1. General. Helex Advocaten & Rechtsanwälte (further referred to as “Helex Law”) 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 Law, as well as third parties engaged by or on behalf of Helex Law in relation to the carrying out of any assignment. All concepts stated in these general terms and conditions always refer to both female and male persons.
  2. Applicability. These general terms and conditions apply to all assignments undertaken and services delivered by Helex Law. Any general terms and conditions of the Principal are hereby explicitly rejected. All assignments are exclusively accepted and executed by Helex Law, 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 Principal. Third parties cannot defer any rights from the services executed.
  3. Liability. The liability of Helex, its partners, employed attorneys, advocaten or Rechtsanwälte and other staff working for Helex Law, as well as third parties engaged by or on behalf of Helex Law to carry out the assignment, is in all cases limited as a whole to the amount paid under the professional liability insurance of Helex Law in the case at hand, increased by the amount of the deductible that, pursuant to the policy conditions, is payable by Helex Law in the case at hand. Helex Law has taken out professional liability insurance with a Dutch insurance company. Upon request, the policy is open for inspection. If and insofar as no payment is made under the professional liability insurance, the liability of Helex Law and its staff and third parties engaged by or on behalf of Helex Law to carry out the assignment, will, in total, will be limited to twice the amount of the fee ex V.A.T. invoiced by Helex Law in the matter concerned during the last twelve months prior to the event that caused the liability, with a maximum of € 50,000,- 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 Principal has knowledge of, or could reasonably have had knowledge of, the facts that constitute the entitlement.
  4. Engaging of third parties. Helex Law 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 Principal and with due observance of due diligence. Helex Law is not liable for shortcomings of these third parties, except in case of intention or intention of gross negligence. The Principal indemnifies Helex Law against any claims of third parties, including the costs incurred by Helex Law in relation thereto, which are in any way connected to the activities executed for the Principal. Third parties that were engaged by Helex Law 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 Principal.
  5. Personal Data. The Principal 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 Principal agrees that his email address is used to properly execute the assignment and to receive newsletters and other information sent by Helex Law 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 such a message to Helex Law using the email address info@HELEX-advocatuur.com.
  6. File saving period. The file formed in the context of an assignment in digital as well as in paper form will be saved for seven years, after which it can be destroyed. 
  7. Fee structure. Unless Helex Law and the Principal explicitly agree otherwise, Helex Law 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 Law is entitled to request a retainer to cover for future services and disbursements. Helex Law is entitled to suspend the (continuation of the) execution of the assignment until the retainer is received. Helex Law will duly inform the Principal of its intent to suspend its services.
  8. Payment term. Invoices are payable within fourteen fays. After that date the Principal is in default. 
  9. Complaints. Helex Law complies with its obligation under art. 6.28 of the Dutch Verordening op de Advocatuur with the following complaints procedure, applicable to all assignments agreed upon with the Principal. A complaint is defined as each written statement of or on behalf of the Principal in which he expresses his dissatisfaction in respect of the conclusion or the execution of the assignment by Helex Law, its staff or third parties engaged by or on behalf of Helex Law to carry out the assignment, or in respect of the amount of the invoice. Complaints as referred to in Paragraph 4 of the Dutch Advocatenwet are excluded. a. A complaint will, at first, be handled internally. The Principal can hereto address the complaint officer Marije H.J. van der Tol. The complaint will be handled within four weeks. The Principal does not pay any compensation for the internal complaint procedure. b. The internal complaint handling is aimed at finding an acceptable solution for the Principal as well as for Helex Law. c. In case the internal complaint procedure does not result in a satisfactory solution, the Principal is entitled to bring his complaint before the competent Court.
  10. Applicable law and jurisdiction clause. a. Dutch law applies to the assignment relation between the Principal and Helex Law.  b. 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 Principal and Helex Law. This is without prejudice to the competence of Helex Law to bring such disputes before the l competent court of the Principal's place of residence.
  11. Language. These general terms and conditions are available in the Dutch, German and English language. The text of the Dutch general terms and conditions prevails over the texts in the other languages. These general terms and conditions are made available on the website of Helex Law as well as at its offices in Rotterdam. They will also be provided to the Principal in paper form on request.
  12. Severability clause. If any part of these general terms and conditions is declared invalid, illegal or incapable of being enforced, the remainder will continue to be valid and enforceable. Upon such determination that any part is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this part of the general terms and conditions as to affect the original intent of the parties as closely as possible in an acceptable manner. The same will apply to close an omission in these general terms and conditions.