General Terms and Conditions of Bingh Law Firm
1. General
1.1. The partnership Bingh Advocaten (“Bingh Law Firm”), Chamber of Commerce no. 34366366, conducts business as a law firm in Amsterdam.
1.2. These General Terms and Conditions are applicable to all of Bingh Law Firm’s work for and/or on behalf of its client(s), including supplementary engagements and follow-up engagements. Without prejudice to the provisions in Article 2.1 of these General Terms and Conditions, Bingh Law Firm’s employees and partners (as well as their directors) may also invoke these General Terms and Conditions.
1.3. Deviations from these General Terms and Conditions are only valid if agreed in writing.
1.4. These General Terms and Conditions are available in Dutch and English. In the event of a dispute regarding the content or purpose of these General Terms and Conditions, the Dutch version is binding.
2. Engagements
2.1. Any and all engagements by the client will apply solely as engagements of Bingh Law Firm. No one involved in the provision of services, including partners of Bingh Law Firm and their directors, employees and third parties engaged, will be personally bound or liable to the client on that basis. Articles 7:404 and 7:407(2) Dutch Civil Code do not apply.
2.2. If Bingh Law Firm deems it to be in the interests of the client, it may engage the assistance of third parties (such as bailiffs, (local) court assistance, trademark and/or patent attorneys and experts), at its own discretion and at the client’s expense. On behalf of the client, Bingh Law Firm may accept terms and conditions applied by the relevant third parties (including any limitations of liability).
2.3. Any and all engagements will be performed solely for the benefit of the client and not of third parties. Third parties cannot derive any rights from the content of the work performed. If work is performed partly for or on behalf of another natural person or legal entity with the consent of the client and Bingh Law Firm, the client warrants that this third party has agreed to these General Terms and Conditions.
3. Liability
3.1. Any and all liability of Bingh Law Firm is limited to the amount payable in the relevant matter under the professional liability insurance, to be increased by the amount of the excess applicable in the relevant matter. If no payment is made under said insurance, any and all liability is limited to an amount of € 50,000 or – if the amount of fees charged in the relevant case is higher – to a maximum amount of € 100,000.
3.2. Bingh Law Firm is not liable for failures of third parties, whether or not engaged by it.
3.3. Any claim from the client for damages will lapse if Bingh Law Firm is not informed of the claim in writing within one year of the discovery of an event or circumstance that gives or may give rise to liability.
4. Fee and costs
4.1. Unless otherwise agreed in writing, the fee will be calculated by multiplying the number of hours worked by the hourly rates to be determined by Bingh Law Firm. A statement of the applicable rates will be provided on request. A fixed amount of 5% of the fee will be charged to cover general office costs (including the costs of telecommunication, copying and postage). If applicable, VAT will be charged on the total amount.
4.2. Additional costs that are not included in the fee (such as court registry fees, costs of (local) court assistance, bailiffs, trademark and/or patent attorneys and other external experts, transport and accommodation costs, etc.) will be charged separately.
5. Payment
5.1. All invoices of Bingh Law Firm must be paid within 30 days of the invoice date. Advance payment invoices must be paid immediately. The addressee of the invoice cannot invoke a suspension or set-off.
5.2. Unless agreed otherwise in writing, the client is always personally responsible and liable for payment of the invoice.
5.3. If a payment is not made in good time or in full, the client will owe interest of 1.5% per month or part of a month on the unpaid balance, without further notice of default. In that event, Bingh Law Firm may immediately cease or suspend all work for the client without owing damages.
5.4. Bingh Law Firm may demand an advance payment and may suspend its work until the advance has been paid. Advance payments received will be held for the client and will be set off against the final invoice.
5.5. If Bingh Law Firm uses the channels referred to in Article 7.2 of these General Terms and Conditions to collect a debt by reason of one or more non-payments, in addition to owing the principal and interest the client will be obliged to reimburse all extrajudicial costs to be reasonably incurred, subject to a minimum of 15% of the principal owed, without prejudice to the costs owed in or out of court at such time.
6. Intellactual property
6.1. All intellectual property rights to documents, files and other papers provided by Bingh Law Firm, are vested solely in Bingh Law Firm or entitled third parties.
7. Disputes and applicable law
7.1. Any and all legal relationships between Bingh Law Firm and the client are governed exclusively by Dutch law.
7.2. Disputes will be settled exclusively by the competent Dutch court in Amsterdam, unless mandatory Dutch law designates a different competent Dutch court.
7.3. Bingh Law Firm’s Complaints Procedure applies to complaints regarding the provision of services by Bingh Law Firm, its employees and partners (and their directors). Bingh Law Firm’s Complaints Procedure will be provided free of charge on request.
