Terms and conditions

General terms and conditions

1. Slangen Zwanenburg Advocatuur BV is a private limited liability company incorporated under Dutch law, which aims to engage in the practice of law. For purposes of these General Terms and Conditions, ‘partner' will mean a person directly or indirectly holding shares in Slangen Zwanenburg Advocatuur BV. ‘Client’ will mean any other party besides Slangen Zwanenburg Advocatuur BV with respect to which a legal relationship as referred to below in Clauses3 and 4 exists or is asserted.

2. The provisions in these General Terms and Conditions have been formulated not only for the benefit of Slangen Zwanenburg Advocatuur BV, but also for the benefit of all partners (as referred to above), all of Slangen Zwanenburg Advocatuur BV’s directors, all other persons who work or worked for Slangen Zwanenburg Advocatuur BV (whether as an employee or not), all natural persons or legal entities engaged by Slangen Zwanenburg Advocatuur BV in carrying out any instruction, including Stichting Beheer Derdengelden Slangen Advocatuur (Slangen Advocatuur Client Funds Management Foundation), and all persons for whose acts or omissions Slangen Zwanenburg Advocatuur BV could be liable. This is an irrevocable third-party clause within the meaning of Article6:253 of the Dutch Civil Code.

3. These General Terms and Conditions will apply to any contract for services to carry out an instruction, including any follow-up instruction or modified or supplemental instruction, which is given to Slangen Zwanenburg Advocatuur BV, the partners or persons employed by or otherwise working for Slangen Zwanenburg Advocatuur BV.

4. All instructions will be deemed to have been solely furnished to and accepted and carried out by Slangen Zwanenburg Advocatuur BV. This will also be the case if the explicit or implicit intention is that the instruction will be carried out by one or more specific persons. Article 7:404 of the Dutch Civil Code (which contains provisions concerning the aforementioned situation) and Article 7:407(2) of the Dutch Civil Code (which creates joint and several liability for cases in which two or more persons receive an instruction) will expressly not apply.

5. Slangen Zwanenburg Advocatuur BV may arrange at any time to have the instructions granted to it carried out, under its responsibility, by the partners (as referred to above) or staff members of Slangen Zwanenburg Advocatuur BV designated by it.

6. In carrying out the instructions granted to it, performing any work and selecting the other persons to be engaged by it, Slangen Zwanenburg Advocatuur BV will exercise the due care expected of a reasonable contractor.

7. In providing its services, Slangen Zwanenburg Advocatuur BV may utilise third parties. Slangen Zwanenburg Advocatuur BV will, insofar as possible, consult with the client beforehand about this. By having been given an instruction, Slangen Zwanenburg Advocatuur BV will be entitled to accept on the client’s behalf any liability restrictions by these third parties. Slangen Zwanenburg Advocatuur BV, however, will never be liable to the client for breaches or wrongful acts by these third parties engaged by Slangen Zwanenburg Advocatuur BV.

8. Any liability by Slangen Zwanenburg Advocatuur BV will always be limited to the amount paid out in the particular case under the relevant liability insurance policies taken out by Slangen Zwanenburg Advocatuur BV, plus the amount of the excess payable by Slangen Zwanenburg Advocatuur BV under the relevant insurance agreement in the particular case.

9. Notwithstanding the provisions in Article6:89 of the Dutch Civil Code, the right to compensation will be extinguished 12months after the event resulting in damage was discovered or should have reasonably been discovered and, in any event, 24months after the event resulting in damage occurred.

10. The client will indemnify Slangen Zwanenburg Advocatuur BV against any third-party claims, including the reasonable costs of legal assistance, which in any way relate to or ensue from the work performed for the client, except in the case of wilful misconduct or gross negligence by Slangen Zwanenburg Advocatuur BV.

11. If communication with respect to the instruction occurs through electronic means, such as e-mail and other forms of data traffic, the parties hereby acknowledge that there are risks associated with this, including, but not limited to, distortions, delays, losses, data leaks, hacks (illegal or malicious intrusions) and viruses in the electronic data or systems. Slangen Zwanenburg Advocatuur BV will not be liable for any ensuing damage, unless there has been wilful misconduct or gross negligence. Both Slangen Zwanenburg Advocatuur BV and the client will do and not do anything as may reasonably be expected from each of them to avoid the aforementioned risks.

12. Slangen Zwanenburg Advocatuur BV’s Complaints Procedure will apply to the legal services. This procedure can be found at www.slangen-advocaten.nl.

13. Slangen Zwanenburg Advocatuur BV may modify or supplement these General Terms and Conditions. The client will receive prior written notice of any change or addition.

14. The legal relationship to which these General Terms and Conditions apply will be governed by Dutch law. Any disputes will be resolved exclusively by the District Court in Amsterdam. Notwithstanding this, if Slangen Zwanenburg Advocatuur BV acts as a claimant, it will be entitled to bring the dispute before a foreign court having jurisdiction over the client.

15. These General Terms and Conditions have been drawn up in Dutch and English. If there is a dispute about the substance or effect of these General Terms and Conditions, the Dutch text will be binding.

These General Terms and Conditions are lodged with the Clerk of the Court in Amsterdam on September 27, 2016, under number 65/2016.

Click here to download the general terms and conditions.

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