Our general terms and conditions, which are applicable to all our services, can be downloaded here in Dutch language together with the English translation below.
- DECK advocaten is a partnership (“maatschap”) and is registered at the Chamber of Commerce Amsterdam under no. 67807267. The lawyers (“advocaten”) of DECK advocaten are registered at the Dutch Bar Association (“Nederlandse Orde van Advocaten”); Neuhuyskade 94, 2596 XM The Hague.
- All activities are performed pursuant to an agreement for the provision of professional services (“overeenkomst van opdracht”) with DECK advocaten. All instructions, including those directed to a particular person, shall, excluding article 7:404 and 7:407 (2) Dutch Civil Code (“Burgerlijk Wetboek”), be considered to have been exclusively given to and accepted and carried out by DECK advocaten.
- Services are provided exclusively and only for the benefit of the client. Third parties cannot derive any rights from the work performed and from the ensuing results.
- These general terms and conditions are applicable to all assignments to DECK advocaten. These general terms and conditions are also applicable to amended, additional, supplemental and further assignments. Applicability of general terms and conditions referred to in documents originating from the client is hereby expressly rejected.
- These general terms and conditions are also stipulated for the benefit of all those who work or have worked, whether or not due to an employment contract, or perform(ed) activities for DECK advocaten, the partners and their directors, and former partners and their directors.
- DECK advocaten may instruct other service providers in respect of carrying out assignments and shall exercise the necessary care when engaging the service of such third parties. DECK advocaten is authorized without consultation with the client to accept (also) on behalf of the client (general) terms and conditions, which may include a limitation of liability and other limitations, that may be stipulated by such third parties. DECK advocaten is not liable for any faults and/or shortcomings on the part of such third parties, accept of wilful misconduct or gross negligence of DECK advocaten.
- The client shall be obliged to indemnify DECK advocaten against and hold her harmless from any claims by third parties, including but not limited to other service providers engaged, and to compensate DECK advocaten for the reasonable costs of defending such claims.
- Any liability, based on whichever legal ground, on the part of DECK advocaten and all others for whose benefit these general terms and conditions have been stipulated shall be limited to the amount that is covered and paid out in the matter concerned under the professional liability insurance taken out by DECK advocaten. If no payment is made out under the said insurance, the cumulative liability shall be limited in total to the amount of the fees charged by DECK advocaten (excluding costs and disbursements) in connection with the assignment concerned, with a maximum of € 50,000. DECK advocaten is in any case not liable for indirect and/or consequential damage.
- Any claims of the client shall become extinct if these claims have not been submitted by sufficient reasoned notice in writing by registered letter to DECK advocaten within three months commencing the day the client was aware, or could reasonably have been aware, of the facts on which his claim is based, and anyway five years after the last invoice in the matter concerned was sent.
- The payment term for fee notes of DECK advocaten is 14 days, unless stated otherwise on the fee note, commencing from the date of the fee note. In case the fee note is not paid within the said period the client is in default (“verzuim”), without requiring a notice of default. The client is not allowed to suspend payment of any amounts payable by him or to set these off against any (alleged) counterclaims.
- The legal relationship between clients and DECK advocaten is governed exclusively by Dutch law. Complaints in connection with the execution of an assignment can be submitted to DECK advocaten in accordance with the complaints proceedings published on the website of DECK advocaten. Any disputes which cannot be solved amicably shall be settled exclusively by the competent court in Amsterdam.
- In case one or several clauses of these general terms and conditions would be null and void and/or would be annulled, the other clauses of these general terms and conditions remain fully applicable. DECK advocaten and the client will in so far as necessary negotiate in order to agree on new clauses as substitution of the null and void and/or annulled clauses, whereby the purpose and scope of the original clauses will be retained.
- These general terms and conditions have been drawn up in Dutch and translated into English. In the event of any discrepancy between the Dutch text and the English translation of it, the Dutch text shall be decisive.