General Terms and Conditions
Article 1 Applicability
- All-Right Advocatuur is a sole proprietorship under Dutch law with the object to practise the legal profession or to have it practised, in particular the profession of lawyer.
- These general terms and conditions shall apply to each engagement granted to All-Right Advocatuur, including any follow-up engagement or amended or additional engagement.
- All terms in these general terms and conditions shall also apply in respect of any person working at All-Right Advocatuur, any person engaged by All-Right Advocatuur, and any person for whose acts or omissions All-Right Advocatuur is or may be liable.
- The applicability of any other general terms and conditions is hereby expressly excluded.
Article 2 The engagement
- The operation of articles 7:404, 7:407 and 7:409 of the Dutch Civil Code is hereby expressly excluded. This means that all engagements from clients for the provision of services shall be deemed to have been given exclusively to All-Right Advocatuur, also if it is the express or implied intention that the engagement be carried out by a particular person, also with a view to substitution in connection with illness or vacation, etc.
- Not only All-Right Advocatuur, but also all persons involved in the performance of an engagement from a client can invoke these general terms and conditions. This also applies to employees and former employees and their heirs, if any, if they are held liable upon termination of their employment with All-Right Advocatuur.
- The limitation of liability included in the second paragraph of this article shall also apply in the case where an engagement has been wrongly refused and where there may be damage or loss as a result thereof.
- All-Right Advocatuur shall be entitled to engage third parties in the performance of the engagement. The choice for a third party to be engaged by All-Right Advocatuur shall, where possible, take place in consultation with the client and with the necessary care. All-Right Advocatuur shall not be liable for any failures of such third parties, except in the case of intent (opzet) or gross negligence (grove schuld) of All-Right Advocatuur.
Article 3 Fees and disbursements
- The fee to be charged to the client by All-Right Advocatuur shall, unless expressly agreed otherwise, be calculated on the basis of time spent, multiplied by the hourly rate, to be determined annually.
- The fee payable shall cover the time spent by by All-Right Advocatuur for the benefit of the client, as well as general office expenses.
- Disbursements and other direct costs incurred by All-Right Advocatuur in the context of the engagement (like court fees, bailiff’s costs, costs of courier services, costs of extracts and costs of translations) shall be charged in addition to the fee.
- All-Right Advocatuur shall at all times be entitled to require the client to pay a retainer. Upon completion of the engagement, any retainer received by All-Right Advocatuur shall be applied towards payment of amounts owed by the client.
- The fees and disbursements payable by the client and other costs to be passed on shall in principle be charged to the client by means of interim invoices on a monthly basis.
Article 4 Payment
- Payment of invoices must be made in full within 14 days of the date of the invoice, unless a different payment period has been agreed upon. Any invoice in respect of a retainer must be paid immediately. If this time limit is exceeded, the client shall be in default and the client shall be liable for the payment of the statutory interest as referred to in article 6:119a of the Dutch Civil Code, as well as for all collection charges incurred by All-Right Advocatuur.
- In the event that the client fails to pay, additional default interest shall be payable on outstanding claims of 1% per month, where a part of a month shall be counted as a full month.
Article 5 Liability
- Any liability of All-Right Advocatuur or its former or present employees shall be limited to the amount paid out in the matter concerned under the professional indemnity policy applicable in accordance with the guidelines of the Dutch Bar Association, plus the amount of the excess, which under the policy conditions in the relevant matter shall be borne by All-Right Advocatuur. Upon request, the client shall be provided with a summary of cover and an insurance declaration.
- If, by or in connection with the performance of the engagement for the client by All-Right Advocatuur, damage is caused to persons or things, for which All-Right Advocatuur is liable, this liability shall be limited to the amount of the payment under the general liability insurance taken out by All-Right Advocatuur, including the excess to be borne by All-Right Advocatuur in connection with such insurance.
- The performance of the engagement shall take place exclusively for the benefit of the client, no rights can be derived from it by any third party.
- The client shall indemnify All-Right Advocatuur and its auxiliary persons against any and all claims of third parties, including the costs to be incurred by All-Right Advocatuur in that connection, which are in any way connected with the activities performed for the client.
- Within the context of engagements granted to it, All-Right Advocatuur shall be authorised to accept on behalf of the client a limitation of liability of third parties engaged by it in connection with the performance of the engagement.
- All claims of clients shall lapse if not submitted in writing and motivated within one year after which the facts on which the client bases his claim were, or in all reasonableness could have been, known to the client, and in any case five years after the dispatch of the final invoice.
Article 6 Complaints procedure
- All-Right Advocatuur shall deal with any complaint according to a procedure, which is described in the complaints procedure. Please refer to the website of All-Right Advocatuur for the full text of the complaints procedure: all-right.nl.
- The complaint must be submitted to All-Right Advocatuur within three months after the date on which the client was informed or could reasonably have been informed of the acts/omissions of the lawyer, which have given rise to the complaint.
- In consultation with the client, All-Right Advocatuur shall try to find a satisfactory resolution for the problem which has arisen as soon as possible. Such solution shall be confirmed to the client in writing. The client shall receive a written reaction in respect of his complaint within four weeks.
- All-Right Advocatuur is affiliated with the Disputes Committee for the Legal Profession (Geschillencommissie Advocatuur). This disputes committee has been in existence since 1 June 1999 and falls under the Foundation for Consumer Complaints Committees (Stichting Geschillencommissies voor Consumentenzaken (SGC)) and that for Profession and Business (SGB) in The Hague.
- If the consultation referred to in article 6.2 of these general terms and conditions does not result in a satisfactory solution, the client may submit a complaint to the Disputes Committee for the Legal Profession. This can only be done after the objections have been presented to All-Right Advocatuur first.
- Also if All-Right Advocatuur has not responded to this in writing within four weeks after submission of the objections by the client, a complaint may be submitted to the Disputes Committee for the Legal Profession.
- On the initiative of All-Right Advocatuur, also insoluble disputes (including unpaid invoices) may be submitted to the Disputes Committee for the Legal Profession.
- A complaint can be submitted to the Disputes Committee for the Legal Profession ultimately until 12 months after the date of the written response of All-Right Advocatuur to the objections of the client.
- The Legal Profession Disputes Committee Rules (Reglement Geschillencommissie Advocatuur) can be obtained from the secretary of the committee:
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Secretaris Geschillencommissie Advocatuur
Bordewijklaan 46 (2nd floor)
2591 XR The Hague
Tel.: 070 – 310 53 10
P.O. Box 90600
2509 LP The Hague
Article 7 Applicable law and competent court
- The legal relationship between the client and All-Right Advocatuur shall be governed by the laws of the Netherlands.
- Disputes shall be settled exclusively by the competent court in The Hague.
All-Right Advocatuur has its registered office in Wassenaar and is registered in the Commercial Register under number 55272568.