Terms and conditions

  1. All the provisions in these general terms are stipulated for the benefit of the partnership Factum Advocaten (‘F.A’.), the partners of F.A., the persons working for F.A., as well as for all persons brought in by F.A. to execute assignments respectively for all persons for whose actions and omissions F.A. could be liable.
  2. The acceptance and execution of assignments shall be the exclusive responsibility of F.A. The legal relationship between the client and F.A., to which these general terms apply, shall be subject to the laws of the Netherlands, with the exclusion of sections 7:404 and 7:407, section 2, of the Dutch Civil Code.
  3. Under its own responsibility, F.A. shall be free to have the assignments granted to it executed by partners appointed by it as well as by other persons working for F.A.; in certain cases it may also bring in third parties for an assignment.
  4. In principle, F.A. charges on a monthly basis; invoices shall be accompanied by specifications. Invoices (or payments on account) should be settled within fourteen days of the invoice date, failing which the client shall be charged statutory interest and F.A. shall be entitled to suspend or terminate its work for the client. Any extrajudicial collection costs shall be for the account of the client.
  5. The fee to be charged to the client by F.A. is calculated by multiplying the number of hours worked by the agreed hourly rate.
  6. The total of any liability of F.A., its partners and any persons brought in by F.A. shall be limited to the amount which is paid out under the partnership’s professional liability policy in the matter concerned, plus the amount of the excess which under the policy conditions is for the account of F.A.
  7. If and insofar as no payment is made pursuant to the insurance referred to, for any reason whatsoever, any liability shall be limited to the fee charged for such matters in the calendar year in which the harmful event occurred, up to a maximum of € 25,000.00.
  8. F.A. shall be authorised by the client to accept – also on behalf of that client – any conditions which apply to the relationship between F.A. and third parties or which are stipulated by third parties, including a limitation of the liability of third parties. F.A. may enforce these conditions against the client insofar as it involves an assignment executed by third parties. There shall be no question of F.A. being liable for any shortcomings on the part of these third parties.
  9. The client shall indemnify F.A. against any claims from third parties, including the reasonable costs of any legal assistance, which are, in any way, connected or ensue from the work undertaken for the client, with the exception of cases of intentional acts or gross negligence on the part of F.A.
  10. Any claims from the client shall lapse, unless these are submitted in writing with reasons to F.A. within six months of the client becoming aware, or being reasonably able to have become aware, of the facts on which the claim is based.
  11. The court in Rotterdam has exclusive jurisdiction to hear all disputes between the client and F.A.