General terms and conditions
Article 1 Applicability
These general terms shall apply to all services performed by Bracke-Advocatuur.
Article 2 obligation of best effort
Brack-Advocatuur is commited to optimal performance in delivering the professional care and legal expertise in services provided as per the agreement with the Client. However Bracke-Advocatuur cannot guarantee achiving the desired result.
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 carried out by Bracke-Advocatuur. Bracke-Advocatuur is, if necessary, free to make arrangements concerning substitution/replacement to represent clients legally.
Article 4: Liability
All right to claim for damages from Bracke-Advocatuur is limited to the amount that is claimable under the professional liability insurance and that will be paid out in lieu of this insurance, including the amount in excess (for which insurers are consequently not liable). The liability claim cannot exceed 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 agrees that Bracke-Advocatuur accepts, on behalf of the client, liability restricting clauses of third parties.
Article 6: Advance
Bracke-Advocatuur is entitled, to ask the client to pay an advance, during its activities and before starting its activities. The exact amount will be determined by Bracke-Advocatuur in all fairness. Bracke advocatuur will start and / or continue its activities for the client first after the client has paid an advance or, if necessary, provided security.
Article 7: Rates and fees
Unless agreed differently, the fee that the client ows Bracke-Advocatuur, is calculated based on the total of hours spent, multiplied by the Bracke-Advocatuur yearly determined fee per working hour plus VAT. The costs that Bracke-Advocatuur incurs 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, etc.).
Article 8: Storage of documents
After closing the file it will be stored in our archives for a period of 5 years. If the client wishes to retrieve documents from this file, we will be able to provide these provided it is within this 5 year period. After this retention period Bracke-Advocatuur is authorized to destroy the file. Fees can be charged for retrieving documents from the archive.
Article 9: Dispute agreement Bracke Advocatuur
If the client is dissatisfied with the quality of the service or the amount of the invoice, the client will first submit his objections to Bracke-Advocatuur. The Client must submit the complaint within three months after the moment at which it became aware or could reasonably have become aware of the act or omission that gave rise to the complaint.
Bracke-Advocatuur will discuss your complaint with you as soon as possible in reasonable consultation. The client is given the opportunity to provide an explanation of the complaint. Bracke-Advocatuur will deal with the complaint in writing within four weeks of receipt of your written complaint. If this term is deviated from, the client will be informed of this, stating the reasons, stating the term within which an opinion on the merits of the complaint is given. JTRJ Bracke. Mr Bracke maintains the complaint file. The client does not owe any compensation for the costs of handling the complaint.
If the complaint has not been satisfactorily resolved, you can submit the complaint to the competent court in The Hague.
Article 10: Legal practice and replacement
Bracke advocatuur is a one-man practice in which Mr. J.T.R.J. Bracke works as a lawyer and is involved in the execution of the assignment. Mr J.T.R.J. Bracke has provided an external observation or replacement for a longer (unscheduled) absence.
Article 11: Applicable law, competent court
Dutch law applies to the legal relationships between Bracke Advocatuur and its clients. Disputes arising from the legal relationship between the client and Bracke Advocatuur can only be submitted to the competent court in The Hague for settlement, unless statutory provisions oppose this.