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1.De Jonge Advocaten is a partnership of private limited liability companies. These terms and conditions also apply to the participating private limited liability companies, the shareholders
and their management and to all those employed by the partnership, as well as to (the management of) the "Stichting Beheer Derdengelden De Jonge Advocaten", hereinafter jointly called: "DJA".
2.A principal is understood to be: the natural person or legal person who instructs DJA to perform activities. These general terms and conditions also apply to additional assignments and new assignments from principal to DJA. The operation of general terms and conditions from principal is explicitly excluded.
3.All assignments are exclusively accepted and performed by DJA, also if a particular person is intended to carry out an assignment. The applicability of art. 7:404 and art. 7:407 paragraph 2 Burgerlijk Wetboek (BW) [Netherlands Civil Code] is explicitly excluded.
4.Where appropriate, assistants and/or third parties are called in for the performance of activities under responsibility of DJA. DJA will exercise due care in their selection. DJA is not liable for shortcomings on the part of assistants and/or third parties. Principal authorizes DJA to accept liability limitations from these assistants and/or third parties. These general terms and conditions also apply to the activities performed by the assistants and/or third parties called in by DJA.
5.The liability of DJA, the aforementioned participating private limited liability companies, their management, all those employed (having been employed) by the partnership, as well
as the (management of) the "Stichting Beheer Derdengelden De Jonge Advocaten", is limited to the amount that is paid out in the case concerned under the professional liability insurance of DJA, to be increased with the amount of the own risk for the account of DJA in accordance with the applicable contract of insurance.
6.DJA is not liable for damage resulting from the use of (electronic) means of communication (for instance for damage as a result of delay, non-delivery, publication, interception and/or manipulation of electronic messages by third parties or damage caused by applied hardware and/or software or transfer of viruses and the like).
7.Principal will indemnify DJA against all claims from third parties, including the related costs to be incurred by DJA, which are in any way connected with the activities performed
on behalf of principal, except in the case of intent or gross negligence on the part of DJA. Principal is obliged to procure that the terms and conditions in hand are also accepted by
these third parties.
8.Unless agreed otherwise, principal owes DJA a fee in accordance with the customary rates of DJA. This fee is increased with administrative costs (5%), VAT and disbursements (such as court fees, solicitor's and bailiff's fees, as well as Chamber of Commerce, Land Registry and similar costs). Annually, DJA is entitled to adjust the agreed or customary rate to movements in prices.
9.Payment of bills must take place without postponement within 14 days after the date of invoice. All (extrajudicial) costs to obtain payment will be for the account of principal. The
reimbursement of extrajudicial costs amounts to 15% of the invoice amount with a minimum of euro 300.=. Legal interest is owed from the due date.
10.Principal irrevocably authorizes the management of the "Stichting Beheer Derdengelden De Jonge Advocaten" and DJA to use the amounts received for principal into the trust account of the "Stichting Beheer Derdengelden De Jonge Advocaten" or into the account(s) of DJA to pay on behalf of principal of bills made out by DJA to principal.
11.Complaints with respect to activities performed and/or the invoice amount must be made known to DJA in writing within thirty days after the date of dispatch of the documents or
information about which principal is complaining, or within thirty days after discovery of the shortcoming if principal can demonstrate that he could not in reasonableness have detected
the shortcoming earlier. Complaints as meant above do not suspend principal's obligation to pay.
12.Principal is not entitled to multiply, disclose and/or exploit the products (or products of thinking) of DJA, also including methods of working, recommendations and (specimen)
contracts or to have these multiplied, disclosed and/or exploited. DJA remains entitled to any copyrights that may come into existence with respect to work produced by DJA.
13.The dossier built up for the assignment is kept for 7 (seven) years, after which it is destroyed.
14.De Jonge Advocaten has a complaints procedure that is available on the website. A hard copy will be sent on request.
15.All assignments are subject to Dutch law. Disputes are exclusively settled by the competent judge in Rotterdam. DJA also has the right to apply to the competent judge in
principal's place of domicile or residence. These general terms and conditions have been drawn up in the Dutch and English language. In the event of a dispute as to the contents or
purport of these terms and conditions, the Dutch text will prevail.
