Terms and conditions
All services rendered by Bots van Ravenhorst Advocaten [Lawyers] are governed by the Standard Terms and Conditions listed below.
Article 1 Instruction
1.1. Bots van Ravenhorst Advocaten is a civil partnership consisting of one or more private companies with limited liability and natural persons. Beside the members of the partnership, there are other lawyers associated with Bots van Ravenhorst Advocaten, as well as support staff, including secretaries and paralegal employees.
Our lawyers are registered in the Netherlands with the Netherlands Bar Association [Nederlandse Orde van Advocaten], Neuhuyskade 94, 2596 XM Den Haag, tel. 070 - 335 35 35, info@advocatenorde.nl.
1.2 An instruction accepted by a lawyer will result in an agreement between the Principal and the Bots van Ravenhorst Advocaten Partnership. Unless expressly agreed otherwise, the Partnership is free to determine which lawyer is to carry out the activities ensuing from the instruction. The lawyer shall carry out the instruction to the best of his(1) ability and with the care that may be expected from him. The instruction is not an obligation to guarantee a certain result, but an obligation to perform to the best of one's abilities.
1.3 The Client is the person for whom the activities are carried out. If the instruction is given by another person than the Client, both the Principal and the Client are jointly and severally bound to pay the amount to which the lawyer is entitled, unless otherwise agreed.
1.4 All services rendered by Bots van Ravenhorst Advocaten are governed by the Anti-Money Laundering and Anti-Terrorist Financing Act [Wet ter voorkoming van Witwassen en Financieren van Terrorisme (WWFT)]. As a consequence, Bots van Ravenhorst Advocaten can require in all cases of service rendering, and in family law cases, that the Client/Principal identifies himself with a valid identity card, a certified copy of which will be kept/stored.
Article 2 Confidentiality
2.1 Bots van Ravenhorst Advocaten, its lawyers and all its other staff, are obliged to maintain confidentiality as regards all that comes to their knowledge during the handling of a case about the person of the Client, the nature and the extent of its interests in the case and all that falls under the obligation of confidentiality, which a respectable lawyer must observe vis-à-vis third parties.
In the event that the Client and Principal are not the same person or the same legal person, this confidentiality obligation, in principle, also applies vis-à-vis the Principal; this depends, inter alia, on the nature and content of the activities to be carried out.
2.2 With reference to the Anti-Money Laundering and Anti-Terrorist Financing Act, this confidentiality obligation does not apply if an intended decision to perform such a transaction is reported on the basis of this law.
2.3 Bots van Ravenhorst Advocaten employs electronic means of communication in rendering its services. It endeavours to protect these means of communication against undesirable perusal by third parties. In so far as Bots van Ravenhorst Advocaten has endeavoured to do so within the bounds of reasonableness, it is not liable if undesirable perusal by electronic communication has nevertheless taken place. On request, Bots van Ravenhorst Advocaten is always prepared to organize its services in such a way that electronic means of communication are used as little as possible.
Article 3 Fee
3.1 The lawyer is entitled to a fee, as well as office costs and disbursements.
3.2 The lawyer's fee is determined in accordance with the agreement upon acceptance of the instruction, which shall be shown by the confirmation of the instruction. The hourly rate agreed upon on acceptance of the instruction can be annually increased with effect as from 1 January in accordance with the new hourly rates set by Bots van Ravenhorst Advocaten for a particular year. If, for the implementation of the instruction, more than one lawyer has worked on the instruction, this will take place for the same hourly rate or a lower one than that of the lawyer in question, unless otherwise agreed.
3.3 Office costs are understood to include remuneration for office costs that are not easy to specify such as postage costs, travel expenses that are not further specified, costs for telecommunication, copying and such like; all this is set at 6% of the fee charged.
3.4 Disbursements are understood to include the remuneration of costs made by the lawyer such as court registry fees/charges, bailiff's expenses, specified travel costs and experts' costs.
