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Terms and conditions

&Co Advocaten B.V. (“&Co Advocaten”) has its registered office in Amsterdam and is registered in the trade register of the Chamber of Commerce under no. 92201571.

Applicability

  1. These terms and conditions apply to every engagement and other legal relationship between &Co Advocaten and the client.
  2. These general terms and conditions may be invoked not only by &Co Advocaten, but also by all (legal) persons who are or have been involved in the execution of an assignment or who are or could be held liable in connection therewith.
  3. Everything that has been stipulated in these general terms and conditions for the benefit of &Co Advocaten applies as a third-party clause within the meaning of Section 6:253 of the Dutch Civil Code, made irrevocably and free of charge in respect of them.

Tasks

  1. In these general terms and conditions, ‘assignment’ is also understood to include follow-up assignments, amended, supplementary or new assignments, and all legal relationships connected with or arising from these.
  2. &Co Advocaten may engage third parties in the performance of assignments. Due care will be exercised when engaging third parties. &Co Advocaten is not liable for any shortcomings of (these) third parties. &Co Advocaten is authorised to accept any (general) terms and conditions and limitations of liability of third parties on behalf of the client.
  3. The applicability of Articles 7:404, 7:407(2) and 7:409 of the Dutch Civil Code is excluded for assignments given to &Co Advocaten. The application of Articles 6:227b(1) and 6:227c of the Dutch Civil Code (relating to e-commerce transactions) is excluded if the client is acting in the course of a profession or business.
  4. Assignments are carried out solely for the benefit of the client. Persons other than the client may not rely on (the result of) the work performed for the client or the execution thereof, and they cannot derive any rights therefrom, unless this has been expressly confirmed in writing by &Co Advocaten.
  5. &Co Advocaten retains the intellectual property rights to its advice, documents and other papers.
  6. The client may terminate the instruction in writing at any time. &Co Advocaten may terminate the instruction in writing subject to a notice period of 10 working days, or with immediate effect if the client fails to pay an invoice within 14 days of the payment date. Upon termination of the instruction, the client shall owe the full fee for the work already performed.

Liability

  1. The liability of &Co Advocaten is limited to the amount paid out under &Co Advocaten's professional indemnity insurance policy for a claim, plus the applicable deductible. If and to the extent that no payout is made under the insurance policy, any liability is limited to the fee charged in connection with an assignment.
  2. Any claim for damages shall become time-barred one year after the day on which the client became aware of the damage and of the liability of &Co Advocaten for that damage, and shall lapse after three years at the latest.
  3. The client indemnifies &Co Advocaten against all third-party claims relating to the work performed for the client.
  4. &Co Advocaten uses (digital) communication tools and services for the (digital) storage of data, whether or not offered by third parties. &Co Advocaten is not liable for damage that is directly or indirectly the result of the use of those communication tools and services, such as interception, manipulation or delay of communication or documents as a result of a hack or virus.

Identity verification and privacy

  1. Under applicable regulations, &Co Advocaten is required to verify the identity of the client and its ultimate beneficial owner(s), and under certain circumstances &Co Advocaten must report unusual transactions to the authorities, without &Co Advocaten being permitted to inform the client of such a report. The client hereby declares that they are aware of and agree to this, and that they will provide all necessary information.
  2. When &Co Advocaten processes personal data, whether or not in connection with the performance of an assignment, this processing takes place in accordance with the privacy policy of &Co Advocaten, which can be found in the privacy policy on this website.

Fees and payments

  1. &Co Advocaten considers transparency regarding costs to be important. Where possible and upon request, a cost estimate or fee arrangement is agreed in advance per assignment. If no fee is agreed, the rates customary for &Co Advocaten apply. The fee is then the number of hours spent on an assignment multiplied by the applicable rate. Any additional costs (such as travel expenses or court fees) are invoiced separately. All rates of &Co Advocaten are exclusive of VAT.
  2. The hourly rates are set at the beginning of each calendar year and are based on the seniority, expertise and experience of the person involved at &Co Advocaten. Under certain circumstances, urgency or changes in expertise, experience or the importance of an assignment may lead to an adjustment of the agreed hourly rate. This will be announced to the client as promptly as possible and will not have retroactive effect.
  3. &Co Advocaten may request an advance payment from the client, for example if the client is new, if it is foreseeable that substantial costs will have to be incurred, or if &Co Advocaten considers that there is reason to do so for other reasons. Any advance payments made will be offset against the final invoice in connection with the assignment.
  4. &Co Advocaten generally invoices on a monthly basis and the payment term for invoices is 14 days. In the event of late payment, &Co Advocaten has the right, without a notice of default, to charge the statutory commercial interest on the outstanding invoice amount.
  5. &Co Advocaten does not have a third-party client account and is therefore unable to receive client funds.

Other provisions

  1. Dutch law applies to the legal relationship between &Co Advocaten and the client. Any disputes, including claims for damages on any grounds whatsoever, shall be submitted to the competent court in Amsterdam.
  2. &Co Advocaten operates an office complaints procedure. This is available on the &Co Advocaten website.
  3. These terms and conditions are available in Dutch and English. In the event of any dispute concerning the content or interpretation of these terms and conditions, the Dutch text shall be binding.

January 2024 version.