General Terms and Conditions Bas Derhaag Advocatuur en Mediation B.V.
1. Bas Derhaag Advocatuur en Mediation B.V. is a private limited liability company incorporated under Dutch law, having its registered office in Amsterdam and registered in the Trade Register under number 34233637. The main purpose of the company is the practice of the legal profession and mediation by S.J.H.V. (Bas) Derhaag, who is the sole shareholder of Bas Derhaag Advocatuur en Mediation B.V.
2. Bas Derhaag Advocatuur en Mediation B.V. is a member of SOURCE, a collaboration of independent lawyers (www.source.law). Within the SOURCE collaboration, Bas Derhaag Advocatuur en Mediation B.V. works for its own account and risk. As a participant in this collaboration, Bas Derhaag Advocatuur en Mediation B.V. has access to the know-how, office facilities and other facilities of the Amsterdam law firm SOLV Advocaten. Bas Derhaag Advocatuur en Mediation B.V. and S.J.H.V. (Bas) Derhaag share offices with SOLV Advocaten and also use the trade names “SOURCE advocaten”, “SOURCE.law” and “SOURCE”. The visiting address of Bas Derhaag Advocatuur en Mediation B.V., SOURCE and SOLV is: Anne Frankstraat 121 (1018 BZ) Amsterdam.
3. All assignments to mr. S.J.H.V. (Bas) Derhaag and/or Bas Derhaag Advocatuur en Mediation B.V. are deemed to have been exclusively given to and accepted and carried out by Bas Derhaag Advocatuur en Mediation B.V.. This also applies if Mr. S.J.H.V. (Bas) Derhaag engages one or more other persons, whether or not connected to SOURCE or SOLV, for the execution of the assignment or parts thereof. The operation of Sections 7:404, 7:407(2) and 7:409 of the Dutch Civil Code is excluded.
4. If during the execution of an assignment an event occurs that leads to liability, that liability will be limited to the amount paid out in the case concerned under the professional liability insurance taken out by Bas Derhaag Advocatuur en Mediation B.V., plus the amount of the deductible that, pursuant to the insurance agreement, is for the account of Bas Derhaag Advocatuur en Mediation B.V. in the relevant case. An event as referred to in the first sentence also includes an omission. Information about the professional liability insurance taken out by Bas Derhaag Advocatuur en Mediation B.V. will be provided on request.
5. If for whatever reason no payment is made under the professional liability insurance referred to in the previous article, the liability of Bas Derhaag Advocatuur en Mediation B.V. will be limited to the fee charged by Bas Derhaag Advocatuur en Mediation B.V. in connection with the assignment in question, with a maximum of EUR 200,000.
6. These general terms and conditions apply to all assignments given to Bas Derhaag Advocatuur en Mediation B.V., including follow-up assignments, additional assignments and new assignments as well as all related legal relationships. If a follow-up order, additional order or new order is given by a natural person or legal entity related to the original client, these general terms and conditions shall also apply to these follow-up orders and/or additional and new orders, for which applicability the original client is capable. The applicability of article 6:227b paragraph 1 of the Dutch Civil Code and article 6:227c of the Dutch Civil Code relating to (the provision of information in and the formation of) e-commerce transactions is hereby expressly excluded if the client acts in the exercise of a profession or business.
7. The stipulations in these general terms and conditions have not only been made for the benefit of Bas Derhaag Advocatuur en Mediation B.V., but also for the benefit of S.J.H.V. (Bas) Derhaag and all those who, whether or not pursuant to an employment contract, are or were employed by Bas Derhaag Advocatuur en Mediation B.V. and are or were involved in the execution of the assignment.
8. Bas Derhaag Advocatuur en Mediation B.V. will exercise due care when engaging third parties and will consult with the client about this as much as possible in advance. Bas Derhaag Advocatuur en Mediation B.V. and mr. S.J.H.V. (Bas) Derhaag are not liable for shortcomings of third parties. SJHV Management BV ensures that in case of other than short-term absence of Mr. S.J.H.V. (Bas) Derhaag (for example due to holidays or illness) a good replacement is provided. If the cases in question cannot be observed by one of the attorneys or lawyers within the SOURCE collaboration or the SOLV law firm, the handling of the matter will be transferred, with notification to the client, to Mr. M. van Haelst of Vestius Advocaten in Amsterdam, who may engage the services of other qualified lawyers from his office in the observation of the cases in question.
9. Bas Derhaag Advocatuur en Mediation B.V. is entitled in communication to use (digital) means of communication and services and (digital) services for storage of data, whether or not offered by third parties. Bas Derhaag Advocatuur en Mediation B.V. is not liable in any way for any damage directly or indirectly resulting from the use of such means of communication and services. Nor is Bas Derhaag Advocatuur en Mediation B.V. liable for damage caused by or the result of intercepting, manipulating, infecting, delaying or incorrectly (re)sending electronic messages and documents, including but not limited to viruses and so-called hacks.
10. All rights of action and all powers of whatever nature vis-à-vis Bas Derhaag Advocatuur en Mediation B.V. in connection with the work performed on behalf of Bas Derhaag Advocatuur en Mediation B.V. shall in any case expire one year after the moment when the person concerned (client or third party) was aware or could reasonably be aware of the existence of the rights and powers.
11. The client is obliged to indemnify Bas Derhaag Advocatuur en Mediation B.V. against all claims of third parties, including reasonable costs of defense against such claims, which are in any way connected with the work performed for the client, unless this is the result of gross negligence or intent on the part of Bas Derhaag Advocatuur en Mediation B.V..
12. Bas Derhaag Advocatuur en Mediation B.V. is entitled to review its rates per calendar year and will inform the client thereof in writing before the start of the new calendar year.
13. Bas Derhaag Advocatuur en Mediation B.V. is authorized, whether or not in connection with an assignment, to process and store the (personal) data of the client in connection with the execution of an assignment granted to Bas Derhaag Advocatuur en Mediation B.V. and for the purpose of relationship management.
14. Every assignment accepted by Bas Derhaag Advocatuur en Mediation B.V. is subject to the office complaints procedure (which complies with the relevant regulations under the Law on Advocates). These regulations can be found at www.SOURCE.law.
15. These general terms and conditions have been drawn up in Dutch and English language. In the event of a dispute about the content or purport of these general terms and conditions, the Dutch text shall prevail.
16. The legal relationship between Bas Derhaag Advocatuur en Mediation B.V. and its clients is subject to and these general terms and conditions are governed by Dutch law. Any disputes, including claims for damages on any account whatsoever, shall be submitted exclusively to the competent court in Amsterdam.
Thus established on 1 February 2019.
