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TERMS AND CONDITIONS
MR J. VAN DER VALK PRAKTIJK B.V.
- All assignments (to be referred to as Assignments) carried out or to be carried out by Mr J. van der Valk Praktijk B.V. are subject to these general terms and conditions to the explicit exclusion of the general terms and conditions of the client to be referred to as the Client.
- All assignments will be accepted and carried out by Mr J. van der Valk Praktijk B.V. (‘the Company’).
- An assignment to the Company shall come into effect through the signature of a written confirmation of the assignment by the Company.
- On behalf of the Company, the work as attorney and/or company lawyer will be performed by Mr J. van der Valk. The work may also be performed by a third-party lawyer engaged by the Company. In case of planned or unplanned absence of more than 5 working days, Mr N. Broeren of De Pont Reijrink Advocaten in Tilburg will stand in for Mr J. van der Valk:: nb@depontreijrink.nl 013 535 75 07.
- During the term of the assignment, the Company may transfer the work in progress for the Client to another lawfirm or other legal entity. The work in progress shall be continued for the Client under the agreed conditions by this lawfirm, or other legal entity.
- Unless otherwise agreed in writing, the fee shall be calculated based on the number of hours worked multiplied by hourly rates to be determined annually by the Company as of 1 January of the respective calendar year. Any dispute regarding an invoice must be made in writing at Mr J. van der Valk Advocatuur within 14 days of the date of invoice, otherwise it will be forfeited. The fee will be invoiced to the Client monthly. The payment period is 14 days from the date of the invoice. The extrajudicial collection costs for unpaid invoices for companies amount to 15% of the total claim(s) due. The extrajudicial collection costs for private individuals are calculated on the basis of Article 6:96(5) of the Dutch Civil Code and the Royal Decree on the reimbursement of extrajudicial collection costs of 1 October 2024 BWBR0031432.The costs incurred by the Company for the execution of the Engagement shall be charged to the Client as (un)taxed disbursements.
- The execution of the Engagement by the Company requires that all relevant information and data are made available to the Company at the start of the engagement. The Client shall provide the Company with all information and data required for the proper execution of the instruction and shall provide any missing information and data immediately upon request of the Company.
- Any liability of the Company shall be limited to the amount paid out in the relevant case by the Company's professional liability insurer. If for whatever reason no insurance payment takes place, the liability is limited to a maximum of the amount invoiced by the Company to the Client.
- The Company is not liable for shortcomings of third parties it has engaged and is authorised by the Client to accept any limitations of liability of third parties on behalf of the Client.
- The Client shall indemnify the Company against all claims by third parties, including reasonable costs of legal assistance, which are in any way connected to the work carried out for the Client, unless such claims are the result of gross negligence or wilful misconduct by The Company.
- The Company shall collect and process information concerning its Client and officers, members, relations or representatives of the Client (personal data) in connection with the management of the relationship with the Client and the execution of the engagement agreement. The personal data shall be kept strictly confidential by the Company and used only for the above purposes. The Client itself can indicate at any desired time by means of a written request to the management of the Company that the Client's data should be removed from the files of the Company. The legal relationship between the parties is further governed by the Privacy Statement of Mr J. van der Valk Advocatuur, which can be consulted on the website of Mr J. van der Valk Advocatuur.
- The assignment relationship is governed by Dutch law.
- In case of disputes, the Company and Principal will try to reach an amicable solution during a period of 60 calendar days. If the Company and the Principal fail to reach an amicable solution, the court of first instance in the district of Midden-Nederland, location Arnhem, will have exclusive jurisdiction, also in the event of interim injunction proceedings or any similar interim relief proceedings, with respect to disputes arising from or in connection with the assignment.
- The Company may amend these general terms and conditions at any time.