Article 1 - Ten Hoopen Jonker Fresco, attorneys at law

1.1 Ten Hoopen Jonker Fresco, attorneys at law (hereafter: “the partnership”) is a partnership which includes professional corporations. A list of partners has been deposited at the office of the partnership and can be send on request.

Article 2 - The assignment

2.1 An assignment comes into being with the partnership as such. The same applies when it is the client’s explicit or silence meaning that the assignment will be carried out by one particular person. The scope of article 7:404 of the Dutch Civil Code, which gives the rule for the last mentioned case and the scope of the second paragraph of article 7:407 of the Dutch Civil Code, which establishes several liability in case of 2 or more persons has been given an assignment, are being excluded.

Article 3 - Liability

3.1 Every (non)contractual liability of the partnership, of one of its partners individually (including managing directors), or of one of its employees is limited to the amount that is claimable under the partnership’s professional liability insurance including the amount of excess. The content and conditions of this professional liability insurance are similar to and meet with the requirements laid down by the Netherlands Bar (Nederlandse Orde van Advocaten). Upon request a summary of the insurance policy can be send to the client.

3.2 The realisation of the given assignment is taking place for the benefit of the client. Third parties cannot derive any rights from the content of the activities performed.

Article 4 - The Client’s Obligations

4.1 In case the client should make the content of the activities performed by the partnership on his behalf available to a third party, the client shall indicate, on behalf of the partnership, to the third party involved, that said activities have been performed subject to these general terms and conditions. The client has to point out to and bring about that this third party accepts the general terms and conditions as well.

4.2 The client indemnifies and hold the partnership harmless from and against all claims, actions or demands of third parties relating with the work or activities performed by the partnership for the benefit of the client.

4.3 The partnership’s invoices must paid within 14 days from the date of invoice without any postponement or settlement. If this period of time is exceeded the client is in default and is obliged to pay interest at the statutory rate. All (external) legal costs and expenses – which are connected with the collection of invoices and are rated at a minimum of 15 % of the amount that is to be collected, with a minimum of € 125,00, increased by the loans – will be at the expense of the client.

Article 5 - Involving of third persons/parties

5.1 The choice of third parties to be consulted by the partnership shall, if possible, be made in consultation with the client and with due caution. The partnership is not responsible for failure, fault or shortcomings made by this third party, except in the event of malicious intent or gross negligence on part of the partnership.

5.2 When a third party wants to limit their liability in connection with the realization of a client’s assignment, the partnership expects and confirms, when necessary, that all assignments given by the client imply the competence to accept such a limitation of liability on behalf of the client.

Article 6 - Charges

6.1 The partnership has the right to alter her basic hourly rate and her reimbursement of travel expenses. When the alteration exceeds an increase of more than 10 % or when an increase takes place within three months, after the establishment of the agreement between the partnership on one side and the client on the other side, the client has the right to annul the agreement. The right of annulment expires the fifteenth day from the date of the first invoice send to the client, after the rise of the basic hourly rate and/or reimbursement of travel expenses.

Article 7 - Complaint regulation

7.1 The partnership handles an internal Complaint regulation. The Complaint regulation is available for perusal at the office of the partnership and describes the internal complaint regulation. This regulation prescribes among other things that complaints can be lodged and submitted at the internal complaint officer of the partnership. Such leaves the right of the client completely unimpeded to complain at NOVA, if the internal complaint officer of the partnership fails to rectify the complaint.

Article 8 - Archivate

8.1 After closing, the file will be saved in our archive for five years. If the client still wants to have documents out of the file, the client can request the documents within that term. Costs can be charged for claiming files from our archive. The partnership reserves the right to destroy the file after the afore mentioned store term. 

Article 9 - Miscellaneous

9.1 These general terms and conditions have been made also on behalf of the individual partners of the partnership, the directors of the professional practice companies and all persons employed by the partnership.

9.2 All agreements between the client and the partnership are governed by the law of the Netherlands.

9.3 Disputes shall be decided exclusively by the court of competent jurisdiction in the district where the partnership is established.

9.4 These general terms and conditions have been drawn up in Dutch and English. The Dutch text is binding and shall prevail in case of any discrepancies in the content or intent.