General Terms & Conditions

Clause  1              Haagstate Advocaten

1.1 Haagstate Advocaten is a partnership established in The Hague that comprises - amongst others - personal professional holding companies. Haagstate Advocaten’s purpose is the pursuit of the legal profession. A list of the partners of Haagstate Advocaten will be provided on request.

1.2 The clauses in these general terms and conditions have been included not only for the benefit of Haagstate Advocaten, but also for the benefit of all the partners and all other persons working for Haagstate Advocaten and all persons engaged by Haagstate Advocaten in the execution of any instructions and all persons for whose acts or omissions Haagstate Advocaten could be liable.

Clause 2               The Agreement

2.1 These general terms and conditions apply to all agreements for professional services between Haagstate Advocaten and its clients (including additional and future requests for legal assistance). These general terms and conditions apply also to the pre-contractual phase between Haagstate Advocaten and its clients.

2.2 A contract for professional services shall be formed with Haagstate Advocaten as such. This applies even if the client’s explicit or tacit intention was that the instructions be carried out by a specific person. The effect of Article 7:404 of the Dutch Civil Code and the effect of Article 7:407(2) of the Dutch Civil Code are excluded.

2.3 The instructions that have been given shall be carried out exclusively for the client. Third parties cannot derive any rights from the content of the work carried out.

 Clause 3              Liability

3.1 If the carrying out of instructions by Haagstate Advocaten leads to liability, this liability shall in each case be limited to the amount paid out in the case concerned under the relevant liability insurance of Haagstate Advocaten, including the deductible that is for Haagstate Advocaten’s account under the relevant insurance agreement in the case concerned. The content and conditions of the professional liability insurance meet the requirements set in this respect by the Netherlands Bar.

3.2 If no payment should take place for any reason under the insurance referred to in 3.1, any liability is limited to an amount of €100,000.

3.3 Any and all liability for indirect or consequential damage is excluded under all circumstances.

3.4 Claims concerning liability must be filed in writing and with motivation at the office of Haagstate Advocaten within 12 months of the occurrence of the event that caused the damages.

3.5 Wherever possible and within reason, Haagstate Advocaten will make its choice of third parties to be engaged in a case in consultation with the client and under observance of due care and attention. Haagstate Advocaten cannot be held liable for defaults on the part of such a third party, except in the case of willful intent or gross negligence on the part of Haagstate Advocaten.

Clause 4               Fees

4.1 Our fees will be based upon the time spent by us, multiplied by our usual hourly rates. These fees will be increased with expenses, 6% office surcharge and VAT (if applicable).

4.2 Payment of Haagstate Advocaten’s invoices shall take place within 14 days of the invoice date, without suspension or set off. The client will be in default in the event payment has not occurred within this period.

4.3 Haagstate Advocaten is entitled to amend its basic hourly fee and costs charged by it for travel expenses for travel by car, air carrier or train. If the amendment involves an increase of more than 10%, or if an increase takes place within three months of the contract for professional services between Haagstate Advocaten on the one hand and the client on the other hand coming into effect, the client shall be entitled to dissolve the agreement. The right to dissolve lapses on the 15th day after the invoice date of the first invoice sent to the client after the increase of the basic hourly fee and/or the aforementioned costs for  travel expenses.

Clause 5               WID/MOT

Haagstate Advocaten is obliged to report transactions that are considered unusual on the basis of the Dutch Disclosure of Unusual Transactions Act (“Wet MOT”) with the Registration Centre for Unusual Transactions. On the basis of the Dutch Identification Act (“WID”) is Haagstate Advocaten only authorized to commence its activities, after identification procedure of the client has been fulfilled (if applicable).

Clause 6               Various

6.1 Dutch law applies to the legal relationship between the client and Haagstate Advocaten. Disputes between Haagstate Advocaten and the client shall be submitted exclusively to the District Court of The Hague.

6.2 These general terms and conditions have been drawn up in the Dutch and in the English language. In the event of conflict between the Dutch and English version, the Dutch version text is binding.