Terms and conditions
Applicability
1.1 Van den Broek Advocaten B.V. (hierna: Van den Broek Advocaten) (hippischadvocaat.nl is een handelsnaam van dit bedrijf) is een naar Nederlands recht opgerichte besloten vennootschap met als het uitoefenen of doen uitoefenen van de rechtspraktijk, waaronder de advocatuur. Van den Broek Advocaten is ingeschreven in het handelsregister onder nummer 64500950.
2. These Terms and Conditions are applicable to and form an integral part of the engagements for all activities and services, including follow-up engagements and new engagements, which are or will be carried out by or on behalf of the Van den Broek Advocaten entity as specified in the engagement letter (Van den Broek Advocaten), whether these services have been or will be performed in the capacity of attorney, tax attorney, paralegal, process agent, trustee, receiver, liquidator, executor, arbitrator, binding advisor, mediator as well as by authorization or power of attorney or otherwise. All engagements are, in disregard of Article 7: 404, 7: 407 paragraph 2, 7: 408 paragraph 2 and 7: 409 Dutch Civil Code, exclusively accepted and executed by Van den Broek Advocaten, even if it is the express or implied intention of the client or parties that an engagement is performed by a specific person associated with Van den Broek Advocaten.
3. These Terms and Conditions also apply to all current, future and former partners, employees, trainees, paralegals, attorneys, tax attorneys, administrators, other direct or indirect subordinates or (hired) employees, advisors, members and shareholders of Van den Broek Advocaten as well as their professional legal entities, all other persons engaged for any assignment by Van den Broek Advocaten (including but not limited to aforementioned persons and officers of any other legal entity operating under the trade name Van den Broek Advocaten) and all persons for whose acts or omissions Van den Broek Advocaten could be liable or on whom a liability rests or could rest and the successors under general title of all of the above (legal) persons (each (legal) person as referred to in this article hereinafter an "associated person").
Relationship
4. The client merely has a relationship with Van den Broek Advocaten and not with any other entity belonging to the Van den Broek Advocaten group nor with any associated person. All engagements are deemed and construed to be provided to and performed by Van den Broek Advocaten exclusively and never to or by an associated person. Each associated person performing activities for Van den Broek Advocaten in the exercise of his professional work, carries out these activities exclusively for the account and risk of Van den Broek Advocaten. No associated person is liable to the client at any time.
5. Unless agreed otherwise in writing, client’s instructions apply on a case by case basis only and not on an ongoing basis.
6. All agreements, engagements and services rendered concern obligations by Van den Broek Advocaten on a best efforts basis only and never concern obligations to reach that result.
7. Van den Broek Advocaten is authorized to assemble and amend the team that will carry out the engagement and to appoint and discharge the team members, including the authority to engage third parties thereto.
8. Van den Broek Advocaten is authorized to decline in full or in part any of client’s instructions if Van den Broek Advocaten deems this to be in the best interest of the client or if the relevant attorney or tax attorney deems such instruction to be contrary to any applicable law or regulation, including applicable disciplinary rules
9. Taking into account the interests of the client, Van den Broek Advocaten independently determines how, at what location and at what time it carries out its activities.
10. Van den Broek Advocaten is authorized to engage third parties (including other attorneys) on behalf and for the account of the client. Van den Broek Advocaten is thereby authorized to accept on behalf of client the terms and conditions as used by these third parties.
11. Van den Broek Advocaten only provides legal services and explicitly no commercial, financial, notarial, human resource or other services. Fiscal services are solely provided to the extent expressly agreed upon in writing.
12. Van den Broek Advocaten provides its services solely for the benefit of the client. No third party can derive any rights from the services rendered for or advice given to the client.
13. The opinions and advices provided by Van den Broek Advocaten are intended for the client only and are solely intended for the purpose as stated in the engagement. No document prepared by Van den Broek Advocaten may be disclosed to any third party without Van den Broek Advocaten’s prior written consent.
14. Unless otherwise agreed, Van den Broek Advocaten is authorized to act on the basis of verbal instructions and to take instructions from all client’s directors, officers and employees.
Fees and invoicing
15. Each calendar year Van den Broek Advocaten is authorized, also for continuing engagements, to adjust the hourly rates in accordance with the Dutch CBS Consumer Price Index (January 2015 = 100), whereby the hourly rates are rounded to the nearest EUR 5.00. To the extent such price adjustment has not occurred for a certain year, such adjustment can still be made in any subsequent year. Van den Broek Advocaten is authorized to change the hourly rate of paralegals, trainees and associates (other than partners) due to an increase in the number of years of work experience of the relevant person.
16. For certain types of services rendered (including specialist or international activities or activities with an increased risk or exposure for Van den Broek Advocaten) or when the services must be carried out under considerable time pressure or at unusual times, Van den Broek Advocaten is allowed to charge rates higher than its usual rates.
