General Terms and Conditions
Amsterdam Legal Services B.V.
1.1 These general terms and conditions apply to all assignments given to Amsterdam Legal Services (Chamber of Commerce 75663880), as well as additional assignments and follow-up assignments, and to legal relationships that arise from or are related thereto.
1.2 Amsterdam Legal Services is a law firm under the supervision of the Dutch Bar Association.
1.3 These general terms and conditions are stipulated also for the benefit of legal entities or persons who are directly or indirectly involved in any way in connection with the assignment given to Amsterdam Legal Services, or for whose acts or omissions Amsterdam Legal Services could be liable.
2. The assignment
2.1. All assignments are deemed to have been given to and are only accepted by the individual attorney who has accepted the assignment from his client. Only the attorney with whom the service agreement is entered into can be liable. The operation of articles 7: 404 and 7: 407 paragraph 2 Dutch Civil Code is excluded.
2.2. The execution of the assignment given is exclusively for the benefit of the client. Third parties cannot derive any rights from the assignment or the work performed, except to the extent that it follows from Article 1.3.
3.1. When entering into the assignment, the lawyer will indicate which hourly rate will be applied in the performance of the assignment. Unless explicitly stated otherwise, this rate is exclusive of VAT and excluding any disbursements. Amsterdam Legal Services has the right to adjust the hourly rate applied annually. In the case of an increase, this will only be applied 1 month after notification.
4. Costs and disbursements
4.1. Disbursements are costs paid by Amsterdam Legal Services for its client (such as court fees and costs for third parties, such as bailiffs, medical advisers, experts, etc.). These disbursements are charged at cost price.
4.2. Time spent on business trips in the context of handling the assignment will be charged at the agreed hourly rate. In addition, travel costs amounting to € 0.19 per kilometer traveled can be charged.
5. Advance payment
5.1. Amsterdam Legal Services reserves the right to request an advance payment before the execution of the assignment is commenced, or to request an interim advance payment before the execution of the assignment is continued. An advance payment is settled at the end of the assignment with the last invoice (s).
6. Payments and suspension
6.1. The fee and disbursements are billed periodically in arrears. Unless explicitly agreed otherwise, payment of the amount stated on the invoice will be made within 14 days after the invoice date. From the expiration of the payment term, the client will be in default and will pay interest on the invoice amount without further notice of default. The interest to be reimbursed is equal to the statutory commercial interest. In the event of late payment, the client is furthermore obliged to pay a full compensation for both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and collection agencies. The extrajudicial costs are calculated according to the collection rate of the Dutch Bar Association with a minimum of € 250,00.
6.2. The attorney reserves the right – after notifying the client of this – to suspend, cease or terminate the handling of the file or the performance of the agreed work when and as long as the client has left any invoice or advance of the attorney unpaid beyond the payment term referred to above. Amsterdam Legal Services is not liable for damage caused by this suspension of work.
7.1. Amsterdam Legal Services and the attorney hold a professional liability insurance. Any liability of the attorney for damage to the client as a result of a shortcoming in the performance of the assignment is limited to the amount that is paid out by the professional liability insurance in the case concerned, plus the amount of the excess in accordance with the insurance contract.
7.2. In the event that for whatever reason no payment is made by the aforementioned insurance, any liability is limited to direct damage only up to an amount equal twice the fee invoiced in the relevant case in the twelve months prior to the event that caused the liability, with a maximum of € 25,000.
7.3. Without prejudice to the provisions of art. 6:89 of the Dutch Civil Code, a claim for damages lapses in any case if the attorney of Amsterdam Legal Services has not been notified of this in writing within six months after the client became known or could reasonably have been aware of the event from which the damage arose.
8. Involvement of third parties
8.1. Amsterdam Legal Services is authorized to involve third parties (such as other lawyers/attornies, bailiffs, civil-law notaries, medical advisers and other experts) in the performance of the assignment, insofar as Amsterdam Legal Services deems this desirable for the performance of the assignment.
8.2. Amsterdam Legal Services is not liable for errors by these third parties engaged.
8.3. All assignments given to Amsterdam Legal Services also include the authority to accept a limitation of liability and/or other special contract conditions on behalf of the client from third parties as mentioned under 8.1, in which case Amsterdam Legal Services may refer to this limitation and/or conditions to the extent that it concerns a limitation under the assignment by that third party.
9.1. The file belonging to the case handled by Amsterdam Legal Services is stored after completion of the assignment, in accordance with legally determined retention periods, after which the Amsterdam Legal Services is free to destroy the file. The client is advised to save important documents and only destroy them if required by law or regulations.
10.1. In the context of the services provided by Amsterdam Legal Services, the client may provide personal identifiable information of individuals or third parties employed by the client. On the basis of the General Data Protection Regulation (GDPR), both Amsterdam Legal Services and the client within the definition of the GDPR qualify in that case as being a controller. In implementation of the obligation under Article 26 of the GDPR, the following applies with regard to the services provided by Amsterdam Legal Services:
• the client guarantees, if it provides personal data to Amsterdam Legal Services, that the personal data is correct;
• the client guarantees that it has complied with the obligation to provide information to its employees and other individuals working within its organization, all of which are referred to in Article 13 GDPR;
• due to the professional confidentiality of Amsterdam Legal Services and its attorney, it is not legally obliged to provide information to data subjects within the meaning of the GDPR concerning the processing by it of the personal data it receives from the client;
• it is the joint responsibility of Amsterdam Legal Services and the client to ensure a secure way of processing personal data, for example through encryption or password protection, as well as data protection agreements have been concluded with any processors they engage and that these processors are adequately screened;
• It is the joint responsibility of Amsterdam Legal Services and the client to ensure that appropriate technical and organizational measures are taken to ensure and demonstrate that the processing of personal data is carried out in accordance with the GDPR.
10.2. Parties agree in case a data subject within the meaning of the GDPR reports to Amsterdam Legal Services to enforce a right from the GDPR, mutually agree whether and to what extent this right should be honored, as well as who is the most designated party to respond to request.
11.1. Amsterdam Legal Services offers a complaint procedure. Information about the complaints procedure is available at www.amsterdamlegalservices.com. Upon request, a copy of the scheme will be provided by email. The regulation states how a complaint can be submitted. The procedure is only available in Dutch.
12. Applicable law and jurisdiction
12.1. Dutch law applies to the legal relationship between Amsterdam Legal Services and the client.
12.2. In the event a complaint cannot be resolved internally, the client is entitled to submit the dispute to the Disputes Committee. A decision by the disputes committee is binding. See: www.degeschillencommissie.nl.
12.3. In all other cases, the court in the Amsterdam district has exclusive jurisdiction to rule on any dispute between Amsterdam Legal Services and the client.