Terms and Conditions
The following terms and conditions apply to the services provided by law firm De Boer.
Article 1 General
De Boer law firm is a sole trader and consists of lawyer AJ de Boer (Chamber of Commerce number: 74115251). These general terms and conditions apply to any agreement or other legal relationship between Advocatenkantoor De Boer and a counterparty, hereinafter referred to as 'the client', whereby Advocatenkantoor De Boer performs or will perform work. The lawyer is subject to the Code of Conduct of the Netherlands Bar Association (www.advocatenorde.nl), which entails, among other things, a duty of confidentiality, legal silence law and legal privilege. The lawyer processes some personal data when handling the case. The processing of this data is done with the greatest possible care. These general terms and conditions also apply to anyone who works for a sole trader (as a partner or as an employee), anyone who is engaged by the sole trader and for whose actions or omissions the sole proprietorship is or may be liable. In the event of a discrepancy between these general terms and conditions and the order confirmation in which these general terms and conditions have been declared applicable, the provisions in the order confirmation shall prevail. The sole proprietorship is entitled to change these general terms and conditions. The amended conditions are deemed to have been accepted if the client has not objected to the amended conditions within fourteen days after the amended conditions have been sent to him or have become known to him.
Article 2 The assignment
All assignments are only concluded if they are confirmed in writing or by e-mail to the client. All assignments are only entered into with the lawyer, as the contractor. The operation of article 6: 6 paragraph 2 of the Dutch Civil Code, article 7: 404 of the Dutch Civil Code and article 7: 407 paragraph 2 of the Dutch Civil Code is expressly excluded. (e), as the client, can cancel the contract at any time. If the lawyer cancels the assignment agreement, he or she will take the necessary care and ensure that irreversible negative consequences arise for the client. Premature termination of the agreement does not put an end to the client's payment obligation with regard to the work already performed by the lawyer. These general terms and conditions apply to additional assignments and follow-up assignments. In that case the client is assumed to be familiar with the present applicable general terms and conditions of Advocatenkantoor De Boer. These general terms and conditions apply not only in relation to the lawyer, but also in relation to his observer and all persons involved in an assignment and / or or who has any liability in connection therewith. Lawyer De Boer can change these general terms and conditions. The amended conditions are deemed to be in force if the client has not objected to the amended conditions within one month after the amended conditions have been made known to him / her.
Article 3 Costs and payment terms
The client owes the lawyer a fee, plus VAT, for the execution of the assignment. The lawyer will make agreements on the fee at the start of the assignment. These are confirmed in writing or by e-mail to the client. The basic hourly rate can be indexed annually. The client is informed of this in writing. The lawyer - if applicable - charges court fees, bailiff's costs, translation costs, costs of engaged third parties, as well as the costs of provided extracts and such to the client. monthly, or always after activities of a substantial size have been performed. The lawyer can demand an advance on the client's fee and / or costs. The advance is settled with the interim or final invoice. The client must pay the bills of the lawyer within fourteen days after the invoice date. If the client has not paid in full after this period, he / she will be in default. After sending a written reminder, the lawyer will be entitled to charge the client statutory interest on the outstanding balance pursuant to Article 6: 119 of the Dutch Civil Code. If, after the period specified in the written reminder, payment has not been made in full, the lawyer is entitled to charge the client extrajudicial collection costs in accordance with the rules of Section 6:96 of the Dutch Civil Code. the lawyer reserves the right to suspend work for the benefit of the client. In that case the lawyer is not liable for any damage that may arise as a result of the suspension of the work.
