These general terms and conditions apply to every engagement, including any follow-up or additional engagement, granted to the private limited liability company (besloten vennootschap) incorporated under Dutch law, Vastmans Praktijk B.V., trading under the name Vastmans Advocatuur and registered with the Dutch Chamber of Commerce under number 99656957 (“Vastmans Advocatuur”).
These general terms and conditions also apply to any subsequent or additional engagement granted to Vastmans Advocatuur or to persons working at or for Vastmans Advocatuur. “Persons working at or for Vastmans Advocatuur” means any current or former direct or indirect subordinate, current or former employee, current or former adviser of Vastmans Advocatuur, and any other auxiliary person engaged by Vastmans Advocatuur.
All engagements are accepted and performed exclusively by Vastmans Advocatuur. The applicability of Sections 7:404, 7:407 paragraph 2, and 7:409 of the Dutch Civil Code is expressly excluded. Even if it is the intention that an engagement be carried out by a specific person, the engagement shall be deemed to have been granted exclusively to Vastmans Advocatuur.
If the handling lawyer is temporarily or permanently unable to perform the engagement due to force majeure, the matter will in the first instance be taken over by a substitute lawyer. The client will be informed of such substitution and asked to consent thereto. In the absence of notice to the contrary, the client shall be deemed to have agreed to the substitution.
By granting an engagement to Vastmans Advocatuur, the client waives the right to hold any person working at or for Vastmans Advocatuur personally liable on any ground whatsoever.
Vastmans Advocatuur maintains professional liability insurance. This insurance provides coverage up to EUR 1,000,000 per claim. If the client’s insurable interest exceeds the insured amount, Vastmans Advocatuur will, upon written request, use its best efforts to obtain higher coverage at the client’s expense.
If the performance of an engagement by Vastmans Advocatuur gives rise to liability, such liability shall be limited to the amount paid out in the relevant case under the professional liability insurance, increased by the deductible borne by Vastmans Advocatuur under the applicable insurance policy.
Without prejudice to Section 6:89 of the Dutch Civil Code, any claim against Vastmans Advocatuur and/or its affiliated employees and auxiliary persons shall lapse unless legal proceedings are initiated before the competent court within twelve months after the event causing the damage was discovered or reasonably should have been discovered.
Unless expressly agreed otherwise in writing, Vastmans Advocatuur will charge fees calculated on the basis of the number of hours spent by the relevant lawyer multiplied by the applicable hourly rates in force from time to time, increased by VAT (if applicable) and/or disbursements and other expenses.
Vastmans Advocatuur is entitled to adjust its hourly rates periodically. In doing so, Vastmans Advocatuur will, as far as reasonably possible, ensure that the fee charged is reasonable in light of the circumstances. All external costs incurred in the performance of an engagement (such as court registry fees, travel expenses, bailiff’s fees, courier costs, delivery costs, interpreter and translation fees) that are not included in office overhead shall be charged separately as disbursements. Vastmans Advocatuur is also entitled to request an advance payment, which will be offset against the final invoice.
Invoices are in principle issued monthly. VAT will be charged where applicable. Invoices must be paid within 14 days of the invoice date. If the client fails to pay within this period, Vastmans Advocatuur is entitled to suspend its services immediately without being liable for any damage arising as a result. If the client is acting in the course of a profession or business and fails to pay on time, statutory commercial interest shall be due from the due date, and Vastmans Advocatuur shall be entitled to charge extrajudicial collection costs amounting to 15% of the principal sum.
If no objections to an invoice are submitted to Vastmans Advocatuur within 14 days, the client shall be deemed to have accepted the invoice and the underlying work and time records.
Vastmans Advocatuur is entitled to retain file documents exclusively in the form of a digital copy or scan and to destroy scanned originals. Vastmans Advocatuur is entitled to destroy the file five years after closure of the matter without further notice. If the client wishes to retain original documents submitted to Vastmans Advocatuur, this must be indicated in writing at the time of submission. Such documents must be collected without delay and no later than three months after closure of the file.
When engaging third parties, Vastmans Advocatuur will consult with the client as much as possible in advance. Vastmans Advocatuur is authorized by the client to accept liability limitations and other general terms and conditions of third parties on the client’s behalf. Vastmans Advocatuur is not liable for errors or shortcomings of third parties engaged in the performance of their services.
The client shall indemnify Vastmans Advocatuur against all third-party claims, including the costs of legal assistance, arising in any way from the work performed for the client, unless such claims result from intentional misconduct or gross negligence on the part of Vastmans Advocatuur.
Vastmans Advocatuur shall treat confidential information received from the client in connection with the engagement as confidential, subject to applicable laws and regulations. Vastmans Advocatuur has the client’s consent to communicate electronically, unless otherwise agreed in advance.
The provisions of these general terms and conditions are made not only for the benefit of Vastmans Advocatuur, but also for the benefit of the person or persons holding shares through their holding companies as shareholders, all other persons working for Vastmans Advocatuur, all persons engaged by Vastmans Advocatuur in the performance of any engagement, and all persons for whose acts or omissions Vastmans Advocatuur could be held liable. These persons have accepted this stipulation within the meaning of Section 6:253 paragraph 4 of the Dutch Civil Code.
The Complaints Procedure of Vastmans Advocatuur also applies to all engagements entered into between Vastmans Advocatuur and third parties. This Complaints Procedure is available free of charge upon request and can be consulted at www.vastmansadvocatuur.nl. If internal complaint handling does not resolve the matter, all disputes relating to the services provided by Vastmans Advocatuur, including fee disputes, shall be resolved in accordance with the Rules of the Disputes Committee for the Legal Profession (Reglement Geschillencommissie Advocatuur), without prejudice to the right of Vastmans Advocatuur to bring the matter before the court if the client has not submitted a fee dispute to the Disputes Committee within fourteen days after being requested to do so. If the client is a private individual, the Disputes Committee shall render a binding opinion, unless the client submits the dispute to the court within one month after the complaint has been dealt with by the lawyer. If a private client fails to deposit the outstanding amount with the Disputes Committee in accordance with the applicable Rules, arbitration shall apply. Disputes with business clients shall be resolved by arbitration. The Rules of the Disputes Committee are available upon request.
Pursuant to applicable laws and regulations (including the Dutch Anti-Money Laundering and Anti-Terrorist Financing Act), Vastmans Advocatuur is required to verify the identity of clients and, in certain circumstances, report unusual transactions to the authorities. All personal data are processed in accordance with the General Data Protection Regulation (GDPR).
Vastmans Advocatuur has entered into a cooperation and substitution agreement with the law firm Apex Advocaten B.V. in Gorinchem, The Netherlands, from which firm Mr. M.J. Noteboom and/or Mr. J.H. Huybens may act as substitute counsel. The substitute is responsible for file and case management in the event of absence or incapacity of the lawyer-owner(s) affiliated with Vastmans Advocatuur. Where applicable, substitution will be organized in consultation with the other persons involved in the matter. The client will be informed of the measures taken.
The legal relationship between the client and Vastmans Advocatuur shall be governed exclusively by Dutch law. The competent court in Rotterdam shall have exclusive jurisdiction to hear any disputes arising from or in connection with the legal relationship between the client and Vastmans Advocatuur, without prejudice to the provisions referred to above regarding the Disputes Committee. In the event of any discrepancy between different language versions of these general terms and conditions, the Dutch version shall prevail.
