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General terms and conditions of ScheerSanders Lawyers

General

1.1. ScheerSanders is a civil-law partnership, hereinafter referred to as: the company. The company is located in The Hague.

1.2. In these conditions, the term ‘client’ refers to the individual(s) who have entered into an agreement for services with a lawyer associated with the company.

Engagement

2.1. These general terms and conditions apply to all engagements accepted by the company, unless otherwise agreed in writing.

2.2. Any engagement concluded with a lawyer associated with ScheerSanders is deemed to have been granted to the company.

2.3. Sections 7:400 to 7:413 of the Dutch Civil Code apply to each engagement, with the exception of Sections 7:404 and 7:407 (2).

Fee

3.1. Unless otherwise agreed, the fee is determined based on the hours spent and the agreed hourly rate. If no hourly rate is expressly agreed upon, the fee is calculated based on the customary rate for the respective lawyer.

3.2. The applicable hourly rate is always exclusive of VAT and disbursements, which are calculated separately.

3.3. Disbursements include, among other things, travel and accommodation costs, costs incurred by third parties (such as bailiffs, information bureaus), costs of extracts (civil registry, municipal personal records database, Chamber of Commerce, etc.), bank charges, and, in the case of legal proceedings, court fees charged by the court.

3.4. The company is always entitled to request an advance payment from the client before commencing the agreed-upon activities. Unless agreed otherwise, any received advance payment is offset against the final invoice for the engagement.

3.5. Unless otherwise agreed, the company is entitled to adjust the agreed hourly rate annually as of 1 January, subject to prior notice and without prejudice to the provisions of Article 7.

Legal Aid

4.1. If legal aid is requested for the client, and it is granted by the Legal Aid Board with the imposition of a personal contribution, this personal contribution must be paid within 7 days after the client has been requested to pay.

4.2. If legal aid is requested, the company is entitled to request an advance payment for the expected personal contribution and the expected court fees before commencing the agreed-upon activities.

4.3. Disbursements not reimbursed based on legal aid will be charged to the client by the company. The preceding paragraphs apply mutatis mutandis to these disbursements.

4.4. If, as a result of a legal aid application, no legal aid is granted, and the client maintains the engagement, the company and the client agree on the fee for the services. This agreement will be confirmed in writing. In that case, all services performed are subject to the provisions of Article 3 and Article 5 of these general terms and conditions.

Invoicing, Payment

5.1. The company is entitled to invoice the client for the services and disbursements on a monthly basis.

5.2. The payment term for each invoice is 14 days from the invoice date unless a different payment term is stated on the invoice.

5.3. Payment of invoices must be made without deduction, discount, or setoff.

5.4. If the engagement is provided by multiple clients, each of them is jointly and severally liable for all amounts owed to the company.

5.5. If the client has not paid an invoice within the payment term, he is in default by operation of law and, without prejudice to further rights of the company, is liable to pay the legal interest from the 15th day under Section 6:119 of the Dutch Civil Code or, if applicable, Section 6:119a of the Dutch Civil Code.

5.6. If the client is in default, he is also liable for the outlined extrajudicial costs. If the client is a natural person who does not act in the exercise of a profession or business, the extrajudicial costs are determined in accordance with Section 6:96 (4) of the Dutch Civil Code. If the client acts in the exercise of a profession or business, the actual extrajudicial costs are due, with a minimum of 15% of the amount claimed.

5.7. The client grants the company, as well as the Foundation for the Management of Third-Party Funds of ScheerSanders Lawyers, which has granted a power of attorney to the company, irrevocable permission to set off or use any funds received from or on behalf of the client to pay what the client owes to the company.

Liability

6.1. The professional liability of the lawyers associated with the company is limited to the amount for which the professional liability insurance taken out by the company entitles a claim in the relevant case.

6.2. A claim lapses in any case if the client has not notified the company of the claim in writing by registered letter within one year of the event or circumstance that gives rise to or may give rise to liability. In such cases, the one-year period begins on the date on which the client discovered or should reasonably have discovered the event or circumstance in question.

6.3. The company is not liable for any shortcomings of third parties engaged in the execution of an engagement.

Termination of the engagement

7.1. The client and the company may terminate the engagement letter at any time. This termination must take place in writing.

7.2. In the event of (premature) termination of the engagement, the client is obligated to pay fees and expenses based on the work performed up to the moment of termination of the engagement.

Archiving

8.1. The file is kept for a minimum of five years after the termination of the services, after which the company is free to destroy the file.

Disputes

9.1. Complaints about the conclusion and execution of the engagement letter, the quality of the services, or the amount of the invoice will be handled in accordance with the office complaints procedure applicable to this agreement. This procedure is stated on the website scheersanders.nl and will be sent free of charge upon request.

9.2. The company is free to submit a dispute to the civil court for settlement. In that case, the Court of The Hague has jurisdiction.

Processing of Personal Data

10.1. Insofar as personal data is processed in connection with the acceptance and execution of the engagement, this personal data will be processed in a proper and careful manner and in accordance with the Dutch Personal Data Protection Act and the General Data Protection Regulation (GDPR).

10.2. The company collects and processes personal data in compliance with the regulations of the Netherlands Bar Association to represent the client’s interests the best way possible in and out of court. Personal data may also be used for billing fees and disbursements, administering payments, sending newsletters, invitations to events, and/or promotional messages to the client. The client gives permission for this.

10.3. The company will not provide the client’s personal data to third parties unless necessary for the execution of the engagement. Personal data may also be provided to third parties if required by law, including the Anti-Money Laundering and Anti-Terrorist Financing Act, or by a court decision.

10.4. The client agrees that the provided personal data will be stored in the (digital) file, records, and communication systems used by the company. In some cases, personal data may also be processed in digital calculation applications, such as for the calculation of damages, interest, or maintenance.

10.5. The client has the right to access or correct their personal data or to be forgotten. The client can send a request to that effect to info@scheer.nl or contact the relevant lawyer. The company may (again) request a copy of the client’s ID when processing this request. The client’s request will be processed as soon as possible, but within six weeks.

10.6. The company ensures that third parties, such as the administrator of the digital system, bailiffs, etc., who process personal data on behalf of the company, enter into a data processing agreement in accordance with the GDPR.

10.7. The client guarantees to the company that the provided personal data is provided lawfully and does not infringe on the rights of third parties.

Effective Date

11.1. These general terms and conditions take effect on 1 January 2024 (version 1.2024).

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