Terms & Conditions
1.These general conditions apply to all engagements and agreements with Deikwijs (as defined below) or any of its attorneys, advisors, consultants or employees, including to any subsequent or follow-up engagements. The applicability of general conditions of the client is explicitly rejected.
2. All engagements and agreements are accepted solely by Deikwijs. Responsibility and liability for performance rests with Deikwijs and not its attorneys, advisors, consultants or employees,. The applicability of Article 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code is excluded. The client cannot hold any other natural or legal entity liable for performance of the agreement with Deikwijs.
3. Deikwijs may be required upon acceptance of an engagement to establish the identity of the client, to determine whether the engagement may aim to prepare, support or shield illegal activities, and to report unusual transactions to appropriate authorities without informing client or asking for client’s consent.
4. Deikwijs makes no commitments or warranties as to the results of its services. Agreements are solely performed for the benefit of the client. Unless agreed in writing by Deikwijs, no one other than the client can rely on the results of the work performed or the implementation thereof or may derive any rights therefrom.
5. Unless otherwise agreed, the Deikwijs fees are calculated by multiplying the hourly rate agreed with the number of hours spent. All prices are excluding VAT and expenses. Deikwijs does not charge an additional percentage in office expenses. Expenses and costs for third parties such as (but not limited to) courier costs, translation costs and court fees are charged separately. Any agreed advances will be deducted from the final invoice in connection with the engagement. Deikwijs may adjust the hourly rate periodically.
6. Invoicing takes place monthly. Payment must be made within 14 days. Deikwijs may suspend any work performed if client fails to timely pay invoices and no advance payment is available to cover the invoice amount.
7. Deikwijs has professional liability insurance with coverage of up to 1,000,000 euros per claim. Any liability of Deikwijs is limited to the relevant amount paid out by the insurer, plus any deductibles. If the insurer does not pay out, the total liability of Deikwijs is limited to fifty percent of the amount paid by client in connection with the relevant engagement in the twelve- month period prior to the event giving rise to damages. Deikwijs will not rely on this restriction if damages are due to intent or willful recklessness on the par of Deikwijs.
8. Client indemnifies Deikwijs for any third party claim in connection with the work performed by Deikwijs under any engagement.
9. Deikwijs will treat all information provided by, or regarding, client as strictly confidential unless it can reasonably be regarded as non-confidential. If Deikwijs has engaged third parties for performance of the agreement, Deikwijs is permitted to make information available to these third parties unless client has indicated that it must consent prior to such making available. Deikwijs may be legally obligated to disclose information regarding the client or any client transactions without informing client thereof.
10. Deikwijs is entitled to engage third parties in performance of any engage- ment. These general conditions also inure to the benefit of such third party contractors. Deikwijs assumes no responsibility or liability for errors or shortcomings of third parties or for damages caused by them. Deikwijs is entitled to accept the applicability of third party terms and conditions and limitations of liability on behalf of the client and may rely on these terms, conditions and limitations towards the client insofar as they relate to the third party performance of the agreement.
11. These general conditions constitute an irrevocable third party clause for the benefit of the attorneys, advisors, consult- ants and employees of Deikwijs.
12. The third party-funds foundation affiliated to Deikwijs (the Stichting Beheer Derdengelden Deikwijs) is entitled to hold third party-funds in the context of performance of any engagement by Deikwijs. Deikwijs is not liable for, and client indemnifies Deikwijs for, any damages and claims arising from or in connection with any bankruptcy, insolvency or failure to per- form by the bank or financial institution where the third party-funds are deposited.
13. Communication between Deikwijs and client that occurs electronically, including by e-mail, will not be encrypted unless otherwise expressly agreed before transmitting of such communications. Deikwijs cannot guarantee that electronic communications are secure. Electronic communications can be intercepted, analyzed and manipulated. If the client electronically transmits important messages to Deikwijs, it must verify that those messages have been received by Deikwijs on time and intact. Deikwijs is not liable for any loss of, or unauthorized access to, information that has been electronically transmitted.
14. Each party is entitled to terminate the agreement with immediate effect. Upon termination, client shall pay at least for all services and work performed until the date of termination.
15. Claims for compensation of damages expire twelve months after the moment the client has become aware of the dam- ages or should have reasonably become aware thereof. All other claims expire twelve months after the work to which the claim relates has been performed, unless the claims expire earlier in accordance with applicable law.
16. Dutch law applies exclusively to all agreements and legal relations with Deikwijs (including with its attorneys, advisors, consultants or employees).
17. Deikwijs has a complaints procedure in place, which governs al work and services performed by Deikwijs. The complaints procedure is available at http://deikwijs.nl/en/clientdetails.
18. All disputes between Deikwijs and client that are not resolved through the Deikwijs complaints procedure, shall exclusively be brought before the competent court in Amsterdam, the Netherlands, without prejudice to the right of Deikwijs to submit a dispute to the court that would have jurisdiction if the aforementioned choice of forum had not been made. 19. Deikwijs Attorneys LLP (“Deikwijs”) is a limited liability partnership, with registered offices in London, UK and registered with the Companies Registration Office in Cardiff, United Kingdom under number OC412228. Deikwijs has its principal place of business at Panamalaan 8 A, 1019 AZ, Amsterdam and is registered with the Dutch Chamber of Commerce under number 66229952.