1. Blom Veugelers Zuiderman Advocaten (here after referred to as “BVZA”) is a partnership under Dutch civil law. The partners are Blom c.s. Advocaten BV (Commercial Register Utrecht, number 51486636) and Veugelers Advocatuur BV (Commercial Register Rotterdam, number 24470623). The partners practise law at their own expense and risk and are not liable for each other. All assignments from clients are solely accepted and carried out by the partners, even if it is the client’s express or implied intention that an assignment will be carried out by a specific person. Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code are hereby excluded.
2. Without exception, these general conditions are applicable to all assignments to and all services rendered by BVZA, including any follow-up assignments. Assignments are carried out solely in the interest of the client; third parties cannot derive any rights from the contents or the performance of the assignment. Any and all liability of BVZA is limited to the amount paid out, if any, under BVZA’s applicable professional liability insurance policy in the matter concerned.
3. BVZA excludes any and all liability for the proper and complete transmission of the content and attachments of e-mail correspondence, including any delay in its receipt. This exclusion of liability also applies to any and all data communication and exchange of information in the context of electronic proceedings through the systems of the Dutch Judiciary (“de Rechtspraak”).
4. BVZA may engage third parties in connection with the assignment from the client and shall exercise the necessary due care in its selection of third parties. BVZA is not liable for any acts and/or omissions of third parties. The client hereby authorises BVZA to accept any general conditions and/or limitations of liability of third parties on its behalf.
5. BVZA may have to receive personal data from the client regarding persons working at the client’s business and/or third parties (“data subject”) in the context of services and assignments. In that case both BVZA and the client are responsible for the data and qualify as “controller” under the General Data Protection Regulation (“GDPR”). In exercising the duties as laid down in article 26 GDPR the following conditions are applicable with respect to our services and assignments:
A. If and when the client provides personal data to BVZA, the client ensures that these data are correct;
B. If and when the client collects personal data, the client ensures that it complies with its information obligation with respect to the data subject as laid down in article 13 GDPR;
C. Because BVZA is bound by professional confidentiality, BVZA is not legally required to give out information to the data subject about the processing of personal data that BVZA receives from the client;
D. It is the joint responsibility of BVZA and the client to provide a safe method of processing personal data;
E. It is the joint responsibility of BVZA and the client to ensure appropriate technical and organisational measures, which can be used to demonstrate compliance with the GDPR;
F. If and when the data subject contacts BVZA to exercise a right under the GDPR, both BVZA and the client will coordinate if and to what extent this right is to be honoured, and who will respond to the data subject.
6. The legal relationship between the client and BVZA is exclusively governed by Dutch law. BVZA is affiliated with the Disputes Committee for the Legal Profession of the Netherlands Bar Association (Geschillencommissie Advocatuur). Any disputes shall be exclusively decided by the competent court in the Netherlands, unless the matter falls within the jurisdiction of the Disputes Committee and the client and BVZA have entered into an explicit written agreement to try the dispute before the Disputes Committee.
7. Unless otherwise agreed, professional fees shall be calculated on the basis of the number of hours worked, multiplied by the relevant hourly rates established from time to time by BVZA. BVZA may charge a retaining fee at any time during the assignment.
8. Costs paid for by BVZA on behalf of the client shall be charged separately. In addition to the professional fees, 6% of the professional fees shall be charged to cover general office costs (such as postage, phone, fax, photocopying, scanning, secretarial support)
9. All amounts charged by BVZA are exclusive of VAT.
10. The services rendered and costs shall, in principle, be charged to the client on a monthly basis, subject to payment within 14 days of the date of the invoice. Invoices will be properly specified according to BVZA’s standards. A dispute regarding the invoices does not lift the client’s obligation to pay in time and in full. If payment is not made in time or in full, BVZA has the right to charge interest from the end of the payment term, calculated on the basis of the statutory interest rate. All costs of (extrajudicial) collection fall on the client. The client will be considered to be in default by operation of law.
11. The (financial) administration, file administration as well as any records of BVZA, kept in paper and electronic form, will constitute conclusive evidence in the legal relationship between BVZA and the client. After the termination of the assignment, any documents relating to the file (for instance correspondence, e-mails, procedural documents) will be kept exclusively in electronic form during a period to be determined by BVZA, unless BVZA has agreed, in writing, otherwise with the client.
12. BVZA does not have a trust account.
13. This is a translation only for information purposes. The Dutch text of these general conditions is binding and shall prevail in the event of any differences between the English text and the Dutch text.