- Udink Advocaten B.V. (hereafter: “Udink Advocaten”) is a besloten vennootschap (private limited company) incorporated under Dutch law, with its registered office in The Hague, whose object is the provision of legal services. Udink Advocaten is entered in the Commercial Register under number 27195480. A list of shareholders in Udink Advocaten, or of the persons who hold shares in Udink Advocaten via their respective holding companies will be supplied on request.
- The stipulations in these general terms of business apply not only to the relationship between the Udink Advocaten and its clients, but also to the client’s relationship to all other persons employed or formerly employed by Udink Advocaten and their heirs, all persons engaged in the performance of activities on instruction by Udink Advocaten, and all persons for whose actions or omissions Udink Advocaten might otherwise be held liable.
- All instructions are accepted and performed exclusively by Udink Advocaten, even if the client’s instructions explicitly or implicitly concern work to be performed by a certain person within Udink Advocaten. The applicability of Article 7:404 Netherlands Civil Code (BW), which makes provision for the latter event, and of Article 7:407(2) BW, which stipulates joint and several liability in the event that an instruction is given to two or more persons, is expressly excluded. All other General Terms, whether in use with the client or with other parties, are expressly rejected.
- Udink Advocaten is free to determine who within Udink Advocaten will perform the necessary activities and to engage the services of third parties when deemed necessary or useful. Udink Advocaten will exercise the due care the client may expect in the performance of all tasks and in selecting other persons whose services it wishes to engage.
- Udink Advocaten shall be entitled to suspend or halt the performance of its activities if the client fails to perform his obligations, both financially and otherwise, or if Udink Advocaten is of the opinion that the necessary trust relationship with the client no longer exists. In particular, Udink Advocaten may do so, even to the extent of not appearing in court, if the client has not provided the necessary court costs in time.
- Udink Advocaten shall not be liable for any errors or shortcomings on the part of sub-contractors whose services it engages. All instructions accepted by Udink Advocaten shall implicitly authorize Udink Advocaten to accept general terms and/or limitations of liability applied by sub-contractors.
- If the performance of an instruction by Udink Advocaten should result in liability, that liability shall in all events be limited to the amount paid out in the event under the professional liability insurance taken out by Udink Advocaten, increased with the amount of the deductible which under the terms of the policy must remain for the account of Udink Advocaten.
- If, for whatever reason, no payment is made under the insurance referred to in clause 7, any liability shall be limited to no more than twice the total amount charged by Udink Advocaten for the relevant case in the year the liability event occurred, up to a maximum of EUR 50,000.
- Udink Advocaten keeps the case files for a period of 10 years after the end of the case. After this period Udink Advocaten may have the files destroyed.
- These general terms have been drawn up in Dutch and English. The Dutch text shall be binding in the event of any discrepancy in content or tenor.
- The legal relationship between the client and Udink Advocaten is governed exclusively by the laws of the Netherlands. Disputes will be settled exclusively by the District Court in The Hague, provided always that, if Udink Advocaten is acting as plaintiff, by way of departure from the foregoing it shall – at its discretion – be authorized to bring the dispute before another, domestic or foreign, court with jurisdiction over the client.
- Before the start of a case and at any moment thereafter, Udink Advocaten is entitled to ask for an advance for the fees to be paid. Udink Advocaten is entitled to suspend its activities in case an advance has not yet been paid or not paid in its entirety. At its choice, Udink Advocaten can set off the advance against the Statements, or leave the advance in full until the final accounting.
- Udink Advocaten sends out its Statements on a monthly basis. The fee is calculated according to the number of hours worked and the hourly rate as it is set by Udink Advocaten from time to time. The fees are increased with an office surcharge for indirect costs, with third party costs and with VAT, if applicable.
- The invoices will mention a payment term. If they do not, a payment term of 14 days from the invoice date will be applicable. Payment must be effected, without any set-off, in the manner mentioned on the invoice.
- If full payment has not been effected within the payment period, the client will be automatically in default. In that case he will be liable for the legal interests of article 6:119a BW from the invoice date and for the full judicial and extra-judicial costs connected with obtaining payment. Insofar these costs are in incurred by activities of Udink Advocaten and its employees, these will be estimated and imputed to the costs.
Text, choice of law, jurisdiction
- Udink Advocaten B.V. (hereafter: "Udink Advocaten") is a private limited company incorporated under Dutch law, with registered premises in ’s-Gravenhage, whose objective is the practice of law. Udink Advocaten is registered in the trade register under number 27195480. A list of eventual shareholders will be provided on request.
2. The clauses in these general conditions apply not only between Udink Advocaten and its contractual counterparty(ies) (“Client”), but where appropriate also between the client and all persons who are working or have worked for Udink Advocate as well as their successors, and/or all persons for whose actions or failures Udink Advocaten could be liable.
