DISCLAIMER AND GENERAL CONDITIONS OF JENS

DISCLAIMER:

The text of this website is of a general and informative nature. Depending on the factual circumstances of a specific case, such information may not, or not fully, apply to certain cases. The information on this website was never intended as legal advice whatsoever, nor must it be considered as such. JENS advocaten does not does not accept liability for the consequences of any use made of such information.

GENERAL CONDITIONS:

  1. JENS advocaten (“JENS”) is a partnership of private limited liability companies (the “Partners”). A list of Partners is available on request.
  2. Only JENS is to be regarded as the contractor in relation to the client. A commission to JENS has the effect that the client is only entitled to claim damages resulting from the implementation thereof against her. The client explicitly waives all rights to held liable persons who actually perform a commission personally (whether or not by invoking the Articles 6:162, 7:404 and/or 7:407 paragraph 2 of the Dutch Civil Code) on any ground as well as all rights to take any legal action against these persons. The foregoing does not preclude such persons, and their legal successors by universal title, from appealing to these standard terms and conditions by way of a third party clause. Third parties cannot derive rights from the work performed and from the ensuing results and the client will defend and hold JENS harmless from any claim by third parties in relation therewith.
  3. JENS shall exercise due care when engaging the services of third parties not employed within its organisation and shall supervise the work and otherwise treat such third parties as agents of JENS.
  4. If during the performance of the service use is made of transmission through the internet and/or other electronic, telephone or other networks, public or accessible to third parties, then the confidentiality of such transmissions is not ensured and JENS is not liable for any damage which the client might incur as a result of third parties obtaining access to information intended for the client or as a result of unauthorised publication by third parties.
  5. The combined amount of any liability of JENS, the (former) Partners, the directors of the (former) Partners and all those who perform, or have performed work for them, whether or not under employment agreement, will be limited in total to the amount that is paid under the professional liability insurance concluded by JENS, increased by the amount of any deductible. Information on the insurance policy is available on request.
  6. If, for whatever reason, no insurance payment is made at all, the combined liability on the part of JENS and the aforementioned persons shall be limited to the amount of fees charged by the partnership in connection with the assignment concerned (for long term assignments limited to the fees over the 12 months period preceding the damage inflicting fact) and in any case subject to a maximum of Euro 100.000.
  7. Any claims of clients are barred if these claims have not been made by written notice to JENS within one year commencing from the day when the client was aware, or could reasonably have been aware, of the facts on which his claim is based.
  8. Unless specifically agreed otherwise, the fees to be charged by JENS to its clients are based upon hours worked multiplied by the hourly rates, to be determined once a year by JENS, and increased with 6% office costs.
  9. The period within which the client must pay the invoices from JENS is fourteen days from their date. At the expiry of this period the client who has not paid promptly shall be legally in default and shall be liable to pay interest at the commercial rate on the outstanding amount. If a lower amount follows from this, the interest rate applicable to non-commercial transactions shall be applied in respect of private persons who are not entrepreneurs. Any objections to invoices shall suspend only the obligation to pay the disputed part thereof if these objections have been notified in writing, stating reasons, within the said period of fourteen days.
  10. If payment has still not been made after the sending of a warning, the client shall also owe extra-judicial collection costs on the day following the final payment date named in the warning. The amount of these is set at 15% of the fee, subject to a minimum of € 250. If a lower amount follows from this, the ‘BIK scale’ published on www.rechtspraak.nl shall be applied in respect of private persons who are not entrepreneurs. Turnover tax and the statutory interest are also payable on extra-judicial collection costs.