General Conditions

Article I. Definitions.

1. The Firm: Law Office Simmelink means the firm as well as one or more lawyers and/or employees working under this name.
2. Client: the contracting party of the firm.

Article II. Applicability

1. These general terms and conditions apply to all assignments that the firm enters into with the client, unless otherwise agreed in writing prior to the formation of an assignment.
2. The rules of conduct and professional practice of the Dutch Bar Association are part of the agreement. The client is aware that the lawyer must respect the rules of conduct imposed by the Bar Association in the exercise of his practice. The client accepts the consequences that may result from the applicability of the rules of conduct.

Article III. Assignment

1. All work by Advocatenkantoor Simmelink the firm is performed on the basis of an assignment agreement. An assignment is not accepted by Advocatenkantoor Simmelink the firm until after written confirmation of this to the client client and payment of a deposit if this has been determined.
2. The assignment agreement is concluded between the client and the contractor. The contractor is the law firm Simmelink. Each assignment to the firm shall be deemed to have been given to the firm, which means that the client agrees that the firm shall have the assignment carried out under its responsibility by the firm, or if necessary by third parties commissioned by the firm. The applicability of articles. 7:404 BW, 7:407 paragraph 2 BW and 7:409 BW is excluded. An assignment never leads to an obligation to achieve a result. There is always an obligation to perform to the best of one’s abilities.
3. Advocatenkantoor Simmelink will perform the work associated with the assignment to the best of its ability, commitment and knowledge and with due diligence. The client will always be kept informed of the progress of the assignment and the costs associated with the assignment.
4. All assignments may be carried out by any lawyer associated with Advocatenkantoor Simmelink. In connection with the execution of the assignment, Advocatenkantoor Simmelink may engage third parties, including lawyers not associated with Advocatenkantoor Simmelink.
5. For the proper execution of the assignment, the client shall provide Lawyers Office Simmelink with all relevant or requested data and information regarding such assignment. The client guarantees the accuracy of the data and information provided by or on behalf of him.
6. If the information referred to in the previous paragraph and required for the execution of the agreement is not provided to Lawyers Office Simmelink in a timely manner, Lawyers Office Simmelink shall be entitled to suspend the execution of the agreement and/or to charge the client the costs resulting from the delay according to the usual rates.

Article IV. Termination

1. Either the client or the firm may terminate the engagement agreement by written notice to the other.
2. In both cases mentioned in the first paragraph of this article, the firm has the right to keep the client’s file in its custody until the client has fully fulfilled his payment obligation.
3. After the case is terminated, all original documents in the file belonging to the client will be returned to the client upon request, after which the remaining file will be retained for five years. Thereafter, the file will be destroyed.

Article V. Billing, fees and costs

1. For the performance of an assignment, the client shall owe the firm the fee, based on the agreed hourly rate and the time spent, plus out-of-pocket expenses, office costs and turnover tax. These disbursements include court fees, witness and expert fees, bailiff fees, translation costs, research costs, travel costs and costs of extracts from public registers.
2. The applicable hourly rate shall be confirmed in writing or set forth in the agreement signed by the client upon acceptance of the assignment.
3. If the lawyer has recently performed work for the client previously, unless otherwise agreed, the fixed fee previously agreed upon between the parties shall apply.
4. The fee relating to work performed, if the performance of the assignment extends over a period longer than one month, will in principle be charged on an interim basis.
5. The firm is always entitled to require the payment of an advance from the client. The amount of the retainer will be determined in consultation between the lawyer concerned and the client. If the client’s payment record gives reason to do so, the amount of a subsequent retainer to be paid may be adjusted at a later stage. When at least three-quarters of the retainer is used up, the firm has the right to charge the client for an additional retainer. An advance payment received will be offset against the final invoice for the assignment.
6. If for the client’s benefit, funded legal aid has been applied for (addition) with the Legal Aid Board, no hourly rate shall apply, provided that the Legal Aid Board actually grants the addition applied for and the addition granted is not withdrawn/revoked at a later stage.
7. If the client’s financial situation changes in the interim or in a subsequent agreement, in the sense that the client still considers himself eligible for subsidized legal aid, the client is obliged to report this to the firm immediately.
8. The client should be aware that an addition granted by the Legal Aid Board may be withdrawn at the end of a case if, among other things, the client has achieved a financial result from the case that exceeds the limits set by the Legal Aid Board. In that case, the client will still receive an invoice from the firm for the number of hours spent at the firm’s standard hourly rate after the addition has been withdrawn.