Article 4 Funded legal aid
At the start of the assignment, the lawyer will assess with the client whether he is eligible for legal aid financed by the government. If the client may be eligible for this, the lawyer will apply for funded legal aid at the Legal Aid Board. If no addition is provided or is withdrawn by the Legal Aid Board, the lawyer does not accept liability. In that case, the client owes the fee agreed with the lawyer in accordance with paragraph 3 of the general terms and conditions for the work performed and the work to be performed by the lawyer. At the moment that the Legal Aid Board makes an addition to the client (e) has provided, the lawyer will charge the client's own contribution determined by the Legal Aid Board. In addition to the personal contribution, the lawyer may charge the client for the costs referred to in paragraph 3. If an application for funded legal aid has been granted, the client bears a possible right to legal costs, compensation for court fees and other fees The Legal Aid Board will assess, on the basis of the financial outcome of the case, whether the client is still able to pay the costs of the lawyer (result assessment) after the case has ended. The addition can be withdrawn retroactively by the Legal Aid Board if the legal aid has resulted in 50% or more of the applicable tax-free allowance. In that case the fee and any other costs will be declared retroactively to the client in accordance with the provisions of these general terms and conditions. In the event that the client wishes to object to a decision of the Legal Aid Board or ask for a reference year reduction , the client must take care of this himself / herself within six weeks of the announcement of the relevant decision. The responsibility for this rests with the client, unless explicitly agreed otherwise with the lawyer. The client must take into account that the standards applied by the Legal Aid Council may change after the entry into force of these conditions. With regard to the most up-to-date principles to be applied by the Legal Aid Board, reference is therefore made to the website of the Legal Aid Board: www.rvr.org.
Article 5Proceskosten
In the case of proceedings, with the exception of administrative law and at the WSNP, the client can be ordered to pay the costs of proceedings (including court fees, the costs of any witnesses and / or experts (see also paragraph 3) as the unsuccessful party Article 15) These costs are charged separately by the other party to the client.
Article 6 Professional liability
The lawyer makes every effort to perform the work associated with the assignment agreement as well as possible. The client is aware of and accepts the risk that electronic data exchange with the lawyer may result in unauthorized persons being able to become acquainted with the data exchanged. The lawyer has taken out professional liability insurance with insurer Aon. Any liability for professional errors of the lawyer for damage arising from or related to an attributable shortcoming or unlawful act or based on any other legal basis, is limited to the amount of € 500,000 that Aon pays, plus the amount of the deductible under that insurance, but at most up to the amount of the damage determined by the insurance company. All claim rights and other powers, for whatever reason, that the client may invoke against the lawyer, shall in any case expire one year after the client it became known or could reasonably have been aware of the existence of these rights and powers. When engaging third parties, the lawyer will always exercise due care. However, the lawyer is not liable for any shortcomings of these third parties. The lawyer is authorized to accept liability limitation by these third parties for the client.
Article 7 Archiving
After closing, the lawyer will archive the file for seven years. After this period the lawyer is entitled to destroy the file without informing the client thereof.
Article 8Crocheting
De Boer law firm has a complaints procedure, which is published on the website www.advocatenkantoordeboer.frl.On the legal relationship between the lawyer on the one hand and the client on the other hand, only Dutch law applies. Disputes will be settled exclusively by the competent court in the district where the law firm is located. Nevertheless, the law firm has the right to submit disputes to the competent court of the client's place of residence. The lawyer is affiliated with the Disputes Committee for the Legal Profession. The Regulations for the Disputes Committee for the Legal Profession can be requested from the secretary of the committee at the following address: PO Box 90600, 2509 LP, The Hague. / her complaint. The lawyer will handle the complaint. The lawyer will ensure that the complaint is handled properly, with due observance of the applicable complaints procedure. If the complaint is not handled satisfactorily, the client can submit the matter to the Disputes Committee.
Article 9 Other regulations
The lawyer is obliged to maintain secrecy with regard to everything that comes to him during the handling of a case concerning the person of the client, the nature and extent of his interests in the case and, moreover, with everything that falls under the confidentiality obligation that a proper lawyer towards third parties. As a result of applicable regulations (including the Law on the prevention of money laundering and the financing of terrorism), the lawyer is obliged to establish the identity of the client and to report unusual transactions to the authorities under certain circumstances. By giving the lawyer an assignment, the client confirms that he / she is aware of this and, if necessary, gives his consent.