General terms and conditions Pact advocaten

These general conditions apply to all work performed or to be performed by or on behalf of Pact advocaten B.V.
Pact advocaten B.V. is the sole contractor for all work, even if it is expressly or tacitly intended that an assignment be carried out by a specific person. All engagements are accepted and carried out exclusively by Pact advocaten B.V. The applicability of Articles 7:404 and 7:407, paragraph 2 of the Civil Code is expressly excluded. Staff members and partners working for Pact advocaten B.V. and the practice companies from which work is carried out on behalf of Pact advocaten B.V. cannot be held liable by the client.
Pursuant to the Money Laundering and Terrorism Financing (Prevention) Act (WWFT), Pact advocaten B.V. is obliged to verify, in designated cases, the identity of clients and to report unusual transactions to the authorities. By signing an engagement letter with Pact advocaten B.V. , the client confirms that he or she is aware of the obligations of Pact advocaten B.V. under the law mentioned above and, to the extent necessary, grants Pact advocaten B.V. consent to provide information as required by law.
If the client instructed Pact advocaten B.V. to provide services that require the involvement of third parties, Pact advocaten B.V. will consult with the client in advance, if and to the extent possible. Pact advocaten B.V. will select these third-party contractors with due care. Pact advocaten B.V. is not liable for any errors or shortcomings of such third party in the performance of their services. Pact advocaten B.V. may accept on behalf of the client a limitation of liability stipulated by such a third party.
Except in cases where liability cannot be limited under Dutch law, all liability of Pact advocaten B.V. is limited to the amount paid under the liability insurance taken out by it in the case in question. If the liability is not covered by the liability insurance of Pact advocaten B.V. , the liability is limited to the maximum amount determined by the invoices sent by Pact advocaten B.V. for the relevant assignment in the 12 months prior to the incident that gave rise to the liability claim against Pact advocaten B.V. , with a maximum of €50,000.
Any claim for compensation against employees, partners or directors of Pact advocaten B.V. , persons with whom a partnership has been entered into or directors of the practice companies from which certain professionals perform their work is excluded These general conditions apply accordingly to these (legal) persons. These (legal) persons can at any time rely on this third-party clause agreed on their behalf
Every client has the right to terminate their engagement with Pact advocaten B.V. . Pact Advocaten B.V. has the same right, provided that the provisions of the Advocatenwet (Dutch Lawyers Act) and the Code of Conduct of the Dutch Bar Association are observed upon termination (if applicable).
Pact advocaten B.V. is in any case entitled to terminate the engagement and legal representation if: (1) client fails to pay fees, retainers and/or costs; (2) client fails or refuses to be open, to cooperate, or to sufficiently support the efforts of Pact advocaten B.V. ; (3) client provides incorrect information, withholds information or refuses to disclose important facts to Pact advocaten B.V. , including information that Pact advocaten B.V. need to know in light of the WWFT Act; (4) client fails or refuses to accept (and follow up on) advice given by Pact advocaten B.V. ; (5) there is found to be a conflict of interest with another client of Pact advocaten B.V. , or (6) another ground ensuing from or specified by the Code of Conduct of the Dutch Bar Association applies.
All rights of action and other powers of the client, on whatever ground, with regard to Pact advocaten B.V. in connection with the execution of the work performed by Pact advocaten B.V. , will in any case expire one year after the moment the client became aware or could reasonably have become aware of the existence of these rights and powers In all cases, said rights and powers expire no later than two years after the performance of the work by Pact advocaten B.V.
Except in the case of intent or gross negligence on the part of Pact advocaten B.V. , the client indemnifies Pact advocaten B.V. from and against all loss, damage, liability actions, proceedings costs, claims or expenses which a third at any time may have or institute or claim towards Pact advocaten B.V. and that directly or indirectly arise from or are related to the work performed or to be performed by Pact advocaten B.V. for the client or that are otherwise related to the client’s engagement with Pact advocaten B.V. , including any damage, costs and expenses incurred by Pact advocaten B.V. in connection with any such claim, entitlement or legal action.
Unless otherwise agreed, the client pays Pact advocaten B.V. fees which are calculated on the basis of the number of hours spent, multiplied by the applicable hourly rates, as determined from time to time by Pact advocaten B.V. . In addition to the fee, the client is liable to pay Pact advocaten B.V. the costs paid to third parties by Pact advocaten B.V. on behalf of the client. All amounts due are subject to VAT at the rate applicable from time to time.
Any quotation or price agreement is exclusive of costs due to third parties (such as courier services, external research costs, filing costs, court fees, costs for cause list actions, translation costs) or taxes, unless expressly agreed otherwise At first request of Pact advocaten B.V. , the client pays the costs due to third parties in connection with the legal representation of the client by Pact advocaten B.V. directly to such third party.
Unless otherwise agreed, the client pays all court fees in connection with the legal representation by Pact advocaten B.V. on time and in the manner indicated by Pact advocaten B.V. . If the client fails to pay on time, Pact advocaten B.V. is entitled not to file the case or not to appear in court in connection with the case for which court fees or a flat fee will be due The client is aware that as a result of this, their claims may be irrevocably lost
The invoices of Pact advocaten B.V. must be paid within fourteen (14) days of the invoice date. Suspension, deduction or settlement is not allowed. In case of non-timely payment, Pact advocaten B.V. has the right to charge statutory interest on the unpaid amount from the fifteenth (15) day after the invoice date, and to charge recovery costs.
Pact advocaten B.V. and the associated Stichting Beheer Derdengelden Pact advocaten can retain funds from clients or third parties in the context of the execution of engagements. Pact advocaten B.V. and Stichting Beheer Derdengelden Pact advocaten will retain these funds on a bank account with a Dutch bank. Pact advocaten B.V. and/or Stichting Beheer Derdengelden Pact advocaten are not liable if such bank fails to fulfil its obligations.
The legal relationship between Pact advocaten B.V. and the client is governed by and subject to Dutch law.
All disputes arising from or related to (i) work (to be) carried out by or on behalf of Pact advocaten B.V. and/or (ii) the legal relationship with the client, are subject to the exclusive jurisdiction of the competent court in Amsterdam, without prejudice to the right to appeal and to appeal in cassation.
These general conditions also apply to additional, amended and subsequent engagement letters concluded with the client.
These general conditions have been drawn up in the Dutch language and in the English language. In case of difference or contradiction between the Dutch version and the English version of these general conditions or a difference in the interpretation thereof, the general conditions drawn up in the Dutch language will prevail.

Amsterdam, 1 July 2023