MIJNLOGO
Terms and Conditions
Index
1
Applicability
2
Exercises
3
Fee
4
Payment and consequences of non-payment or late payment
5
Returning documents
6
Liability
7
Applicable law
1 Applicability
1.1
Law Store Legal Consultancy is a sole proprietorship in which mrs. Mr. S. Yildiz provides clients with legal advice in the field of employment law, contract law, immigration law, administrative law, social security law, liability law, private law, administrative law and direct debits.
1.2
These general terms and conditions - with the exclusion of any general terms and conditions of the client - apply to all contracts of assignment (including additional assignments and / or follow-up assignments) that are concluded with Law Store Legal Advisory, unless prior to the conclusion of the agreement in writing differently made an agreement.
1.3
If one of the provisions in these general terms and conditions is voidable or void, the other provisions in these general conditions remain in full force.
1.4
In the event of any discrepancy between these general terms and conditions and the order confirmation in which these general terms and conditions have been declared applicable, the provisions of the order confirmation will prevail. In that case, the provisions in the order confirmation and the other provisions in these general conditions form the entire agreement.
1.5
Law Store Juridische Adviesbureau reserves the right to change and / or supplement the general terms and conditions at any time. The changed conditions shall be deemed to have been accepted if the client has not objected to the changed conditions within 14 days after the amended conditions have been submitted to or become known to him.
1.6
These general terms and conditions are sent by order, can be consulted on www.lawstore.nl, are available for inspection at Law Store Juridisch Adviesbureau, located at 's-Gravenhage 2571 SB at de Steijnlaan 192.
2 Assignments
2.1The proposals made by Law Store Juridisch Adviesbureau are without obligation. A proposal made by Law Store Juridisch Adviesbureau automatically expires if it is not accepted by the client within 7 days in writing, unless expressly agreed otherwise.
2.2The agreement is first established and commences at the moment that the order confirmation signed by the client for approval or otherwise confirming approval by Law Store Legal Consultancy has been received, unless the execution of the assignment has actually commenced.
2.3An accepted assignment leads to an effort obligation of Law Store Legal Consultancy, not to a result obligation. Law Store Juridisch Adviesbureau will endeavor to achieve the result desired by the client, but does not guarantee that this result will be achieved. The Law Store Legal Advisory Board assesses the manner in which legal and extrajudicial actions are taken.
2.4The client is obliged and obliged to make available to law store legal consulting firm all facts and all information necessary to give good advice and to give Law Store Legal Consultancy the opportunity to, if necessary, inform the client about a certain risk that the client may incur in a legal question / problem / conflict. If the client fails to provide information and facts that are necessary for a good advice, the damage resulting from the inadequacy / inaccuracy / incompleteness of the information and facts provided by the client will rest on the client. The burden of proof of the incomplete and correct provision of information and facts will rest with the client.
2.5.
All assignments will be considered as exclusively given to Law Store Legal Advisory, even if the client has given an assignment expressly or tacitly with a view to its execution by a specific person. Assignments are accepted with the exclusion of the provisions of article 7: 404, 7: 407 paragraph 2 and 7: 409 Dutch Civil Code.
2.6
Law Store Juridisch Adviesbureau is authorized to involve services of third parties in connection with its services, such as representatives of district courts, (process) lawyers, bailiffs, notaries, research agencies, collection agencies, accountants, tax consultants, the Land Registry, the Chamber of Commerce, lawyers (offices), etc. The client agrees that an assignment given to Law Store Legal Consultancy includes the authority to accept any liability limitations of these third parties on behalf of the client.
2.7
The execution of the assignments given to Law Store Legal Consultancy is exclusively for the benefit of the client. Third parties can not derive any rights from (the execution of) the work performed for the client, unless explicitly and in writing has been recorded.
2.8
All Intellectual Property rights, including, but not limited to, copyrights, trademark rights and database rights, on the information, texts, images, logos, photographs and illustrations are vested in Law Store Legal Advisory. The clients and users of the products of Law Store Juridisch Adviesbureau recognize these rights and guarantee that they will refrain from any infringement thereof, including the making of copies of the products other than copies required for their own use.
2.9
The client is not entitled to reproduce or publish the work outside the company circle, unless otherwise agreed. Client is not authorized, unless otherwise agreed, to transfer the products of Law Store Juridisch Adviesbureau to third parties, nor to transfer a copy thereof. The Client must respect the personality rights of Law Store Legal Consultancy, including the obligation to provide a name, as stated in Article 25 Aw. Digital or analogous editing or modification of the delivered works is not permitted without the prior written permission of Law Store Juridisch Adviesbureau. Any use of a work by Law Store Legal Consultancy that has not been agreed will be considered a copyright infringement by Law Store Legal Consultancy.
2.10
In case of infringement of the copyright and / or personality rights of Law Store Legal Consultancy, Law Store Legal Consultancy charges three times the usual license fee for such a case, to compensate for the damage suffered. Compensation for damages does not entitle you to further use of the work of Law Store Juridisch Adviesbureau.
