Terms and conditions Skanderova Advocaat
Applicability and authority to change
1. These general terms and conditions apply to every assignment accepted by Skanderova Advocaat. Skanderova Advocaat is the trade name of a by ms C.Z.A.M. Skanderova LL.M. in the form of a one-man business driven law practice. Skanderova Advocaat is headquartered in Eindhoven and is registered in the trade register under number: 59740957. The Stichting Beheer Derdengelden Skanderova Advocaat (third-party funds) is registered under number: 72299983. Of the present general terms and conditions there is a Dutch version (can be found on www.skanderova.nl) and an English version (to be read on www.skanderova.eu). In case of a discrepancy between these versions the Dutch version prevails.
2. These general terms and conditions also apply to any additional and follow-up assignments of her clients.
3. The clauses in these general terms and conditions apply not only to Skanderova Advocaat, but also to all persons and third parties associated with Skanderova Advocaat who have been engaged by Skanderova Advocaat in the performance of any assignment.
4. Skanderova Advocaat is entitled to change these general terms and conditions. These changes take effect at the time of change and publication by publication on the website of Skanderova Advocaat: www.skanderova.nl (Dutch version) and www.skanderova.eu (English version).
5. After an assignment has been provided, an agreement will only be concluded when Skanderova Advocaat has accepted it in writing (in the form of an order confirmation) or verbally, or after (whether or not an order for) addition (subsidized legal assistance).
6. Skanderova Advocaat will check whether there are reasonable indications that the assignment is for the preparation, support or protection of illegal activities prior to the acceptance of the assignment.
7. All assignments will only be accepted and executed by the sole proprietor Skanderova Advocaat, even if the assignment will be performed by a certain person associated with Skanderova Advocaat. The effect of articles 7: 404 of the Dutch Civil Code (BW) and 7: 407, second paragraph of the Dutch Civil Code is hereby expressly excluded.
8. The liability of Skanderova Advocaat for damage arising from or related to an attributable shortcoming, or wrongful act, or which is based on any other legal ground, is limited to the amount that is being paid under the professional liability insurance taken out by Skanderova Advocaat plus the amount of the own risk that Skanderova Advocaat holds in connection with that insurance. Information about the policy conditions in this respect will be given on written request.
9. Skanderova Advocaat is not liable for indirect damage, including expressly, but not exclusively, consequential loss, immaterial damage, financial loss and personal injury.
10. Third parties can not derive any rights from the content of the work performed. The client indemnifies Skanderova Advocaat against claims by third parties who claim to have suffered damage as a result of or in connection with work performed by Skanderova Advocaat on behalf of the client.
11. Skanderova Advocaat can, in consultation with the client, engage third parties in the performance of the assignment. If Skanderova Advocaat engages a person not connected to her, she is not liable for any mistake made by this person. By giving Skanderova Advocaat an assignment, the client gives Skanderova Advocaat the authority to accept the limitation of liability by a person not associated with her on behalf of the client.
12. The client shall ensure that all data of which the client should reasonably understand that these are necessary for the execution of the agreement, are provided to Skanderova Advocaat timely. If the data required for the execution of the agreement have not been provided to Skanderova Advocaat in time, she has the right to suspend the performance of the agreement and / or charge the client for the costs resulting from the delay according to customary rates. Skanderova Advocaat is furthermore not liable for the damage, of whatever nature, caused by Skanderova Advocaat assuming incorrect and / or incomplete information provided by the client, unless this inaccuracy or incompleteness should have been known to her.
13. All rights and other powers of a client towards Skanderova Advocaat in connection with work performed by her lapse as soon as a period of one year has expired after the day on which the client became known or could reasonably have known about the existence of these rights and authorizations.
14. The agreement will end by completing the assignment. Both Skanderova Advocaat and the client have the right to terminate the agreement earlier. In that case, the client is obliged to reimburse the work done up to that time. In both cases, Skanderova Advocaat has the right to keep the client's file in her possession until the payment obligation has been fully complied with, unless and insofar as an absolute necessity arises in that case.
15. Skanderova Advocaat will only be guided by the interests of her client in the performance of the assigned work. In doing so, the applicable laws and regulations will be observed, including the rules of conduct for attorneys and the regulations and guidelines of the Dutch Bar Association (Nederlandse Orde van Advocaten, NOvA).
