General Conditions

GENERAL CONDITIONS
DE BOK ROIJERS GASSELING ADVOCATEN

1. All engagements are accepted and carried out exclusively by De Bok Roijers Gasseling Advocaten (‘De Bok Roijers Gasseling’), to the exclusion of Book 7, Articles 404 and 407 (2) of the Dutch Civil Code.
   
   
2. De Bok Roijers Gasseling is a partnership of private limited liability companies (‘professional corporations’) and/or natural persons. A list of partners of the partnership will be supplied upon request.
   
   
3. All provisions of these general terms and conditions are for the benefit of the partners of De Bok Roijers Gasseling, as well as for the benefit of the directors of the professional corporations, referred to in article 2, and all persons working for the partnership.
   
   
4. Any liability of De Bok Roijers Gasseling is limited to the amount paid out in the case at issue under the professional liability insurance entered into by De Bok Roijers Gasseling, increased by the amount of the excess which is not the responsibility of the insurers under the conditions of the policy. Information about the professional liability insurance entered into by De Bok Roijers Gasseling, and the cover thereunder, will be furnished upon request.
   
   
5. Whenever possible, De Bok Roijers Gasseling will consult with the client before engaging the services of third parties, and shall at all times observe due care in its selection of any such third parties. De Bok Roijers Gasseling is not liable for any liabilities of any third party. The client authorises De Bok Roijers Gasseling to accept any limitations of third-party liability on behalf of the client.
   
   
6. The client indemnifies De Bok Roijers Gasseling against any third-party claim that is in any way related to the work carried out for the client.
   
   
7. The complaints procedure of De Bok Roijers Gasseling is applicable to all contracts for professional services. A copy of the complaints procedure will be supplied upon request and is also available via the website.
   
   
8. Unless otherwise agreed, fees shall be calculated on the basis of the number of hours worked multiplied by the hourly rates fixed by De Bok Roijers Gasseling on at least a yearly basis.
   
   
9. Disbursements incurred by De Bok Roijers Gasseling on behalf of the client shall be charged separately. An additional sum shall be charged to cover general office costs, such as postage, phone, fax, and photocopying, calculated as a percentage of the fees charged. All amounts are exclusive of VAT.
   
   
10. In principle, services shall be charged to the client on a monthly basis, subject to a payment term of 14 days to be calculated as from the date of the invoice. In the event that an invoice is not paid in time and in full, the client is automatically in breach without the need for further demand for payment or notice of breach, and De Bok Roijers Gasseling is entitled to charge statutory (commercial) interest and to take all legal steps to collect payment. The Client must reimburse De Bok Roijers Gasseling for such collection costs, including extrajudicial collection costs, court costs and costs of attachment of property, bailiff’s costs for issuing a summons and other processes, and execution costs.
    
    
11. The Client is liable to pay negative interest and costs on moneys held in the client account of De Bok Roijers Gasseling on behalf of the Client.
    
    
12. De Bok Roijers Gasseling may be obliged by the Dutch Prevention of Money Laundering and Financing of Terrorism Act (‘the Wwft’) to verify the identity of the Client and must report any unusual transactions as defined in this Act to the relevant authorities. De Bok Roijers Gasseling is entitled to invoice the Client for any (exceptional) costs incurred by virtue of a said Wwft verification.
    
    
13. Once all action on the file is completed, the file will be kept in the file archive of De Bok Roijers Gasseling for a period of seven years, as required by law. At the end of the mandatory storage period, the file will be destroyed, unless the client gives written instructions otherwise before the end of such period.
    
    
14. The legal relationship between the client and De Bok Roijers Gasseling shall be governed by Dutch law. Disputes may only be brought before the court of first instance with relevant jurisdiction in Rotterdam.
    
    
15. In the event of any discrepancy between the English text and the Dutch text of these general terms and conditions, the Dutch text will prevail.

These general terms and conditions have been deposited at the Court Registry of the Rotterdam District Court under number 2/2023.