3. All contracts shall be exclusively accepted and executed by Udink Advocaten. This also applies when it is the express or implicit intention that a contract be executed by a certain person working at or for Udink Advocaten. The applicability of article
7:404 BW, which contains a provision for the previously mentioned case, and of article 7:407 paragraph 2 BW, which establishes a joint and several liability for cases where a contract is granted to two or more people, is expressly excluded. The applicability of
any general conditions utilized by the client are expressly rejected.
4. Udink Advocaten is free to allow designated employees of Udink Advocaten to execute the contracts which it has been granted and for which it is responsible, and where appropriate with the engagement of third parties. In the execution of the contracts granted to it, in the execution of all activities and in the selection of other persons to be engaged by Udink Advocaten, Udink Advocaten shall observe the duty of care of a professional service provider.
5. Udink Advocaten retains the right to discontinue or suspend its work on the case, in the event that the client fails to fulfil its obligations, financial or otherwise, or if Udink Advocaten is of the opinion that the necessary relationship of trust with the client is lacking. In particular, Udink Advocaten can discontinue or suspend its work on the case, including not initiating proceedings, if the client has not provided Udink Advocaten in sufficient time the means to pay the court fees owed in a court case.
6. Udink Advocaten is not liable for any mistakes or failures made by sub-contractors engaged by it. Every contract accepted by Udink Advocaten includes the authorization for Udink Advocaten to accept general conditions and/or limitations of liability utilized by sub-contractors.
7. Any liability of Udink Advocaten towards a client or any third party is always restricted to the amount that in the relevant case is paid out under the professional liability insurance of Udink Advocaten, increased by the amount of the excess borne by Udink Advocaten under the conditions of its insurance policy.
8. If for any reason whatsoever the limitation of liability as stipulated in article 7 may not have effect or full effect, any liability shall in any case be restricted to a maximum of two times the amount charged by Udink Advocaten in the relevant case in the relevant year, to a maximum of 50,000 EUR.
Storage of dossiers
9. Udink Advocaten stores all dossiers for 10 years after completion of the case. Thereafter, Udink Advocaten has the right to destroy the dossier.
10. These general conditions are written in the Dutch and English languages. In any dispute about content or meaning the Dutch text is binding.
11. The legal relationship between the client and Udink Advocaten is exclusively governed by Dutch law. Disputes shall exclusively be settled by the Court of Den Haag, on the understanding that, if Udink Advocaten is the plaintiff and in deviation from the aforementioned, it is authorized at its discretion to refer the dispute to another competent court within or outside the Netherlands.
12. Udink Advocaten has the right, prior to and at any point during the handling of the case, to request a prepayment on the sums to be charged. Udink Advocaten is entitled to suspend its services as long as a requested prepayment is not paid in full. Udink Advocaten can, if it chooses, also deduct the prepayment each time from the invoices, or leave the prepayment until the final account.
13. Udink Advocaten invoices in principle every month. The fee charged is determined on the basis of the number of hours worked and the applicable hourly rate as specified by Udink Advocaten from time to time. The fee may be increased by the amount of an office premium for indirect costs, costs charged by third parties and VAT, where applicable.
14. A payment period is stated on the invoices. If this is missing from the invoice, a payment period of 14 days from the invoice date applies. Payment must be made via the method indicated on the invoice, without any discount. Set-off is excluded.
15. If the payment period expires without full payment of the sums owed, the client is automatically in default. In this event the clients owes the statutory commercial interest (article 6:119a BW) as from the invoice date plus all judiciary and extra-judiciary costs arising from recovery of the sums owed. Where these costs relate to activities of (employees of) Udink Advocaten itself, these shall be estimated and allocated.
16. If the services of Udink Advocaten comprise acting as legal representative in court (procurator) for the benefit of another lawyer, these supplementary provisions shall apply.
17. The lawyer-client guarantees his authority to issue the contract and shall ensure timely payment of the costs charged. These costs are calculated on the basis of a tariff for procurator services to be set from time to time by Udink Advocaten.
18. The services of Udink Advocaten remain restricted to the activities which until 1 September 2008 were included in the activities of a procurator. Udink Advocaten is in particular not bound to any substantive involvement in the case. The lawyer-client is and remains fully responsible, both towards the client and towards the courts, for the substantive handling of the case.
19. Without prejudice to the provisions elsewhere in these conditions relating to liability, Udink Advocaten is only liable towards the lawyer-client for attributable failure in the execution of the services stated in article 17. If Udink Advocaten is held liable by third parties, the lawyer-client shall indemnify it, unless it concerns damage for which Udink Advocaten under these conditions is liable towards the lawyer-client and the lawyer-client drops his claim.