16. The accepted assignment leads to a best efforts obligation of Skanderova Advocaat and not to an obligation of result. Skanderova Advocaat carries out the assignment to the best of her ability with due care.
17. Without prior consent, the client is not permitted to modify, multiply, distribute, publish, make public and / or publish any advice, agreement, procedural document or other product of the mind produced by Skanderova Advocaat, with or without the involvement of third parties.
Fee and invoicing
18. For the execution of the assignment the client owes Skanderova Advocaat a fee, plus office costs (5%) and VAT (21%). Office costs are understood to mean the unspecifiable office costs, such as postage, telephone, fax, photocopying costs etc. These office costs are set at a flat rate of 5% of the fee. Office costs are not charged in case the legal activities are performed on the basis of an (order to) addition, or when there is a fixed price agreement.
19. In addition, any expenses will be charged to the client. Expenses are understood to mean costs such as court fees, debt collector costs, travel- and accommodation costs etc.
20. Unless a fixed price agreement applies, or if and insofar as the legal activities are performed on the basis of the aforementioned (order to) addition, the fee payable to Skanderova Advocaat shall be calculated on the basis of the hourly rate agreed at the office.
21. Skanderova Advocaat is entitled to change the hourly rate to be set annually on the 1st of January.
22. In principle, Skanderova Advocaat will declare monthly, unless a fixed price agreement has been made or when a personal contribution has been imposed by the Raad voor Rechtsbijstand (RvR).
23. Declarations must be paid within 14 (fourteen) days of the invoice date in the manner stated on the invoice. The client waives any right to invoke suspension or setoff. In the absence of payment within the aforementioned 14 (fourteen) days, Skanderova Advocaat will send a one-time payment reminder and grant a new payment term of 14 (fourteen) days. After the second period of fourteen (14) days has expired unused, the client is legally in default and a default interest is due equal to the statutory interest pursuant to article 6:119 Dutch Civil Code, or a default interest equal to the statutory commercial interest pursuant to article 6:119a Dutch Civil Code. All (extrajudicial) costs that Skanderova Advocaat must incur in connection with the collection of her claims will be borne by the client.
24. In the event of liquidation, (imminent) bankruptcy or suspension of payment of the client, the obligations of the client will be immediately due and payable.
25. Skanderova Advovaat is at all times entitled to demand one or more deductible advances by the client prior to or for continuation of her services. In the absence of payment thereof, Skanderova Advocaat is authorized, after prior announcement, not to commence, suspend or discontinue her work. Skanderova Advocaat does not accept any liability for any damage that the client suffers as a result of a suspension of the work as referred to above.
26. Unless explicitly agreed elsewise, the advance payment or advances will be settled with the final invoice in the relevant case. Skanderova Advocaat is also entitled to set off the advance with unpaid invoices from the client in the relevant case or in other cases.
27. Funds that Skanderova Advocaat holds for the client or receives on his or her behalf are placed on the third-party fund account of the 'Stichting Beheer Derdengelden Skanderova Advocaat'. To offset the costs of administration and management of the account, no interest is paid on third-party funds as referred to here.
28. In case of absence as a result of (long-term) illness or vacation, you can contact the external secretariat on telephone number: +31407983090. The secretariat will, if necessary, take a message and / or refer you if and insofar as necessary to the hereafter mentioned attorney who will handle your case in the occurring situation, or will bring you in contact with another person to be appointed. Ms M.T. Kouwenhoven, having her office at (5629 NK) Eindhoven on the Falstaff 11, telephone number: +31621505285 (replacing attorney for criminal cases).
29. After the end of the assignment, the original documents present in the file will be provided to the client at his or her request. The file is kept for the legal term of 5 (five) years after the end of the case and can be given to the disposal of the client on request by paying for the costs actually incurred in order to clear the file from the archive.
Office complaints regulation
30. The Skanderova Advocaat Office Complaints Procedure applies to every agreement between Skanderova Advocaat and her clients. This complaints procedure is published on the website of Skanderova Advocaat: www.skanderova.nl (Dutch version) and www.skanderova.eu (English version) and will be made available on request.
Applicable law and forum of choice
31. Exclusively Dutch law applies to the agreement between Skanderova Advocaat and the client. Any disputes ensuing from the agreement will only be settled by the competent court in the court district of East Brabant, without excluding the authority of the organs of the Dutch Bar Association (Nederlandse Orde van Advocaten, NOvA).