These General Terms and Conditions can also be downloaded in PDF format.
In these general terms and conditions the following definitions are used:
– Zilver Advocaten: the partnership of Zilver Advocaten.
– Partners: the partners of Zilver Advocaten. A list of partners’ names will be provided on written request.
– Client: the party instructing Zilver Advocaten.
1.
All instructions, including any additional and follow-up instructions, will only be accepted and carried out by Zilver Advocaten on the basis of a contract for professional services.
2.
A contract for professional services will only come into being once Zilver Advocaten has accepted the instruction in writing. As far as the formation of an agreement is concerned, the firm may only be represented by lawyers connected with the firm.
3.
These general terms and conditions have also been drawn up for the benefit of the Partners, former partners, and all people who, in any way, work for or have worked for the partnership of Zilver Advocaten.
4.
Notwithstanding the provisions of Sections 404 and 407(2) of Book 7 of the Dutch Civil Code, all instructions will only be accepted and carried out by the partnership of Zilver Advocaten. Zilver Advocaten is entitled at all times to assign people to perform the services. This also applies in cases where an instruction has been given with a view to having that instruction carried out by a specific person.
5.
Instructions will be carried out exclusively for the Client’s benefit. Third parties may not derive any rights from the services performed and the results of those services.
6.
The partnership of Zilver Advocaten may engage third parties for the performance of the instruction. This will be done, as far as possible, in consultation with Client. Zilver Advocaten will not be liable for the errors or failings of the third parties that it engages. The partnership of Zilver Advocaten is authorised to accept a limitation of liability from third parties in Client’s name.
7.
The liability of Zilver Advocaten for damage arising from or in connection with an attributable breach of performance or tort, or which is based on any other legal ground, is limited to the amount that is paid out under its professional liability insurance, plus the excess amount as mentioned in the policy terms and conditions. Information regarding the policy terms and conditions will be provided on written request. If payment under the aforementioned insurance is not made for any reason, any liability will be limited to the amount that Client has paid Zilver Advocaten for the instruction, or part thereof, in relation to which the liability has arisen, subject to a maximum of EUR 20,000. Any claim for compensation against the Partners in their personal capacity is excluded.
8.
As soon as Client has discovered or reasonably should have discovered a possible ground for such a claim, Client will be obliged to immediately notify Zilver Advocaten of the existence of this claim and thoroughly substantiate it. All claims of Clients and third parties against Zilver Advocaten will lapse as soon as a period of one year has expired since Client or the third party became aware, or reasonably could have become aware, of the existence of those claims.
9.
Client shall indemnify Zilver Advocaten against all third-party claims and reimburse it for all reasonably incurred costs of defence against such claims.
10.
Zilver Advocaten and Client may communicate with each other by electronic mail during the performance of the instruction. Zilver Advocaten and Client will not be liable towards each other for damage arising from the use of electronic mail.
11.
The fees of Zilver Advocaten are usually calculated on the basis of the number of hours worked multiplied by the applicable hourly rate, plus reimbursement for office expenses and costs incurred (including but not limited to travelling expenses, court registry fees, local counsel’s fees, courier costs, translation costs and, in general, the costs of the third parties engaged in consultation with Client). Zilver Advocaten are entitled to make subsequent alterations to its hourly rate and reimbursement amounts that it charges. The alteration will also apply in the absence of prior notice. Zilver Advocaten will always be entitled to request a retainer for fees from Client. Zilver Advocaten will only be obliged to commence work after receipt of the retainer. The retainer will be deducted from the last invoice.
12.
Services are usually invoiced to Client on a monthly basis. Payment of Zilver Advocaten’s invoices must be made in euros within 14 days of the invoice date, failing which Client will be deemed to be in default. Client is not entitled to apply set off or to suspend payment. Once the due date has passed, Zilver Advocaten will be entitled to lay claim to the payment of statutory interest, as well as extrajudicial collection costs (which costs are jointly estimated at 15% of the capital sum).
13.
Zilver Advocaten is also entitled to set off its conditional and/or reasonably foreseeable existing or future claims against Client against that which it owes and/or reasonably will owe Client.
14.
Either of the parties may terminate the agreement, but may only do so by way of notice, if required with immediate effect. Client is obliged to pay for the services performed until the moment of termination.
15.
Zilver Advocaten has an internal complaints policy. This policy will be provided on request.
16.
The general terms and conditions have been drawn up in Dutch and English. The Dutch text will be binding in the event of any dispute regarding the content or purpose of these general terms and conditions.
17.
The contract to which these general terms and conditions apply will be governed exclusively by Dutch law. The Amsterdam District Court has exclusive jurisdiction to take cognizance of all disputes arising from the aforementioned contract and these general terms and conditions.
18.
These general terms and conditions have been filed with the Chamber of Commerce in Amsterdam under number 34328466.
