General Terms and Conditions
Applicability and applicable law
1. These general terms and conditions shall apply to all assignments carried out by Versteegh Advocaten
2. The agreement between the client and Versteegh Advocaten shall be governed by Dutch law.
3. Only Versteegh Advocaten applies to the client as contractor. Sections 7:404 and 7:407(2) of Book 7 of the Dutch Civil Code shall not apply.
4. The performance of an assignment shall be exclusively for the benefit of and in the interest of the client.
5. Third parties cannot derive any rights from the content of the work performed. The client shall indemnify Versteegh Advocaten against claims from third parties who claim to have suffered damage as a result of or in connection with work performed by Versteegh Advocaten for the client.
6. Versteegh Advocaten shall make every effort to achieve the result desired by the client, but does not guarantee that this result will be achieved.
7. The lawyer will only engage third parties, such as a bailiff or an expert, after consultation with the client. The attorney at law will exercise due care when engaging third parties, but cannot be held liable for damage as a result of the actions of the aforementioned third party or parties.
8. The client agrees that the lawyer will have (certain parts of) the assignment carried out by one or more lawyers and/or legal assistants associated with the firm under his responsibility.
Fees and costs
9. If the work is performed on the basis of an addition, subject to the consent of the Legal Aid Board, the client must pay the associated personal contribution in advance, unless agreed otherwise in writing. If the addition is not granted, the client must pay the hours already worked and still to be worked at the standard hourly rate (€ 200.00 excl. 21% VAT), unless agreed otherwise in writing.
10. If an hourly rate is agreed, this is exclusive of 21% VAT. The hourly rate may, after consultation with the client, differ depending on the work that Versteegh Advocaten must perform in order to carry out the assignment.
11. Versteegh Advocaten will invoice on the basis of advance invoices, unless agreed otherwise in writing. This means that the client must always pay an advance invoice before work is carried out/continued. Versteegh Advocaten reserves the right to cease its activities if payment is not made.
12. Financial agreements between Versteegh Advocaten and the client shall always be confirmed in writing by Versteegh Advocaten
13. Versteegh Advocaten will not charge any separate office costs in addition to the hourly rate.
14. Any disbursements shall be for the account of the client. This includes, among other things: court fees, bailiff fees and costs for requesting extracts.
15. In the event of cancellation of an assignment, the client shall in any case be obliged to reimburse all costs already incurred by Versteegh Advocaten in the execution of the assignment.
16. The standard hourly rates of Versteegh Advocaten may be changed annually on January 1th. Already agreed hourly rates in current cases are explicitly disregarded in the event of such an increase.
17. If travel costs have to be incurred by Versteegh Advocaten for the purpose of the assignment, the client will be charged € 0.32 per kilometre.
18. Payment of the invoice shall be made, without deduction, discount or setoff, within 14 days of the invoice date.
19. If the above term is exceeded, the client shall owe statutory interest.
20. If, after sending the invoice and two reminders, payment is not made and no agreement has been reached on a payment arrangement, the invoice will be handed over to a collection agency. The personal data of the client and the relevant documents from the file will be transferred to a collection agency for the purpose of writing to the client and initiating legal proceedings against the client.
Travel expenses/travel time
21. Any travel expenses incurred by the lawyer in the execution of the assignment must be reimbursed by the client, unless otherwise agreed in writing.
22. Travel hours are billable hours.
Third party funds
23. Funds held by Versteegh Advocaten on behalf of the client shall be placed in the bank account of Stichting Derdengelden mr M.T. Wernsen. No interest shall be paid on the third-party monies as referred to herein.
24. Third-party funds shall be transferred to the client within 14 days of receipt by Versteegh Advocaten at the latest.
25. Except with the client’s express permission, third party monies will not be set off by Versteegh Advocaten against any outstanding invoices from the client.
Storage period for files
26. After the case has been completed, the case file will be destroyed. Correspondence between Versteegh Advocaten and the client, financial documents and other documents deemed relevant by Versteegh Advocaten will be archived and kept by Versteegh Advocaten for a period of 5 years. After the retention period of 5 years, Versteegh Advocaten may decide to destroy the (remaining part of the file.
27. The liability of Versteegh Advocaten and its employees shall always be limited to the amount or amounts to which the professional liability insurance taken out by Versteegh Advocaten gives entitlement.
28. If, for whatever reason, no payment is to be made on the basis of the aforementioned insurance, all liability shall be limited to the fee charged by Versteegh Advocaten in the relevant case in the relevant year, excluding other costs.