1.1 Jebbink Soeteman advocaten is a partnership under Dutch law with the object of practising the legal profession. This partnership is filed at the Chamber of Commerce under number 34330606.
1.2 These general conditions are applicable to all engagements and additional subsequent engagements of Jebbink Soeteman advocaten, and to all legal relationships arising from or related to those engagements.
1.3 These general conditions are also stipulated in respect of natural and legal persons and third-parties directly or indirectly involved in the service provided by Jebbink Soeteman advocaten.
1.4 By engaging Jebbink Soeteman advocaten the client expressly confirms that he has taken note of and agrees to these General Conditions. The applicability of the client’s General Conditions is expressly rejected.
1.5 With the exception of debt collection disputes, the activities of Jebbink Soeteman advocaten are subject to the Dutch Complaints and Dispute Settlement Scheme for the Legal Profession.
2.1 All engagements are deemed to have been issued exclusively to and accepted by the partnership. This also applies if it is the express or tacit intention for the engagement to be carried out by a certain person. The legal effect of articles 7:404 and 7:407, paragraph 2, of the Netherlands Civil Code is excluded.
2.2 The issued engagements will be carried out exclusively for the client. Third-parties cannot derive any rights from the content of the work carried out.
2.3 Jebbink Soeteman advocaten will exercise due care when engaging third-parties not forming part of its partnership and will consult with the client on the selection of those third-parties where that can reasonably be considered possible. All liability for breaches on the part of these third-parties is excluded.
3.1 Invoices for the work carried out will be sent monthly unless the parties enter into agreement to the contrary in writing or if this is precluded by the nature and/or amount of work.
3.2. In the absence of agreement to the contrary between the parties, invoices will be sent in the amount of the hourly rate payable for the person concerned at Jebbink Soeteman advocaten, plus a payment of 6% for office expenses (including telephone, fax and postage charges). Jebbink Soeteman advocaten reserves the right to alter this hourly rate and the office expenses referred to above. Jebbink Soeteman advocaten will charge the client separately for costs not incorporated in its rates, such as (but not limited to) courier charges, translation fees and travelling expenses. For certain types of work or if work has to be carried out under considerable pressure of time, rates 50 – 100% higher than the standard rates may be charged. The client will be informed of this in advance if possible. 3.3 Work will be carried out exclusively following the payment of a deposit.
3.4 Imprisoned (and formerly imprisoned) clients and clients with financial capacity below the limits provided for under the Dutch Legal Aid Act can claim funded legal aid through the Legal Aid Board. Jebbink Soeteman advocaten and the client can agree that contrary to the above the client will be assisted on a paying basis. The client will in that case waive his right to legal assistance based on funded legal aid. In that case, these financial conditions will apply.
3.5 If work is carried out on the basis of funded legal aid, the client will pay a deposit in the amount of the personal contribution to be imposed by the Legal Aid Board (if any). If that amount has not yet been determined by the Legal Aid Board, it will be set at € 750.00. These financial conditions are applicable to the personal contribution.
3.6 In the absence of agreements to the contrary, the client will remit payment within 14 days of the invoice date. The deposit paid by the client will be set off exclusively against the most recent invoice related to the engagement.
3.7 In the absence of agreements to the contrary, the deposit will not be set off against interim invoices during the course of the work. The deposit will be set off against the balance of the final bill following completion or termination of the work. Any remaining amount of the deposit will be returned. If interim bills are not paid on time or in full, it will be possible to set off the payable amounts against the deposit and the lawyer working for the client will suspend his activities until a new advance has been paid. Outstanding bills can also be set off against any amounts that the lawyer is holding on deposit for the client to the extent that those amounts could be paid out to the client without any impediment and notwithstanding the rules set out in the Bookkeeping Regulations of the Netherlands Bar Association.
3.8 Statutory interest will be payable in the event of a bill not being paid within the payment term.
3.9 If payment is not forthcoming following a demand for payment, all judicial and extrajudicial collection costs will be charged in the amount of at least 15% of the amount charged, subject to a minimum amount of € 50.
3.10 If a bill or deposit is not paid within the payment term, Jebbink Soeteman advocaten reserves the right to suspend its activities until the payment obligations have been met in full. Jebbink Soeteman advocaten cannot be held liable for losses suffered as a result of that suspension of activities.
Either party has the right to terminate the contract by giving notice, with immediate effect if required. Upon terminating a contract the client shall at least pay for the services rendered up until the time of termination and work carried out after termination and costs that can reasonably be expected to be borne by the client.
5. Clients’ funds
Clients’ funds are funds received by the Stichting Derdengelden Jebbink Soeteman advocaten for the benefit of the client of Jebbink Soeteman advocaten in a clients’ account (ABN AMRO in Amsterdam, account number 188.8.131.521).
All disputes between the client and Jebbink Soeteman advocaten will be referred to the court with competent jurisdiction in Amsterdam, without prejudice to the right of Jebbink Soeteman advocaten to refer a dispute to a court that would have competent jurisdiction in the absence of this clause.