17. Van den Broek Advocaten will invoice on a monthly basis, unless it considers at any time a different billing period more appropriate. The term of payment is 14 days after the invoice date. Payments must be made in Euros as per instructions as indicated on the invoice. Failing payment, the client is automatically and without any notification legally in default and a default interest at the statutory rate shall be applicable, except in the case of a bona fide discussion on the invoice. In case of any default, Van den Broek Advocaten is entitled to cease its activities immediately. Costs of collection measures (both judicial and extrajudicial) shall - with a minimum of 10% of the outstanding balance – be borne by the client. Received payments shall, regardless of any reference made on the wiring instruction, be offset against the oldest outstanding invoices.
18. Van den Broek Advocaten is entitled at any time to demand advance payments prior to its engagement or continuation of services. In default of payment thereof, Van den Broek Advocaten is upon given notice entitled not to commence its activities or to suspend or terminate these. Unless expressly agreed otherwise, each advance payment will be deducted from the final invoice relating to the case in question. In addition, Van den Broek Advocaten is entitled to set-off the advance payment with any outstanding invoice relating to the case in question as well as relating to any other case of the client.
19. If a fixed price or target price has been agreed upon, Van den Broek Advocaten is authorized to adjust this price in case of circumstances that were not anticipated at the moment of commencement of the services rendered in the case in question. An agreed budget is only a cost indication from which can be deviated, unless it has been explicitly agreed that this is a binding budget.
20. The client is not entitled to suspend any payment on any grounds whatsoever nor to offset any invoice of Van den Broek Advocaten with any claim or claims against Van den Broek Advocaten, contingent or otherwise.
21. Van den Broek Advocaten does not have a third-party funds account and thus cannot receive third-party funds.
Taxes
22. All amounts shall be increased with VAT and other relevant taxes and charges, except in situations where in the opinion of Van den Broek Advocaten this tax or charge may be shifted to the client.
23. If Van den Broek Advocaten has invoiced without VAT and the tax authorities or Van den Broek Advocaten subsequently find that invoicing should have been made with VAT, then Van den Broek Advocaten is authorized to charge such VAT amount to the client and the client is obliged to pay such amount to Van den Broek Advocaten, including any statutory interest and collection costs.
24. If the client is obliged to make any withholding or reduction on the payment to Van den Broek Advocaten, then Van den Broek Advocaten is entitled to adjust its invoice such that after payment of that adjusted amount minus such withholding or reduction it receives the same amount as under the original invoice without any such withholding or reduction. The client is then obliged to pay this adjusted invoice less the relevant withholding or reduction.
Documentation and data
25. All documents prepared by Van den Broek Advocaten are and remain the intellectual property of Van den Broek Advocaten and may be used by Van den Broek Advocaten for other clients, provided that the confidentiality towards the client is not harmed. Client is entitled to use these documents for personal use.
26. Van den Broek Advocaten has the right to return client’s documents and materials only upon full payment of all outstanding invoices.
27. Van den Broek Advocaten will store all documents relating to a case for a period of five years after completion of such case. After this period, it is entitled to destroy these documents, without prior notice to the client. Alternatively, Van den Broek Advocaten will continue to store these documents for a longer period, whereby storing costs will be charged to the client.
28. Van den Broek Advocaten will handle all client data as confidential, unless it reasonably can assume that this information is not confidential. When third parties are engaged for rendering services to the client, Van den Broek Advocaten is authorized to make such information available to these third parties, unless the client has previously stated that its consent is required. Pursuant to the Act on Prevention of Money Laundering and Financing of Terrorism or any other law or regulation, Van den Broek Advocaten can be obliged to provide information about the client, client’s anticipated or executed transactions and its ultimate beneficial owners to the relevant authorities without notifying the client thereof. The client accepts this and confirms not to oppose thereto and shall not prevent or hinder Van den Broek Advocaten’s legal obligations in this respect.
Complaints
29. The agreement between the client and Van den Broek Advocaten is subject to the office complaints procedure of Van den Broek Advocaten, which is mentioned on the website of Van den Broek Advocaten under www.vandenbroekadvocaten.nl/contact. Complaints can be submitted to Van den Broek Advocaten via the contact details as stated in the engagement letter or on the website. Complaints that are not resolved after treatment can be submitted exclusively to the District Court of Midden-Nederland, location Utrecht.
Limitation of liability
30. The client can only hold Van den Broek Advocaten liable for non-performance or claims for damages and not any other Van den Broek Advocaten legal entity or any attorney, tax attorney, paralegal or other employee or staff member related to Van den Broek Advocaten, nor any director, member, shareholder or any professional legal entity related to Van den Broek Advocaten or to any of the aforementioned persons. This article is considered a third-party clause that is or is deemed to have been accepted by these third parties.
31. Van den Broek Advocaten is not liable for any act or omission or any damages related thereto caused by a third party engaged by Van den Broek Advocaten or proposed to the client nor for third parties that are members of a national or international network or cooperation in which Van den Broek Advocaten participates. Van den Broek Advocaten is, in the case of engaging a third party, authorized to accept on behalf and for account of the client any limitation of liability used by such third party.
