General conditions and terms

  1. Entitlement to enforce contractual agreements

    Ms van den Broek runs her own independent practice for her own gain and at her own risk and her office is located at Databankweg 26, (3821 AL) Amersfoort.

  2. Applicability of the General conditions and terms

    These general conditions and terms apply unconditionally to all cases submitted to Ms van den Broek or her employees. These cases include supplementary cases and follow-up cases. Any deviation from these general conditions in any relevant case will only be valid if agreed in writing.

    If any of the conditions in these general conditions is declared invalid or unenforceable in any relevant case, the remaining conditions in these general conditions will still apply undiminished.

    Besides the client and Ms van den Broek, employees of Ms van den Broek and the Ms van den Broek Holding Trust for Management of Third Parties' Money may also invoke these general terms and conditions.

    The person requesting legal assistance will hereafter be referred to as “the client”.

  3. Cases

    Any case must be exclusively submitted to and accepted by Ms van den Broek. All work on the case is carried out for the client alone. Third parties may not derive any rights from any work carried out for the client.

  4. Outsourcing

    If Ms van den Broek makes use of the services of any third parties during the execution of the case, she will not be legally responsible for their actions. Ms van den Broek will choose third parties very carefully. Where reasonably feasible, any outsourcing to third parties will be discussed in advance with the client. There will be no advance discussion regarding outsourcing to couriers, bailiffs and attorneys in other legal districts (if legally required).

  5. Fees

    Fees are based on an agreed hourly rate multiplied by the amount of hours worked on each case. If agreed differently, that agreement will be confirmed in writing before work on the case begins. Fees are not dependent on the outcome of the case submitted.

    At the end of each month, all outstanding transactions arising from the bookkeeping will be invoiced at the agreed rate. There is a 7% surcharge covering general office costs (such as postal charges, telephone, fax, photocopies) and 21% for VAT (BTW).

    The initiation and execution of all casework is dependent on the payment of an advance which includes VAT. This advance is kept on account and is settled on the final amount due to Ms van den Broek. The amount of the advance is based on fees expected to be incurred over the next two months. Any anticipated costs (court fees, lawyers' and bailiffs' fees, fees for extracts and other legal documents) will also be included in the calculation. Should the caseload be higher than expected or anticipated costs exceed the amount of the advance, Ms van den Broek is entitled to issue invoices for supplementary advances.

    If Ms van den Broek is handling a case involving legal aid subsidised by the Legal Aid Commission (a 'supplementation'), the client is responsible for the payment of his/her own contribution to Ms van den Broek. The amount of the client's contribution is determined by the Legal Aid Commission and based on the Own Contribution Towards Legal Aid Act. Before the client's contribution has been determined, Ms van den Broek will issue an invoice for her own estimate of the client's contribution. If the amount charged for the client's contribution turns out later to be too high, the difference will be refunded. If the amount charged for the client's contribution is too low, a supplementary invoice will be issued. Costs for extracts and other legal documents only fall under the scope of the supplementation if the minimum client's contribution of €94.- applies.

  6. Terms of payment

    All amounts invoiced must be paid in full and without deductions into the bank account indicated, and the invoice number must always be quoted. Incoming payments will be settled on the oldest unsettled invoice items .

  7. Invoice claims

    If the client feels that the amount invoiced or the costs included in the invoice is or are incorrect, this must be stated in writing with an explanation to Ms van den Broek within 14 days of receipt of the invoice.

  8. Payment default

    Any client who does not settle an invoice within the terms of payment is legally in default of payment. No reminders, warnings or legal notices are required in this situation.

    In the case of payment default, Ms van den Broek is entitled to suspend all work on the case or to cease working on it altogether. She will, however, not resort to such action without giving the client a reasonable period to effect payment. If a case is terminated, Ms van den Broek will give the client sufficient opportunity to find another lawyer.

  9. Interest and debt collection charges

    In the case of payment defaults, Ms van den Broek is entitled to delayed interest. This interest amounts to 1% per month or part of a month and is calculated on the outstanding amounts. The interest applies from the due date of the invoice(s) and will be charged until the day the outstanding amount is settled in full.

    Ms van den Broek is also entitled to compensation for debt collection expenses incurred in and out of court. Out-of-court debt collection expenses amount to 15% of the total outstanding. Ms van den Broek retains the right at all times to seek compensation for the actual costs incurred for all debt collection or claim expenses if these should exceed 15% of the total outstanding.

  10. Limitation of liability

    Ms van den Broek's liability is limited to the amount covered by her professional liability insurance plus the amount of any personal liability she may have agreed to.

    Ms van den Broek is insured for professional liability in concordance with the recommendations of the Dutch Order of Lawyers. If required, Ms van den Broek will alow the client view the insurance policy.

    Ms van den Broek cannot be held responsible by the client for any errors or shortcomings arising from third parties or their employees, even if these third parties have been engaged by Ms van den Broek.

  11. Applicable law, competent litigation authority

    The governing law in the legal relationship between Ms van den Broek and the client will always and only be the law of the Netherlands. Disputes will be submitted to the 'Geschillencommissie' (Dispute Settlement Body) for Lawyers in the Hague, who are authorised to give their arbitration (if called upon by a corporate client) or deliver binding advice (if called upon by private clients). Deviation from this process will only be allowed if the law or disciplinary jurisdiction for lawyers explicity requires it.

    The regulations of the Geschillencommissie can be found at www.degeschillencommissie.nl (follow menu link for 'Advocatuur', then 'Reglement').