Hupkes Lawyers Amsterdam, The Netherlands

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Terms and conditions

Below is a translation into English of the terms and conditions applicable to agreements entered into with our clients.

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  1. Hupkes c.s. advocaten is the trade name of a foundation practice, registered at the Amsterdam Chamber of Commerce under number 50437275.
  2. These terms and conditions are stipulated for the benefit of the advocates in the paid employ of the foundation, the contractually affiliated independent advocates, other co-workers, secretaries and retained third parties, hereinafter referred to as “the office”.
  3. The contract of engagement is entered into with the foundation, provided that the advocate engaged is employed by the foundation at the moment of entry into the contract, or with the individual advocate if he/she is independent and registered as such at the Chamber of Commerce at the moment of entry into the contract.
  4. Application of articles 7:404 BW and 7:407 sub 2 of the Dutch Civil Code is expressly excluded.
  5. The costs involved in executing the assignment include fees, disbursements (such as court fees and bailiff costs), fees for retained third parties and value added tax.
  6. The client indemnifies the office against claims from third parties relating in any way to the tasks carried out on behalf of the client.
  7. Expedition of the assignment for a fixed fee must be supported by written confirmation, in the absence of which an hourly tariff as set out in articles 8, 9 and 10 is applicable.
  8. Unless specifically agreed otherwise by the parties or as a consequence of the nature of the assignment, the fee is determined based on the time spent and the hourly tariff and is billed at regular intervals.
  9. Unless a different hourly rate is specified in writing, the hourly tariff is € 170.- excl. VAT for assignments valued at up to € 100,000.- (also in the event that the assignment involved cannot be valued in monetary terms).
  10. Unless a different hourly rate is specified in writing, the hourly tariff is € 220.- excl. VAT for assignments valued above € 100,000.-.
  11. The hourly tariffs set out in articles 9 and 10 also apply if a compensation is granted which is revoked by the Council for Legal Aid on completion of the work on grounds of the outcome based on the criteria applied by the Council. The applicable criteria, financial limitations and exemptions are published on rechtsbijstand.nl.
  12. The payment term for invoices is 14 days.
  13. The advocate retains the right to suspend or proceed with the assignment if an invoice is not, or not fully, paid after 14 days.
  14. If the assignment is taken on by an independent advocate, the client may make settlement by payment into the foundation bank account indicated on the invoice.
  15. Liability for damage resulting from an unanticipated shortcoming relating to expedition of the assignment is limited to the amount covered by liability insurance, increased by the own-risk amount of the policy.
  16. In the event the liability insurance does not cover the damage claimed or does not pay out for whatever reason, liability of the advocate is limited to the amount of fees or contribution as billed and paid.
  17. Liability for failure on the part of engaged third parties is expressly excluded.
  18. Dossiers are retained for a maximum of five years after completion of the assignment, after which period they may be destroyed.
  19. The office has an internal complaints procedure that is applicable to all assignments. Details of the complaints procedure and the name of the complaints officer are available at the office.
  20. Dutch law is applicable to the legal relationship.
  21. Disputes will be brought to the court of Amsterdam. If an advocate or the foundation acts as the claimant, they are entitled to bring the case to the competent court of the domicile of the defendant.

 


 

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