- SCHMDT Advocatuur is a trading name of Advocatenpraktijk J.M. Schmidt B.V. (hereinafter also to be called “SCHMDT”).
- These general terms and conditions are applicable to all services rendered by SCHMDT, including additional and subsequent services. Applicability of any general terms and conditions used by the client is excluded.
- The legal relationship between SCHMDT and her clients is governed by and subject to Dutch law.
- All assignments will exclusively be accepted and carried out by SCHMDT, even if it is the explicit or implicit intention that a certain person carries out the order. The applicability of article 7:404 of the Dutch Civil Code (“BW”), that provides a facility for the scenario last mentioned, and the applicability of article 7:407 paragraph 2 BW, which establishes joint and several liability for an assignment given to two or more persons, is explicitly excluded.
- SCHMDT’s liability is restricted to the amount that, in the case concerned, is paid out under her professional liability insurance.
- It is at the sole discretion of SCHMDT to involve its partners (“vennoten”) and/or associates with respect to the activities assigned to SCHMDT. This sole discretion includes the engagement of third parties.
- If the activities assigned to SCHMDT involve the engagement of third parties, SCHMDT will observe due care in communicating this with the client and in selecting such third-party contractors. SCHMDT is not liable for errors or shortcomings of any such third party in the performance of its services. SCHMDT has the right to accept a limitation of liability stipulated by any such third party on behalf of the client.
- The client indemnifies and holds harmless SCHMDT from and against any claims, rights and causes of action a third party may have or may lodge against SCHMDT at any time and that directly or indirectly ensue from or are connected with the activities or services performed or to be performed by SCHMDT. The client will reimburse all reasonable expenses suffered or incurred by SCHMDT regarding its defense against such claims or actions.
- The fee payable by the client to SCHMDT in relation to the assignment consists of the fee arrangement as stipulated. In addition to the fee, any disbursements paid on behalf of the client by SCHMDT will be payable by the client, as well as compensation for general office costs and VAT due. SCHMDT reserves the right to commence with its services in relation to the assignment upon receipt of payment of the retainer, unless agreed otherwise upfront in writing. Paid retainers will be set off with the final invoice with respect to the assignment.
- Payment of the invoices needs to be effectuated within the term as set out on the invoice itself. In case the payment term is not mentioned in the invoice, the term of payment is 14 days after the date of the invoice. When payment is not received within that term, the client is in default (“in verzuim”) without any further notice (“ingebrekestelling”). Interest is due per that date, being 1% per month over the amount of invoices outstanding. Legal and extrajudicial costs in relation to the collection of invoices are due and, in addition thereto, the interest and out-of-pocket expenses made in connection to collection of the amount due are for the sole account of the client. Extrajudicial costs will be due in accordance with the legal rules set out in “de Wet normering buitengerechtelijke incassokosten en het bijbehorende Besluit”.
- In case the client is in default regarding the payment of any amount due to SCHMDT, the latter has the right to suspend its services to the client. Insofar the rules of conduct applicable to the Dutch Bar allow such measure, SCHMDT has a lien (“recht van retentie”) regarding everything she keeps on behalf of the client, including documentation and the legal file. SCHMDT waives all liability for damages incurred by the client in connection thereto or as a result of abovementioned suspension or lien.
- On the grounds of (European) GDPR statutory privacy regulations (‘AVG’ in the Netherlands), SCHMDT is obliged to inform you on what she does with your personal data and for what purpose it is processed. To this end, SCHMDT has developed a privacy statement which is issued to you when you enter into a contract. The privacy statement is also published on de site. SCHMDT reserves the right to amend the Privacy statement from time to time. In general, SCHMDT will ask you to provide a copy of an identity document when, or before, you enter into a contract. If you do not wish to do so, you can state this. In that event, SCHMDT shall confirm your identity by another means (for example via Skype), such as listing your personal number (BSN) or passport number.
- On the grounds of (European) legislation on the fight against terrorism and money laundering (Wwft in the Netherlands) SCHMDT is obliged to investigate the identity and if applicable the background of the client and/or the transaction associated with the contract. One of the reasons for this is to prevent the unintentional facilitation of criminal or money laundering activities. When entering into the contract therefore, and from time to time thereafter, SCHMDT may ask the client for specific client information relating to the client’s background and/or organisation and/or the contract and/or its purpose. The client agrees to this and is aware that, if applicable, SCHMDT is obliged – without informing the client in advance – to report unusual transactions to the authorities (the FIU in the Netherlands). If necessary, SCHMDT may ask the client to submit a written declaration, e.g., about the purpose or nature of the transaction or the person of the (pseudo) UBO (Ultimate Beneficial Owner) or PEP (Politically Exposed Person). If the client does not cooperate with specific information requests by SCHMDT within the context of this article and the legislation referred to in it or refuses to submit a requested written declaration in this respect, SCHMDT is entitled, often obliged, to suspend or terminate its contractual relationship with the client. The personal and transaction information collected in this context shall be retained and processed solely for the purpose of the legislation described here and for no longer than five years.
- These general terms & conditions have been compiled for the benefit of the directors and all those, including Mr. J.M. Schmidt, Prof. Mr. A.H.J. Schmidt and other lawyers or other colleagues with which SCHMDT has a strategic partnership, who are or were working for them or for SCHMDT in the case in question or in the implementation of the contract or part of it, including their successors or those engaged by SCHMDT for the implementation of any contract. If applicable, these persons may also appeal to these terms & conditions in defence of any alleged claim associated with the implementation of the contact.
- All disputes evolving from or in connection with (i) the services rendered by or assignment to SCHMDT (ii) the legal relationship with SCHMDT or any third party are submitted to the exclusive jurisdiction of the competent Dutch courts. The Complaints and dispute regulations of the Dutch Bar (“Klachten- en Geschillenregeling Advocatuur”) is applicable according to the offices internal dispute protocol as published on the site (“kantoorklachtenregeling”).
For further reference see also www.advocatenorde.nl/kantoorklachtenregeling
- These general terms and conditions have been drawn up for the purposes of the (former) partners/shareholders of SCHMDT, its (former) board members and all those persons who are or used to be employed at the moment of applicability thereof, including their next of kin and furthermore any third party involved with the rendering of any services by or on instruction of SCHMDT.
- These general terms and conditions have been drawn up in various languages. In the event of any disparity or contradiction between the Dutch text and the English text of these general terms and conditions or any difference in their construction or contents, the General Terms and Conditions drawn up in Dutch will prevail.
General terms and conditionsMenno Schmidt2020-05-14T08:17:13+02:00