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.
- JENS advocaten (“JENS”) is a partnership of private limited liability companies (the “Partners”). A list of Partners is available on request.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
JENS Advocaten, hereafter JENS, considers the privacy of all its affiliates and of all those who visit our website very important. It goes without saying that JENS will treat the personal data obtained with the utmost care. A description of what we mean by this is given below.
If anyone provides JENS with personal information, you expressly consent to the processing of your personal information in accordance with this Privacy Statement.
Use of your data
In any event, as a JENS affiliate or as an interested party in our services, we ask for your full name, address, email address and telephone number. We need this information in order to provide you with information about our services. We also need further information to deal with cases, depending on the particular case. Also for these data, we will only use them for the purpose for which they have been provided.
Storage of your data
When you send us e-mail or other data, these are included in our data system or our paper files. After the files have been closed, they will be kept in accordance with the legal obligation to retain them and the guidelines of the Bar Association.
The reason for using your data
JENS processes your personal data for the following purposes:
- for the execution of our services;
- to provide you with information about changes in legislation and our services;
- application procedures;
- for sending our newsletters or invitations to events;
Right of access and rectification
Everyone has the right to ask JENS which personal data of you are stored in our databases. If this information is incorrect, you have the right to have adjustments made to it. In principle, you are also entitled to have your data deleted.
JENS will not share your information with others unless you have given your express consent, or if this is necessary for the performance of our agreement with you or in order to comply with a legal obligation. When we involve organizations that process your data on our behalf, JENS will ensure that a processing agreement is entered into which guarantees the same level of security and confidentiality of your data.
It is very important that your data at JENS are secure. JENS will take appropriate organizational and technical measures to protect against loss of data and to prevent unauthorized disclosure or access to your personal information. JENS also has an internal protocol to prevent data leaks.
Our website and links to other websites
You can change whether or not to allow cookies at any time in the settings of your browser. In the event that our website contains references to other websites (such as by means of hyperlinks), JENS shall not be responsible or liable for the processing of personal data by those websites. This privacy statement does not apply to the use of those third party websites.
The social media buttons on this website are included in order to share pages via social media networks such as Twitter and LinkedIn. If you click on these buttons, your personal data will be processed by the social media network in question. Please read the privacy statements of these social media networks to see how these networks interact with your personal information.
Amendment to the privacy statement
JENS reserves the right to make changes to this statement. We therefore encourage you to review this Statement periodically. In this way, you will be informed of any changes.