Article VI. Payment, suspension, interest and collection

1. The firm maintains a payment term of fourteen days. If the client fails to pay the invoices within this period, the firm shall be entitled to suspend its work with immediate effect without being liable to compensate any damage arising as a result.
2. If the client fails to object in writing to the amount of the fee charged, or at least to the amount of the bill in general, within two months of the bill date, the bill is thereby irrevocably established.
3. If the client is unable to pay the (full) amount due within the payment period referred to in the first paragraph, he or she shall request a payment arrangement, supported by reasons, before the payment period expires. If the firm agrees to a payment arrangement, it shall at all times be confirmed in writing. Payment arrangements must be punctually complied with by the client, under penalty of forfeiture, whereby the amount due again becomes immediately payable.
4. In the event of liquidation, (imminent) bankruptcy or suspension of payments of the client, the client’s obligations are immediately and fully due and payable.
5. From the expiration of the payment period, the client is in default and the client shall owe the statutory (commercial) interest on the amount due pursuant to Section 6:119(a) of the Dutch Civil Code, without prior notice.
6. If client fails to pay invoices on time, client shall be in default by operation of law. From the date the client is in default until the date of full payment, the client will owe statutory interest on the outstanding amount. In addition, Advocatenkantoor Simmelink B.V. reserves the right to charge extrajudicial collection costs as soon as the client, after a payment term has expired, receives a reminder and fails to comply with the payment term. The amount of these collection costs will be in accordance with the Decree on compensation for extrajudicial collection costs, as laid down in the Dutch Collection Costs Act (WIK).
7. If the client fails to pay within the stipulated period, Advocatenkantoor Simmelink B.V. will send a reminder in which an additional period of fourteen days is offered to still pay without additional costs. If payment is not made within this period, we are entitled to charge extrajudicial collection costs. The calculation of these costs follows the statutory graduated scale, with a minimum of €40.
8. Interest on the amount due and payable will be calculated from the moment client is in default until the moment of payment of the full amount due.

Article VII. Liability

1. The firm’s liability for damages arising out of or in connection with the performance of an assignment shall in all cases be limited to the amount claimed by its liability insurance in the case in question.
2. The liability insurance mentioned in the first paragraph of this article does not apply to intentional or gross negligence of the firm.
3. If, for whatever reason, no or no full insurance payment is made, and the firm, despite the limitation of liability mentioned in the first paragraph of this article, would in principle still have an obligation to pay, the liability of the firm to the client shall then be limited to the fee charged, insofar as this fee relates to the relevant part of the assignment, but in any event with a maximum of € 5,000.00.
4. When engaging third parties, the firm shall exercise due care. The firm is not liable for errors or shortcomings of third parties and is entitled, without prior consultation with the client, to accept any limitation of liability on the part of third parties it engages. In no event shall the firm be obliged to take legal action against such third party, except within the framework of a possible separately contracted order for services at the usual payment conditions. Insofar as necessary and possible, the firm will cooperate in the assignment of a possible claim against the third party in question against reasonable compensation.
5. Advocatenkantoor Simmelink cannot be held liable for any damages, of whatever nature, resulting from the fact that it has relied on incorrect and/or incomplete information provided by the client, unless such incorrectness or incompleteness should have been apparent to the firm.
6. The firm is not liable if the damage is in any way related to a suspension and/or cessation of work because the client is unreachable, unresponsive to letters, emails, other means of communication, or because the client has defaulted on payment of the bill(s) even after reminders.
7. The firm is not liable for damages resulting from a defect in the client’s chosen method of delivery of documents, records or documents relevant to the execution of the assignment.
8. In no event shall the firm be liable for damages resulting from failures of automated systems used in the execution of the assignment or for the delivery of documents or records.
9. Limitations of liability in favor of the firm also extend to all employees of and intermediaries and auxiliaries engaged by the firm.
10. All client claims shall expire twelve months after the time, when the individual became aware or could reasonably have become aware of the existence of these rights of action or other rights or powers.
11. Third parties cannot derive any rights from the content of the work performed. The client shall indemnify the firm against claims by third parties who claim to have suffered damages due to or related to work performed by the firm on behalf of the client.

