LAWNCH is the tradename and trade mark used by Peerboom Advocatuur B.V. (Chamber of Commerce number 63263661), KVH Beheer B.V. (Chamber of Commerce number 17209535) and Van Roeyen Advocatuur B.V. (Chamber of Commerce number 77692330), who operate each for its own account and risk an attorney-at-law practice, using all individually these general conditions, reason why they are all referred to hereinafter as LAWNCH.
These general conditions are applicable to all services from and all agreements with LAWNCH. The general conditions are registered at the Chamber of Commerce and can also be consulted on the LAWNCH website (www.lawnch.nl).
Included in the scope of application of these general conditions are services rendered by all third parties with which LAWNCH has or had for example a management agreement and/or who have performed or perform work for LAWNCH, without regard to the (contractual) relationship according to which such work is performed.
If the services of LAWNCH are set forth in an engagement letter, these general conditions are applicable to said services.
Articles 404, 407(2) and 409 of Book 7 of the Dutch Civil Code are excluded. All assignments are deemed to have been granted exclusively by the client and to have been accepted and performed by LAWNCH. Only after LAWNCH has accepted an assignment an agreement comes into existence. Acceptance of an assignment can only be done by attorneys-at-law who are entitled to represent LAWNCH.
LAWNCH can only provide its services if the client informs LAWNCH properly about its objectives for the required services and immediately provides LAWNCH with all information required to perform the required services.
LAWNCH provides its services only for the client and not for any third party. Accordingly third parties are not entitled to rely on the results or the execution of the services provided to the client and can also not derive any rights regarding the (execution of the) services and the results thereof.
The client indemnifies LAWNCH for all third party claims based upon the services rendered.
Amendments or changes in the law or regulations which occur after LAWNCH has performed the required services do not oblige LAWNCH to advise the client about such amendments and changes or to perform any additional services, taking into account such amendments and changes.
LAWNCH is not liable for services from third parties (for example bailiffs, specialists, accountants) engaged by LAWNCH to perform the services required by the client. LAWNCH is authorised to accept on the client’s behalf conditions and limitations of liability applied by third parties. LAWNCH is entitled to choose the third parties itself unless it is common practice or reasonable to instruct third parties in consultation with the client. Client agrees that LAWNCH is entitled to confidentially share relevant client information with third parties, more especially the above mentioned third parties.
Based on prevailing legislation (including the Dutch Money Laundering and Terrorist Financing (Prevention) Act (Wet ter voorkoming van witwassen en financiering van terrorisme), LAWNCH is required to establish the identities of its clients and, under certain circumstances, report unusual transactions to the authorities. The client is deemed to be aware of this and, to the extent necessary, to grant permission to do so. The client furthermore indemnifies LAWNCH for each and any claims from third parties in respect of LAWNCH that are associated with incorrect reports made in this connection.
Any liability of LAWNCH will be limited to the amount that will be paid out under LAWNCH’s professional liability insurance including the policy excess. If the insurance referred to above does not pay out any amount the liability of LAWNCH will be limited to an amount of EUR 10.000,- or, if the fee net of VAT that was paid for the services to which the claim relates is greater than EUR 10.000,- net of VAT, an amount that is equal to the fee paid for the services, subject to a maximum of EUR 20.000,-. LAWNCH nor its Stichting Derdengelden is liable for any damage resulting from in which way whatsoever from the insolvency of, or other form of non-compliance with obligations by, any bank, financial institution or other third parties. All claims for damages will lapse if LAWNCH is not notified thereof in writing within 6 months after their discovery including the amount of the policy excess. Natural persons involved in LAWNCH are entitled to invoke the same limitations and exclusions of liability as LAWNCH.
The client owes LAWNCH a fee for the services, plus disbursements (where applicable) and VAT. Unless agreed otherwise in writing, the fee will be calculated by multiplying the number of hours of work by the hourly rates established by LAWNCH from time to time. All amounts listed are stated net of VAT. The client accepts that LAWNCH may change its rates.
LAWNCH generally invoices on a monthly basis. Invoices are payable within 14 days, calculated from the invoice date. LAWNCH may suspend or cancel its services until all outstanding invoices have been paid in full if an invoice is not paid within14 days of the invoice date. LAWNCH rejects all liability for any and all loss and/or damage that may arise as a consequence of suspension or cancellation of its services. A client will be in breach of contract without any notice of breach being required and the client will be liable to pay statutory interest within the meaning of article 119a of Book 6 of the Dutch Civil Code, if the client fails to pay within the payment term. LAWNCH is entitled to payment of extrajudicial collection costs by the client, if an invoice remains unpaid after a payment reminder has been sent. The amount of the extrajudicial collection costs that must be paid by the client will be calculated in accordance with the graduated scale included in the Dutch Extrajudicial Collection Costs (Fees) Decree (Besluit vergoeding buitengerechtelijke incassokosten) (Dutch Bulletin of Acts and Decrees 2012, 141 and 142).
Advance payments by the client may be used by LAWNCH to settle any and all outstanding invoices.
If LAWNCH has funds in its possession for the client, such funds may only be used to settle outstanding invoices after the client has given prior written consent to that effect, or LAWNCH has obtained approval from its competent professional organisation (the Dutch Bar Association).
LAWNCH reserves all intellectual and other property rights to all works and other intangible property developed, designed, generated or created in connection with the performance of services, including all reports, written opinions, documents, data, expert reports, working documents and all other material and documents that the client receives from LAWNCH.
LAWNCH is entitled to delete files and all documents contained in said files, including documents belonging to the client and/or third parties, from its archives and to destroy them without any further notification being required, if 7 years or more have passed since the case handled by LAWNCH was closed
Dutch law shall be applicable to all services by LAWNCH. The District Court of East Brabant shall have exclusive jurisdiction to settle disputes, but LAWNCH reserves the right to start proceedings before another competent court.