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General terms and conditions of Guldemond Advocaten B.V.

  • Guldemond Advocaten B.V. (“Guldemond Advocaten”) is a private limited liability company incorporated under Dutch law. Guldemond Advocaten is based in Amsterdam and is registered with the Chamber of Commerce under number 86126792.
  • The engagement between Guldemond Advocaten and the client constitutes an agreement for services under Dutch law. All engagements are performed exclusively subject to these general terms and conditions. Guldemond Advocaten shall be deemed to advise solely on Dutch law, unless the parties have agreed otherwise in writing. Guldemond Advocaten undertakes obligations to exercise due care and skill, not obligations to achieve a particular result. Instructions given to persons working at Guldemond Advocaten are considered to have been given exclusively to Guldemond Advocaten, even if the intention is for a particular person to perform the engagement. The application of Articles 7:404, 7:407(2) and 7:409 of the Dutch Civil Code is excluded.
  • These general terms and conditions apply to every engagement, including any follow-up or additional engagement given to Guldemond Advocaten or to persons working at Guldemond Advocaten. “Persons working at Guldemond Advocaten” means all current or former direct or indirect subordinates, current or former employees, current or former shareholders of Guldemond Advocaten, those shareholders’ practice companies, the current or former directors and shareholders of those practice companies, current or former advisers to Guldemond Advocaten and other persons engaged by Guldemond Advocaten to assist in its work.
  • By instructing Guldemond Advocaten, the client waives the right to hold persons working at Guldemond Advocaten liable on any basis whatsoever.
  • Guldemond Advocaten maintains professional indemnity insurance. This insurance covers losses up to EUR 5,000,000 per claim. If the client’s interest to be insured exceeds the insured amount, Guldemond Advocaten will, upon written request, endeavour to arrange higher cover at the client’s expense.
  • If the performance of an engagement gives rise to liability on the part of Guldemond Advocaten, that liability shall be limited to the amount paid out in the relevant case under Guldemond Advocaten’s professional indemnity insurance, plus the deductible borne by Guldemond Advocaten in that case under the applicable insurance policy.
  • Without prejudice to Article 6:89 of the Dutch Civil Code, any claim against Guldemond Advocaten and/or persons associated with it shall in any event be time-barred unless proceedings concerning that claim are commenced before the competent court within twelve months after the event causing the loss was discovered or should reasonably have been discovered. Guldemond Advocaten shall only be deemed to undertake the interruption of expiry periods if Guldemond Advocaten and the client have expressly agreed this in writing in the engagement agreement.
  • Unless expressly agreed otherwise in writing, Guldemond Advocaten charges a fee for its services calculated by multiplying the hours spent on the matter by the lawyers involved by their applicable rates from time to time, with VAT and a reasonable office expenses surcharge added.
  • Guldemond Advocaten may adjust its hourly rates periodically. In doing so, it will seek, as far as possible and having regard to the circumstances, to charge a reasonable fee. All external costs incurred in performing an engagement that fall outside office expenses, such as court fees, travel expenses and bailiff, courier, delivery, interpreting and translation costs, will also be charged as disbursements. Guldemond Advocaten may also require payment of an advance. Any advance paid will be set off against the final invoice.
  • Invoices are normally issued monthly. VAT is charged where applicable. Invoices must be paid within 14 days of their date. If the client fails to pay within that period, Guldemond Advocaten may suspend its work with immediate effect without being liable to compensate for any resulting loss. If a client acting in the course of a profession or business fails to pay on time, statutory commercial interest is due from the payment deadline and Guldemond Advocaten may charge extrajudicial collection costs assessed at 15% of the principal sum.
  • If any objections concerning an invoice have not been notified to Guldemond Advocaten within 14 days, the client is deemed to have accepted the invoice and the underlying work and records.
  • Guldemond Advocaten may retain file documents solely as digital copies or scans and destroy documents that have been scanned. Guldemond Advocaten may destroy a file five years after the matter is closed, without further notice. If the client wishes an original document supplied to Guldemond Advocaten to be retained, the client must state this in writing when supplying it. The document must be requested back without delay and in any event within three months after the file is closed.
  • When engaging third parties, Guldemond Advocaten will consult the client in advance wherever possible. The client authorises Guldemond Advocaten to accept limitations of liability and other general terms and conditions of third parties on the client’s behalf. Guldemond Advocaten is not liable for third parties’ errors or shortcomings in performing their work.
  • The client shall indemnify Guldemond Advocaten against all third-party claims, including legal costs, connected in any way with the work performed for the client, unless those claims result from intent or gross negligence on the part of Guldemond Advocaten.
  • Guldemond Advocaten will treat confidential information received from the client in connection with the engagement as confidential, in accordance with applicable laws and regulations. The client authorises Guldemond Advocaten to communicate with the client electronically, unless the parties have agreed otherwise in advance.
  • Every provision of these general terms and conditions may be invoked by all persons working at Guldemond Advocaten, in whatever capacity, and by their legal successors. All provisions made for the benefit of Guldemond Advocaten in these terms and conditions shall constitute an irrevocably agreed third-party stipulation for their benefit within the meaning of Article 6:253 of the Dutch Civil Code.
  • Guldemond Advocaten’s office complaints procedure also applies to all engagements between Guldemond Advocaten as service provider and third parties. This procedure is available free of charge on request and can be consulted at www.guldemondadvocaten.nl. If internal complaint handling does not resolve the matter, all disputes relating to Guldemond Advocaten’s services, including fee disputes, shall be resolved in accordance with the Rules of the Disputes Committee for the Legal Profession (Geschillencommissie Advocatuur), without prejudice to Guldemond Advocaten’s right to apply to the courts if the client has not referred a fee dispute to the Committee within fourteen days after being required to pay. If the client is a consumer, the Committee shall decide by way of a binding opinion, unless the consumer applies to the courts within one month after the lawyer has dealt with the complaint. If a consumer client fails to deposit the outstanding amount with the Committee as required by those Rules, arbitration shall apply. Disputes with business clients shall be resolved by arbitration. The Rules of the Disputes Committee for the Legal Profession will be supplied on request.
  • Under applicable laws and regulations, including the Dutch Money Laundering and Terrorist Financing (Prevention) Act, Guldemond Advocaten is required to establish clients’ identities and, in certain circumstances, report unusual transactions to the authorities. All personal data is processed in accordance with the General Data Protection Regulation (“GDPR”).
  • The legal relationship between the client and Guldemond Advocaten is governed exclusively by Dutch law. The competent court in Amsterdam has exclusive jurisdiction over disputes arising from that relationship. In the event of a dispute about the content or meaning of any translation of these general terms and conditions, the Dutch text shall be binding.