General terms and conditions

Article 1 De De Pont | Reijrink Advocaten

1. De Pont | Reijrink Advocaten is a partnership between (1) the public partnership De Pont | Reijrink (Chamber of Commerce 55908713) and (2) Paul van der Loo Advocatuur (Chamber of Commerce 66717272) and (3) Hans Tigchelaar Advocatuur (Chamber of Commerce 76813215), whose object is the practice of law. De Pont | Reijrink Advocaten has its registered office in Tilburg.

Article 2 The applicability of the general terms and conditions

1. These general terms and conditions apply to all agreements concluded between the client and De Pont | Reijrink Advocaten and also apply to any additional and/or follow-up assignments arising from the assignment. General terms and conditions of our client are explicitly not accepted.
2. These general terms and conditions are not only stipulated for the benefit of De Pont | Reijrink Advocaten, but also for all natural persons and legal entities that are directly or indirectly involved in the services to be provided by De Pont | Reijrink Advocaten in any way whatsoever. This expressly includes companions, partners, employees and employees who no longer work for De Pont | Reijrink Advocaten, as well as their heirs.

Article 3 The assignment

1. Assignments will be deemed to have been given to De Pont | Reijrink Advocaten and will only be deemed to have been accepted by De Pont | Reijrink Advocaten, even if it is the express or tacit intention of the client to have the assignment performed by one or more specific persons. De Pont | Reijrink Advocaten will determine which person(s) will perform the assignment. The effect of article 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code is explicitly excluded.
2. Before De Pont | Reijrink Advocaten engages one or more persons who are not, directly or indirectly, affiliated with De Pont | Reijrink Advocaten, De Pont | Reijrink Advocaten will consult with the client on the matter. In the event that this consultation results in persons not affiliated with De Pont | Reijrink Advocaten being involved in the assignment, any liability for errors made by such persons not affiliated with De Pont | Reijrink Advocaten will be entirely excluded.
3. In the event of a difference of opinion regarding the manner in which the assignment is performed, De Pont | Reijrink Advocaten will be entitled to terminate the assignment with immediate effect, whereby the client will be obliged to pay the hours and costs incurred up to that time, including out-of-pocket expenses, immediately and without any suspension or set-off. De Pont | Reijrink Advocaten will then cooperate in transferring the assignment to another attorney at law.
4. The above also applies in the event that the client terminates the assignment.
5. In the event of an assignment given jointly, the clients will be jointly and severally liable for the performance of the obligations on the client's side, including payment of invoice amounts, and any costs and interests due.

Article 4 The performance

1. The agreement concluded between the client and De Pont | Reijrink Advocaten will be performed exclusively for the benefit of the client. Third parties cannot derive any rights from the work of De Pont | Reijrink Advocaten. The client must indemnify De Pont | Reijrink Advocaten against any claims of third parties who claim to have suffered damage, either directly or indirectly, as a result of the work performed by De Pont | Reijrink Advocaten for the benefit of the client.
2. In performing the assignment, De Pont | Reijrink Advocaten will comply with the relevant regulations.
3. De Pont | Reijrink Advocaten will make every effort, to the standard of a reasonable and competent attorney at law, to achieve the result intended by the client. However, it is expressly not guaranteed that this intended result will also be achieved.
4. Communication in the context of the performance of the agreement between De Pont | Reijrink Advocaten and the client, including the sending of messages, documents, as well as invoices, reminders and/or warnings, will take place by means of electronic mail, including e-mail, unless the parties explicitly agree otherwise. Data extracts from the computer systems of De Pont | Reijrink Advocaten will constitute compelling evidence of (the content of) the electronic communication sent and received by it, until such time as evidence of the contrary has been provided.

Article 5 Fees and disbursements

1. De Pont | Reijrink Advocaten will perform work for the client for which De Pont | Reijrink Advocaten charges a fee. This fee is increased by 21% VAT and an office surcharge of 5%. In addition, any out-of-pocket expenses, including court registry fees, bailiff fees, salary, and travel and accommodation expenses of third parties, will also be reimbursed.
2. Unless otherwise agreed in writing, a fee will be calculated in accordance with the hourly rate stated in the confirmation of the assignment. In the event of a difference of opinion about the amount of the hourly rate, De Pont | Reijrink Advocaten will take a binding decision.
3. De Pont | Reijrink Advocaten is entitled to adjust the agreed hourly rate on 1 January of each year, which adjustment may amount to at least 5%.
4. Fees and out-of-pocket expenses may and will be charged intermediately, preferably on a monthly basis. Advances paid by the client shall be settled with interim and final invoices.

