Genetal terms and conditions Richard Korver Lawyers

RICHARD KORVER ADVOCATEN is a partnership of (legal) persons consisting of: the private company with limited liability jeadvocaat.nl B.V., from which mr. works, the private company with limited liability Van Rossen advocatuur B.V. and one independent practice namely that of mr. Joan Du Bois.

In the following, each participant in the partnership will be referred to as “Richard Korver Lawyers” or contractor and the client will be referred to as “client.”

General

1. These general terms and conditions are also stipulated for the benefit of any third party, whether employed or not, engaged in the performance of any assignment or who is or may be liable in connection therewith. Both Richard Korver Advocaten and their directors, as well as individual persons who work or have worked for Richard Korver Advocaten, may therefore invoke these general terms and conditions, as well as all persons engaged in the performance of any assignment of a client.
2. The applicability of Articles 7:404 and 7:707 (2) of the Civil Code is excluded.
3. These general conditions also apply to additional assignments and follow-up assignments from the client. They have been drawn up in Dutch and English. In the event of a dispute regarding the content or scope of these terms and conditions, the Dutch text and its meaning in Dutch jurisdiction shall be binding.
4. The most recent version of these general terms and conditions can be downloaded and/or viewed on the website richardkorver.nl and will also be sent free of charge upon first request.
5. The lawyers undertake to make every effort to obtain the result desired by the client, but no guarantee of that result is given.

Finance

6. At the start of the assignment the financial consequences will be discussed, insofar as they can be foreseen at that time. In any case, a fee for the lawyer and, if applicable, his/her assistant(s) will be agreed upon, unless acting on the basis of an addition (subsidized legal aid).
7. Richard Korver Advocaten does not charge office expenses. However, costs incurred by and for third parties, travel & accommodation expenses, court registry fees, costs of extracts, as well as excessive other costs will be charged. Regarding excessive other costs, one can think of costs related to courier services, registered mail, copying costs in case of more than 50 printouts, etc.
8. Billings should be paid promptly, that is, within 14 days. Unless expressly agreed otherwise and in writing, our lawyers work only on an advance payment basis. If the client fails to pay the invoice (on time) or in full, the contractor is entitled to suspend his/her activities. Furthermore, a right to compensation of the statutory (commercial) interest will then also arise. In addition, all costs of collection of the invoice with a minimum of EUR 40,00 will be for the account of the client. In the event of late or incomplete payment, the contractor has the right to retain the client’s file under certain circumstances until the outstanding invoice has been paid or the client has provided adequate security by means of a deposit with the dean of the Bar Association.
9. Richard Korver Advocaten is entitled to change its hourly rate and the fees it charges in consultation with the client. Richard Korver Advocaten is always entitled to ask the client for an advance payment on the fees and costs to be incurred.
10. In principle, payments should always be made by wire transfer or deposit into the bank account number as stated on the statement of expenses.
11. Billing shall be made in units of 6 minutes, meaning that work lasting less than 6 minutes shall be rounded to 6 minutes. Billings shall include a breakdown of work performed and disbursements made.
12. In principle, declarations are made monthly. This monthly declaration may be omitted if the amount to be declared would be less than EUR 250.00.
13. Travel costs will be charged at EUR 0.28 per kilometer, parking costs will be charged separately at cost price, public transport costs will be charged at first class rate. Travel time will be charged at 50% of the agreed fee, unless otherwise agreed in writing.
14. Funds from third parties for the benefit of clients or from clients for the benefit of third parties are managed by Stichting Beheer Derdengelden Richard Korver Advocaten. This foundation holds a bank account at Rabobank: NL 47 RABO 0142 5349 86.

