These are the general terms and conditions of Lodewijk van Thiel | Advocaat ("LvT"), the trade name of Nectaro B.V., a limited liability company respectively a Dutch legal practice company with the purpose to conduct the practice of attorney (advocaat) and registered at the Trade Register under number 77558626. These general terms and conditions appear on www.lodewijkvanthiel.nl
ENGAGEMENT
1. All work is carried out on the basis of a contract for services agreed on between the Client and LvT. In these general terms and conditions "Client" means the person engaging LvT to provide services including natural persons and legal persons.
2. If LvT is engaged to provide services together with another person, legal entity or firm, LvT will only be liable for the performance of those obligations that are explicitly LvT's obligations. Article 7:404 and 7:407(2) of the Dutch Civil Code will not apply.
INVOICES
3. The Client will owe LvT the agreed fee without any right to a discount or settlement. Expenses incurred by LvT (including courier, travel costs, accommodation costs and administrative costs etc.) will be for the Client's account. Fees and expenses owed by the Client will be increased by the applicable turnover tax (VAT) as required by law.
4. The Client shall pay all invoices within 30 days of the date on which the invoice has been sent without any right to a discount or settlement. Failure to pay within the stipulated period will cause the Client to be in default.
5. If the engagement is terminated, the Client will owe the fees for the work carried out by LvT before the end of the engagement and for any subsequent work that LvT may need to do in order to transfer the matter to the Client and/or a third party.
LIABILITY
6. LvT's liability is limited to the amount that is paid out for the relevant claim under LvT's professional liability insurance including the applicable excess/deductible as stipulated in this insurance. Information concerning this professional indemnity insurance policy will be made available upon request. All other forms of liability of LvT are excluded.
7. A claim for damages will lapse in any event if LvT has not received written notice thereof no later than one year after the day on which the Client becomes aware of an event or circumstance that gives or may give rise to that claim against LvT.
8. The Client indemnifies and holds LvT harmless from and against any claims made by third parties and any other damage suffered by LvT in connection with the services and will reimburse all costs incurred by LvT to defend itself against such claims.
ENGAGING THIRD PARTIES
9. In connection with the provision of its services, LvT is, after the Client’s prior written approval, authorised to engage third parties (such as couriers, bailiffs, translators, experts and (legal/tax) counsel) where this is desirable for the provision of the services. After the Client’s prior written approval the Client is bound by the conditions agreed between LvT (in its own or the Client's name) and the third party engaged by LvT in order to provide the services. Costs that are associated in any way with the activities performed by the aforementioned third parties will be charged to the Client.
10. It is possible that engaged third parties may wish to limit their liability in relation to their services. LvT is authorised to accept a third party’s limitation of liability on the Client’s behalf. LvT is not liable in any way for any damage caused by any action or omission of third parties engaged by it.
CONFIDENTIALITY
11. LvT and the Client shall keep the services confidential, as well as everything related to the services unless disclosure is mandatory pursuant to the law or a binding decision of a court, an arbitral tribunal or a government body or, in the case of LvT, where disclosure is desirable with a view to providing the services.
12. Assignments given to LvT are performed exclusively for the benefit of the Client. The content of services provided by LvT to the Client will not in any way be provided to third parties or made available for inspection by such third parties unless LvT has explicitly given prior written consent. Third parties may not derive any rights or claims whatsoever from the performance of such services for the Client.
GOVERNING LAW
13. The legal relationship between the Client and LvT, including these general terms and conditions, is governed by Dutch law. LvT has a disputes settlement (geschillenregeling) in place which is applicable to all assignments issued to LvT, available on www.lodewijkvanthiel.nl and which will be sent on request.
14. Any disputes between the Client and LvT, which have not been settled by the disputes settlement as applicable, will be exclusively resolved in the first instance by the District Court of Amsterdam, the Netherlands.
MISCELLANEAOUS
15. LvT has registered the principle legal practice area of employment law in the Netherlands Bar’s register of legal practice areas (rechtsgebiedenregister). Based on this registration, LVT is required to obtain ten training credits per calendar year in each registered principal legal practice area in accordance with the standards set by the Netherlands Bar.
16. After the Client’s prior written approval LvT is entitled to visually set out the (trade)name and the company logo of the Client as well as other visual aspects that express the identity of the Client on LvT's website and other (digital) sources related to LvT (such as LinkedIn).
17. These general terms and conditions will apply to all contracts for services accepted by LvT, including any additional contracts. Applicability of a Client's general terms and conditions is hereby excluded.
18. These general terms and conditions are available in the Dutch and English language. In the event of any dispute arising as to the content or purport of these versions, the Dutch language version shall prevail.