General Terms and Conditions
- Maasdam Broers Fischer advocaten is a cost sharing partnership consisting of a legal person, owned by attorneys at law (Maasdam Mededingingsadvocaat B.V.) and three attorneys at law in person (mr. P.A.M. Broers, mr. M.M. Fimerius and mr. A. Stellingwerff Beintema). Assignments awarded to Maasdam Broers Fischer advocaten will be deemed to be assignments accepted and carried out by Maasdam Broers Fischer advocaten only. The partners of Maasdam Broers Fischer advocaten have their own businesses and work for their own risk. Beside the name Maasdam Broers Fischer advocaten the partnership also uses the name: MBF advocaten and MBF.
- These General Terms and Conditions apply to all assignments carried out by the attorneys of Maasdam Broers Fischer advocaten, any of its partners or any person employed by Maasdam Broers Fischer advocaten or any of its partners, including all legal relationships as a consequence of the assignment or related to it. These General Terms and Conditions shall be applicable to any assignment, including supplementary, adapted or follow-up assignments.
- These General Terms and Conditions also apply to any legal relationship arising from or relating to the use of the websites maintained by Maasdam Broers Fischer advocaten.
- Articles 404 and 407 (2) of Book 7 of the Dutch Civil Code shall not be applicable.
- These General Terms and Conditions may also be invoked by those natural persons or legal entities that are involved, directly or indirectly, in any manner whatsoever in respect of the services provided by or on behalf of Maasdam Broers Fischer advocaten.
- Assignments awarded will exclusively be carried out on behalf of the client. Third parties cannot rely on the result of services rendered to the client or their performance and cannot claim any rights therefrom.
- The client agrees that Maasdam Broers Fischer advocaten and persons involved by or on behalf of Maasdam Broers Fischer advocaten in performing the assignment share information with other persons connected with Maasdam Broers Fischer advocaten, whenever this is necessary or profitable for carrying out the assignment or the client relationship. Maasdam Broers Fischer advocaten has drawn up a privacy statement (only available in Dutch) that implements its duty to provide information as a processor of personal data based on Article 13 of the General Data Protection Regulation (2016/679).
- The client allows Maasdam Broers Fischer advocaten to use all common means of communication when communicating with the client, such as internet.
- Any liability arising from or in connection with the performance of the assignment shall be limited to the sum or sums equal to the insurance payment to be received under the joint business liability insurance by Maasdam Broers Fischer advocaten, plus the excess payable by Maasdam Broers Fischer advocaten under such insurance. Information about the terms of the insurance will be provided upon request.
- If the client suffers damages as a consequence of an event for which Maasdam Broers Fischer advocaten is liable by law, but for which their business liability insurance referred to in Article 9 offers no coverage, liability is limited to the amount equal to the amount of fees invoiced and paid by the client, exclusive of VAT and court fees, in the year that the event took place.
- For the performance of an assignment, the client owes a fee plus all disbursements and VAT (if applicable), unless agreed otherwise in writing. The fee shall be determined on the basis of hours spent, multiplied by the hourly rates applicable to the relevant instruction. The applicable hourly rate shall be specified in the description of the assignment presented to the client. In cases of urgency a special hourly rate may be charged. All costs not included in the hourly rates shall be charged separately. These are costs paid on behalf of the client; they include, but are not limited to, court fees, bailiff fees, accommodation expenses, local counsel’s fees, courier costs and translation costs. All amounts are exclusive of VAT, except for untaxed expenses.
- Unless agreed otherwise in writing, billings take place on a monthly basis, with a specification of hours spent. Unless agreed otherwise in writing, all invoices are payable in Euro, within 14 days after invoice date. In case the client fails to pay in time, Maasdam Broers Fischer advocaten may charge legal interests without having to serve notice. In suitable cases, Maasdam Broers Fischer advocaten may request an advance payment for services rendered or to be rendered and may postpone its activities in absence of such advance payment.
- Maasdam Broers Fischer advocaten is not affiliated with a foundation for the management of third-party funds, and does not have a foundation for third-party funds or a third-party bank account.
- Without prejudice to the provisions set forth in Article 89 of Book 6 of the Dutch Civil Code, the right to compensation for damages shall at any rate terminate twelve months after the occurrence of the event that caused, directly or indirectly, the damages for which Maasdam Broers Fischer advocaten is liable. Claims should be submitted in writing and must be motivated.
- Maasdam Broers Fischer advocaten has an office complaints procedure (.pdf, only available in Dutch). Information about this procedure will be provided upon request. In case the office complaints procedure does not settle the dispute between Maasdam Broers Fischer advocaten and the client, the party most apt will submit the dispute to the Dispute Committee for the Legal Profession (Geschillencommissie Advocatuur) to request arbitration (for corporate clients) or binding advice (for private clients). Any dispute relating to the realisation and/or the execution of the assignment, including disputes over invoices, will be settled by the Dispute Committee for the Legal Profession (Geschillencommissie Advocatuur) in according to the rules of this Committee, which will be provided upon request. Disputes that are not suitable to be settled according to the office complaints procedure of Maasdam Broers Fischer advocaten and/or the rules of the Dispute Committee for the Legal Profession (Geschillencommissie Advocatuur) shall exclusively be decided by the competent Court of The Hague. The office complaints procedure and the rules of the Dispute Committee for the Legal Profession (Geschillencommissie Advocatuur) are applicable once the client has signed the assignment which Maasdam Broers Fischer advocaten – enclosing these General Terms and Conditions – has presented to the client.
- The relation between Maasdam Broers Fischer advocaten and the client shall be governed entirely by the law of the Netherlands. Without prejudice of the provisions set forth in Article 14, disputes between Maasdam Broers Fischer advocaten and the client shall be submitted exclusively to the competent Court in The Hague, the Netherlands.
- These General Terms and Conditions are drawn up in Dutch and English. The Dutch text is binding. Maasdam Broers Fischer advocaten may adjust these General Terms and Conditions at any suitable time.
Rijswijk, 1 September 2019