General terms and conditions
Straatman Koster Advocaten B.V. is a private limited liability company established under Dutch law.
For the purpose of these General Terms and Conditions, “Straatman Koster Advocaten” shall be understood to refer to Straatman Koster Advocaten B.V.
These General Terms and Conditions shall apply to all instructions, including any subsequent, amended or additional instructions, issued by a client of Straatman Koster Advocaten to Straatman Koster Advocaten.
The stipulations contained within these General Terms and Conditions shall apply to the legal relationship that may come to exist with any person who, within or outside of the limits of these General Terms and Conditions, relies upon the advice arising from or in connection with an instruction to Straatman Koster Advocaten.
All instructions shall be deemed to have been issued exclusively to and accepted by Straatman Koster Advocaten, even if it is the express or implied intention that the instruction will be carried out by a specific person. Contrary to Articles 7:404, 7:407 paragraph 2 and 7:409 of the Netherlands Civil Code, the shareholders and directors of Straatman Koster Advocaten, as well as any persons carrying out work for or on behalf of Straatman Koster Advocaten, whether or not there exists a relationship of employment, shall not be personally bound or liable and the instruction shall not terminate as a result of the death of such individuals, even in the event that the instruction was issued with a specific person in mind.
Straatman Koster Advocaten shall exercise due care when engaging third parties that do not belong to its organisation and shall consult the client as far as reasonably possible in the selection of said third parties, except in the case of legal assistance by local counsel or a bailiff. Any liability on the part of Straatman Koster Advocaten in respect of any shortcomings of said third parties shall be excluded.
Any liability on the part of Straatman Koster Advocaten arising from or in connection with the act of carrying out an instruction shall be limited to the sum that is paid out in respect of the professional liability insurance policy taken out by Straatman Koster Advocaten in the case concerned, increased by the voluntary excess amount that applies under the terms of the insurance policy.
The performance of the instructions issued shall take place exclusively for the benefit of the client. Third parties may not derive any rights from this.
Unless agreed otherwise in writing, fees shall be determined on the basis of the hours worked, multiplied by the applicable rates as determined by Straatman Koster Advocaten. Expenses incurred on behalf of the client shall be invoiced separately. A percentage of the fee to be determined by Straatman Koster Advocaten shall be charged as part of the rate in order to cover general office expenses. All amounts stated shall be exclusive of VAT. Straatman Koster Advocaten shall be entitled to change its rate and the travel allowance that it uses for travel by car or train during the term of the instruction.
In principle, the client shall be charged in respect of activities on a monthly basis. The payment term shall be thirty days from the date of the invoice. In the case of overdue payment, Straatman Koster Advocaten shall be entitled to charge statutory interest without further notice of default. An advance in respect of activities carried out or to be carried out may be requested at any time. Activities may be suspended in the event that no advance payment is available in order to cover the cost of these.
Activities arising from the direct or indirect receipt of money in connection with an instruction issued shall be regarded as part of the instruction, even if these activities are caused by a third party.
These General Terms and Conditions are, without prejudice to the provisions of Article 3, also stipulated on behalf of the directors and the shareholders of Straatman Koster Advocaten, as well as the directors and the (indirect) shareholders of the shareholders concerned and all those who carry out work for Straatman Koster Advocaten, whether or not a relationship of employment exists.
Under applicable legislation – including the Dutch Act on the Prevention of Money Laundering and Terrorist Financing – Straatman Koster Advocaten is obliged to verify the identity of its clients and report unusual transactions to the authorities in certain circumstances.
The legal relationship between the client and Straatman Koster Advocaten shall be subject to Dutch law. Any disputes arising from this legal relationship shall be settled exclusively by the competent court in Rotterdam. Claims for compensation shall lapse in the event that these are not submitted to the competent court within one year of discovery. Straatman Koster Advocaten shall be entitled to make an application to the competent court in the client’s place of residence if it so wishes.