1. AMS Advocaten N.V. (“AMS”) is a limited liability company (“naamloze vennootschap”) established under Dutch law. AMS is registered with the Commercial Register in Amsterdam with number 53039734.
  2. These terms shall apply to all services performed by AMS or attorneys working at AMS, including subsequent or additional instructions.
  3. Solely AMS shall be the contracting party for assignments to be carried out on behalf of her clients, even if an attorney associated with AMS carries out a certain assignment. Both the attorney who is a direct or indirect shareholder of AMS, as well as the attorney who is employed with AMS shall act exclusively for AMS in performing his or her professional services. The applicability of sections 7:404 and 7:407, clause 2, if the Dutch Civil Code are explicitly excluded.
  4. Any and all liability of AMS and its lawyers and employees are limited to the amount paid out in the matter concerned, if any, under the professional liability insurance policy of AMS, plus the amount of the deductible (“eigen risico”) applicable. In the event and to the extent that no monies are paid out under the professional liability insurance, for whatever reason, any and all liability of AMS and its lawyers and employees shall be limited to the amount of the fees charged by AMS, up to a maximum of EUR 25,000.–.
  5. Notwithstanding the provisions in article 6:89 of the Dutch Civil Code, any claim for compensation against AMS shall lapse twelve months after the facts on which the claim is based have become known to the client or could have been reasonably known to the client.
  6. AMS is authorized to take on the services of third parties if such is deemed necessary. AMS and its lawyers and employees are not liable for any failure of such third parties.
  7. Unless such claim is the result of gross negligence or willful misconduct, the client shall indemnify AMS and its lawyers and employees from and against any and all third party claims arising in whatever manner from the activities carried out for the client.
  8. Unless it is otherwise agreed, professional fees shall be calculated on the basis of the number of hours worked, multiplied by the hourly rate established by AMS and a reasonable charge to cover office costs. AMS is entitled to amend the professional fees and the office costs periodically. This also applies to current engagements with consumers, if they agreed with AMS three months prior to the modification.
  9. The client will be charged monthly for fees, services and expenses charged to AMS on behalf of the client (for instance disbursements such as court fees, travel costs, debt collector costs, courier and delivery costs and interpreting and translation costs).
  10. If AMS and the client have agreed that an advance fee shall be paid, AMS is entitled to settle such advance payment with the final statement.
  11. Unless otherwise stated, invoices of AMS are subject to a payment period of fourteen days. On delay of payment, AMS is entitled to immediately suspend or cease its activities without AMS being liable for any damages that may arise as a consequence thereof.
  12. If the client fails to object in writing within two months of the invoice date to the amount of the fee charged, or at least to the amount of the invoice in general, the invoice shall then be irrevocably fixed.
  13. On delay of payment, AMS is entitled to legal interest for commercial transactions and extrajudicial collection fees. These extrajudicial collection fees shall be fixed at 15% of the principal sum due.
  14. AMS has the right to destroy matter files five years after closure of a matter without any further notification.
  15. On the basis of the current legislation for the protection of personal data, professional use and processing of data of the client is permitted without notification. In addition, this information will be used in the case of new matters to check for possible conflicts of interest (with the client). The privacy policy of AMS can be consulted on: https://www.amsadvocaten.com/privacy-policy/.
  16. The legal relationship between the client and AMS is exclusively governed by Dutch law.
  17. The Complaints and Disputes Procedure of AMS (“Kantoorklachtenregeling”) applies to all services of AMS. Further information about the Complaints and Disputes Procedure may be forwarded on request or can be consulted on: https://www.amsadvocaten.nl/algemene- voorwaarden/kwaliteitsbeheer-en-klachtenregeling/
  18. If any internal complaint handling does not lead to a solution, then all disputes as a result of the formation and/or the execution of the services of AMS, including any disputes regarding invoices, shall be resolved pursuant to the Regulations of the Disputes Committee for the legal profession (“Reglement Geschillencommissie Advocatuur”), without prejudice to the authority of AMS to apply to the ordinary court if the client has not submitted the dispute to the Disputes Committee within fourteen days after payment has been demanded in writing. If the dispute concerns instructions from a private client, the Regulations provide for a binding advice, unless the client applies to the ordinary court within one month after the complaint has been handled by AMS. In this event, a binding advice only exists if the client pays the outstanding amount in escrow under the Disputes Committee. In the event a debt is to be collected from a business client, the Regulations provide for arbitration. The Regulations of the Disputes Committee for the Legal Profession shall be provided on request.
  19. The District Court of Amsterdam shall have jurisdiction and be competent in case a dispute is submitted to an ordinary court, unless the client who is a consumer objects to this within one month after AMS has invoked this clause.
  20. The Dutch text of these conditions shall prevail in the event of any differences between the Dutch text and the text in a foreign language.

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