Terms & Conditions
1. VAN RAPPARD MINNEBOO KLINGENBERG (“VRMK”) is a partnership. The firm is registered with the Chamber of Commerce in the Netherlands under number 64576116. The lawyers of VRMK are registered with the Dutch Bar Association in The Hague, the Netherlands, telephone: +31 (0)70 335 35 35, info@advocatenorde.nl.
2. Assignments are accepted only by an individual partner. Article 7:407 paragraph 2 and Article 7:409, paragraph 2 of the Dutch Civil Code shall not apply. Liability of partners and employees of VRMK not involved in the assignment is excluded.
3. Execution of assignments is done exclusively for the benefit of the client. Third parties cannot derive any rights.
4. These terms and conditions apply to all agreements entered into with VRMK or any of its partners or employees, (continued) assignments or work performed by them, regardless of the capacity in which a service is provided. These terms and conditions shall also apply with regards to any third parties engaged by VRMK in the performance of an assignment.
5. f the result or content of the work carried out by VRMK is provided to any third party, the client shall indicate to that third party that the work was carried out under these terms and conditions. If that third party uses the result or content of the work carried out by VRMK in any way, that third party shall be bound by these terms and conditions.
6. VRMK can, in the execution of assignments, engage third parties. VRMK will select and engage such third party with due care. VRMK is hereby authorized, also on behalf of the client, to accept any limitations of liability, jurisdiction and choice of law clauses of such a third party. VRMK, its partners and employees are not liable for any act or omission by such third party.
7. Any liability of VRMK, its partners or employees, insofar not excluded, shall be limited to the sum of the amount paid under the professional liability insurance of VRMK and the amount of the policy excess (‘eigen risico’). This insurance has a maximum coverage of EUR 1.000.000. If no payment is made under the insurance, the liability of VRMK is limited to the fees charged in connection with the assignment, with a maximum of EUR 15.000.
8. The client shall indemnify VRMK, its partners and employees against any liability above the liability as limited in article 7 as well as against all third-party claims (including reasonable legal costs and fees). All claims against VRMK, its partners, or employees shall expire (‘verjaren’) one year after the client or a third party became or could have become aware of the damage and VRMK’s liability, and in any case, one year after the invoice for the VRMK services to which the liability relates was sent.
9. For the execution of an assignment by VRMK, the client shall pay the agreed fee, plus disbursements and VAT. Disbursements are costs actually incurred by VRMK on behalf of the client. Invoices are sent monthly or depending on the progress of the assignment. The payment period is 14 days from the date of the invoice. VRMK may require an advance payment. The activities may be suspended until the advance is paid.The relationship between VRMK and the client is governed by Dutch law. The complaints procedure applies to the services provided by VRMK. The competent court in Amsterdam has exclusive jurisdiction regarding disputes between the client and VRMK.
10.These terms and conditions have been drafted in Dutch and English. The Dutch text shall prevail. These terms
and conditions have been deposited with the Chamber of Commerce in Amsterdam under reference: 64576116.
COMPLAINTS PROCEDURE
11. In case of complaints the client is requested to firstly address the lawyer handling the specific matter. If this does not lead to a solution of the complaint, the client may submit the complaint to the complaint officer, Mr. G.F. van Rappard. If the complaint concerns him, or if he is not available, the complaint may be submitted to the alternative complaint officer, Mr. J.R. Minneboo.
12. After the receipt of a complaint, the complaint officer will discuss the complaint with the relevant lawyer or staff member and will give both parties the opportunity to express their views regarding the complaint.
13.The complaint officer will handle the complaint within a month after receipt of the complaint and will sent its opinion, with or without recommendations, to both parties in writing. If it is not possible to handle the complaint within a month, the complaint officer will notify both parties stating the reasons for the delay and setting a term within which the complaint will be handled.
14. If the complaints procedure leads to a satisfactory solution of the complaint, an agreement detailing said solution will be concluded in writing and will be signed by both parties and the complaints officer.
15.Complaints must be submitted within three months of the date on which the complainant became aware, or could reasonably have become aware, of the acts or omissions that gave rise to the complaint.
16. No fees will be charged for the handling of the complaint.
17. The complaints procedure applies to all persons working under the responsibility of the lawyers.
