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Home > General conditions
1. INSTRUCTIONS 1.1 Ten Holter Advocates, hereinafter THA THA signifies each of the advocates working in collaboration as well as their joint association. 1.2 Undertaking of activity Instructions once accepted imply an obligation to perform to the best of the advocate's abilities and not an obligation to guarantee a certain result. 1.3 Identification/ report of transactions THA is bound to its legal obligations, such as identifying its clients and reporting unusual transactions. 1.4 Client and principal Clients are those for whom work is performed. Should somebody other than the client give instructions: - the advocate may require written instructions from the client; - both the principal and the client shall be jointly and severally liable for payment of that which
2. FEES, DISBURSEMENTS AND RETAINER The advocate is entitled to fees and disbursements. 2.1 Disbursements Disbursements are: - compensation of specified costs, such as court dues, travel and other out-of-pocket expenses, - compensation of unspecified office expenses, such as postage, telephone, telefax, etc. costs, 2.2 Fees If no particular method is agreed between the advocate and the client for payment of the advocate's fees for the work performed, the fees are calculated on the basis of an hourly rate. Varying from the experience of the advocate an hourly rate will be charged of EUR 245,00, EUR 200,00 or EUR 155,00 all exclusive of disbursements and Value Added Tax (btw). THA reserves the right to amend this hourly rate annually in relation to the development of prices in society at large. Factors such as the importance of the case, specialism and urgency may increase/decrease this rate as follows: financial interest of case: - factor 2.5 to 0.7 client's demand for speed: - factor 1.5 2.3 Retainer The advocate is entitled to an advance payment on that which is owed. This advance payment shall be deducted from the final bill.
3. BILLING AND SUSPENSION OF ACTIVITIES 3.1 Bills Complaints about a bill should be submitted within fourteen days of the billing date or they shall be deemed invalid. THA shall submit interim bills until such time as the assignment is completed. 3.2 Suspension of activities Should a bill remain unpaid despite repeated reminders the advocate may suspend his/her activities after written statement to that effect to the client. The advocate may also suspend his/her activities for as long as the retainer remains unpaid. THA cannot be held liable for any damage that may occur as a result of a suspension of activities on the grounds specified above.
4. INTEREST AND COSTS OF DEBT COLLECTION 4.1 Interest Expect in the case of justified complaint each invoice must be settled within thirty days in the absence of which, no further reminder being necessary, the principal/client shall be deemed to be in default, and legal interest will be due. 4.2 Costs of debt collection Should recourse to debt collection be necessary the costs therefore shall fall to the client's account, said costs being 10% of the amount owed with a minimum of EUR 45.00.
5. THIRD PARTY MONIES Monies received by the advocate on the client's behalf shall be deposited in the bank account of the Stichting Beheer Derdengelden THA (THA's Third Party Funds Management Foundation). No interest shall be paid on third party funds unless specifically agreed otherwise with the advocate. Any interest that may accrue shall be used to compensate the costs of administration and management of the third party funds account.
6. LIABILITY 6.1 Limitation of liability Any liability of THA shall be limited to the amount, which is paid out in the matter concerned under the firm's professional indemnity policy specified below. 6.2 Professional indemnity insurance The professional liability of THA is covered by the Nationale Nederlanden Schadeverzekeringmaatschappij N.V. of The Hague to an amount of EUR 5,000,000.00 per occurrence with a maximum of EUR 10,000,000.00 in any calendar year.
7. ARCHIVES After completion of a case any and all original documents in the dossier as may have been received from the client shall be returned to same, whereafter the remaining dossier shall be stored for a period of seven years. Thereafter the dossier shall be destroyed.
8. CHOICE OF LAW At the services of THA the Dutch Law is applicable. The Court of Dordrecht is competent
9. COMPLAINTS THA has affiliated to the Complaints and Disputes Settlement of the Dutch Order of Advocates. On request the Complaints Settlement of THA will be sent to the client free of charge.
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