General Terms and Conditions – January 2023
1. Hoek Legal B.V. (“Hoek.legal”) is a limited liability company (besloten vennootschap met beperkte aansprakelijkheid) established under Dutch law for the purpose of exercising the legal profession and registered in the Dutch Chamber of Commerce (Kamer van Koophandel) under number 88020185.
2. These General Terms and Conditions apply to any and all instructions given to Hoek.legal and to all legal relationships in connection therewith. The applicability of the client’s terms and conditions is explicitly rejected.
3. All instructions will be deemed to have been given to, accepted by and carried out by Hoek.legal exclusively, even if the intention is for instructions to be executed by one or more specific persons affiliated with Hoek.legal. The effect of Articles 7:404, 7:407(2) and 7:409 of the Dutch Civil Code is excluded. In these General Terms and Conditions, “persons affiliated with Hoek.legal” means any legal or natural person that is or has been employed or engaged by or on behalf of Hoek.legal or one of its group companies.
4. These General Terms and Conditions apply in full to all persons affiliated with Hoek.legal and all third parties engaged by Hoek.legal for the execution of any instructions, or that can or could be held liable in relation thereto. All that is stipulated in these General Terms and Conditions for the benefit of Hoek.legal applies to them as an irrevocable and gratuitously made third-party clause within the meaning of Article 6:253 of the Dutch Civil Code.
5. The client indemnifies Hoek.legal and all persons affiliated with Hoek.legal for the consequences of claims by third parties arising from or relating to the execution of instructions, including any costs of legal support, unless the claim is a result of a professional error on the part of Hoek.legal.
6. Hoek.legal may engage third parties in connection with the execution of instructions. Hoek.legal is not liable towards the client for any mistakes made by third parties engaged by Hoek.legal. Hoek.legal may accept stipulations restricting liability used by such third parties on behalf of the client as well.
7. In the context of executing instructions, Hoek.legal may hold client or third-party funds in custody at a bank. Hoek.legal cannot be held liable if this bank does not meet its obligations. The client indemnifies Hoek.legal and the persons affiliated thereto against all claims arising from or related to the possible insolvency of this bank or its failure to meet its obligations.
8. The applicable VAT and other compulsory taxes, surcharges and similar increases will be added to all amounts charged by Hoek.legal. Invoices must be paid within 14 days of the invoice date. If payment is not made within this time, the client is in default by operation of law and Hoek.legal may, without further notice, exercise its right to charge the client statutory interest. Hoek.legal may at all times request an immediately payable offsetable advance for work carried out or to be carried out and suspend or end its services if the client does not pay an advance or invoice on time. The client waives any right to funded legal aid.
9. Any liability arising from or related to the execution of instructions is limited to the amount paid out in that matter under the liability insurance taken out by Hoek.legal, plus the applicable deductible. Any claim for damages will expire one year after the date on which the client is informed of possible loss or damage and will in any event lapse three years after the date on which the event giving rise to the claim took place.
10. Hoek.legal is entitled to mention its involvement in the client’s matter, for example in our marketing materials, experience statements or similar communications.
11. Hoek.legal’s services are governed by its complaints procedure (kantoorklachtenregeling), which can be viewed at www.hoek.legal and will be provided on request.
12. The legal relationship between Hoek.legal and a client and any claims for liability are governed Dutch law. Unless provided otherwise in clause 11, all disputes will be submitted exclusively to the competent court in Amsterdam.
13. These General Terms and Conditions are available in Dutch and English and can be viewed at www.hoek.legal. In the event of a dispute on their contents or intention, only the Dutch version is binding.
