General Terms and Conditions ScheerSanders Advocaten
1.1. ScheerSanders is a partnership under Dutch civil law, hereinafter referred to as: the firm. The firm is domiciled in The Hague.
1.2. In these terms and conditions, “client” is to be understood as the person(s) who has/have entered into a professional services agreement with a lawyer who is associated with the firm.
2.1. These general terms and conditions are applicable to all assignments accepted by the firm, unless otherwise agreed in writing.
2.2. Each assignment entered into with a lawyer who is associated with ScheerSanders shall be deemed given to the firm.
2.3. All assignments are governed by Sections 7:400 up to and including 7:413 Dutch Civil Code, except for Section 7:404 and Section 7:407, Paragraph 2.
3.1. Unless explicitly agreed otherwise, the amount of the fee is determined on the basis of the hours spent and the agreed hourly rate. If an hourly rate has not been agreed explicitly, the fee shall be calculated based on the usual rate applied by the lawyer concerned.
3.2. The applicable hourly rate is at all times exclusive of VAT and disbursements. These will be calculated separately.
3.3. Disbursements include but are not limited to travel and subsistence expenses, the costs of services performed by third parties (such as bailiffs, information agencies), the costs of extracts (from the Municipal Registry of Births, Marriages and Deaths, the Municipal personal records database, the Chamber of Commerce, et cetera), as well as, in the event of legal proceedings, the court registry fees charged by the court.
3.4. The firm is at all times entitled to request the client to make an advance payment prior to performing or continuing the agreed services. Unless agreed otherwise, a received advance payment shall be set off against the final invoice concerning the assignment.
3.5. Unless explicitly agreed otherwise, the firm is entitled, also during the term of the assignment, to increase the agreed hourly rate each year on 1 January provided prior notice is given thereof, and notwithstanding art. 7.
4.1. If an application for legal aid has been submitted for the client and if such legal aid is granted by the Dutch Legal Aid Council (Raad voor Rechtsbijstand) under the obligation to pay a personal contribution, such contribution shall be payable within 7 days after the client has been requested to pay.
4.2. If an application for legal aid is submitted, the firm is entitled to request an advance payment covering the expected personal contribution and the expected payable court registry fees prior to performing or continuing the agreed services.
4.3. Disbursements which are not covered by the legal aid shall be charged to the client by the firm. With respect to such disbursements the previous paragraphs shall apply accordingly.
4.4. If, following an application for legal aid, legal aid is not granted and the client continues the assignment, the firm shall agree with the client which fee shall apply to the services to be performed. This arrangement shall be confirmed in writing, in which case all performed services shall be governed by clause 3 and clause 5 of these general terms and conditions.
5.1. The firm is entitled to invoice the client on a monthly basis for the services performed and the disbursements.
5.2. The due date of each invoice is 30 days after the invoice date, unless another due date is stated on the invoice.
5.3. Payment of invoices must be made without any deduction, discount or set-off of debts.
5.4. If an assignment has been given by several clients, each of them is jointly and severally liable for all claims made by the firm against them.
5.5. If the client fails to pay an invoice by the due date, the client shall be in default by operation of law and shall owe, as of the 31st day, the statutory late payment interest pursuant to Section 6:119 Dutch Civil Code or, if applicable, Section 6:119a Dutch Civil Code, without prejudice to any further rights of the firm.
5.6. If the client is in default, the client shall also owe the notified extrajudicial expenses. If the client is a natural person who does not act in the performance of a profession or business, the extrajudicial expenses shall be determined in accordance with Section 6:96, Paragraph 4 Dutch Civil Code. If the client acts in the performance of a profession or business, the actual incurred extrajudicial expenses shall be payable, with a minimum of 15% of the claimed amount.
5.7. The client grants its irrevocable consent to the firm as well as to the foundation “Stichting Beheer Derdengelden ScheerSanders Advocaten” which has authorised the firm in this matter, to set off any funds received for or from the client against - or to use them for the payment of - whatever the client owes the firm.
6.1. The professional liability of the lawyers who are associated with the firm shall be limited to the amount to which the firm is entitled to receive payment per event under the professional liability insurance policy taken out by the firm.
6.2. All claims shall expire in any event if, within one year after the event or circumstances that lead or may lead to liability, the client fails to notify the firm of the claim in writing by registered mail. Per event, the one-year period shall start on the date on which the client has discovered, or reasonably should have discovered, the aforementioned event or circumstances.
6.3. The firm does not accept liability for possible shortcomings of third parties who are engaged for the fulfilment of an assignment.
End of the assignment
7.1. The client and the firm are at all times entitled to terminate an assignment. Notification of termination shall be effected in writing.
7.2. In the event of (premature) termination of the assignment, the client is liable for payment of the fees and disbursements based on the performed services up to the date of termination of the assignment.
8.1. The file shall be archived for a period of at least 5 years after termination of the services, after which the firm shall be at liberty to destroy the file.
9.1. Any disputes arising over the entering into and performance of the assignment, the quality of the services or the amount of the invoice, shall be treated according to the applicable complaints procedure. This procedure is published on the website www.scheersanders.nl. A free copy of the procedure will be sent upon request.
9.2. Disputes which cannot be settled in accordance with the complaints procedure, mentioned in Paragraph 9.1, shall be settled in accordance with the Regulation of Disputes of the Bar (Reglement Geschillencommissie Advocatuur). This regulation is published on the website www.degeschillencommissie.nl. A free copy of the regulation will be sent upon request.
9.3. The firm is at all times entitled to submit a dispute to the civil courts. In that case the competent court is the court in The Hague.
Processing personal data
10.1. Insofar as personal data are processed in connection with the acceptance and execution of the assignment, these personal data will be processed adequately and diligently and in accordance with the Personal Data Protection Act and the General Data Protection Regulation (GDPR).
10.2. The firm collects and processes personal data with due observance of the regulations of the Netherlands Bar Association in order to optimally represent the interests of the client in and outside of court. Personal data may also be used when invoicing fees and disbursements and administering payments, sending newsletters, invitations to events and/or promotional messages to the client. The client consents to this. The firm only uses voluntarily provided personal data for the aforementioned purposes.
10.3. The firm will not provide the client's personal data to third parties, unless this is required for the execution of the assignment. Personal data may also be provided to third parties if there is a legal obligation to do so, including the Money Laundering and Terrorist Financing Prevention Act or on the basis of a court decision.
10.4. The client consents to personal data provided being stored and saved in the (digital) filing, administration and communication systems used by the firm. Where applicable, personal data may also be processed in digital calculation applications, for instance in order to calculate damages, interest or maintenance payments.
10.5. The client is entitled to view or correct its personal data or ‘to be forgotten’. The client can send a request to that effect to firstname.lastname@example.org or contact the lawyer concerned. When handling this request, the company may require a copy of the client's proof of identity (again). The client's request will be processed as soon as possible but no later than six weeks.
10.6. The firm ensures that, in accordance with the GDPR, a processing agreement is concluded with third parties, such as the administrator of the digital system, bailiffs, et cetera, who process personal data at the firm’s request.
10.7. The client guarantees to the firm that personal data are provided lawfully and that the rights of third parties are not infringed.
Entry into force
11.1. These general terms and conditions have entered into force on 1 November 2021 (version 11.2021).