Article 6 The payment

1. Declarations of De Pont | Reijrink Advocaten must be paid within fourteen days of the invoice date. The client explicitly is not entitled to set off or suspend payment.
2. De Pont | Reijrink Advocaten is entitled to set off its invoices against the monies received for the client, even if these are received by Stichting Beheer Derdengelden De Pont | Reijrink. The client explicitly authorizes De Pont | Reijrink Advocaten to do so.
3. In the event of late payment, De Pont | Reijrink Advocaten shall be entitled to suspend the performance of the assignment, without being liable for the consequences of the suspension.
4. In the event of late payment, the client will be in default by operation of law and will also owe the statutory (commercial) interest as from fourteen days after the invoice date.
5. If payment is still not made after a warning, De Pont | Reijrink Advocaten will also be entitled to charge collection costs, both judicially and extrajudicially, which will amount to at least 10% of the principal sum owed. Furthermore, the client will be obliged to reimburse the actual attorney at law costs incurred in proceedings if these exceed the legal costs to be awarded.

Article 7 Limitation of liability

1. If, during the performance of the assignment, an event occurs that involves the liability of De Pont | Reijrink Advocaten, such liability will be limited to the amount paid out by the professional liability insurance, increased by the applicable deductible of De Pont | Reijrink Advocaten.
2. In so far as De Pont | Reijrink Advocaten is liable for any event that, for whatever reason, is not covered by the professional liability insurance of De Pont | Reijrink Advocaten, the liability of De Pont | Reijrink Advocaten will be limited to an amount equal to the amount invoiced to the client and paid by the client up to the moment of the event, with a maximum of € 10,000 (ten thousand euros).
3. If a third party engaged by De Pont | Reijrink Advocaten limits its liability in any manner whatsoever, De Pont | Reijrink Advocaten will be authorised to accept this limitation of liability on behalf of the client without prior consultation of the client.
4. De Pont | Reijrink Advocaten will only be liable for failures on the part of auxiliary persons and/or third parties if and insofar as the ensuing damage can be recovered from the auxiliary person and/or the third party.
5. The client indemnifies De Pont | Reijrink Advocaten against all claims of third parties, including costs to be incurred by De Pont | Reijrink Advocaten in connection therewith, which are in any way connected with the work performed by De Pont | Reijrink Advocaten for the client, except in the event of intent or gross negligence on the part of De Pont | Reijrink Advocaten. De Pont | Reijrink Advocaten shall at all times be entitled, if and insofar as possible, to undo or limit any damage suffered on the part of the client for which De Pont | Reijrink Advocaten is demonstrably liable by remedying or improving defective performance.

Article 8 Reclamations and/or complaints

1. De Pont | Reijrink Advocaten applies an office complaints procedure as referred to in Article 6:28 of the Regulation on the Advocacy, which procedure applies to any agreement between De Pont | Reijrink Advocaten and the client.
2. A reclamation with respect to services rendered and/or work performed must be made in writing to De Pont | Reijrink Advocaten within 10 (ten) days of the performance delivered, or at the latest within 10 (ten) days of the discovery of a defect in the performance delivered if the client demonstrates that it could not reasonably have discovered such defect earlier, failing which the client may no longer invoke any defect in the performance delivered.
3. A reclamation in respect of an invoice issued by De Pont | Reijrink Advocaten to the client must be submitted in writing within 14 (fourteen) days of the invoice date.
4. A reclamation as referred to under paragraph 2 or paragraph 3 of this article does not suspend the client's payment obligation.
5. If the reclamation is not submitted on time, all rights to which the client is entitled in that respect shall lapse. Rights of action by virtue of justified reclamations and/or complaints will lapse no later than six (6) months after the performance delivered by De Pont | Reijrink Advocaten.

Article 9 Privacy

1. In the performance of the assignment by De Pont | Reijrink Advocaten it may be necessary for it to process personal data of the client. By assinging De Pont | Reijrink Advocaten, the client authorises De Pont | Reijrink Advocaten to process personal data and to provide such data to third parties if this is necessary in the context of the performance of the assignment or work, as well as for such purposes as are reasonably connected therewith or those purposes as may be determined by further mutual agreement.
2. De Pont | Reijrink Advocaten will take appropriate technical and organisational measures to protect the client's personal data against loss or unlawful processing. When engaging or cooperating with third parties, De Pont | Reijrink Advocaten will ensure that the third parties engaged comply with the relevant obligations.
3. As processor (within the meaning of article 4 paragraph 8 of the General Data Protection Regulation), De Pont | Reijrink Advocaten will enable the client to comply with its obligation to report data leaks. De Pont | Reijrink Advocaten will inform the client within a reasonable period of time following the discovery of a breach of the security of personal data, and the client will provide De Pont | Reijrink Advocaten with all cooperation in investigating and remedying the breach discovered and its consequences.

Article 10 Applicable law and relative competence

1. All agreements concluded between De Pont | Reijrink Advocaten and the client will be governed by Dutch law. In the event of a dispute between De Pont | Reijrink Advocaten and the client, only the court of Breda will be competent, or, at the discretion of De Pont | Reijrink Advocaten, the court that is competent in accordance with the applicable competency rules.
2. These general terms and conditions have been drawn up in Dutch and English. In the event of any discrepancy or inconsistency between the English and the Dutch text of provisions of the general terms and conditions or the interpretation thereof, the Dutch text will be binding at all times.