2.11An assignment can be terminated by the parties in writing by registered mail at any time. Any outstanding invoices must then be paid in full by the client.
3
Fee
3.1The remuneration is determined in principle on the basis of the number of hours worked, unless otherwise agreed. In addition to the fee, Law Store Legal Consultancy will charge the costs necessarily incurred for the client, such as travel and accommodation expenses.
3.2Upon entering into the agreement, a different price agreement can be made, including fixed rates, no cure no pay agreements. If a different price agreement has been made, any reimbursement of costs will come with legal assistance and penalties for the benefit of Law Store Legal Consultancy. If the assignment is terminated by the client in the event of a deviating price agreement, the hours worked must be settled at the regular hourly rate.
3.3Unless otherwise agreed, the rates are exclusive of 5% office costs, VAT and disbursements (costs of third parties), including government levies, bailiff costs, court fees, costs of extracts, costs for registered mail, costs to be incurred due to a third party to be engaged.
3.4Law Store Juridisch Adviesbureau is at all times authorized to request payment of an advance in connection with the work to be performed or to cover the costs in connection with third parties engaged by Law Store Juridisch Adviesbureau. In the absence of payment thereof, Law Store Juridisch Adviesbureau is entitled, after prior notification thereof, not to start, suspend or terminate its work. Law Store Juridisch Adviesbureau is authorized to start the activities first after the advance requested by Law Store Legal Consultancy has been paid by the client. The advance amount will be settled with the next invoice or with the final invoice.
3.5Work performed outside working days (Monday through Friday from 9 am - 6 pm) at the request of the client will be regarded as overtime. In case of overtime before or after the regular working hours, the applicable rate can be increased by a surcharge of 25%. In case of overtime on weekends and public holidays, the applicable rate can be increased by a surcharge of 50%.
3.6Law Store Juridisch Adviesbureau is entitled to increase the agreed rate if it appears during the execution of the work that the originally expected amount of work was insufficiently assessed at the conclusion of the agreement, which can not reasonably be expected from Law Store Legal Consultancy to perform the agreed work at the originally agreed rate.
4 Payment and consequences of non-payment or late payment
4.1The payment term for invoices is 14 days after the invoice date. Payment must be made in the manner as stated on the invoice. Costs of recovery measures are borne by the client. Law Store Juridisch Adviesbureau is never liable for the consequences of the client not timely paying an invoice regardless of whether it relates to the costs of third parties or fees.
4.2.
In the event of liquidation, bankruptcy, suspension of payments, debt rescheduling, or seizure under the client, all claims of Law Store Legal Consultancy on client will become immediately due and payable.
4.3
Law Store Juridisch Adviesbureau is entitled to suspend the work until complete payment has been made, with the exclusion of any liability for damage that may arise as a result. The client can not rely on any set-off or suspension.
4.4If the payment term is exceeded, the client is legally in default and then owes a contractual default interest of 1% per month on the outstanding amount, whereby part of a month is counted as a full month.
4.5After exceeding the payment term, Law Store Legal Consultancy will send the client a written notice in which the client is once again given the opportunity to pay the invoice within 14 days. If payment after expiration of the aforementioned term is not forthcoming, Law Store Legal Consultancy is entitled to charge the client extrajudicial collection costs amounting to 15% of the principal sum with a minimum of € 40.00.
5 Returning documents
5.1At the end of the assignment, the documents of the client will be returned if desired, but not before all invoices have been paid.
6 Liability
6.1Law Store Juridisch Adviesbureau is not liable for shortcomings of third parties for which no fee has been agreed, damage due to suspension of its activities, consequential damage and damage due to a third party's failure.
6.2
All claims of clients and third parties lapse if they are not submitted in writing and motivated to Law Store Legal Consultancy within three months after the client or the third party was known, or could reasonably have been aware, with the facts on which he based his claim.
19. The client is obliged to indemnify Law Store Juridisch Adviesbureau for all third-party claims, and to compensate Legal Store Juridisch Adviesbureau for the reasonable costs of defense against such claims.
20. If Law Store Juridisch Adviesbureau can not fulfill its obligations towards the client due to a non-attributable shortcoming (force majeure), those obligations shall be suspended for the duration of the force majeure situation. If the force majeure situation has reached the duration of three months, both parties have the right to dissolve the agreement in writing in whole or in part. Force majeure of Law Store Legal Consultancy is understood to mean any of the will of Law Store Legal Consultancy independent circumstance which prevents or delays the (partial) fulfillment of its obligations towards the client, as a result of which the fulfillment of these obligations can not reasonably be obtained from Law Store Legal Consultancy are required. Force majeure must in any case include any hindrance or delay caused by third parties engaged by or on behalf of Law Store Legal Consultancy in the performance of its activities, (serious) illness at the executive lawyer of Law Store Legal Advisory and serious illness or death of a relative of the executive lawyer of Law Store Juridisch Adviesbureau.
7 Applicable law
7.1Disputes arising from the assignment are governed by Dutch law.
7.2The District Court of The Hague has exclusive jurisdiction to hear disputes arising from the assignment, unless imperative law provisions prescribe another judge.