1. Boekx Advocaten is a partnership under Dutch law and consists of practices with corporate legal personality and/or natural persons, hereinafter jointly referred to as “Boekx”. A list of partner members is obtainable on request.
2. All instructions issued to Boekx are accepted and carried out exclusively on the basis of a contract for professional services (“overeenkomst van opdracht”) between Boekx and the client in question. Article 404 and article 407 paragraph 2 of Book 7 of the Dutch Civil Code are not applicable to the contract for professional services.
3. Any and all liability of Boekx and its partner members is limited to the amount paid out under the professional liability insurance held by Boekx or its partner members in the matter concerned, plus the excess amount not borne by the insurer under the terms of our insurance policy. In the event that, for any reason, no monies are paid out under such insurance policy, any and all liability will be limited to the amount of the fee charged by Boekx in the matter concerned to the client, up to a maximum of €10,000 (ten thousand Euros).
4. Before engaging third parties, Boekx will consult the client, to the extent possible. Boekx accepts no liability for any acts or omissions by such third parties. Boekx is hereby authorized by the client to accept, on the client’s behalf, any limitations of liability of third parties.
5. Unless otherwise agreed, fees are calculated on the basis of the number of hours spent, multiplied by the hourly rate set by Boekx. A percentage of the professional fee will be charged to cover general office expenses (such as costs of postage, telecommunication, photocopying etc.). Expenses paid or yet to be paid by Boekx to third parties on behalf of the client (disbursements) will be charged separately.
6. In principle, Boekx will invoice the client for services on a monthly basis. All invoices presented by Boekx are payable within fourteen days from the date of the invoice. Boekx reserves the right to carry out its services on the basis of advance payment. In the event payment is overdue, Boekx is entitled to suspend its work on the matter concerned, and it will notify the client thereof. If non-payment persists after written notice has been sent, Boekx may claim out-of-court collection costs equivalent to 15% of the amount due, subject to a minimum of 200 Euros.
7. These general terms and conditions apply to any and all instructions accepted by Boekx, including follow-up instructions. In the event of any difference of interpretation between the Dutch and the English texts of these general terms and conditions, the Dutch text shall prevail. These general terms and conditions apply equally to any persons who are engaged in carrying out an instruction from a client and/or who bear any liability in that respect.
8. The legal relationship between Boekx and the client is governed by Dutch law. Any disputes will be referred only to the competent court in Amsterdam.