General terms and conditions
Article 1: Terminology
1.1 ASV Advocatenkantoor is a sole proprietorship founded by Mr. P Celikkal.
1.2 The client: the natural or legal person who instructs ASV Advocatenkantoor to carry out the assignment.
1.3 The assignment: the assignment within the meaning of Article 7:400 of the Dutch Civil Code (hereinafter: BW), as applicable between the client and ASV Advocatenkantoor.
Article 2: Applicability
2.1 These general terms and conditions apply to all assignments that the client places with ASV Advocatenkantoor. These General Terms and Conditions also apply to any additional assignments and follow-up assignments from the client.
Article 3: Assignments
3.1 All assignments are exclusively accepted and executed under these general terms and conditions by ASV Advocatenkantoor. The assignment will not be accepted until it has been confirmed in writing, unless the execution thereof has actually commenced. An accepted assignment leads to an obligation of best efforts by ASV Advocatenkantoor, not to an obligation of result.
ASV Advocatenkantoor will make every effort to achieve the result desired by the client, but does not guarantee that this result will be achieved. ASV Advocatenkantoor will only be guided by the interests of the client when carrying out the assignment. In doing so, the applicable regulations will be observed, including the Code of Conduct for lawyers and the regulations and guidelines of the Dutch Bar Association. ASV Advocatenkantoor will act in the manner that may be expected of a reasonably competent and reasonably acting lawyer when carrying out the assignment. The assignment will be carried out exclusively for the benefit of the client. An assignment given is deemed to have been given exclusively to and accepted by the relevant lawyer, Mr. P. Celikkal. The client is obliged to provide all information that is important for carrying out the assignment in a timely manner.
3.2 ASV Advocatenkantoor is free to have assignments granted carried out under its responsibility in whole or in part by one or more acting lawyers. Acting lawyer associated with the office is Mrs. drs. mr. P. Kruik. The operation of Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code is excluded.
3.3 The client indemnifies ASV Advocatenkantoor against claims by third parties who claim to have suffered damage due to or in connection with work performed by ASV Advocatenkantoor on behalf of the client.
3.4 Both the client and ASV Advocatenkantoor are authorized to terminate the assignment with immediate effect, unless this is done at an unreasonable time given the interests of the other party under the circumstances. The assignment can only be terminated in writing.
3.5 ASV Advocatenkantoor is authorized to perform any work that the attorney handling the case reasonably deems necessary in the interest of the terminating client after termination of the assignment and before returning any documents from the file. ASV Advocatenkantoor will be entitled to claim the customary fee for such work. However, ASV Advocatenkantoor is not obliged to provide any further services after receipt of written termination of the assignment.
Article 4: Fees and costs
4.1 The client owes a fee excluding VAT for the work performed by ASV Advocatenkantoor in the context of the assignment. This may be: a fee on an hourly basis, or depending on the agreements made with ASV Advocatenkantoor, a fixed fee agreed in advance.
4.2 The fee to be declared on an hourly basis is determined on the basis of the time spent, with work performed being recorded in units of at least six minutes.
ASV Advocatenkantoor is entitled to change its (hourly) rates annually on January 1.
4.3 The client owes ASV Advocatenkantoor compensation for the disbursements made by ASV Advocatenkantoor, being the costs charged to ASV Advocatenkantoor by third parties. These disbursements include court fees, bailiff costs, travel and accommodation expenses, the salary of litigation lawyers engaged by ASV Advocatenkantoor and costs in connection with information from public registers.
4.4 Before commencing work, ASV Advocatenkantoor is entitled, in the event of an hourly fee, to charge the client an advance on the amount due to it. This advance will be settled with the final invoice in due course.
4.5 In addition to the aforementioned advance payment, ASV Advocatenkantoor will periodically, in principle once a month, issue an invoice to the client for the work it has performed.
4.6 If a fixed fee is agreed, ASV Advocatenkantoor is entitled to charge this fee to the client in advance.
4.7 If the client is eligible for legal aid, ASV Advocatenkantoor is entitled to charge the client's own contribution in advance. Except in emergencies, the client must pay this own contribution before ASV Advocatenkantoor commences its work.
Article 5: Payment
5.1 The client is obliged to pay the invoices of ASV Advocatenkantoor without deduction, discount, suspension or settlement within fourteen days after the invoice date, by means of a deposit into the specified account, or in cash at the office in The Hague, provided that the amount to be paid in cash does not exceed € 5,000.
5.2 ASV Advocatenkantoor is entitled to shorten the payment term at any time.
5.3 If the payment term is exceeded, the client will be in default by operation of law and will owe default interest equal to the statutory interest pursuant to Article 6:119 of the Dutch Civil Code.
5.4 For orders placed in the exercise of a profession or business, the statutory interest will apply.
ex art. 6:119a BW. If the client does not pay the invoices on time, all costs incurred to obtain satisfaction in and out of court will be for his account. The extrajudicial collection costs are determined as a fixed amount of 15% of the amount due, with a minimum of € 250.00.
5.5 If the client fails to pay the invoice on time, ASV Advocatenkantoor is then entitled to suspend the execution of the assignment, also in other matters that are being handled on behalf of the client, to the exclusion of any liability of ASV Advocatenkantoor for damage that may arise as a result.
5.6 Complaints regarding invoices must be submitted in writing within fourteen days of the invoice date, under penalty of forfeiture.
Artikel 6: Aansprakelijkheid
6.1 Mr. P. Celikkal , h.o.d.n. ASV Advocatenkantoor is individueel voor beroepsaansprakelijkheid verzekerd overeenkomstig de door de Nederlandse Orde van Advocaten vastgestelde verordening op de beroepsaansprakelijkheid.
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6.2 De aansprakelijkheid van ASV Advocatenkantoor voor eventuele beroepsfouten is steeds beperkt tot het bedrag, waarop de door ASV Advocatenkantoor gesloten beroepsaansprakelijkheidsverzekering aanspraak geeft, te vermeerderen met het bedrag aan eigen risico, dat op grond van de voorwaarden van voornoemde verzekering voor rekening van ASV Advocatenkantoor komt.
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6.3 ASV Advocatenkantoor is niet aansprakelijk voor tekortkoming van door haar ingeschakelde derden.
Article 7: Amendment of general terms and conditions
7.1 ASV Advocatenkantoor is authorized to amend these general terms and conditions during the execution of an assignment. An amendment will be made known to the client, after which the amended terms and conditions will apply for the remainder of the assignment.
Article 8: Archiving
8.1 The file created during the execution of the assignment will be kept by Advocatenkantoor Stille Verkade for five years. After the retention period has expired, the file will be destroyed.
Article 10: Applicable law
10.1 This agreement is governed by Dutch law.
10.2 Unless the Complaints and Dispute Regulations for the Legal Profession apply, disputes will be settled by the Court in The Hague.