Our general terms and conditions apply to all work activities. Click here for a printable pdf of the terms and conditions.
Avocare Arbeidsrecht is a partnership between a legal entity and one natural person and is registered in the Trade Register of the Amsterdam Chamber of Commerce under number 60497106 (hereinafter also referred to as ‘Avocare’).
These general terms and conditions apply to all services provided by or on behalf of Avocare regardless of whether these services are performed in the capacity of lawyer, (legal and non-legal) assistant, procurator, receiver, administrator, liquidator, executor, arbitrator, binding advisor, mediator or otherwise. The applicability of other general terms and conditions, such as those of the client, is expressly rejected. All assignments, including those addressed to a specific person, shall be, setting aside articles 7:404, 7:407 Paragraph 2 and 7:409 of the Civil Code, accepted and carried out exclusively by Avocare.
These general terms and conditions are also for the benefit of (i) all employees, former employees and others who are/were in any way working for, employed by or connected to Avocare and their heirs; (ii) all shareholders, former shareholders, directors, former directors, proxies and former proxies of Avocare and their heirs; and (iii) all practice companies with whom Avocare has or has had a management agreement including their directors and (indirect) shareholders.
The performance of assignments given to Avocare shall take place exclusively on behalf of the client. Third parties cannot derive any rights from the performance of the work carried out for the client.
Avocare may participate in national and/or international networks or other forms of cooperation with other lawyers, notaries and tax specialists or similar professional service providers. Avocare is not in any way liable for members of such network or collaboration, nor can Avocare be bound in any way by members of such a network or collaboration, nor is it in any way authorised to bind those other lawyers, notaries and tax specialists or similar professional service providers, or to act for joint account and risk.
Any professional liability of Avocare is limited to the amount paid out in the relevant case under the professional liability insurance(s) taken out by it, plus the amount of the deductible that is not borne by the insurers according to the policy conditions. Details of professional liability insurance are available on request. If, for whatever reason, no payment is made under the aforementioned insurance, any liability is limited to the amount Avocare has charged in fees in the case concerned and which has been paid by the client.
Avocare is authorised to engage the services of third parties in connection with its services, such as for example, attorneys, prosecutors, bailiffs, research agencies, collection agencies, accountants, tax specialists, Land Registry, Chamber of Commerce, lawyers and/or notary firms, etc. Avocare is not liable for any shortcomings of these third parties. The client shall indemnify Avocare against all claims by third parties, including the costs to be incurred by Avocare in connection therewith, which are in any way related to the work carried out for the client except in the case of intent or gross negligence on the part of Avocare. Persons engaged by Avocare in connection with the performance of an assignment may wish to limit their liability in connection therewith. Avocare assumes, and if necessary hereby stipulates, that all instructions given to it by clients include the authority to accept such a limitation of liability on behalf of those clients.
The exclusions of liability described in these general terms and conditions apply to events, acts and omissions thereof and also apply to the improper functioning of equipment, software, data files, registers or other means used by Avocare in the performance of the service, with no exceptions, as well as to the interception of audio and/or data transmissions from telephone, fax, or e-mail. All e-mail traffic, data traffic, audio traffic, fax and telephone traffic shall be unencrypted, unless the client expressly requests otherwise in writing in advance.
The payment period for invoices is 14 days from the invoice date. Payment must be made in the manner specified on the invoice. If payment is not made, the client shall be in default by operation of law and shall owe default interest equal to the legal interest rate. Costs of collection measures shall – with a minimum of 10% of the outstanding balance – be borne by the client.
Avocare is always entitled to require one or more deductible advance payments from the client prior to or in order to continue its services. In the absence of payment thereof, Avocare is authorised, after prior notice, not to commence, suspend or discontinue its work. Unless otherwise expressly agreed, the advance will be offset against the final invoice in the relevant case. Avocare is also entitled to set off the advance against unpaid invoices from the client in the relevant or other matters. Avocare has the right to change the rates (fees) as at a future date.
Avocare has the right to remove and destroy files and all documents contained therein, including documents owned by the client and/or third parties, if 7 years or more have elapsed since the conclusion of a case handled by Avocare, and this without further notice from the archives.
As a result of applicable regulations (including the Money Laundering and Terrorist Financing (Prevention) Act), Avocare is obliged to establish the identity of clients and report unusual transactions to the authorities under certain circumstances. By engaging Avocare with an assignment, the client confirms to be familiar with it and to give his/her consent to the extent necessary.
The legal relationship with and services provided by Avocare are exclusively governed by Dutch law. Disputes will be settled exclusively by the competent Dutch judge of the District Court in Haarlem.
These general terms and conditions have been drawn up in the Dutch and English language. The text of the Dutch terms and conditions prevails over the English text. The terms and conditions are also available for inspection at Avocare’s office in Haarlem and will be sent free of charge upon request.
