the dispute be submitted to a court that does have jurisdiction by law.