GENERAL TERMS & CONDITIONS KRAFT ADVOCATEN
Geerars Advocatuur & Mediation B.V.
- KRAFT Advocaten is a combination of two independently operating law firms, namely Geerars Advocatuur & Mediation B.V. and Van Niel Advocatuur B.V. Each member firm is responsible for its own obligations and liabilities. Assignments are only accepted by the independent law firms collaborating in KRAFT Advocaten. Agreements are exclusively concluded between the Client and the relevant law firm, subject to the applicability of the present general terms and conditions.
- The independent law firms collaborating in KRAFT Advocaten have one joint website (www.kraftadvocaten.nl).
- Geerars Advocatuur & Mediation B.V. “GA&M” has its registered office in Bussum and its office at Nieuwe ’s Gravelandseweg 27, 1405 HK in Bussum and is registered with the Chamber of Commerce under number 81812353. The VAT number is 862228761B01.
Our legal relationship
- These general terms and conditions exclusively govern the legal relationship between KRAFT advocaten (“KRAFT”) and the Client and all that ensues or is related thereto. The applicability of general or special conditions of the Client has been expressly rejected by KRAFT.
- GA&M provides its services exclusively to or for the benefit of the Client. All assignments and other services are accepted and performed exclusively by GA&M, regardless of any other intention. Articles 7: 404 (assignment with a person in mind) and 7: 407 paragraph 2 of the Dutch Civil Code (joint and several liability of several contractors) do not apply.
- Third parties cannot derive any rights from a legal relationship with or a product or service provided by KRAFT to the Client, unless an explicit agreement to the contrary has been confirmed in writing by KRAFT. These general terms and conditions will in all cases be deemed to form part of such an agreement to the contrary.
- These general terms and conditions can also be invoked by Van Niel Advocatuur B.V. and associated lawyers and employees.
- KRAFT is not liable for acts or omissions of a third party.
- KRAFT does not conclude agreements in its own name for the benefit of the Client.
- Communication via e-mail is considered to be in writing.
Fees and payment terms
- Our fees are calculated by multiplying the applicable hourly rate by the number of hours spent on the case, VAT and specific expenses incurred in the performance of an assignment (including court fees, bailiff's costs, costs of extracts, etc.).
- Our payment term is fourteen days after the invoice date. Invoicing takes place in arrears, at the end of each calendar month. The payment term is a strict deadline. If the payment term is exceeded, the statutory commercial interest applies.
- If, for whatever reason, an invoice has not been paid (on time), or if it is reasonably plausible that the Client will not be able to pay a (future) invoice (in time), KRAFT may, at its discretion, (i) make further services dependent on the payment by the Client of a cash advance determined by KRAFT, (ii) suspend its services for an indefinite period of time and/or (iii) terminate the Engagement with immediate effect, without observing a notice period.
- The client is not entitled to suspension or setoff.
Limitation of liability
- An error or carelessness in the services of GA&M can only lead to liability of GA&M. GA&M's total liability for a specific claim is limited to the amount actually paid to GA&M for that claim under its corporate or professional liability insurance, plus the deductible under the relevant insurance.
- If GA&M's corporate or professional liability insurer does not pay GA&M for any reason, GA&M's total liability for all claims together, except insofar as damage is the result of intent or willful recklessness on the part of GA&M, is limited to a maximum of five thousand (5,000) euros.
- The maximum cover under the professional liability insurance of KRAFT is EUR 1,500,000 per claim. The maximum cover under the corporate liability insurance of KRAFT is EUR 1,250,000 per claim per year with a maximum of EUR 2,500,000 for the total entitlements in the insurance year.
- All defenses, including limitation of liability, apply regardless of the legal basis on which the liability is based (including breach of obligation, breach of warranty, tort or indemnification).
- Persons affiliated with GA&M are in no way liable. The term “persons associated with GA&M” includes all past, current and future (a) shareholders of GA&M (“partners”), (b) related entities of GA&M or its partners, and (c) employees, advisers and directors of GA&M. Persons affiliated with GA&M (as well as their legal successors) can also invoke these general terms and conditions.
- Claims for damages of the Client will lapse six months after the Client has become known or could reasonably have been aware of the damage in question and KRAFT as a possibly liable party, unless they have lapsed or become time-barred sooner on the basis of applicable law. Claims for damages of the Client lapse in any case one year after the facts and circumstances that serve as the basis for a claim for damages have taken place.
- The Client indemnifies KRAFT against all third-party claims that are in any way related to or ensuing from work performed by KRAFT for or on behalf of the Client. This indemnification also includes the costs of legal assistance and wrongful reports made under the Dutch Money Laundering and Terrorist Financing (Prevention) Act.
Third part funds
- GA&M does not have a Stichting Beheer Derdengelden and for that reason does not receive third party funds.
- KRAFT maintains (on the basis of Article 11a of the Dutch Act on Advocates) confidentiality with regard to all information that is not already public with regard to the Client's business operations, except in those cases in which law or a court decision requires KRAFT to disclose, or the Client authorizes disclosure.
- The Client hereby gives permission to KRAFT to publish the name of the Client and a brief description of the work performed for the Client.
- The Client agrees that GA&M uses digital means of communication and services for the storage of data. GA&M is not liable for damage resulting from its use and GA&M is also not liable for intercepting, manipulating, infecting, delaying or incorrectly forwarding or forwarding electronic communications, including through viruses and spam filters.
- GA&M processes personal data of its clients and persons working there for optimal service and compliance with legal obligations.
- Unless otherwise agreed upon, KRAFT will keep the file for five years from the date on which case-related activities were performed by KRAFT.
- Based on applicable law, including the Dutch Money Laundering and Terrorist Financing (Prevention) Act (“Wwft”), which is the implementation of the Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, KRAFT is, under certain circumstances, obliged to establish the identity of the Client and that of its ultimate beneficiary and to report unusual transactions within the meaning of the Wwft to the authorities. On the basis of the Wwft, KRAFT is prohibited from reporting to the Client that it has thus reported.
End of the assignment agreement
- 29. Both parties may terminate the asignment agreement in writing at any time without observing a notice period. The assignment agreement will then end immediately. To avoid misunderstanding: cancellation has no influence on what has already become due under the assignment agreement before the date of cancellation. Provisions that by their nature are intended to continue to apply, even after cancellation of this commission agreement, remain in full force.
Applicable law and competent court
- All legal relationships between KRAFT and the Client are exclusively governed by Dutch law.
- All disputes will in the first instance be exclusively submitted to the Utrecht District Court. This article 33 is exclusively governed by Dutch law.
- The duty of confidentiality contained in these terms and conditions does not apply if and insofar KRAFT wishes to make its position known to the competent court in connection with a dispute between KRAFT and the Client.