Article 1 Definitions
- Client: Voorhorst Van Waegeningh Advocaten’s contracting party.
- DCC: Dutch Civil Code.
- Consumer: a natural person acting neither in any professional capacity nor on behalf of any enterprise.
- Fee: the financial remuneration the Client has agreed to pay to Voorhorst Van Waegeningh Advocaten for the legal services the Client has commissioned it to provide him. Said financial remuneration may be invoiced pursuant to either the net number of hours put in or a fixed fee, or a combination thereof. The fee referred to shall be increased with VAT and expenses.
- Expenses: Costs incurred by Voorhorst Van Waegeningh Advocaten in the interest of its performance of the services commissioned by the Client.
- Voorhorst Van Waegeningh Advocaten: Voorhorst Van Waegeningh Advocaten B.V. is a private limited liability company, incorporated at Utrecht, listed in the trade register of the Chamber of Commerce under No. 81052200.
Article 2 Scope
- These general terms apply to any and all paid or unpaid efforts undertaken by Voorhorst Van Waegeningh Advocaten for the Client.
Article 3 Parties
- Any and all services its Clients commission with Voorhorst Van Waegeningh Advocaten, are exclusively commissioned with Voorhorst Van Waegeningh Advocaten, even in the event that such services were either explicitly or implicitly intended to be performed by a certain individual. The application of Sections 7:404 DCC and 7:407 paragraph 2 DCC is herewith excluded.
- The services commissioned will only be rendered for the benefit of the Client. Neither the services commissioned nor the tasks and duties performed will grant any third party to any rights or entitlements whatsoever.
Article 4 Rates & Fees
- Barring the Client and Voorhorst Van Waegeningh Advocaten agreeing either to any fixed fee, or any full, or partial, performance fee, Voorhorst Van Waegeningh Advocaten’s fee will be calculated pursuant to the then current and applicable hourly rates plus the applicable percentage of VAT.
- Voorhorst Van Waegeningh Advocaten’s fee will be invoiced on a monthly basis.
Article 5 Third Parties
- In the event Voorhorst Van Waegeningh Advocaten were to retain an independent company or individual in the performance of its commission, it may not be held liable by the Client for any errors made, or damages caused, by said third party. In the event that Voorhorst Van Waegeningh Advocaten were to be commissioned as the Client’s immediate or indirect representative, the Client herewith empowers Voorhorst Van Waegeningh Advocaten to accept any limitation of liability sought by said company or individual.
Article 6 Payment Terms
- Invoices are to be paid within 14 days of their invoice date. Failure to pay by this deadline will by operation of law see the Client immediately deemed in default and begin to incur interest for delayed payment at a monthly rate of 1.5%. The Client is prohibited from seeking any suspension of payment, or settlement with any of his receivables with any (alleged) claim that the Client has (or believes to have) on Voorhorst Van Waegeningh Advocaten.
- Default of payment will entitle Voorhorst Van Waegeningh Advocaten to suspend its provision of services immediately upon issuing the Client notice to that effect. Voorhorst Van Waegeningh Advocaten may not be held liable for any damages incurred as a result of said suspension of provision of services.
- If the Client is a consumer, extra-judicial collection costs regarding the unpaid fee will be incurred by the Client in accordance with the “Extrajudicial Collection Costs Decree [Dutch: Besluit Vergoeding voor Buitengerechtelijke Incassokosten]” with a minimum rate of EUR 40.
- If the Client is not a consumer, extra-judicial collection costs will be incurred by the Client at 15% of the unpaid Fee total, with a minimum of EUR 75.
Article 7 Liability
- Voorhorst Van Waegeningh Advocaten’s liability for damages incurred resulting from, or related to, the performance of the services commissioned, will, in total, remain limited to the amount covered by its professional liability insurance policy, plus the deductible listed on said policy.
- In the event that for whatever reason Voorhorst Van Waegeningh Advocaten’s aliability insurer were to decide to not pay out on said policy, Voorhorst Van Waegeningh Advocaten’s liability for damages incurred resulting from, or related to, the performance of the services commissioned, will remain limited to damages for immediate damages incurred and limited to the amount equal to the total amount in Fee invoiced by Voorhorst Van Waegeningh Advocaten over the six months prior to the event that saw the damages in question incurred, with a maximum of EUR 7,500. Voorhorst Van Waegeningh Advocaten may not be held liable for any indirect damages incurred, including loss of profit; loss of revenue; loss of, or damage to data; loss of goodwill. Voorhorst Van Waegeningh Advocaten’s liability for any damage to reputation or consequential damage incurred is herewith explicitly excluded.