3.5 Upon acceptance of the instruction, or agreed in the intervening period, an advance on the fee and/or disbursements due can be set, which must be paid by the Client/Principal before the lawyer starts his work. An advance is always set off against the final invoice.
3.6 Unless otherwise agreed, an amount due on fees, office costs and disbursements can be invoiced to the Client/Principal at interim periods of two months. The disbursements referred to in 3.4 can be invoiced immediately as soon as they become due.
3.7 Unless otherwise agreed, an interim invoice or a final invoice will always be accompanied by an itemization.
Article 4 Invoices and suspension of performance
4.1 Invoices must be paid within fourteen (14) days of the date of invoice, failing which the Client/Principal will be in default and, without any warning or notice of default being required, the statutory commercial interest will be due.
In the event that collection measures are taken, extrajudicial collection charges will also be due in accordance with the collection rates of the Netherlands Bar Association [Nederlandse Orde van Advocaten] with a minimum of EUR 100 per invoice.
4.2 If the invoice is not paid in time, the lawyer will have the right to suspend his activities; this also applies to instructions given by the Client/Principal to which the outstanding invoice(s) do not relate, in which case Bots van Ravenhorst Advocaten is not liable for any damage that may arise from the suspension of the activities.
Article 5 Client funds
Moneys received for the Client/Principal will be received as much as possible in the bank account of ‘Stichting Derdengelden Bots van Ravenhorst' [Bots van Ravenhorst Client Fund Foundation] in Utrecht [NL] under number 69.99.04.463 of F. Van Lanschot Bankiers, Utrecht, and will be transferred to the entitled party or parties as soon as possible.
Unless an arrangement to the contrary was made, no interest will be due.
Article 6 Intellectual property rights
The Client/Principal is not allowed to multiply, publish or commercialize advice given by the lawyer, contracts and/or other products of the mind, with or without the help of third-parties, without the prior written permission of Bots van Ravenhorst Advocaten, other than when immediately arising from the instruction itself.
Article 7 Liability
Bots van Ravenhorst Advocaten has insured the professional liability of its lawyers. Liability is limited to the amount, including any policy excess, which in a particular case is considered for payment under this insurance.
Article 8 Filing
Bots van Ravenhorst Advocaten files each and every file during a period of five years after the date of closing a file. After that, Bots van Ravenhorst Advocaten has the right to destroy the file.
Article 9 Complaints/Disputes
9.1 Any legal relationship that arises out of or in connection with a relationship within the meaning of these Terms is subject to Dutch law.
9.2 In the event of a complaint about the services rendered by the lawyer, the Client/Principal can file a complaint with the lawyer himself. If this does not lead to a satisfactory solution for the complainant, at his request, another Bots van Ravenhorst Advocaten lawyer will be appointed to act as the person authorized to deal with the complaint, investigate the complaint and, where possible, act as mediator. Insofar as a complainant wishes to immediately consult another lawyer, he can make this known to Mr(2). J. van Ravenhorst.
9.3 If such is appropriate in the opinion of the Client/Principal and Bots van Ravenhorst Advocaten, the Complaints and Disputes Scheme for the Legal Profession [Geschillenregeling Advocatuur] will be declared applicable to the dispute and the complaint will be brought before aforesaid Complaints and Dispute Scheme.
9.4 If Client/Principal and Bots van Ravenhorst Advocaten do not agree upon appositeness of the Complaints and Disputes Scheme for the Legal Profession [Geschillenregeling Advocatuur] any dispute arising out of the legal relationship must be submitted to the exclusive jurisdiction of the competent court in Utrecht. Claims for compensation expire if proceedings are not commenced in the competent court within one year of discovery thereof.
Article 10 Discrepancy or difference Dutch/English
These Standard Terms and Conditions are available in Dutch and English. In the event of a dispute about the contents or intention of these Standard Terms and Conditions, only the Dutch version and its interpretation under Dutch law are binding.
Translator's notes:
1. All references to gender are intended as gender-neutral.
2. Mr. is the title awarded to Dutch law graduates
