Terms and Conditions
Article 1: Definitions
a. D. Fasseur: the lawyer who performs work for clients within the context of the private company Fasseur & Partners BV.
b. Contractor: the legal entity referred to under a., To whom the client, according to the order confirmation, has instructed the performance of work.
c. Client: the (legal) person who has instructed the contractor to perform work.
Article 2: Applicability of General Terms and Conditions:
a. These terms and conditions apply to the formation, content and fulfillment of all agreements (of assignment) concluded between the client and the contractor, regardless of provisions stated otherwise in the client’s terms and conditions. unless explicitly agreed otherwise in writing.
b. These terms and conditions also apply to each subsequent assignment, until new, replacement, terms and conditions have come into effect.
Article 3: Assignment (s) and acceptance:
a. Assignment by the client to the contractor takes place upon receipt by the contractor of an unaltered order confirmation signed by the client without reservation.
b. Acceptance of the order by the contractor takes place after receipt of the order confirmation referred to under a. And, if a budget or deposit amount has been requested, no earlier than after receipt of that amount. These terms and conditions apply in full to subsequent assignments. Acceptance of the follow-up order takes place by the execution by the contractor.
c. Only the contractor and the client are bound by the assignment and the acceptance.
Article 4: Termination:
a. The client is entitled to terminate an assignment, in which case he is obliged to reimburse the time spent up to receipt and thereafter necessary for a proper completion of the assignment at the agreed rate, increased. with office costs andwith reimbursement of costs due in respect of services invoked from third parties.
b. The termination can only be done in writing.
c. If there is a difference of opinion between the client and the contractor about the way in which the assignment should be carried out and this dispute (in the opinion of one of the two) cannot be resolved by mutual agreement, the contractor will withdraw, whereby the client is obliged is to compensate for the time spent up to receipt and thereafter still necessary for the proper completion of the assignment at the agreed rate, plus office costs andwith reimbursement of costs due in respect of services invoked from third parties.
Article 5: Fee:
a. The fee applicable for the assignment (s) is the fee as stated in the confirmation of the assignment.
b. Unless explicitly agreed otherwise in writing, the fee referred to under a. Also applies to follow-up assignments and additional work.
c. For each activity (email, text message, telephone, correspondence or meeting, a minimum time of 10 minutes will be charged.
D. All stated fees, costs and disbursements are exclusive of sales tax (VAT) and otherby the government levies imposed.
e. If the client to perform the tasks (meetings, hearings and other meetings) must travel to a location other than his office, the travel time will be charged in accordance with the order confirmation.
f. for each period (usually a month), the declared work performed and costs incurred. If a declaration substantial risks being the period can be shortened and be declared in case the amount of the invoice is too small, in a subsequent period.
g. the The contractor may at all times also request other sufficient security for the payment of the invoices and may suspend the execution of the assignment until that security. er-ness is provided.
h. Cost orders must be paid by the client at all times; the contractor is outside that.
Article 6: Fee changes approx:
a. The contractor can change the fee by written notice.
b. The client can make a complaint within 14 days of being notified of the change.
c. If the client is not within the limits under b. the aforementioned term, the new fee applies.
Article 7: Amounts owed to third parties:amounts owed
a. Allto third parties for the performance of the assignment (see description of Disbursements) will be paid immediately by the client to those third parties.
b. The contractor will be able to suspend or discontinue the work if these amounts are not paid to the third parties on time, without prejudice to the indebtedness of those amounts and the amounts for the work performed up to that time.
Article 8: Disbursements:
a. Disbursements are all amounts paid by the contractor to third parties for the performance of the assignment, such as the costs of extracts, bailiffs, attorneys, accountants, witnesses, experts, court fees, translation costs, etc. (international) travel.
b. The contractor can immediately charge the disbursements to the client, or charge an advance payment for this purpose.
Article 9: Fixed fee:
a. If an assignment is accepted for a fixed fee, that price will only apply to the activities stated in the confirmation of the assignment.
b. Disbursements do not belong to that price and will be charged in full. Cost orders are also not included in that price and are for the account of the client.
c. Additional work arises from changes and / or extension of the assignment and will be charged at the fee stated in the assignment confirmation.
