General Terms and Conditions of Eisden Attorneys at Law B.V.
Any liability on the part of True Lawyers shall be limited to the amount claimed under the professional liability insurance taken out. If and to the extent that, for any reason whatsoever, no payment is made under the liability insurance, liability shall be limited to the total amount of the invoice(s) of the relevant engagement with a maximum of XCG 10,000.
True Lawyers shall not be liable for damages resulting from the Client’s lack of cooperation, information or materials.
By providing an engagement to True Lawyers, the Client agrees that communication in the context of the implementation of the engagement may take place by means of electronic mail (email communication) and that the implementation of the engagement shall take place as well by means of electronic data communication. The Client shall indemnify True Lawyers in respect of communications by means of e-mail and electronic data.
True Lawyers shall not be liable for damage resulting from the use of (electronic) means of communication, including damage resulting from the non-delivery or no timely delivery of electronic messages by third parties or by software / equipment used for electronic communication and transmission of viruses and other harmful software or equipment.
A claim for compensation of damage shall be submitted in writing to True Lawyers no later than 12 monthsafter the Client detected or could reasonably have detected the damage, failing which the right to compensation of damage towards True Lawyers shall lapse.
Unless otherwise agreed in writing, the fee shall be determined on the basis of the time worked, multiplied by the applicable hourly rate. The fee is exclusive of office expenses and turnover tax to be charged.
The hourly rate and office expenses may be adjusted over time by True Lawyers. Invoicing of work shall take place at least monthly. True Lawyers will pass on costs not included in its rates to the Client. These include, but are not limited to: courier costs, translation costs, bailiff costs, travel costs, court fees, stamp costs, office costs and in general costs of third parties engaged in consultation with the Client. True Lawyers requests the Client to make a deposit (hereinafter ‘advance payment’) prior to the implementation of the engagement, unless expressly agreed otherwise. This advance payment shall be set off against the next invoice for the work to which the advance payment relates.
In principle, True Lawyers shall send invoices for its services once a month. Invoices shall be paid within ten (10) days following the invoice date, failing which the Client shall be in default by operation of law. The work may be suspended by True Lawyers and default interest of one (1) % per month (on the fee to which the invoice relates) may be charged to the Client.
All (extra)judicial costs related to the collection of invoices – with a minimum of 10% of the principal sum – shall be borne by the Client. Invoices shall be sent digitally unless otherwise agreed.
True Lawyers is entitled to charge fees to the Client, plus 8% office expenses to cover incurred postage, telephone, fax, computer, material and other office expenses. The foregoing is without prejudice to True Lawyers’ authority to charge the Client a one-off fixed amount for the creation of a file. All invoiced amounts are exclusive of applicable government taxes and/or levies.
True Lawyers is entitled to postpone the performance of all work in connection with a specific engagement (after True Lawyers has informed the Client thereof by email) until the outstanding amount has been paid in full. True Lawyers shall not be liable for any resulting damage.
Where appropriate, True Lawyers may agree a fixed fee or other type of compensation. Such fee shall depend on the substance of the case, the claims or defences arising therefrom, and the (legal) measures to be taken. Should, after establishing such a fee, due to change of circumstances or wishes of the Client, the nature or scope of the (legal) measures to be taken change, True Lawyers reserves the right to adjust the agreements regarding the fee made in that case.
In case of a fixed fee or other kind of compensation instead of or in addition to a fee to be charged, no refund will be made if the (legal) measures to be taken on account of the Client – for any reason whatsoever – do not take place within twelve months after this fee has been agreed and paid. Nor shall refund be made if the Client prematurely decides to discontinue or suspend the agreed work or legal measures. No interest shall ever be paid on such fees.
Services shall commence after the fixed fee or other type of fixed remuneration has been received by True Lawyers.