- The limitation of liability contained in paragraph 2 shall not apply to damages incurred as a result of either wilful misconduct, or gross negligence, on the part of Voorhorst Van Waegeningh Advocaten.
- The firm will at all times observe the required due diligence when retaining the services of third parties. However, the firm cannot be held liable for any potential shortcomings on the part of such third parties.
- Without prejudice to any of the provisions of Section 6:89 DCC, any claims for damages brought will in any event be rendered void, if Voorhorst Van Waegeningh Advocaten was not notified of their existence within three months of the Client first becoming, or should reasonably have become, aware of the event or the omission from which the damages originated.
Article 8 Storage
- The case file will be stored for a period of five years starting on the date of completion of the services commissioned by the Client to Voorhorst Van Waegeningh Advocaten, following which Voorhorst Van Waegeningh Advocaten will be at liberty to destroy said case file.
Article 9 Dutch Money Laundering and Terrorist Financing (Prevention) Act
- Voorhorst Van Waegeningh Advocaten will, in its performance of the services commissioned, take the measures appropriate to safeguard the confidentiality of the attorney-client relationship.
- The Dutch Money Laundering and Terrorist Financing (Prevention) Act [Dutch: Wet ter voorkoming van witwassen en financieren van terrorisme (Wwft)] requires Voorhorst Van Waegeningh Advocaten to obtain proof of the identities of its Clients and, should circumstances warrant such, to notify the authorities of certain irregular transactions. In commissioning the services of Voorhorst Van Waegeningh Advocaten, the Client also confirms his familiarity with this obligation and that he will grant permission to furnish such data.
Article 10 Personal Data
- With respect to the personal data it is furnished by its Clients in the provision of its services, Voorhorst Van Waegeningh Advocaten shall act as the data controller referred to in the General Data Protection Regulation (hereinafter: GDPR). Unless otherwise indicated, Voorhorst Van Waegeningh Advocaten will only process these personal data in the provision of its services and in order to allow it to meet its obligations under the law. The Client will warrant that he is not violating the GDPR, nor any other laws in furnishing Voorhorst Van Waegeningh Advocaten personal data for the provision of its services. The Client will immediately notify Voorhorst Van Waegeningh Advocaten of any personal data no longer being correct, consequently requiring their correction and/or deletion. Insofar as the law compels him to do so, the Client will notify the data subjects concerned of the provision of personal data to Voorhorst Van Waegeningh Advocaten in accordance with the GDPR and any other applicable laws. In the event of a personal data breach as referred to in Article 34 of the GDPR, requiring Voorhorst Van Waegeningh Advocaten to notify the data subject thereof, the Client will then upon Voorhorst Van Waegeningh Advocaten’s first request, and in accordance with Voorhorst Van Waegeningh Advocaten’s reasonable instructions notify the data subject of the personal data breach.
The Client will indemnify Voorhorst Van Waegeningh Advocaten of (i) all damages incurred; and (ii) any fines issued to Voorhorst Van Waegeningh Advocaten by any supervisory authorities related to any default on one or more of the Client’s obligations stipulated in this article, the GDPR and/or any other applicable personal data protection laws.
- Further to that provided above in paragraph 1 of this article, Voorhorst Van Waegeningh Advocaten will store its Clients’ contact details for direct marketing purposes. Direct marketing purposes include, e.g., invitations to events and the mailing of newsletters.
Should the Client object to this, he may notify Voorhorst Van Waegeningh Advocaten of his objections, upon which his personal data will be immediately removed from the direct marketing database.
Article 11 Disputes
- Voorhorst Van Waegeningh Advocaten employs a dispute settlement scheme open to Clients. Please find the dispute settlement scheme made available at www.vvwadvocaten.nl, with hard copies available free of charge.
Article 12 Applicable Law, Competence and Prevailing version
- The legal relationship between Voorhorst Van Waegeningh Advocaten and its Clients is exclusively governed by Dutch law. The District Court of Central Netherlands, location Utrecht [Dutch: rechtbank Midden-Nederland, locatie Utrecht] has exclusive jurisdiction to hear in first instance any and all disputes that may arise between Voorhorst Van Waegeningh Advocaten and its Clients.
- This English text of the general terms is a translation of the Dutch text thereof. In case of a discrepancy between the English text used in these general terms and the text of the Dutch version of these general terms, the text of the Dutch version shall prevail.