General Terms and Conditions Pact advocaten
1. These General Terms and Conditions apply to all activities performed or to be performed by or on behalf of Pact advocaten B.V.
2. Pact advocaten B.V. is the sole contractor in respect of all activities, even if the instructions are explicitly or implicitly intended to be carried out by a specific person. All assignments are exclusively accepted and performed by Pact advocaten B.V.. The applicability of Book 7, Articles 404 and 407(2) of the Dutch Civil Code is explicitly excluded. Employees and partners working on behalf of Pact advocaten B.V. and the practices from which work is performed on behalf of Pact advocaten B.V. cannot be held liable by the client.
3 . Pursuant to the Money Laundering and Terrorist Financing Prevention Act (Wet ter voorkoming van witwassen en financieren van terrorisme (WWFT)), Pact advocaten B.V. is obliged to verify the identity of its clients and to report unusual transactions to the authorities. By giving instructions to Pact advocaten B.V., the client confirms that he or she is aware of Pact advocaten B.V.’s obligations under the aforementioned Act and, where necessary, grants Pact advocaten B.V. permission to disclose information insofar as this is required by law.
4 . If the activities assigned to Pact advocaten B.V. involve the engagement of third parties, Pact advocaten B.V., if and in so far as possible, will consult with the client in advance, and Pact advocaten B.V. will observe due care in selecting such third-party contractors. Pact advocaten B.V. is not liable for errors or
shortcomings of any such third party in the performance of its services. Pact advocaten B.V. has the right to accept a limitation of liability stipulated by any such third party on behalf of the client.
5 . Except to the extent that liability cannot be limited under Dutch law, any and all liability of Pact advocaten B.V. is limited to the amount paid, if any, under Pact advocaten B.V.’s applicable insurance policies in the matter concerned. If the liability is not covered by Pact advocaten B.V.’s insurance policies, then the liability will be limited to the maximum of the amount of fees which Pact advocaten B.V. has invoiced in respect of the instructions concerned in the 12 months period preceding the incident that caused Pact advocaten to be liable, with a maximum of €50.000.
6 . Not only Pact advocaten B.V., but also all (legal) persons, both persons that are in any way whatsoever connected to Pact advocaten B.V. (including but not limited to employees, partners and directors of Pact advocaten B.V.) as well as third parties who have been appointed with regard to the performance of any
assignment for a client, can rely on these General Terms and Conditions.
7 . Every client has the right to terminate his or her instructions to Pact advocaten B.V.. Pact advocaten B.V. has the same right, provided the provisions of the Attorney at law Act (Advocatenwet) and the Code of Conduct of the Dutch Bar Association are observed when terminating the instructions.
8 Pact advocaten B.V. will, in any case, be entitled to terminate the instructions and the representation at law in the event of: (1) non-payment of fees, disbursements and/or expenses; (2) the client’s failure or refusal to be forthright, cooperative or sufficiently supportive of Pact advocaten B.V.’s efforts; (3) the
client’s misrepresentation of, or failure or refusal to disclose, material facts to Pact advocaten B.V., including information which Pact advocaten B.V. is required to possess in the context of the WWFT; (4) the client’s failure or refusal to accept (and act upon) Pact advocaten B.V.’s advice; (5) discovery of a conflict of interests with another client of Pact advocaten B.V., or (6) the applicability of any other ground ensuing from, or prescribed by, the Code of Conduct of the Dutch Bar Association.
9 All rights of claim and other powers that the client has for whatever reason vis-à-vis Pact advocaten B.V. in relation to the performance of the work carried out by Pact advocaten B.V. will, in any event, lapse one year after the date on which the client became aware or could reasonably have been aware of the existence of these rights and powers. In all cases, the aforementioned rights and other powers lapse two years after
the performance of the work by Pact advocaten B.V.
1 0. Other than in the event of wilful intent or gross negligence on the part of Pact advocaten B.V., the client indemnifies Pact advocaten B.V. from and against any claims, rights and causes of action a third party may have or may lodge against Pact advocaten B.V. at any time and that directly or indirectly ensue from or are connected with the activities or services performed or to be performed by Pact advocaten B.V. for the client or that are otherwise related to the client’s assignment to Pact advocaten B.V., such inclusive of loss, damage, costs and expenses suffered or incurred by Pact advocaten B.V. in connection with any such claim, right or cause of action.
1 1. Unless agreed otherwise, the fee payable by the client to Pact advocaten B.V. will be calculated on the basis of the number of hours worked, multiplied by the applicable hourly rates as determined by Pact advocaten B.V. from time to time. In addition to the fee, any disbursements paid on behalf of the client by
Pact advocaten B.V. will be payable by the client. All the amounts payable will be increased by VAT due on those amounts at the rate as applicable from time to time.
1 2. Any fee quote or fee arrangement will not include charges for third parties (such as messenger services, external research costs, filing fees, court fees, costs of counsels and attorneys of record, translation costs) or taxes, unless expressly included. The expenses of contractors other than Pact advocaten B.V. incurred
during the course of the representation of a client by Pact advocaten B.V. will be paid directly by the client to those contractors when Pact advocaten B.V. demands such.
1 3. Clients are obliged to pay all the court fees owed by Pact advocaten B.V. in connection with their representation at law in time and in the manner specified by Pact advocaten B.V., unless agreed otherwise. If payment is not effected in time, Pact advocaten B.V. will be entitled not to bring the case to which the
court fee or filing fee relates before the court. The client is aware that this may result in the irrevocable loss of his or her claims.
1 4. Pact advocaten B.V.’s invoices must be paid within fourteen (14) days after the invoice date. Suspension, deduction, or set-off is excluded. In the event of failure to pay in good time, Pact advocaten B.V. has the right to charge the statutory interest on the unpaid amount as from the fifteenth (15th) day after the
invoice date, as well as to charge collection expenses.
1 5. Pact advocaten B.V. and the associated foundation Stichting Beheer Derdengelden Pact advocaten may retain funds of clients or third parties in the context of carrying out instructions. Pact advocaten B.V. and Stichting Beheer Derdengelden Pact advocaten B.V. will hold these funds in an account with a Dutch bank. Pact and/or Stichting Beheer Derdengelden Pact advocaten will not be liable if that bank fails to fulfill its obligations.
16. The legal relationship between Pact advocaten B.V. and the client or other third party is governed by and subject to Dutch law.
1 7. Any disputes arising from or in connection with (i) the activities performed by or on behalf of Pact advocaten B.V. or assigned to it and/or (ii) the legal relationship with the client, are subject to the exclusive jurisdiction of, and will exclusively be decided by, the competent court in Amsterdam, without prejudice to the right to appeal and appeal in cassation.
18. These General Terms and Conditions will also apply to any supplemental or amended instructions and to follow-up instructions given by clients.
1 9. These General Terms and Conditions have been drawn up in Dutch and in English. In the event of any disparity or contradiction between the Dutch text and the English text of these General Terms and Conditions or any difference in their construction, the General Terms and Conditions drawn up in Dutch
Amsterdam, 1 juli 2023