GENERAL TERMS AND CONDITIONS
- General. Helex Advocaten & Rechtsanwälte (further referred to as “HELEX”) is a partnership under Dutch law consisting of natural and/or legal persons (further referred to as “partners”). These general terms and conditions are stipulated in the interest of HELEX, its partners, employed attorneys at law and other staff working for HELEX, as well as third parties engaged by or on behalf of HELEX in relation to the carrying out of any assignment. All wording in these general terms and conditions refers to both female and male persons.
- Applicability. These general terms and conditions apply to all assignments undertaken and services delivered by HELEX. Any general terms and conditions of the client are hereby explicitly rejected. All assignments are exclusively accepted and executed by HELEX, setting aside art. 7:404 Dutch Civil Code (concerning assignment given to a specific person) and art. 7:407 paragraph 2 Dutch Civil Code (concerning joint liability in case of more than one person performing the services). The assignment is executed only in the interest of the client. Third parties cannot defer any rights from the services executed.
- Liability. The liability of Helex, its partners, employed attorneys, advocaten or Rechtsanwälte and other staff working for HELEX, as well as third parties engaged by or on behalf of HELEX to carry out the assignment, is in all cases limited as a whole to the amount paid under the professional liability insurance of HELEX in the case at hand, increased by the amount of the deductible that, pursuant to the policy conditions, is payable by HELEX in the case at hand. HELEX has taken out professional liability insurance with a Dutch insurance company. Upon request, HELEX will make the policy conditions available.
If and insofar as no compensation is paid under the professional liability insurance, the liability of HELEX, its partners, employed attorneys, advocaten or Rechtsanwälte and its staff and third parties engaged by or on behalf of HELEX to carry out the assignment, is, in total, limited to twice the amount of the fee ex V.A.T. invoiced by HELEX in the matter concerned during the last twelve months prior to the event that caused the liability, with a maximum of € 50,000,00 ex V.A.T. Notwithstanding article 6:89 Dutch Civil Code any claim to damages lapses in case it is not brought to the competent court within six months after the client has knowledge of, or could reasonably have had knowledge of the facts that constitute the entitlement.
- Engaging of third parties. HELEX is entitled to engage third parties in relation to the carrying out of any assignment. The choice of these third parties will be made, insofar as possible, in consultation with the client and with due observance of due diligence. HELEX is not liable for shortcomings of these third parties, except in case of intention or intention of gross negligence. The client indemnifies HELEX against any claims of third parties, including the costs incurred by HELEX in relation thereto, which are in any way connected to the activities executed for the client. Third parties that were engaged by HELEX in relation to the carrying out of the assignment may wish to limit their liability. All assignments given to Helex include the right to accept this liability limitation on behalf of the client.
- Personal Data. The client agrees that his personal data are recorded in an automated system. The data are exclusively used for the purpose of the proper execution of the assignment. By providing his email address, the client agrees that his email address is used to properly execute the assignment and to receive newsletters and other information sent by HELEX concerning its services. If the principle does not wish to receive any information that is not directly related to an assignment, the principle can unsubscribe by sending a message to HELEX using the email address email@example.com.
- Working digitally. HELEX uses Microsoft Teams or, at the request of the client or external parties, other digital meeting software. Certain privacy risks may be associated with this. By participating in the digital meeting, the participants give permission for its use. When executing its assignments and delivering its services, HELEX communicates by digital means, such as email, and other forms of data traffic communication. Parties acknowledge that there are risks involved, such as, but not limited to, distortion, delay, disappearance, and viruses. By participating in this digital communication, the client gives permission for its use. HELEX is not liable for any damage resulting from this, unless in the event of intent or gross negligence. Article 3 (liability) of these terms and conditions remains applicable. Both HELEX and the client will do or refrain from doing everything that can reasonably be expected of each of them to prevent the aforementioned risks.
- File saving period. HELEX works with digital files. The file formed in the context of an assignment will be saved for seven years, after which it can be destroyed. Original documents may be returned at the client’s request. Original judgements, notarial deeds and the like will be stored on paper during the file saving period.
- Fee structure. Unless HELEX and the client explicitly agree otherwise, HELEX is entitled to invoice its services based on the time spent on the assignment multiplied with the hourly fee that is agreed for this assignment and eventual following assignments. HELEX is entitled to request a retainer to cover for future services and disbursements. HELEX is entitled to suspend the (continuation of the) execution of the assignment until the retainer is received. HELEX will duly inform the client of its intent to suspend its services.
- Payment term. Invoices are payable within fourteen fays. After that date the client is in default.
- Complaints. HELEX maintains a complaint procedure further detailed on the website. The complaints procedure is applicable to all assignment.
- Applicable law and jurisdiction. Dutch law applies to the assignment relation between the client and HELEX. The Courts of Rotterdam, the Netherlands, shall have exclusive jurisdiction to hear any dispute arising out or in relation to the legal relationship between the client and HELEX. This is without prejudice to the competence of HELEX to bring such disputes before the competent court at the client's place of business.
- Language. These general terms and conditions are available in the Dutch, German and English language. In case of interpretation differences, the text of the Dutch general terms and conditions prevails. These general terms and conditions are made available on the website of HELEX as well as at its offices in Rotterdam. On request, HELEX will provide these general terms and conditions in paper form.
Rotterdam, 15 July 2022