1016 GV Amsterdam
The partnership: “Croon Davidovich Advocaten”, consisting of natural and/or legal entities.
The party entering into a contract with the partnership.
The partnership and the affiliated lawyers and other natural persons and/or legal entities.
The financial compensation (proportional to time or otherwise) – excluding disbursements and office costs – which the partnership and the client have agreed upon before the execution of the agreement, or which applies to the work in question.
The costs that are made by the partnership in the interest of the execution of the agreement.
The fixed percentage additional to the fee for the recovery of the costs for office facilities.
These general terms and conditions apply to all contracts entered into with the partnership, unless otherwise agreed upon in writing beforehand.
III CONTRACT FOR PROFESSIONAL SERVICES
a. All instructions are deemed exclusively to be given to and accepted by the partnership, also if it is the explicit or implicit intension that an instruction shall be carried out by a specific person. The effect of article 7:404 Dutch Civil Code (“DCC”), which has a stipulation for the above-mentioned case, as well as the effect of article 7:407 sub 2 DCC, that establishes a joint and several liability in case two or more persons have received instructions, is entirely precluded.
b. An agreement with the partnership firstly becomes effective, after the instruction has been accepted by the partnership in writing. Regarding the establishment of an agreement, the partnership can only be represented by its affiliated lawyers.
c. The client consents to the partnership taking responsibility for the execution of the instruction by the firm or, in so far as necessary, by third parties on the instruction of the firm.
d. Instructions given to the partnership result in the obligation to perform to the best of one’s ability, not the obligation to produce a certain result. Terms agreed upon with the partnership in connection with a case are to be deemed as guidelines, not as strict deadlines.
e. The client guarantees the authenticity, the completeness and the reliability of the information, data and documents given to the partnership and/or concerned lawyer, including those received from a third party.
f. The client is aware that the secrecy guaranteed by the partnership can not be guaranteed with regard to information given by the client to the partnership via e-mail or cellular telephone.
g. The client accepts the fact that in executing the instruction statutory stipulations and rules of conduct for lawyers shall be observed and respected by the firm.
a. The client can at all times terminate the instruction by giving a notice of termination in writing.
b. The partnership or the lawyer concerned [on behalf of the partnership] has the authority to terminate the instruction, in such a manner and taking into account a notice period so that the consequences are the least detrimental to the client’s interests.
V INVOICES / DEPOSITS
a. For the execution of an instruction the client owes fee, plus office costs, BTW (Dutch VAT), disbursements, and traveling expenses, as well as and if applicable costs charged by third parties.
b. When entering the agreement with the client, the partnership charges an hourly rate as a part of the entire fee. This hourly rate may be differ for certain cases, but shall be set by the partnership or the lawyer concerned in agreement with the client. The partnership or the lawyer concerned has the right to reset the with the client agreed upon hourly rate, office costs and traveling expenses at the beginning of each new calendar year with a percentage proportionate to that of the growth of the price levels.
c. Unless otherwise agreed upon in writing, the office costs shall be an additional 7% over the amount to be charged as fee.
d.In principle the partnership invoices at the beginning of each calendar month, yet work carried out may be charged to the client at all times.
e. The partnership or the lawyer concerned has the right – before accepting and/or starting the instruction – to demand an advance payment. An advance payment shall be subtracted from the following or final invoice pertaining to that instruction.
a. Payment of the invoices from the partnership or lawyer affiliated with the partnership must be paid without delay or settling of any amounts within 14 days after the invoice date. If payment does not occur within the term stated above, the client owes an interest of 1% per month over the invoiced amount.
b. Only payment by transfer to one of the partnership’s bank accounts or payment in cash (the maximum allowed in the legal profession at the moment of payment) in exchange for a proper receipt results in discharge of the payment in question for the client.
c. Both in and out of court costs in connection with the collection of invoices, with a minimum of 15% over the amount to be collected, including the then due interest and increased by the possible disbursements, shall be charged to the client.
VI SUSPENSION WORK / RETENTION
a. If the client is in default of payment of that which is due by him, the partnership and/or the lawyer concerned – after the client has been duly informed – has the right to suspend his activities for the client. The partnership does not accept any liability for possible damages that the client and/or third party may suffer as a result of the suspension as stated above.
b. The partnership has – in so far as the rules of conduct allow this – the right of retention of all that which it has in its custody for the client, as long as the client is in default of payment of that which is owed by him.
VII THIRD PARTIES’ ACCOUNT
Money which the partnership has in its custody on behalf of the client and/or third parties shall be placed in an especially for that purpose held bank account in the name of an entity independent from the partnership, to wit the “Stichting Derdengelden Croon Davidovich” (Foundation Third Parties Croon Davidovich). To recover the costs of administration and the management of this third parties’ account, the partnership does not pay out the interest from this money, unless explicitly otherwise agreed upon in writing.
a. Any liability of the firm, the partnership, its partners, board members included, as well as the lawyer concerned for damages resulting from or connected with the execution of an instruction is at all times limited to the amount paid out under the partnership’s professional liability policy in the matter concerned.
b. Every time the firm and/or the partnership commissions third parties, the firm and/or the partnership shall exercise due care, though the firm and/or the partnership is not liable for possible shortcomings of these third parties.
c. The limited liability also applies in case the firm and/or the partnership is found liable for mistakes made by third parties commissioned by the firm and/or the partnership or for the malfunctioning of amongst other things (telecommunications) equipment, software, databases, and registers used by the firm and/or the partnership.
d. The limited liability does not apply to willful misconduct or gross negligence by the (members of) the partnership and/or its managing employees.
After finishing the instruction all the original documents of the dossier shall be returned to the cliënt at his request. The dossier in question shall be archived for the statutory term after the case has ended. During that time the dossier shall be accessible to the client against a fee for the cost of the retrieval of the dossier from the archives.
X FINAL STIPULATIONS
a. If and in so far as one of the stipulations of these general terms and conditions is null and void or is voidable, the statutory regulation for that stipulation must be observed and the remainder of the stipulations of these general terms and conditions shall remain unimpaired.
b. Dutch law is applicable to the contract for professional services between the partnership and the client.
c. Disputes shall only be settled by a competent Dutch judge and/or a Dutch judicial body, for example the “Nederlandse Orde van Advocaten” (the Dutch Bar Association).