General terms and conditions

CONDITIONS SUBJECT TO WHICH FT-ADVOCATEN PERFORMS ITS ASSIGNMENTS

  1. FT-advocaten, with its principal place of business at Keizer Karelplein 32N, 6511 NH Nijmegen, assists you or, as the case may be, the (legal) persons and/or bodies affiliated with you, as counsel or as lawyer and representative in the legal proceedings in respect of which you have requested assistance or representation.

  2. FT-advocaten confirms assignments in a confirmation letter. This letter includes the arrangements and the fee.

  3. These conditions apply to all assignments, including expressly additional assignments and follow-up assignments, that are carried out by FT-advocaten, unless FT-advocaten deviates from these conditions in writing prior to the assignment. Any (general) conditions applied by you do not apply.

  4. The performance of assignments that have been granted takes place exclusively for you or the (legal) persons and/or bodies affiliated with you. Third parties cannot derive rights therefrom.

  5. Our procedure means that one lawyer is responsible for the progress of the case. He also determines whether specific developments in the case require the contributions and efforts from a colleague at any time while setting aside Article 7:404 and Article 7:407 of the Dutch Civil Code.

    Fee
  6. The activities that have been performed are charged to you on the basis of the number of hours spent multiplied by the applicable hourly rate that was notified to you in the confirmation letter. This rate may be adjusted in the interim. You will be informed of this in a timely manner.

  7. We charge an hourly rate of € 50,-- for comprehensive secretarial support including making copies of extensive official records.
    Office expenses, such as telephone, fax and postage costs are charged in addition to the fee.

    These amount to 6% of the fee.

  8. Other costs, such as travel and accommodation costs, the external experts engaged through the intervention of FT-advocaten and disbursements are charged to you separately and in full. All amounts are exclusive of VAT.

    Emergency activities/successful assistance
  9. The hourly rate may be increased by a factor of 0.5 to 1 in case of emergency activities. In the event the activities have led to a very successful result, the fee may be increased in full by a factor determined in advance.

    Deposit
  10. A deposit must be paid in order to cover activities that have been performed and that are to be performed as well as the costs. The activities are not performed until after the deposit has been received in the account of FT-advocaten.

  11. The assignment to FT-advocaten is not accepted until after the deposit has been paid. You will not receive interest on the deposit. FT-advocaten may demand an additional deposit if there is reasons to do so. The deposit is not set off against interim claims during the assignment. The remainder of the deposit is returned to you after the assignment has ended and the final bill has been paid.

    Invoice/payment term
  12. The activities performed and the costs incurred are charged to you per calendar month in principle. Invoices must be paid within fourteen days.

    Consequences if invoices are not paid
  13. In the event (interim) invoices are not paid within the payment term, FT-advocaten will have the right to suspend the activities for you until the invoices have been paid.
    FT-advocaten will have the right in such cases to setoff outstanding invoices.

  14. If the deposit is insufficient, Ft-advocaten will not be required to resume the activities until the deposit has been supplemented. A new deposit must have been paid before (following setoff of the deposit against the outstanding invoices) Jaegers & Soons will resume the activities.

  15. If the invoice(s) remain(s) unpaid following (repeated) demands for payment, statutory interest as from the due date of the invoice(s) and any (collection) costs will be charged to you and FT-advocaten will have the right to terminate the assignment.

Joint and several liability of the (legal) persons affiliated with the client

  1. In the event the assignment is granted on behalf of a (legal) person or body affiliated with you, you or the director(s) or representative(s) of this legal person or body, are personally and jointly and severally liable for payment of the invoice(s) in addition to the legal person or this body.

    No financed legal assistance
  2. You may qualify for legal assistance free of charge pursuant to the Legal Aid Act. You have decided not use this legal assistance free of charge unless otherwise agreed with you in writing. The present (financial) conditions therefore apply in full.

    Limitation of liability
  3. Any liability on the part of FT-advocaten is limited to the amount that is paid in the relevant case under the applicable professional liability insurance of FT-advocaten, increased by the amount of the excess that applies under the insurance that is borne by FT-advocaten according to the policy conditions. FT-advocaten is not liable for damage that is not covered by its professional liability insurance.

    Confidentiality
  4. We are obliged to keep the data and information that has been provided by your or on your behalf secret from third parties that are not involved in the performance of the assignment.

  5. This obligation does not apply if we are under a statutory or professional obligation to disclose, which includes the obligation to disclose arising from the Money Laundering and Terrorist Financing (Prevention) Act and/or other national or international regulations of a similar nature. This provision does not prevent confidential consultations with colleagues within our firm’s organisation to the extent we consider such necessary for the careful performance of the assignment or for careful compliance with statutory obligations or professional duties.


Engaging third parties

  1. FT-advocaten will apply due care when performing the assignment, performing the activities and when engaging third parties and it will consult with you in advance as much as possible when selecting these third parties with the exception of local counsels, bailiffs or assistance from colleagues. FT-advocaten expressly excludes all liability for failures on the part of these third parties.

    Manner of storing correspondence
  2. We request that you store the correspondence you have conducted and that you will be conducting with us in a separate folder and state on the outside of this folder as follows:

    CONFIDENTIAL CORRESPONDENCE WITH THE LAWYER

    This will make it clear at all times and for everyone that this correspondence should be disregarded by investigative officers (including from the Fiscal Intelligence and Investigation Service) and cannot be demanded for inspection or seizure.
    Correspondence with your lawyer can only remain secret if you follow this instruction consistently.

  3. Applicable law
    The legal relationship between yourself or with the (legal) persons and/or bodies affiliated with you is governed exclusively by Dutch law.

Searches conducted by the FIOD and the police

“I did not know what was happening to me: the FIOD together with the police were suddenly standing on my doorstep early in the morning in order to carry out a search.” Nobody wants to go through a FIOD raid at their home! It can be very overwhelming when 25 police officers are standing at your door while you know nothing about it. Indicating your boundaries is very important in order to ensure that you do not comply with the FIOD’s wishes unnecessarily. You should therefore immediately call a lawyer at the moment the raid is conducted so that this lawyer can be onsite quickly to oversee the situation and provide a sound solution.

As lawyers, we always work in a solution-oriented manner in these types of situations and we are strict when we have to be. The service we guarantee to you in order to prevent unpleasant situations at all times! You can check under Fraud for information concerning such cases or you can contact us for advice. We can be reached daily by telephone between 08.30 hours and 17.30 hours and by e-mail outside these hours.