GENERAL CONDITIONS

Applicability

These general terms and conditions apply to all services that have been or will be provided by Vertex Legal B.V. (“VL”). Also persons and/or entities affiliated to VL can invoke these general terms and conditions ex Section 6:253 of the Dutch Civil Code.
 

Engaging VL

Excluding Sections 7:404, 7:407(2) and 7:409 of the Dutch Civil Code any engagement is considered to be exclusively assigned to VL.

 

Liability

VL has taken out professional liability insurance. Any liability is limited to the cover thereunder. In the event of no insurance cover of VL, VL’s client cumulative liability will never exceed EUR 25,000.

Complaint obligation

Notwithstanding Section 6:89 of the Dutch Civil Code any claim right of any client lapses, if he does not report such claim in writing within 12 months after the event that caused damages was or reasonably should have been detected.

Indemnification

Any client indemnifies VL against any claims from third parties as well as any resulting liabilities thereof. VL is free to engage with any third party and is authorized to limit any liability of any third party. The applicability of Section 6:76 of the Dutch Civil Code is excluded.

Honorarium

VL’s honorarium is in principle based on the actual number of hours worked, multiplied by the applicable hourly rates to be indexed annually and 6% office costs under the standard practice of the Dutch Bar Association. Specific costs, such as court fees, travel and accommodation expenses, are charged separately.

Invoicing policy

Unless otherwise agreed, VL invoices monthly. Within 14 days after the invoice date any client will pay any invoice of VL without any right to suspension or set-off. After this payment term the client is in default and obliged to pay a delay interest equal to the statutory commercial interest rate. In such situation, VL reserves the right to suspend our services without accepting any liability as a result thereof. All (extra)judicial costs in this respect are for the account of the client.

 

Engagement termination

Any party can immediately terminate the engagement. The client is then obliged to pay to VL any honorarium and/or additional costs for services performed until such termination date.

 

Information provision

Any client provides timely to VL all relevant information for correct execution of the engagement, as well as all requested information by VL. Any client guarantees the correctness and completeness of all information provided to VL.

Data protection

Any client consents to the processing of personal data under applicable rules and regulations. VL’s privacy statement can be consulted on www.vertexlegal.nl.

 

Digital communication

Any client consents to the use by VL of common communication means. VL is not liable for any damages as a result thereof.  

 

Severability

If one of more provisions are (partly) invalid and/or unenforceable, these provisions will be replaced by legally valid and enforceable clauses with as much as possible similar meaning to be discussed by parties in good faith. The invalidity and/or unenforceability of any provision will not affect the validity or enforceability of the engagement, including but not limited to these general terms and conditions.

Complaints procedure

VL has a complaints procedure in place, in the event of any undesired dispute. This procedure can be consulted at www.vertexlegal.nl. Strict confidentiality applies to all aspects of any complaint.

 

Applicable law

Dutch law applies to any relationship between VL and any client.

Competent court

Any engagement dispute will be subject to the exclusive jurisdiction of the courts in Rotterdam, the Netherlands.

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