GENERAL TERMS AND CONDITIONS
1. Helder Arbeidsrecht is a partnership of lawyers and is registered with the Chamber of Commerce for Amsterdam under number 701 74 741.
2. The ‘Client’ within the meaning of these general terms and conditions is the natural or juristic person that engages Helder Arbeidsrecht.
3. These general terms and conditions apply to all engagements and follow-up engagements accepted by Helder Arbeidsrecht and to any legal relationships arising under or in connection with these engagements.
4. The Client accepts the applicability and the contents of these general terms and conditions.
5. All engagements are accepted and executed exclusively by Helder Arbeidsrecht; Articles 404 and 407(2) of Book 7 of the Dutch Civil Code are not applicable.
6. These general terms and conditions also apply to any work performed by the natural or juristic persons engaged, in consultation with the Client, for the purposes of the services provided by Helder Arbeidsrecht.
7. In engaging other natural or juristic persons, Helder Arbeidsrecht will act with due care. Helder Arbeidsrecht is not liable for any failures in the performance by these third parties.
8. In engaging Helder Arbeidsrecht, the Client accepts the fee for this engagement. In addition to the fee, any expenses incurred on behalf of the Client, such as court filing fees, bailiff’s costs, costs charged by third parties that have been engaged and travel expenses are charged to the Client. Helder Arbeidsrecht may change the fee at a later date but will inform the Client thereof in a timely fashion.
9. Before starting work on the legal services agreed upon in the engagement letter, Helder Arbeidsrecht may require the Client to pay an advancement payment retainer. This advance payment is applied to the final bill at the time of completion of the engagement. If the nature and scope of the services or the Client’s situation give cause to do so, Helder Arbeidsrecht may require an additional advance payment for any further services to be provided.
10. Helder Arbeidsrecht issues bills on a monthly basis and uses a payment period of two weeks.
11. If any bill is not paid within the payment period, statutory interest is payable. If the bill is not paid after a reminder has been sent, the Client is liable to pay all judicial and extrajudicial debt collection costs, amounting to 15% of the amount of the bill.
12. If the Client fails to pay any bills in a timely fashion, Helder Arbeidsrecht may suspend or terminate the services that are provided. In that case the Client is still obliged to pay the outstanding bills and the bills still to be sent to the Client in a timely fashion. Helder Arbeidsrecht is not liable for any loss or damage suffered as a result of this suspension or termination of the services to be provided.
13. Any liability of Helder Arbeidsrecht is limited to the amount paid out in a specific case under the professional indemnity insurance taken out by Helder Arbeidsrecht. If, for any reason, no payment is made under the professional indemnity insurance mentioned above, any liability of Helder Arbeidsrecht is limited to an amount not exceeding twice the fee billed in the specific file over the 12 months before this liability arose, subject to a maximum of € 50,000. In this case a series of events is regarded as a single event.
14. If, in the context of the execution of the engagement, any loss or damage is inflicted on persons or items of property for which Helder Arbeidsrecht is liable, this liability is limited to the amount paid out in the relevant case under the professional indemnity insurance taken out by Helder Arbeidsrecht.
15. If natural or juristic persons engaged for the purpose of executing the engagement limit their liability, this limitation of liability is accepted on behalf of the Client as well.
16. The Client agrees to indemnify Helder Arbeidsrecht against third-party claims that are, directly or indirectly, related to the services to be provided by Helder Arbeidsrecht for the Client, unless there is gross negligence or intent on the part of Helder Arbeidsrecht. This indemnity includes the legal costs reasonably to be incurred by Helder Arbeidsrecht.
17. Helder Arbeidsrecht agrees to execute the engagement exclusively for the benefit of the Client. Third parties cannot derive any rights from the contents of the services provided for the benefit of the Client (for example, advice).
18. The Client must notify Helder Arbeidsrecht of any claim for damages in a timely fashion, as laid down in Article 89 of Book 6 of the Dutch Civil Code. Any claim for damages lapses if the Client fails to submit it to the competent court pursuant to Article 19 of these general terms and conditions. This period of one year commences from the date at which the facts underlying the relevant claim can be assumed to be known or could reasonably have been known to the Client.
19. The contract and the legal relationship between the Client and Helder Arbeidsrecht is governed by Dutch law. Any dispute between the Client and Helder Arbeidsrecht is submitted exclusively to the competent court in Amsterdam, unless the cantonal sector of the district court within whose jurisdiction the Client has his, her or its legal residence is competent to hear the case.
20. These general terms and conditions are issued in the Dutch and English language. In the event of any dispute about the contents or scope of these general terms and conditions, the Dutch version prevails.