GENERAL TERMS & CONDITIONS OF ADVOCATENKANTOOR BOSSCHER AND ADVOCATENKANTOOR VAN BOLHUIS TRADING UNDER THE NAME "PLAN B ADVOCATEN"
Plan B Advocaten
Plan B Advocaten (hereinafter: "Plan B Attorneys") is the trade name under which Advocatenkantoor Bosscher and Advocatenkantoor Van Bolhuis render legal services from their offices at "Het Belastingparadijs" in (2035 VA) Haarlem at Surinameweg 2. Advocatenkantoor Bosscher and Advocatenkantoor Van Bolhuis, hereinafter jointly referred to as: “Plan B Attorneys”.
Overeenkomst van opdracht (agreement for the provision of professional services)
- Plan B Attorneys renders its legal services pursuant to a "overeenkomst van opdracht" within the meaning of article 7:400 Dutch Civil Code (hereinafter: the "Agreement").
- Irrespective of its reason for termination, Plan B Attorneys is at all times entitled to terminate the Agreement without any notice period being applicable and any damages being due.
- Unless agreed upon otherwise in writing, the fee shall be calculated on the basis of the amount of hours worked multiplied by the applicable hourly rates as periodically fixed by Plan B Attorneys, to be increased by office expenses of 6% and VAT.
- The client shall be under the obligation to pay in advance any required out-of-pocket expenses, such as (but not limited to) court fees and bailiff costs.
- The applicable hourly rates shall annually be adjusted to index rates of the Centraal Bureau voor de Statistiek, without any further notice being required.
- Unless agreed upon otherwise in writing, the payment term shall be 14 (fourteen) days from the invoice date.
- A penalty interest of 2% (two percent) per month applies to any invoice amount being due and payable.
- Without any prior notice being required, Plan B Attorneys shall have the right to extrajudicially collect any amount due and payable. The debtor shall be liable in full for any and all extrajudicial costs involved, which costs are fixed at 15% (fifteen percent) of the amount due and payable, unless the costs incurred exceed the fixed rate of 15% (fifteen percent).
- Without any prior notice being required, Plan B Attorneys shall have the right to initiate legal proceedings any amount due and payable. The debtor shall be liable in full for any and all costs involved.
- Irrespective of any debtor's indication, any payments by the debtor shall consecutively be applied to 1) the amount being due and payable under clause 4.3 and/or 4.4; 2) the amount being due and payable under clause 4.2; and 3) the invoice amount having the oldest due date.
- Any liability of Plan B Attorneys in any event shall be limited to the amount, which is paid out under the professional liability insurance in the matter concerned, to a maximum of the total invoice amount in the matter concerned.
- Plan B Attorneys shall not be liable in any event for any indirect and/or consequential damages, including (but not limited to) loss of profits and loss of sales.
- Any alleged damages for which Plan B Attorneys may be held liable, shall be as soon as possible and ultimately within 14 (fourteen) days from the origination of the alleged damages, be notified in writing to Plan B Attorneys, after which term any claim shall lapse.
- Any claim against Plan B Attorneys lapses in any event after 12 (twelve) months from the date of the invoice being most recently submitted to the client.
- Plan B Attorneys shall not be liable for any damages or losses caused by any third persons involved in the provision of services pursuant to the Agreement.
- Any funds to be transferred to Plan B Attorneys for the sake of retention of funds in an escrow account, shall be transferred to the third-party bank account of "Stichting Beheer Derdengelden Plan B Advocaten" ("Third-Party Account").
- Unless otherwise agreed upon in writing, no interest accrues to any funds transferred to the Third-Party Account.
- Any costs related to the custody of funds being transferred to the Third-Party Account within the meaning of this Article 6 shall be for the account of the client.
- Plan B Attorneys shall have the right to settle any and all invoice amounts being due and payable against any and all funds having been transferred to the Third-Party Account in the name of and/or for the account of the client.
Applicable law and dispute resolution
- The Agreement shall be governed by and construed in accordance with the laws of The Netherlands.
- Any and all disputes arising out of or in connection with this Agreement shall be exclusively referred to and resolved by either the Rechtbank Noord-Nederland in Haarlem (i.e. District Court), or the Geschillencommissie Advocatuur (i.e. Complaints Board).
Haarlem, October 1st, 2014