Article 1. Definitions
For the purposes of these General Terms and Conditions the following definitions shall apply:
Article 2. The lawyers
Article 3. Contract for Services
Article 4. General Terms and Conditions
Article 5. Provision of services
in general may reasonably be expected under the circumstances from a lawyer acting in a reasonable manner in similar cases.
Article 6. Fee, fee statements and payment
In case of termination of the instruction, the obligation of the (former) client to pay the fee statement/statements and any accompanying costs shall continue in full force.
Article 7. Liability
Article 8. Indemnification
The client indemnifies the lawyer and the lawyer-colleague fully and unconditionally against any damage and costs as a result of, or in connection with, rights, claims and/or proceedings initiated or brought by third parties in relation to, or in connection with, the services that are, or (whether or not) were, provided and/or (other) activities that are, or (whether or not) were, performed by the lawyer in the context of the instruction and/or any legal relationship/relationships arising therefrom.
Article 9. Suspension and termination
Article 10. Duty of disclosure
The client shall always inform the lawyer and keep the lawyer informed, in a correct, complete, (to the extent possible) documented and truthful manner of all the facts, circumstances and other matters relating to the instruction and/or the services provided by the lawyer and/or the (other) activities performed on behalf of the client.
Article 11. Money Laundering and Terrorist Financing Prevention Act
(Wwft) the lawyer is in some cases under the obligation to conduct client due diligence. Identification of the client is part of such a screening. This identification must take place before certain services referred to in the Wwft may be provided. If it concerns a service referred to in the Wwft, the data based on which the identification shall take place will be requested from the client. The client due diligence is based on the obligation for lawyers contained in the Wwft to report a (proposed) transaction which must be considered unusual, to the Financial Intelligence Unit Nederland (FIU-NL). More information on the Wwft and the FIU-NL can be found on the website www.fiu-nederland.nl.
Article 12. Complaints
The lawyers have a complaints procedure. If the client is not satisfied with the lawyer and/or the manner in which the instruction is carried out or will be carried out, the client has the option to file a complaint. For the manner in which a complaint can be filed and the course of the complaints procedure, please refer to the ‘Complaints Procedure’. This procedure can be found on the website www.hofwijckadvocaten.nl.
Article 13. Governing law and jurisdiction
version 4, January 2016 – copyright ©2016 Franken – all rights reserved
Note: In the event that the interpretation of these conditions leads to a dispute, the Dutch text shall take precedence