Van Leeuwen Advocatuur & Legal is a sole proprietorship based in Amsterdam and registered with the Chamber of Commerce under number 42208112. Van Leeuwen Advocatuur & Legal is a law and legal services practice.
These general terms and conditions apply to every assignment, follow-up assignment or supplementary assignment between a client and Van Leeuwen Advocatuur & Legal, and to every non-contractual relationship or obligation arising from it. Any general terms and conditions of the client are expressly rejected. These general terms and conditions also apply to the legal relationship of any person who, within or outside the limits permitted by these general terms and conditions, relies on advice arising from or connected with the assignment.
The provisions of these general terms and conditions also apply for the benefit of the (indirect) shareholders and directors of Van Leeuwen Advocatuur & Legal, all persons who work or have worked for Van Leeuwen Advocatuur & Legal (on whatever basis), and all natural or legal persons for whose acts or omissions Van Leeuwen Advocatuur & Legal could be held liable. These provisions constitute an irrevocable third-party clause for the benefit of these persons, allowing them to invoke these terms and conditions as well.
Assignments and performance
An engagement agreement between the client and Van Leeuwen Advocatuur & Legal is formed only after Van Leeuwen Advocatuur & Legal has expressly accepted the engagement (in writing).
All assignments are accepted and carried out exclusively by Van Leeuwen Advocatuur & Legal, even if it is expressly or implicitly intended that an assignment be carried out by a particular person. The application of Articles 7:404, 7:407(2) and 7:409 of the Dutch Civil Code is excluded.
The performance of services under an engagement is solely for the benefit of the client. Only Van Leeuwen Advocatuur & Legal’s direct client may derive rights from the work and advice provided by Van Leeuwen Advocatuur & Legal. The client may not provide or disclose the advice or results of the work to third parties unless Van Leeuwen Advocatuur & Legal has given its express prior written consent.
Either the client or Van Leeuwen Advocatuur & Legal may terminate the assignment in writing at any time. The client is always required to pay for the services already provided and the costs incurred by Van Leeuwen Advocatuur & Legal.
Legislation and regulations (Wwft)
Under the Money Laundering and Terrorist Financing (Prevention) Act (Wwft) and other laws and regulations, Van Leeuwen Advocatuur & Legal is required to conduct client due diligence and request additional information and documentation. Van Leeuwen Advocatuur & Legal is also required to report unusual transactions.
Engaging third parties
When engaging third parties (such as bailiffs, experts or foreign lawyers), Van Leeuwen Advocatuur & Legal exercises due care. Van Leeuwen Advocatuur & Legal is not liable for damage resulting from any shortcomings, errors or actions of these third parties. An assignment to Van Leeuwen Advocatuur & Legal also includes the authority to accept any terms and conditions of third parties, including limitations of liability, on behalf of the client.
The client indemnifies and holds Van Leeuwen Advocatuur & Legal harmless against all claims by third parties (including any clients or business contacts of the client) that are in any way related to the work performed for the client, including the costs of legal assistance for Van Leeuwen Advocatuur & Legal.
Fees and expenses
Unless otherwise agreed in writing, Van Leeuwen Advocatuur & Legal's fees shall be charged on the basis of the number of hours worked multiplied by the hourly rate set by Van Leeuwen Advocatuur & Legal. Van Leeuwen Advocatuur & Legal reserves the right to revise its rates unilaterally once a year. Van Leeuwen Advocatuur & Legal shall inform the client of this in advance, allowing a reasonable period of notice.
Expenses and disbursements incurred on behalf of the client (such as court fees, courier costs, travel expenses and extracts) will be charged separately.
Unless expressly stated otherwise, all amounts quoted by Van Leeuwen Advocatuur & Legal are exclusive of VAT and any other government levies or taxes.
Invoicing and payment
Van Leeuwen Advocatuur & Legal generally submits invoices monthly. Invoices must be paid within fourteen days of the invoice date.
If payment is not made on time, the client is immediately in default by operation of law, without any further notice of default being required. From that moment, the client owes statutory (commercial) interest. All outstanding invoices become immediately due and payable.
All judicial and extrajudicial costs related to the collection of invoices issued by Van Leeuwen Advocatuur & Legal are entirely for the account of the client.
The client may not invoke suspension or set-off in respect of its payment obligations.
Van Leeuwen Advocatuur & Legal is always entitled to request an advance payment from the client towards its fees or expenses. If the advance payment is not made on time, Van Leeuwen Advocatuur & Legal is entitled to suspend or discontinue its work with immediate effect. Any advance payment received will be offset against the final invoice.
Limitation of liability
Any liability of Van Leeuwen Advocatuur & Legal arising from or in connection with the performance of an assignment is limited to the amount paid out in the relevant case under the professional liability insurance taken out by Van Leeuwen Advocatuur & Legal, plus the amount of the deductible applicable under that insurance.
If, for any reason, no payment is made under the aforementioned insurance, Van Leeuwen Advocatuur & Legal’s liability is limited to the amount invoiced to and paid by the client for the relevant assignment in the calendar year in which the liability arose, subject to an absolute maximum of EUR 5,000.
Van Leeuwen Advocatuur & Legal expressly excludes liability for consequential loss, loss of profit, loss of savings, loss of data or loss resulting from business interruption.
The client agrees that Van Leeuwen Advocatuur & Legal may use (digital) communication tools, software and data storage services provided by third parties. Van Leeuwen Advocatuur & Legal is not liable for any damage resulting from the use or improper functioning of such products or services.
Third-party funds, complaints and governing law
Any claim for compensation against Van Leeuwen Advocatuur & Legal lapses if Van Leeuwen Advocatuur & Legal is not notified in writing, with adequate supporting details, within fourteen days of discovery of the event causing the damage. In any event, all claims definitively lapse one year after the day on which the client became, or reasonably should have become, aware of the event that may give rise to liability.
Van Leeuwen Advocatuur & Legal does not have a third-party funds foundation or a third-party funds account. Van Leeuwen Advocatuur & Legal therefore cannot and may not receive third-party funds.
The mandatory office complaints procedure prescribed by the Netherlands Bar Association applies to the services provided by Van Leeuwen Advocatuur & Legal. This procedure is available at www.vanleeuwenlegal.nl.
The legal relationship between Van Leeuwen Advocatuur & Legal and the client, and any non-contractual obligation arising from it, are governed exclusively by Dutch law. The Amsterdam District Court has exclusive jurisdiction at first instance to hear any dispute between Van Leeuwen Advocatuur & Legal and the client.
These general terms and conditions are available in Dutch and English. The Dutch version shall prevail.