These general terms and conditions apply to the contract for services with Spigt Advocatuur ('the lawyer') and, for the rest, the provisions of Dutch law.
Spigt Advocatuur is a one-man business. The sole proprietorship is registered with the trade register of the Chamber of Commerce with number 30151700.
2. Obligations of the lawyer
The lawyer undertakes to the client to the following:
- carrying out the assignment to the best of your knowledge and ability;
- properly informing the client about the state of the work;
- properly informing the client about the costs of the work.
3. Fees and costs
The costs of carrying out the assignment are based on an hourly rate. For the office costs to be incurred, the lawyer can charge a surcharge. The fee and storage are discussed with the client at the start of the work.
The costs that the lawyer owes to third parties in the context of the assignment (such as court fees, bailiff costs and expertise costs) as well as travel costs are charged to the client separately.
If the client is eligible for funded legal aid (an addition), the lawyer will perform and invoice for the client's work in accordance with what the Legal Aid Board has determined in this regard. The client owes the lawyer the personal contribution determined by the Legal Aid Board and, if applicable, other costs from the day that these are established or incurred. If the client is not eligible for an addition, the client and the lawyer will consult about the costs to be charged.
The client will pay an invoice from the lawyer within fourteen days of the date thereof. Set-off with an (alleged) counterclaim, for whatever reason, is not permitted. The lawyer is always entitled to demand the payment of an advance from the client. An advance received will be deducted from the final statement of the order.
The lawyer provides the client with a clear specification of the work performed.
If the client does not pay within the period referred to in point 4.1, he shall owe the lawyer, in addition to the invoice amount, the costs to be incurred by the lawyer for getting the invoice amount paid, as well as, on the total amount due, an interest of 1% per month, whereby a part of a month is charged for a whole month. If the client is to be regarded as a consumer, the client will owe the statutory interest after the period stated under point 4.1.
If the client does not pay within the period referred to in point 4.1, the lawyer may, after the client has been informed thereof, suspend all work on behalf of the client until the client has paid all that is owed to the lawyer.
If the client believes that he is not obliged to pay for an activity, he will let the lawyer know this in writing and motivated within fourteen days of the relevant invoice date.
5. Professional liability
The lawyer's liability for negligence or error is limited to the amount paid out according to the lawyer's professional liability insurance, plus the amount that, according to the insurance policy, belongs to the lawyer's own risk. The client has the right to inspect that policy.
If, for whatever reason, there is no payment under the lawyer's professional liability insurance, then, in the event that the lawyer's liability has been irrevocably demonstrated, the liability is limited to an amount of up to EUR 10,000.00 or, if the fee charged in the case in question is higher, to an amount equal to this fee, with a maximum of EUR 20,000.00.
The limitations of liability set out in the preceding two provisions do not apply in the event of intent or deliberate recklessness on the part of the lawyer.
The lawyer will take the necessary care when engaging third parties in the context of the execution of the assignment. However, the lawyer is not liable for negligence or errors of persons engaged by the lawyer in the context of the assignment.
6. Complaint period and disputes
All rights of action and other powers of the client vis-à-vis the lawyer and any persons working for the lawyer in connection with the work performed by the lawyer shall in any case lapse as soon as a reasonable period, to be set at a period of three months, has expired after the day on which the client became aware or could reasonably have been aware of the existence of those rights and powers, without the client having appealed to the lawyer.
Disputes between the client and the lawyer will be settled by the District Court (rechtbank) Midden-Nederland, unless the law imperatively designates another competent court.