Article 1 - Assignment

1.1

Hereinafter is understood as Adam & Wolf Immigration Lawyers: the partnership Adam & Wolf Immigration Lawyers, the members of the partnership and all of the lawyers connected with the firm and other employees.

1.2

Assignment
A commitment will occur between the client and the firm upon an attorney’s acceptance of an assignment. Instructions are accepted by and on behalf of the firm, even where the expressed or implied intention is for such instructions to be implemented by a specific person. Notwithstanding articles 7:404, 7:407, section 2, and 7:409 of the Dutch Civil Code, even where instructions are given with a view to them being provided by a specific person, no partner an no other individual who takes instructions for or on behalf of the firm, whether employed by the firm or not, is personally obligated or liable to implement such instructions and the death of any such partner or other individual does not terminate the instructions, even if given with a view to them being provided by a specific person. Unless explicitly otherwise agreed, the firm is free to decide which attorney will execute an assignment.

1.3

Client and assignor
The person, on behalf of whom work activities are carried out, will be considered to be the client. If the assignment is given by anyone other than the client, the assignor as well as the client is principally obligated to all payment that is due to the attorney.

Article 2 - Intellectual Property

 

The client is not allowed to disclose, duplicate, exploit or distribute in any form whatsoever, whether to or through the engaging of a third party, the advice, contracts, or other products of the mind produced by the attorney, without prior written permission form the attorney.

Article 3 - Finances

Fees and Disbursements

3.1

The attorney will be due fees and disbursements. Understood as parts of retainers are: payment of costs to be specified, such as court registration fees, travel and lodging costs, valuation costs, legal fees, registration fees as well as costs of solicitors, bailiffs, couriers, etc.

3.2

The agreement of applicable fees between the attorney and client shall be confirmed in writing by the attorney. In all other cases, the fee will be calculated according to the standard annual hourly fees of Adam & Wolf Immigration Lawyers. This standard hourly fee will be determined by the firm and is available from the attorney upon request. If the assignment extends over many years, the standard hourly fee set for that year will be applicable.

3.3

The attorney can legally require a fee and retainer before beginning the work. This retainer will be accounted for in the final invoice.

Article 4 - Invoices and suspension of work

4.1

Invoices
Complaints regarding an invoice must be submitted, under penalty of expiry, in writing before the payment terms as stated in Art. 5. ends. As long as the assignment is not completed, the attorney is entitled to continue invoicing.

4.2

Suspension of work
If an invoice is not settled within the payment term as stated in Art. 5, all of the attorneys in the office have the legal right to suspend their work activities on the specific case as well as any other assignments that involve that client. Adam & Wolf Immigration Lawyers is not liable for damage, material or intangible, which results from the suspension of work activities.

Article 5 - Payment terms, interest and collection fees

5.1

Payment terms and interest
Invoices must be settled within 14 days after the date of issuance. Failure to do so will result in the client and the assignor being in default and will be charged a legal interest rate on the amount owed.

5.2

Collection fees
If steps must be taken for fee collection, 15% will be charged over the amount owed, with a minimum of € 110,00 as well as the collection fees.

Article 6 - Third Party Payment

 

Payments received by the attorney on behalf of the client will be deposited in the bank account entitled Foundation of Third Party Payments of Adam & Wolf Immigration Lawyers, account number NL79 RABO 0127.682.740. Unless otherwise agreed, there will be no interest paid on third party payments. Any eventual accrued interest will be applied as compensation for administration and bank costs of the third party account.

Article 7 - Liability

 

Adam & Wolf Immigration Lawyers carries professional liability insurance for the firm, all of the attorneys working therein and each individual employee, as well as for all of the services performed in any capacity whatsoever. All liability, in the matter concerned, is limited to the amount that is paid out under the firm’s professional liability policy plus the amount of the deductible (eigen risico) applicable to this insurance coverage. The attorney can provide the client with information regarding the policy. If for any reason whatsoever no benefits are payable under this insurance, liability is limited to a maximum of € 50.000,00. A limitation or exclusion of liability within the meaning of this article does not apply to loss or damage resulting from deliberately reckless or intentional misconduct on the part of the firm.

Article 8 - Archives

 

Unless another agreement is made between the attorney and client, the case files will be stored in the archives for five years. After this time, they will be destroyed.

Article 9 - Applicable law

 

The legal relationship (rechtsverhouding) between the firm ant the client is subject to Dutch law. Any dispute arising out of such a legal relationship shall be submitted to the exclusive jurisdiction of the competent courts in the Netherlands, unless it concerns a case in which the Dutch Bar Dispute Regulation (Geschillenregeling Advocatuur) is applicable and sets jurisdiction for the Geschillencommissie Advocatuur. In these cases, disputes are settled in accordance with the Reglement Geschillencommissie, that can be obtained with the Clerk of the Dispute Commission (P.O. Box 90600, 2509 LP Den Haag) or can be obtained from the firm. In that Reglement, is stated that disputes with private clients are settled by way of a binding advise, unless it concerns a claim on the client and the client does not timely deposit the unpaid amount with the Dispute Commission. In that case, the dispute is settled by way of arbitrage. The private client has the right to choose for settlement with the competent Dutch court within six weeks upon the firm calling upon the Reglement. Disputes with business clients are exclusively settled by way of arbitrage. Complaints and disputes regarding the services of Adam & Wolf Immigration Lawyers must be submitted in writing with the internal claims commission of Adam & Wolf Immigration Lawyers (Adam & Wolf Immigration Lawyers, t.a.v. klachtencommissie, Postbus 11428, 1001 GK Amsterdam) within three months immediately after the moment the plaintiff learned to know or may reasonably be considered to have known the act or negligence causing the complaint. The complaints commission decides on the complaint in accordance with the internal complaint regulation. This regulation will be furnished upon request.

Article 10 - Language

 

The general conditions are available in Dutch and English. In case of a dispute regarding their contents or intention, the Dutch language and version is binding.