General Terms & Conditions de Familiekamer

1. Applicability
   1.1 De Familiekamer is a private company with limited liability (hereinafter referred to as de Familiekamer).
   1.2 These general terms & conditions apply to all services of lawyers, associates and employees of de Familiekamer.
   1.3 These general terms & conditions are further stipulated for the benefit of those legal entities/natural persons and third parties that directly or indirectly are involved – in whatever way – in the services provided by de Familiekamer and/or actions by all legal entities/natural persons for which de Familiekamer could be liable.
2. Assignment
   2.1 All assignments are deemed to be given to and accepted by de Familiekamer. This further applies if the express or implicit intention is that a particular natural person performs the assignment. The effects of Article 404 of Book 7 of the Dutch Civil Code and Article 407 paragraph 2 of Book 7 of the Dutch Civil Code are expressly excluded.
   2.2 The accepted assignment constitutes a best efforts obligation and not a result obligation.
   2.3 The client indemnifies de Familiekamer against (further) claims by third parties, including reasonable costs for legal assistance, that – in whatever way – are connected to activities performed on behalf of the client, unless the consequences thereof are caused by gross negligence or intent.
3. Client/commissioning party
   Client/commissioning party is the one on whose behalf activities are performed. If the assignment is provided by a different party than the client/commissioning party, we are able to request an assignment in writing by the client.
4. Fee and disbursements
   4.1 The costs of performing of the contract by de Familiekamer include the fee, 21% VAT (if applicable) and disbursements.\
   4.2 If a special form of payment has not been agreed by lawyer and client, the fee charged is based on a base hourly rate, excluding VAT. All our activities related to a case are recorded and accounted for on the invoice. The lawyer reserves the right to adjust the fee on an annual basis in line with public price trends
   4.3 We can demand an advance payment prior to the commencement of activities.
5. Payment
   5.1 The costs mentioned under Article 4(1) for the execution of the assignment are in principle invoiced to the client on a monthly basis (in arrears).
   5.2 The payment term is fourteen (14) days after the invoice date. The client is not authorised to suspend the obligation to pay invoices of de Familiekamer and/or claim for settlement.
   5.3. If an invoice is not paid within the payment term, the client is in default by operation of law and the statutory interest is owed. The client is obliged to discharge the judicial and extrajudicial costs, related to the recovery of the amount payable, de facto made in the debt collection process. In addition, the client is obliged to reimburse the paid disbursements, such as costs incurred with regard to relevant information from the population register/commercial register.
   5.4 If an invoice, despite repeated reminders, is not discharged, activities can be suspended, after the client has been notified in writing. We are not liable for damage caused because of the suspension of activities on this ground.
   5.5 The client grants de Familiekamer, as well as the “Stichting Beheer Derdengelden de Familiekamer, for which de Familiekamer thereto is authorised, express, irrevocable and unconditional permission to settle any amount received from or on behalf of the client (on the aforementioned client’s account held by the “Stichting”) or employ for payment all the client owes de Familiekamer.
6. Liability
   6.1 Any liability of the lawyer is limited to the amount paid, including the excess borne by the lawyer in connection with that insurance, in the relevant case under the professional liability insurance policy.
   6.2 Professional liability is covered by professional liability insurance.
   6.3 If third parties, engaged in connection with the execution of an assignment of the client, limit their liability, the client grants us the authority to accept such liability limitations also on his behalf. We will always exercise due care when engaging third parties. We shall not be liable for any shortcomings of these third parties.
   6.4 Without prejudice to the provisions of Article 6:89 of the Dutch Civil Code, a claim for compensation shall cease to exist if, within six months after the facts on which the claim is based were known or could reasonably have been known, that claim has not been brought before the competent court.
   6.5 Liability for indirect or consequential damages is excluded under all circumstances.
   6.6 The performance of the assignment agreement shall be exclusively for the benefit of the client. Third parties may not derive any rights from the contents of the aforementioned contract or from the work performed, even if they are directly or indirectly regarded as interested parties. De Familiekamer accepts no liability for any loss whatsoever towards third parties for work performed on behalf of a client.
7. Processing of complaints
   De Familiekamer shall exercise due care in the performance of all work. In the event of complaints from the client, de Familiekamer shall endeavour to resolve such complaints by consultation or to reach a settlement with the client. For the purpose of a careful settlement of complaints, de Familiekamer uses an internal complaints procedure. A copy will be sent to the client upon request. If after consultation the client’s complaints have not been resolved, the client is authorised to submit the complaint to the Disputes Committee for the Legal Profession (De Geschillencomissie Advocatuur). The Rules of the Disputes Committee for the Legal Profession can be requested from the secretary of the committee (address: Bordewijklaan 46, 2nd floor, 2591 XR The Hague, Postbus 90600, 2509 LP The Hague, telephone 070-3105310).
8. Complaints and Disputes Settlement Scheme for the Legal Profession
   Our services are subject to the Complaints and Disputes Scheme for the Legal Profession. All disputes that may arise as a result of the conclusion and/or performance of our services, including all billing disputes, as well as the resulting damage claims (with a maximum of € 10,000) will be settled in accordance with the Regulations of the Disputes Committee for the Legal Profession. Those rules provide for arbitration, on the understanding that in certain cases a decision by way of a binding opinion may also be chosen. In the unlikely event that we are unable to resolve the client’s complaint about our services, the client may submit his complaint to the Disputes Committee for the Legal Profession at Bordewijklaan 46 in (2591 XR) The Hague. The client agrees to the applicability of the Complaints and Disputes Scheme for the Legal Profession.
9. Termination of services
   At all times you are entitled to terminate your assignment to our office. Our office will always cooperate. It does retain the right to solely hand the files to the subsequent lawyer after all invoices have been discharged. The relationship between lawyer and client is governed by mutual trust. If one of the two parties loses trust in the other, the representation of interests should be terminated with immediate effect.
10. Archives
    After the case has been concluded, all original documents in the case file provided by the client will be returned and the remainder of the case file will be electronically stored for a period of seven (7) years. Subsequently it will be destroyed.
11. Applicable law / competent Court
    11.1 The legal relationship between de Familiekamer and its client(s) is governed by Dutch law.
    11.2 Solely the Court of The Hague, the Netherlands, is competent to hear any dispute between de Familiekamer and a client. However, de Familiekamer is entitled to submit disputes to a competent court in the place of domicile or business of the client.
    11.3 The General Terms & Conditions are drawn up in different languages; the Dutch text will take precedence in the event of any difference (in the interpretation) with regard to the contents and meaning.
12. Conclusion
    These general terms & conditions apply from the start date 1 January 2015 and are available for inspection at the company of the office. Simultaneously with the assignment confirmation, they are handed to the client, or as the case may be electronically sent by e-mail. If in reason this is impossible, the general terms & conditions are sent to the client by regular mail.