General terms & conditions AMS Advocaten N.V.
- AMS Advocaten N.V. (“AMS”) is a limited liability company (“naamloze vennootschap”) formed under Dutch law. AMS is registered with the Commercial Register in Amsterdam under number 53039734.
- These terms shall apply to all services performed by AMS or attorneys working at AMS, including subsequent or additional instructions. The applicability of the terms and conditions of the client is hereby specifically rejected.
- AMS shall operate as the exclusive contracting party of the client. This shall also be the case if the instruction shall be carried out by a specific person, associated with AMS. The attorney who is a direct or indirect shareholder of AMS and the attorney who is employed with AMS both shall act exclusively for AMS in performing his or her professional services. The applicability of section 7:404 and 7:407, clause 2, if the Dutch Civil Code is explicitly excluded.
- Any and all liability of AMS and its lawyers and employees is 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 € 25,000.-.
- Notwithstanding the provisions in article 6:89 of the Dutch Civil Code, any claim for compensation against AMS shall lapse 12 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.
- 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.
- Unless such claim is the result of gross negligence or wilful 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.
- Unless it is otherwise agreed, professional fees shall be calculated on the basis of the hourly rate established by AMS, to which VAT (if applicable) is added, and a reasonable charge to cover office costs. AMS is entitled to amend the professional fees and the office costs charge periodically.
- The client will be charged monthly for services and expenses payable by AMS on behalf of the client (for instance disbursements such as registry fees, process server fees and translation costs).
- 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.
- Unless otherwise stated, invoices of AMS are subject to a payment period of 14 days. On late payment, AMS is entitled to immediately suspend or cease its activities without AMS being liable for any damages that may arise as a thereof.
- On late payment, AMS is entitled to statutory interest for commercial transactions and extrajudicial costs of recovery. These extrajudicial costs shall be fixed at 15% of the principal sum due.
- AMS has the right to destroy the file without any further notification 5 years after the sending date of the last invoice.
- The legal relation between the client and AMS is exclusively governed by Dutch law.
- 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 one month after payment has been demanded in writing. If the dispute concerns instructions from a private client, the Regulations provide for a binding opinion, unless the client applies to the ordinary court within one month after the complaint has been handled by AMS. In this event, a binding opinion only exists if the client pays the outstanding amount in escrow under the Dispute Commission. 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.
- The Complaint 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/
- The District Court of Amsterdam shall have jurisdiction and be competent in case a dispute is submitted to an ordinary court, unless a different court is prescribed by law, in which case AMS has the right to bring the case before the prescribed court.
- 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.