Article VIII. Applicable law

1. All assignments are governed by Dutch law.
2. The Dutch text of these terms and conditions shall be binding in case of any difference with the text of the terms and conditions in a foreign language.

Article IX. Office Complaints Scheme

1. Definitions

In this office complaint procedure, the following terms shall have the following meanings:

1. complaint: any written expression of dissatisfaction by or on behalf of the client towards the lawyer or the persons working under his responsibility regarding the conclusion and execution of an agreement for services, the quality of the services provided or the amount of the fee, not being a complaint as referred to in section 4 of the Lawyers Act;
2. Complainant: the client or client’s representative making a complaint;
3. Complaint Officer means the lawyer in charge of handling the complaint;

2. Scope

1. This office complaint policy applies to any engagement agreement between the client and the firm.
2. The office provides complaint handling in accordance with the office complaint policy.

3. Objectives

The purpose of this office complaint policy is to:

1. Establishing a procedure to deal constructively with client complaints within a reasonable period of time;
2. Establishing a procedure to determine the causes of client complaints;
3. Maintain and enhance existing relationships through proper complaint handling;
4. train employees in client-centered response to complaints;
5. improving service quality with complaint handling and complaint analysis.

4. Information at start of service

1. This office complaint procedure has been made public. Before entering into the engagement agreement, the lawyer shall inform the client that the firm has an office complaint procedure and that it applies to the services provided.
2. Complaints as referred to in Article 1 of these office complaint regulations that are not resolved after treatment are submitted to the Disputes Committee for the Legal Profession.

5. Internal complaint procedure

1. If a client approaches the firm with a complaint, the complaint will be forwarded to M.I. Tonk, who thereby acts as complaints officer.
2. The complaints officer shall notify the person complained about of the filing of the complaint and shall give the complainant and the person complained about an opportunity to explain the complaint.
3. The person about whom a complaint has been made tries to reach a solution together with the client whether or not after the intervention of the complaints officer.
4. The complaints officer shall settle the complaint within four weeks of receiving the complaint or shall notify the complainant of any deviation from this deadline with reasons, stating the period within which an opinion on the complaint will be given.
5. The complaints officer shall notify the complainant and the person complained about in writing of the opinion on the merits of the complaint, whether or not accompanied by recommendations.
6. If the complaint is settled satisfactorily, the complainant, the complaint officer and the person complained about sign the judgment on the merits of the complaint.

6. Confidentiality and free complaint handling

1. The complaint officer and the person complained about shall observe confidentiality in handling the complaint.
2. The complainant shall not be liable for the cost of processing the complaint.

7. Responsibilities

1. The complaint officer is responsible for the timely resolution of the complaint.
2. The person complained about will keep the complaint officer informed about any contact and possible resolution.
3. The complaint officer will keep the complainant informed about the resolution of the complaint.
4. The complaint officer maintains the complaint file.

8. Complaint registration

1. The complaint officer records the complaint along with the complaint subject.
2. A complaint can be divided into several topics.
3. The complaints officer reports periodically on the handling of complaints and makes recommendations to prevent new complaints, as well as to improve procedures.
4. At least once a year, reports and recommendations are discussed at the office and presented for decision.

9. Disputes Committee for the Legal Profession

1. If Law Office Simmelink does not succeed in resolving your possible complaints about our services with you, according to the above internal complaints procedure, you can submit your complaints to the Disputes Committee for the Legal Profession.
2. The applicability of the Complaints and Disputes Procedure for the Legal Profession is established by signing the engagement letter sent to you by us.

Article X. Archiving

1. The office is entitled to retain file documents only in the form of a digital copy or scan and to destroy scanned file documents.
2. After closing the file related to a particular assignment, the file will be kept in the archives of the firm or the lawyer in question for five years.
3. During this period documents may be requested from the file by the client. The client should take into account that documents from an archived file are not immediately available. Requesting documents from an archived file should therefore be done in a timely manner.
4. After the expiration of five years from the time the file is closed, the file will be destroyed. Any original documents of the client still in the file will then also be destroyed unless they are requested from the firm before the expiration of the five-year period.