Terms and Conditions

Van den Hoogen & Ruijters Advocaten (hereinafter referred to as: VDHR) is a law firm that aims to practice law in the broadest sense of the word.

These terms and conditions apply to all work carried out by VDHR on behalf of the client and to all agreements concluded by VDHR with clients.

The client’s general terms and conditions are explicitly and unambiguously rejected.

These terms and conditions also apply to agreements with VDHR, for the execution of which third parties must be engaged.

If one or more provisions of these terms and conditions are void or become void, the remaining provisions of these terms and conditions will remain fully applicable. The void or voidable provision will be replaced by a valid provision that, in its new formulation, approximates the original essence as closely as possible.

An assignment can be given orally or in writing. Assignments are concluded after VDHR has accepted the assignment in writing and, where applicable, the order confirmation has been signed by the client for approval. If VDHR and the client have agreed that an advance payment must be made before the assignment commences, VDHR is only obligated to begin work or advocacy after VDHR has actually received the advance payment in its bank account.

An assignment is deemed to have been given for an indefinite period unless expressly agreed in writing or it follows from the nature of the assignment that it has been given for a specific period or for a specific project.

All assignments are deemed to have been given to and are accepted exclusively by or on behalf of VDHR, even if the express or implied intention is for an assignment to be carried out by one or more specific persons. The operation of Article 7:404 of the Dutch Civil Code, which provides a provision for the latter case, and the operation of Article 7:407, paragraph 2, of the Dutch Civil Code, which establishes joint and several liability for cases in which an assignment is given to two or more persons, is expressly excluded.

Any liability of VDHR is limited to the maximum amount paid in the relevant case under its professional liability insurance, including the deductible VDHR bears in connection with said insurance. If VDHR is not entitled to compensation for damages resulting from this liability under its professional liability insurance, its liability will lapse.

Without prejudice to the provisions of Article 6:89 of the Dutch Civil Code, the right to compensation for damages shall in any case expire 12 months after the event or omission from which the damage directly or indirectly arises and for which VDHR is liable.

The Complaints and Dispute Regulations for the Legal Profession, as made mandatory from 2015, apply to the services provided by VDHR.

The client indemnifies VDHR against all third-party liability, including reasonable legal costs, that are in any way related to the work performed for the client, unless this is the result of intent or gross negligence on the part of VDHR.

Unless otherwise agreed, the fee will be calculated based on the number of hours worked multiplied by the hourly rate. The Client agrees in advance that the hourly rate may be adjusted annually without the need for a new order confirmation, and that these general terms and conditions remain fully applicable. The relevant hourly rate will be determined at the start of the assignment.

The above applies at all times unless the client is eligible for legal aid.

For both paying clients and legal aid, the fee will be increased, if necessary, by the costs incurred on behalf of the client, advances and invoices from third parties engaged, plus any VAT due to the extent that this is not covered by the legal aid system.

Payment of the invoice amount must be made within fourteen days after the invoice date, without the right to discount, settlement or suspension.

In the absence of this, the client will be in default by operation of law and will owe VDHR statutory interest from the due date.

In the event that VDHR is forced to take extrajudicial or judicial measures to collect its claim, all costs thereof in accordance with the extrajudicial collection costs scale (BIK) will be borne by the client.

VDHR reserves the right at all times to accept orders only on an advance payment basis or to continue the execution of orders already accepted only if the client pays advances to be determined in reasonableness by VDHR to cover future fees and disbursements.

These General Terms and Conditions also apply to any additional or follow-up orders.

Dutch law governs the agreements concluded between VDHR and its client, and any subsequent agreements concluded in implementation thereof. Unless the Complaints and Dispute Resolution Scheme for the Legal Profession applies, any disputes will be settled exclusively by the competent Dutch court in ‘s-Hertogenbosch, East Brabant District Court, the Netherlands.

These General Terms and Conditions have been filed with the registry of the East Brabant court in ‘s-Hertogenbosch under number 54/2014.