Article 1 Applicability

These general terms apply to all services of Bracke-Advocatuur.

Article 2 obligation of best intents

For all the services of Bracke-Advocatuur counts that they are obligations of best intents, which means that Bracke-Advocatuur can not guaranty positive results.

Article 3 The assignment

All assignments will be, with overriding article 7:404, 7:409 and 7:422 paragraph 1 sub b of the Dutch Civil Code, exclusively accepted and as much as possible be accomplished by Bracke-Advocatuur. Bracke-Advocatuur is, if necessary, free to make arrangements concerning replacement / observations to operate legally.

Article 4: Liability

All liability of Bracke-Advocatuur is limited to the amount that is claimable under the professional liability insurance will pay out, including the amount of excess. When and where, for whatever reason, no payment is made under the liability, the liability is limited to the amount of the claim (s) in the case concerned.

Any claim by the client against Bracke-Advocatuur lapses after 12 months after the last billing date.

Article 5: Involving of third persons/parties

The choice of third parties to be consulted by Bracke-Advocatuur shall, if possible, be made in consultation with the client and with due caution. Bracke-Advocatuur is not responsible for failure, fault or shortcomings made by this third party. The client accepts that Bracke-Advocatuur excepts, on behalf of the client, liability restricting clauses of third parties.

Article 6: Advance

Bracke-Advocatuur is entitled, if necessary, to ask the client to pay an advance, during its activities and before starting its activities. The height of the amount will be determined by Bracke-Advocatuur in all fairness. Bracke-Advocatuur will continue its activities for the client first after the client has paid the advance or, where appropriate, will have security provided.

Article 7: Rates and fees

Unless agreed differently, the fee that the client is owing to Bracke-Advocatuur, is calculated on the base of the total of spend hours, multiplied with the by Bracke-Advocatuur yearly determined fee per working hour plus VAT. The costs that Bracke-Advocatuur has paid, on behalf of the client, to third parties, will be separately charged to the client. A percentage of 5% of the fee will be calculated to cover general costs (for example telephone costs, paper, copying, porti etc.).

Article 8: Storage of documents

After closing the dossier it will be preserved in our archives for a period of 5 years. If the client wishes to have some documents from the dossier, then this request for the documents can be made only in this period of time. After this retention period Bracke-Advocatuur is authorized to destroy the dossier. For collecting documents from the archive, fees can be charged.

Article 9: disorders-and dispute agreement Advocatuur

On all services of Bracke-Advocatuur is applicable the specially therefore established disorders-and dispute agreement Advocatuur (Klachten -en Geschillenregeling Advocatuur). When the client is not satisfied about the quality of the services or the height of the invoice, the client will first turn in his complaint to Bracke-Advocatuur.

Bracke-Advocatuur will handle the complaint by using the agreement or brochure as a manual. Bracke-Advocatuur will handle your complaint as soon as possible. In the course of 4 weeks after the complaint has been submitted to Bracke-Advocatuur it will be handled in writing. If and when Bracke-Advocatuur can not resolve the complaint or dispute within a reasonable time, the client may submit his complaint to the Dispute Committee for Legal Profession.

Any disputes that may arise further to the agreement and/or performance of our services, including all disputes in relation to invoices, and any resulting claims for damages (for an amount of up to € 10.000,-) shall be settled in accordance with the complaints and disputes scheme set out by the Disputes Committee for the legal profession that counts at the moment of filing the complaint.

This scheme provides for arbitration on the understanding that, in certain cases advice may be chosen in the form of a binding recommendation. The regulation Dispute Committee for Legal Profession can be send on request at the Dispute Committee for Legal Profession (Geschillencommissie Advocatuur) Postbus 90600, 2509 LP Den Haag.

The client can only submit higher claims to the Dispute Committee for the Legal Profession when the claim is restricted to the amount of € 10.000,- and the client has given his written approval to surrender to the above.

A brochure can be send on request.

Article 10: applicable Law, competent court

All agreements between the client and Bracke-Advocatuur are governed by Dutch Law.
Disputes shall be decided exclusively by the competent court in the Hague, unless legal requirements dictate otherwise.