Article 10: Payment conditions:
a. The client must pay the invoices punctually, ie within 7 days, without any discount, set-off or suspension for whatever reason.
b. Advances must be paid immediately. The activities will only start after payment of the advance has been received.
c. Objections to the amount of the invoice must be received by the contractor no later than 14 days after the date of the invoice, failing which the invoice will be established between the parties.
d. In the event of late payment, the client will beby operation of law in defaultwithout any reminder or notice of default being required by the client.
e. In the event of late payment, it has been laid down by law that a cost reimbursement of € 40.00 is due for collection costs, without the need for a reminder or reminder. This cannot be deviated from to the detriment of the client.
f. In the event of late payment, the client owes default interest on the amount owed by him due to the delay in the amount of 9% of the amount due. One-twelfth of this interest is due for each month (in whole or in part) since the commencement of the default until full payment including costs has been made.
g. The client owes an amount of € 25.00 for each payment reminder, reminder and the like.
h. In the event of a summons, the client will owe an amount of 15% of the principal sum with accrued interest up to the time of the sum due to extrajudicial costs, but with a minimum of € 250.00.
i. In the event that the non-payment has been brought to court, the full costs involved in appearing in court, calculated according to the agreed hourly rate and the costs of assistance by third parties, will also be owed. This includes the costs that will be owed after the judgment to be rendered in this regard, as well as the internal costs involved.
j. The aforementioned interest will be payable on the costs as referred to in this article.
Article 11: Third-party:
a. fundsIf the assignment is to obtain funds for the benefit of the client, or if the contractor otherwise demands money from third parties for the client, the contractor will request the third party to transfer these funds to a bank account. bank account to be stated in writing by the client.
b. The contractor is not liable for account numbers incorrectly or unclearly stated by the client.
c. Contractor does not receive any money from or for clients and / or third parties, except for the aforementioned disbursements and costs of third parties.
d. In the event that it is necessary for the execution of an agreement that funds are temporarily deposited into a third-party account, the parties themselves will have to find a person (for example a notary) willing to do so.
Article 12: Liability:
a. The liability of the contractor on account of the assignment is limited to such an amount as is proportionate to the agreed fee according to standards of reasonableness and fairness, but in any case not more than the amount set by the Dutch Orde van Advocaten prescribed compulsory insurance cover with regard to professional liability.
b. The contractor is not liable for (damage due to) acts or omissions of third parties engaged by him with the consent of the client for the execution of the assignment.
c. The contractor is not liable for (damage caused by) acts or omissions of third parties, if those third parties have a professional liability insurance comparable to that of the contractor (including in any case a professional liability insurance as prescribed by the professional organization).
d. If the contractor is held liable by a third party for actions within the framework of the assignment, the client will fully indemnify him and reimburse all costs and damage to the contractor.
Article 13: Copyright:
a. The services and documents provided by the contractor to the client are exclusively for the client’s own use.
b. The client requires permission from the contractor to make it available to third parties.
c. The copyright and all other rights to the intellectual or industrial property remain with the contractor or the person from whom the contractor has obtained the right of use.
d. The client only obtains the rights of use and this limited to the purpose for which the service or document was provided.
e. Duplication and / or distribution of information and / or documents provided by the contractor outside the organization of the client is not permitted without the prior written consent of the contractor.
f. The client maintains strict confidentiality with regard to information received from the contractor.
Article 14: Termination and Suspension:
The contractor is under obligation of the principal in full satisfaction of the claims authorized the correspondence suggested compensation wholly or partly suspend or terminate if:
a. The client does not or fails to fulfills his obligations under the agreement (assignment).
b. More specifically, a. Is understood to mean the case that the client has not or not fully complied with its payment obligations.
c. The client dies or otherwise resigns, applies for and / or has obtained a moratorium on payment or in respect of whom bankruptcy has been filed and / or pronounced.
d. The client is a legal entity and which is in liquidation, is dissolved or merged into another legal entity, or otherwise ceases to exist.
Article 15: Complaints procedure:
The office has an internal complaints procedure, which is sent to the client free of charge upon first request.
Disputes and applicable law:
a. All disputes concerning the formation, explanation, execution and / or termination of the agreement (assignment) or resulting agreements and / or assignments will be brought before the competent court in the district in which the contractor is established.
b. Dutch law applies to the agreement between the contractor and the client.
c. All disputes regarding the amount of invoices will be submitted to the Supervisory Board of the Netherlands Bar Association in Utrecht (in civil matters) or the District Court of Utrecht (in other cases).