32. The client indemnifies Van den Broek Advocaten and its associated persons for any claim made by any third party (including the costs incurred and to be incurred by Van den Broek Advocaten and its associated persons relating to this claim) to the extent, in any way, connected with or arising from the engagement and/or services rendered by Van den Broek Advocaten and its associated persons or any defect therein or arising from tort, except in cases of willful misconduct or gross negligence by Van den Broek Advocaten.
33. Any professional liability of Van den Broek Advocaten is limited to the amount paid in the relevant case under Van den Broek Advocaten’s professional liability insurance, increased with the amount of the insurance deductible as stated in the policy conditions and not payable by the insurer. The professional liability insurer of Van den Broek Advocaten is AIG Europe Limited, Netherlands, located at KP van der Mandelelaan 50, 3062 MB Rotterdam, The Netherlands. Further details regarding the professional liability insurance are available upon request. If for any reason whatsoever no payment under the insurance policy takes place, the total liability arising out of or in connection with the services rendered (or lack thereof) is limited to the amount paid by the client to Van den Broek Advocaten related to the services rendered in connection to the damage caused during the period of 12 months prior to the liability claim, subject to a maximum of EUR 50,000. The aforementioned limitation shall not apply in cases of willful misconduct or deliberate recklessness of Van den Broek Advocaten.
34. In the event of any damage to persons or property caused by Van den Broek Advocaten, the aforementioned article 31 of these Terms and Conditions shall apply mutatis mutandis to the general liability insurance of Van den Broek Advocaten, whereby in the absence of any payment under this general liability insurance, the liability of Van den Broek Advocaten is limited to EUR 25,000.
35. The time limit for the validity of any claim made against Van den Broek Advocaten and/or any (legal) person mentioned in article 2 of these Terms and Conditions is 6 months after the claimant party was aware or should have been aware of the circumstances causing the damage and in any way 12 months after the relevant services having been performed by Van den Broek Advocaten, without prejudice to any applicable shorter statutory period.
36. Van den Broek Advocaten excludes any and all liability resulting from or in any way connected with the insolvency or other non-performance of obligations of or by any bank, financial institution or other third party.
37. The limitations of liability as stated in these Terms and Conditions also apply to the improper functioning of equipment, software, databases, registers or other means as used by Van den Broek Advocaten for providing its services, all without any exception, as well as the interception of audio and/or data transmissions by telephone, fax or e-mail. All e-mail, data, audio, fax and telephone communications are unencrypted unless the client explicitly requests otherwise in writing beforehand and pays for the additional expenses. Van den Broek Advocaten is, using standard virus protection, not liable for any damages in connection with or arising from viruses, including but not limited to damages associated with or caused by defects resulting from conveyed or transferred data files, damage to other files or data on the client’s or third party’s computer systems and the costs of remedying or repairing such damage.
38. When the client has sent messages to Van den Broek Advocaten that are important in his view, the client needs to verify whether these messages have timely and without any defect reached the addressee at Van den Broek Advocaten.
39. Van den Broek Advocaten is not liable for any loss of data or unauthorized access to data occurring in spite of the care taken by Van den Broek Advocaten. Van den Broek Advocaten is not liable for loss of data or unauthorized access resulting from the transmission of data over public networks or the use of third party’s networks and systems.
Notice of termination
40. Each party is entitled to terminate the engagement and the provision of services by giving notice to the other party, if requested with immediate effect. The client remains liable to pay for the services rendered prior to such notice.
Miscellaneous
41. The Van den Broek Advocaten attorneys are registered as attorney in The Netherlands with the Dutch Bar Association, Neuhuyskade 94, 2596 XM The Hague, The Netherlands, +31 70 335 35 35, info@advocatenorde.nl.
42. Van den Broek Advocaten is entitled to amend or substitute these Terms and Conditions as well as the Office Complaints Policy at any time. These amended or substituted Terms and Conditions shall apply to all new and ongoing engagements, unless the client notifies in writing not to accept these amended or substituted Terms and Conditions within two weeks after receipt thereof.
43. The legal relationship between the client and Van den Broek Advocaten and the services rendered by Van den Broek Advocaten are exclusively governed by Dutch law, without regard to any choice of law rules of Dutch private international law. Disputes shall be submitted exclusively to the competent court in Utrecht, The Netherlands, without prejudice to Van den Broek Advocaten’s entitlement to submit a dispute to a court which would be competent if the former sentence were absent.
44. These Terms and Conditions are drawn up in Dutch and English language and have been filed with the Commercial Register of the Chamber of Commerce under number 64500950 and 61811939. The Dutch text shall prevail over the English text. These Terms and Conditions are also available at the offices of Van den Broek Advocaten or will be sent upon request.
Hippisch advocaat
Our office
Kromme Nieuwegracht 11
3512 HC UTRECHT
+ 31 (0) 30 20 83 057
Social