Client-office relationship

15. By providing the assignment, client agrees that his/her personal data will be included in computerized systems of the firm, which are obviously subject to the lawyer’s legal professional secrecy.
16. By granting the assignment, client agrees to correspondence from the lawyer and the firm only by e-mail, unless expressly agreed otherwise. Thus, communications made by e-mail from and to the client’s address are written communications.
17. Client is obliged to provide all facts and circumstances that may be of importance for the correct execution of the assignment, as well as all information required by Richard Korver Advocaten, to the lawyer in question. The client guarantees the accuracy and completeness of all information provided by him/her to Richard Korver Advocaten.
18. Records shall be retained by the contractor for up to five years after completion of the assignment. Thereafter, the contractor may destroy them without further notice. Copies of files can always be requested. These will be provided on payment of at least EUR 100.00 per file. The amount of the fee will be communicated in advance. The contractor shall not be obliged to provide a copy until the fee has been paid.
19. The attorney at law is authorized not to comply with any instruction concerning the execution of the assignment, if, in the opinion of the attorney at law, the instruction is incompatible with the independence that an attorney at law must maintain
20. By virtue of their right to privilege, each attorney at law is entitled to keep confidential any data and information provided to them, and they are obliged to do so by virtue of their duty of confidentiality. This obligation does not apply if there is a statutory or professional obligation to disclose, Richard Korver Advocaten and the persons working there are entitled to invoke their duty of confidentiality and right to privilege, regardless of the client’s position in this respect.
21. Richard Korver Advocaten is authorized to terminate an agreement with immediate effect, if, in the opinion of the attorney at law, the agreement is not compatible with the Code of Conduct for Attorneys at Law or other regulations of the Dutch Bar Association, or if the client fails to provide expressly requested information, does not fulfill his payment obligations or other obligations towards Richard Korver Advocaten, or otherwise hinders the firm or the attorney at law in carrying out the assignment.
22. The Contractor may be replaced, both in and out of court, by a fellow firm member or lawyer from another firm. The client gives permission for this in advance. Naturally, this opportunity will be exercised with restraint, but vacations, illness and double scheduling by judicial authorities or force majeure may constitute reasons for the contractor to be replaced. Naturally, if possible, this will be discussed in advance. In such a case, the substitute will not be charged a higher rate than the Contractor’s own rate unless expressly agreed otherwise.
23. Client, by issuing the order, expressly authorizes Contractor to speak to and inform the press wherever in Contractor’s judgment it is appropriate to do so. 
    

Complaint Resolution

24. The firm has a complaints procedure. If discussion with the lawyer in question does not provide a solution or is undesirable, the complaints procedure is activated. There are two complaints officers, namely Mr. Richard Korver and Mr. Jacques Van Rossen. Naturally, complaints about one of them will always be handled by the other. Mr. Korver handles complaints about mrs. Du Bois & Van Rossen. Furthermore, Mr. Van Rossen handles complaints about Mr. Korver.
25. If the handling of the complaint by the complaints officer does not lead to a satisfactory solution, the client naturally has the right to submit any complaints to the Amsterdam Bar Association. The website (https://richardkorver.nl/klachtenregeling/) of Richard Korver Advocaten contains the detailed version of the complaints procedure.

Liability

26. The liability of the lawyers and legal entities working in the aforementioned partnership is limited to those cases in which the insurer pays out and, moreover, limited to the amount paid out by the insurer, to be increased by the deductible.
27. The client indemnifies Richard Korver Advocaten and its participants against third party claims. The applicability of Section 6:76 of the Dutch Civil Code is excluded. A shortcoming of a person not associated with Richard Korver Advocaten and/or its participant(s), but who has been involved in the execution of the assignment in accordance with Article 2.4, can only be attributed to Richard Korver Advocaten and/or its participant(s), if the client proves that Richard Korver Advocaten and/or its participant(s) did not exercise due care in selecting this person.
28. Persons engaged in connection with the performance of a client’s assignment may wish to limit their liability in connection therewith. Client agrees that Richard Korver Advocaten accepts liability limiting clauses of third parties on behalf of client.
29. All rights of action and other powers of the client against the lawyer handling the case or lawyers associated with the partnership in connection with the work performed shall lapse as soon as a period of one year has elapsed after the day on which the client became aware or could reasonably have become aware of the existence of such rights and powers.
30. Client shall indemnify Richard Korver Advocaten against third party claims.
31. The limitation and exclusions of liability contained in these general terms and conditions, lapse of time and indemnities shall also apply to all extra-contractual claims of the client against the handling attorney or the attorneys associated with Richard Korver Advocaten and its participants, insofar as they are related to the performance of an assignment by the handling attorney or the attorneys associated with Richard Korver Advocaten.

Website

32. The (content of the) website of Richard Korver Advocaten is intended and compiled to provide general information only and cannot be construed as legal advice. Richard Korver Advocaten and its participants are not liable for any damage resulting from the inaccuracy or incompleteness of the data mentioned on this website. Receipt of this information does not constitute a relationship of any kind between Richard Korver Advocaten and the recipient of the information.
33. This website contains information, data, software, photographs, graphics and other materials that are protected by copyright, trademark or other proprietary rights. Use of such information without the express permission of Richard Korver Lawyers is not permitted.
34. Richard Korver Advocaten’s website will contain links to other websites. Richard Korver Advocaten has no control over such linked websites and is not responsible for the content of linked websites or links on linked websites.
35. The website allows a client to fill out a satisfaction survey, anonymous or otherwise, and send it to Richard Korver Lawyers.

Applicable law

36. The legal relationship between Richard Korver Advocaten and client see preamble is governed by Dutch law. Only a Dutch court has jurisdiction over any dispute arising between Richard Korver Advocaten and a client. All disputes will be submitted to the competent court of the District Court of Amsterdam.
37. A clause differing from the terms and conditions shall be valid, insofar as it has been expressly accepted in writing by the treated attorney.