general conditions (version January, 1 2021)
Article 1 – definitions
- VriezenLegal: a sole proprietorship, a law firm, registered in the trade register of the Chamber of Commerce under number 81286570;
- client: a company or private person who has given an assignment to VriezenLegal.
Article 2 – applicability
These general terms and conditions apply to every assignment agreement between VriezenLegal and the client. Third parties engaged by VriezenLegal for the execution of an assignment can also invoke these general terms and conditions.
Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code do not apply.
Article 3 – third parties
VriezenLegal is entitled to engage third parties in the performance of an assignment at the expense of the client and to accept the conditions of these third parties on behalf of the client, including an exclusion or limitation of liability.
VriezenLegal is not liable for shortcomings of third parties. The client indemnifies VriezenLegal against any claim by a third party, as well as all costs incurred (and to be incurred) by VriezenLegal to defuse that claim.
Article 4 – fee
VriezenLegal will charge the fee owed and any disbursements to the client each month, unless otherwise agreed. VriezenLegal is always entitled to charge an advance on the fee or disbursements to the client, in advance, but also in the interim. The hourly rate applied by VriezenLegal can be indexed annually.
Each invoice must be paid within 14 days, including an advance invoice. If payment is not made within this period, the default will take effect immediately, without any notice of default being required. In the event of default, VriezenLegal is entitled to immediately suspend or terminate the service, without VriezenLegal becoming liable for damages.
Any appeal to suspension or to settlement on the part of the client is excluded.
Article 5 – liability
VriezenLegal has professional liability insurance. Any liability on the part of VriezenLegal is limited to the amount that is paid out by the professional liability insurer as appropriate, plus the deductible under said insurance.
Should the insurer not pay out under said professional liability insurance, the total liability of VriezenLegal is limited to € 15,000.00.
If the client has not protested in writing to VriezenLegal within 1 year after the client has discovered, or should reasonably have discovered, an error or negligence on the part of VriezenLegal, the client can no longer invoke this error or negligence.
Any claim to compensation expires 2 years after the assignment has been terminated.
Article 6 – processing personal and company data
VriezenLegal is the controller, as laid down in the GDPR (General Data Protection Regulation). VriezenLegal processes personal data, as described in the privacy statement of VriezenLegal, which can be consulted at https://vriezenlegal.nl/privacy-statement/
VriezenLegal does not store personal data longer than is necessary for the purposes of the data processing - or is required by law and regulations.
Article 7 – complaints procedure
The complaints procedure of VriezenLegal applies to every assignment agreement between VriezenLegal and the client. The complaints procedure can be consulted at https://vriezenlegal.nl/kantoorklachtenregeling/
If a complaint is not resolved after it has been dealt with, it can be submitted to the District Court of Midden-Nederland.
Article 8 – applicable law and choice of forum
Dutch law applies to all legal relationships with VriezenLegal.
In the first instance, disputes will only be submitted to the District Court of Midden-Nederland, the Netherlands.