1. DingemansVanderKind (below: DvdK) is a partnership of natural persons and legal entities. A list of the members of the partnership, i.e. the partners, will be provided upon written request.
2. These general terms and conditions apply to the partners, former DvdK partners and any persons associated with or employed by DvdK in the past or present in any manner whatsoever.
3. All work is carried out on the basis of a contract for services with DvdK (below: the contract). Sections 404 and 407(2) of Book 7 of the Dutch Civil Code (Burgerlijk Wetboek) do not apply.
4. Services are provided only on behalf of and for the benefit of the commissioning party (below: the client). Third parties can derive no rights from the work carried out by DvdK or from the results of that work.
5. Fee statements sent by DvdK are due and payable within thirty (30) days. Failure to pay within the stipulated period will cause the client to be in default.
6. DvdK may engage third parties in providing its services. It will do so in consultation with the client to the extent possible. DvdK will not be liable for any error or breach of contract on the part of the third party or parties it engages. DvdK is authorised to accept a third party’s limitation of liability on the client’s behalf.
7. DvdK’s liability will be limited to the amount paid out under its professional liability insurance plus the excess stipulated in the policy conditions. Information on the policy conditions will be provided at the client’s written request.
8. If for any reason whatsoever no payment is made under the terms of the insurance, DvdK’s liability will be limited to the total fees charged by it in connection with the relevant services. However, its liability will in no event exceed EUR 50,000.
9. Any claims which the client or third parties may have against DvdK will lapse after the expiry of twelve (12) months since the client or third party became aware or could have reasonably been aware of the existence of those claims.
10. By way of derogation from Section 412 of Book 7 of the Dutch Civil Code, any right of action against DvdK for the surrender of documents which came into its possession in connection with the services is prescribed by the passage of twelve (12) months after the start of the day following the day on which its involvement ended.
11. DvdK does not warrant that its messages will be received properly and in good time, regardless of how they were sent. With respect to communication by electronic means, including email, DvdK will not be liable for any loss or damage caused by viruses or other dispatch irregularities.
12. The client will indemnify DvdK against any and all claims by third parties and will reimburse all reasonable costs incurred by DvdK to defend itself against such claims.
13. The contract may be terminated by either the client or DvdK, optionally with immediate effect, by giving notice in writing. Upon giving notice to terminate the contract, the client will be obliged to pay the fees for the work carried out until the date the contract is terminated.
14. DvdK is affiliated with the Complaints and Dispute Settlement Scheme for the Legal Profession (Klachten- en Geschillenregeling Advocatuur). Any dispute arising from the conclusion and/or performance of the contract, including disputes concerning fee statements, will be settled in accordance with the Rules of the Disputes Committee for the Legal Profession (Reglement Geschillencommissie Advocatuur). If the dispute is related to a contract for services with a private client, the Rules will provide for a binding opinion, unless the client applies to the ordinary court within one month after the lawyer has settled the complaint. If the dispute involves the collection of an amount payable by a private client, the opinion will be binding only if the client deposits the outstanding amount with the Disputes Committee. If the client fails to do so, the collection will be settled by arbitration. If the dispute is related to a contract for services with a corporate client, the Rules will provide for arbitration. In the event that DvdK does not succeed in resolving a complaint about the performance of the contract with the client, the client will have the option to submit the complaint to the Disputes Committee for the Legal Profession.
15. These general terms and conditions will apply to all contracts for services accepted by DvdK, including any additional and/or subsequent contracts. DvdK is authorised to amend these general terms and conditions unilaterally. If DvdK exercises the aforesaid authority, it will notify the client of that fact immediately by providing a copy of the amended general terms and conditions, whereupon the latter will take effect.
16. The contract will be governed exclusively by Dutch law.
These general terms and conditions were filed on 10 June 2011 at the Registry of the Amsterdam District Court (under number 61/2011). The partnership DvdK has its registered office in Amsterdam and is registered at the trade register under number 34329210.