Terms & Conditions
- Davids Advocaten B.V. (“Davids Advocaten”) is a private company with limited liability (besloten vennootschap) incorporated under the laws of The Netherlands with registered office in Amsterdam whose legal practice is conducted by lawyers, in the broadest sense of the term and by other persons engaged by Davids Advocaten.
- These General Terms apply to all work performed or to be performed by or on behalf of Davids Advocaten and to all legal relations of Davids Advocaten with third parties.
- Davids Advocaten is the exclusive contracting party in respect of all commissioned work. All assignments (opdrachten) shall be exclusively accepted and performed by Davids Advocaten The applicability of Sections 7:404 and 7:407 (2) of the Civil Code (Burgerlijk Wetboek) is expressly excluded.
- To assist Davids Advocaten in verifying the identity of its clients, as required by the Financial Services Identification Act (Wet Identificatie bij Dienstverlening), the client will provide Davids Advocaten with all relevant documentation. Davids Advocaten reserves the right to suspend performance of the engagement until the aforementioned documents have been received.
- If third parties are to be involved in connection with work commissioned to Davids Advocaten, Davids Advocaten shall, if and to the extent possible, consult with the client in advance and shall exercise due care in selecting such third party agents. Davids Advocaten shall not be liable for any failure or default by any such third party in the performance of its services. Davids Advocaten has the right to accept, on behalf of the client, any limitation of liability stipulated by any such third party.
- Any and all liability of Davids Advocaten in respect of any work performed or to be performed by or on behalf of Davids Advocaten or otherwise relating to an assignment given to Davids Advocaten, shall be limited to the amount which can be claimed in the particular case under the professional liability insurance(s) taken out by Davids Advocaten, increased by the amount which Davids Advocaten has to bear as its own risk in that particular case pursuant to the terms of such insurance(s).
- Except in the event of wilful misconduct or gross negligence on the part of Davids Advocaten, the client shall indemnify Davids Advocaten and hold Davids Advocaten harmless from and against all claims, demands and actions at any time made or brought by any third party against Davids Advocaten and which directly or indirectly result from or relate to the work or services performed or to be performed by Davids Advocaten for the client or otherwise relate to the assignment given by the client to Davids Advocaten, including without limitation any damages, costs and expenses incurred by Davids Advocaten in connection with any such claim, demand or action.
- Davids Advocaten will not be liable for loss resulting from the use of electronic and other communication media, including loss resulting from non-delivery or delayed delivery of electronic messages or interception or manipulation of electronic messages by third parties or by software or hardware used for the electronic communication and transmission of viruses and other malicious software.
- Davids Advocaten cannot guarantee the confidentiality of electronic and other communication media.
- Unless otherwise agreed, Davids Advocaten renders its services on advance payment basis. The fees for services rendered mature immediately after the services have been performed and in accordance with the terms as set out below. The client shall pay to Davids Advocaten a fee which is calculated on the basis of the number of hours worked multiplied by the applicable hourly rates, as such rates will be determined by Davids Advocaten from time to time. In addition to the fee, the client shall be obliged to pay to Davids Advocaten the out-of-pocket expenses paid by Davids Advocaten on behalf of the client and a compensation for regular office costs (such as postage, telephone, fax and photocopying costs) determined at a percentage of the fee. All amounts due shall be increased by the turnover tax due thereon at the rate prevailing from time to time.
- The invoices of Davids Advocaten must be paid within fourteen (14) days from the invoice date. If an invoice is not timely paid, Davids Advocaten has the right to charge interest on the unpaid amount at the statutory rate from the fifteenth (15th ) day following the invoice date.
- The legal relation between Davids Advocaten and the client or other third party shall be governed by, and shall be construed in accordance with, Dutch law.
- All disputes arising from or in connection with (i) the work performed by or on behalf of Davids Advocaten or commissioned to Davids Advocaten and/or (ii) the legal relation of Davids Advocaten with the client or other third party, shall be submitted to the exclusive jurisdiction of, and shall be exclusively decided by, the competent court in Amsterdam, without prejudice to the right of appeal and appeal to the Supreme Court.
- The terms and conditions contained in these General Terms have also been made and stipulated for and in favour of the managing directors (bestuurders) and the shareholders of Davids Advocaten, the managing directors of such shareholders and all persons who work or have worked for Davids Advocaten, whether as partner (as referred to above), employee, advisor, third party agent or in any other capacity whatsoever.
- These General Terms have been drawn up in the Dutch language and in the English language. In case of a difference or discrepancy between the Dutch text and the English text of these General Terms or in case of a difference in the interpretation thereof, the General Terms drawn up in the Dutch language shall prevail.
Amsterdam, May 2005