General terms and conditions

GENERAL TERMS AND CONDITIONS OF SERVICE OF BOOGAARD ADVOCATEN IN MIDDELBURG

 

1.     Definitions

 

In these general terms and conditions, the following definitions shall apply:

 

a.    the company: Advocatenkantoor Boogaard B.V., also doing business under the name Boogaard Advocaten, having its registered office in Middelburg;

b.    client: the contracting party of the company;

c.     firm: the company and, both jointly and severally, the directors of the company, or natural persons and legal entities associated with the company on the basis of an employment, temporary employment, assignment or other agreement, including the directors of the latter;

d.    fee: the financial compensation (time-proportionate or otherwise) -excluding disbursements and office expenses as referred to under e. and f.- which the company has agreed with the client for the performance of the assignment;

e.    disbursements: the costs incurred by the company in the interest of the performance of the engagement;

f.     office expenses: the fixed surcharge on the fee to cover the costs of office facilities;

g.    office complaints procedure: the written representation of the internal complaints procedure used at the firm;

 

2.     Applicability

 

a. These general terms and conditions shall apply to all assignments as well as to all legal relationships as a result thereof or in connection therewith, unless agreed otherwise in writing prior to the conclusion of an assignment. These general conditions are also stipulated for the benefit of persons affiliated with the company and third parties who - whether or not in employment - are engaged by the company in the performance of any instruction or are or may be liable in connection therewith.

b. Deviations from these general terms and conditions will only apply if they have been agreed in writing between the company and the client.

c. The applicability of any general terms and conditions of the client or third parties is expressly rejected.

 

3.     Assignment

 

a.   The legal relationship between the company and the client is governed by Dutch law.

b.   All assignments are carried out in accordance with the rules laid down in the Lawyers Act and the Code of Conduct for Lawyers.

c.   An assignment is not concluded until it has been accepted by the company. With respect to the formation of an assignment, the company can only be represented by lawyers affiliated with the firm.

d.   Any assignment to the firm shall be deemed to have been granted exclusively to the firm, i.e. the client agrees that the firm shall have the assignment carried out under its responsibility by the firm, or, if necessary, by third parties on behalf of the firm. Even if it is the express or implied intention that an assignment will be carried out by a particular person, the assignment is still considered to have been granted to the firm. The effect of articles 7:404 BW, 7:407 paragraph 2 BW and article 7:409 BW is excluded.

 

4.     Invoices

 

a.   For the execution of an assignment, the client shall owe the fee plus disbursements, a surcharge for office expenses of 6% of the fee and turnover tax. If the client appoints a third party to settle the invoices, the client shall remain jointly and severally liable for the payment of the invoices in addition to such third party.

b.   If the work performed extends over a period of more than one month, interim invoices will be issued. The company is entitled to adjust the agreed hourly rate annually as from 1 January of each new year by the same percentage as the adjustment of the company's standard hourly rate.

c.   A specification is attached to the invoice. Comments and complaints about the specification must be made known within two months of the invoice date on penalty of cancellation.

d.   The company shall always be entitled to demand payment of an advance from the client. An advance payment received will be set off against the first invoice or against the final invoice of the assignment.

 

5.     Payment

 

a.   Payment of the company's invoices must be made within 14 days of the invoice date. If this term is exceeded, the client shall be in default by operation of law and shall owe default interest equal to 1% of the outstanding balance per month.

b.   Only payment by transfer to a bank account in the name of the company will lead to discharge of the client.

c.   If the company takes collection measures against the client who is in default, all extrajudicial and judicial costs related to such collection, with a minimum of 15% of the outstanding balance, shall be borne by the client.

d.    Client shall not be entitled to suspend or set off payment.

e.    The company does not receive third-party funds.

 

6.     Liability

 

a. The client is obliged to provide the company with correct information on penalty of forfeiture of any claim, however named and on whatever account, against the company. The client shall indemnify the company for claims by third parties if it fails to comply with the aforementioned obligation.

b. The firm's liability for damages arising out of or in connection with the performance of an assignment shall always be limited to the amount paid out under its liability insurance policy in the matter concerned, plus the amount of the excess under the policy concerned.

c. If and insofar as no payment is made under the liability insurance, any liability shall be limited to the amount invoiced and received by the company in the matter concerned up to a maximum of € 50,000. Any further liability is excluded.

d. When engaging third parties, the company shall always exercise due care. However, the company shall not be liable for shortcomings of third parties (engaged by the company) or for the improper functioning of equipment, software, data files, registers or other items used by the company in the performance of the agreement. The company is authorised by the client to accept any limitations of liability of third parties on behalf of the client. The client shall indemnify the company against all third party claims, including reasonable costs of defence.

e. The limitations of liability described under c. and d. do not apply to intent or gross negligence of (the directors of) the Company, and/or of its executive employees, including the lawyers associated with the firm.

f. Any claim of the client against the company, except a claim of the client which has been acknowledged by the company, shall lapse after 12 months from the occurrence of such claim unless the company has been notified thereof in writing within such period.

 

7.    Complaints and disputes settlement procedure

 

a.    An office complaints scheme applies to the legal relationship between the company and the client. This regulation can be consulted via http://www.boogaardadvocaten.nl/. A copy of this regulation can be obtained free of charge from the lawyer handling the case and will be sent upon request.

b.    Disputes arising from the performance of the company's services -including all invoice disputes-, which cannot be resolved internally, shall be settled exclusively by the District Court of Zeeland-West Brabant, location Middelburg.

 

These terms and conditions were filed on 24 June 2025 at the registry of the Court of Zeeland-West Brabant, location Middelburg under number 7/2025.