General
- Feyr Law B.V. (‘Feyr Law’) is a private limited liability company with its registered office in Vught, the Netherlands, and registered with the Chamber of Commerce under number 97705845.
- These general terms and conditions apply to all assignments given to Feyr Law by the client, including follow-up assignments and new assignments. They also apply to all actions of Feyr Law with, for or towards the client, including non-contractual obligations.
- The general terms and conditions are available in Dutch and English. Both versions have the same legal force. In the event of any differences in interpretation between the Dutch and English versions, the Dutch version shall prevail.
- If any provision of these general terms and conditions is declared invalid or unenforceable by a competent court, the relevant provision will be disregarded. The remainder of the general terms and conditions will remain in full force and effect.
- Feyr Law reserves the right to unilaterally update and/or amend these general terms and conditions. The Client will be notified of any material changes to the general terms and conditions. If the Client continues to use the services of Feyr Law after the general terms and conditions have been amended, this implies acceptance of the amended terms and conditions.
Conclusion, execution and termination of the agreement
- An agreement between the client and Feyr Law is only concluded after it has been accepted by Feyr Law. All assignments are accepted exclusively by Feyr Law, with the exclusion of Articles 7:404 and 7:407(2) of the Dutch Civil Code. This also applies if it is the explicit or implicit intention that an assignment be carried out by a specific person.
- Without prejudice to the foregoing, all provisions contained in these general terms and conditions are also irrevocably stipulated for the benefit of all legal entities and natural persons affiliated with Feyr Law and third parties engaged by Feyr Law, including temporary employees and/or other auxiliary persons.
- Where an assignment is given by more than one client, all clients are jointly and severally liable to Feyr Law for the obligations arising from the assignment, including, but not limited to, payment obligations.
- Feyr Law is authorised to engage third parties in the performance of an assignment entrusted to it, for example for specialist work. Feyr Law will exercise due care in selecting third parties. The client authorises Feyr Law to accept any limitations of liability on behalf of the client. Feyr Law is not liable for any damage resulting from any act or omission, error or shortcoming on the part of these third parties.
- All assignments will be carried out exclusively as an obligation to perform to the best of our ability and exclusively for the benefit of the client. Unless expressly agreed otherwise, deadlines are indicative and not binding. Third parties cannot derive any rights from the performance of these assignments and may not rely on the results thereof, unless Feyr Law has expressly given its written consent.
- These general terms and conditions also apply to the legal relationship with third parties who rely on the result of an assignment carried out by Feyr Law, whether or not in accordance with the foregoing.
- The client may terminate an agreement for services at any time by giving written notice to Feyr Law. Feyr Law may terminate an agreement for services in writing, subject to a notice period of 14 days to the client. Upon termination of the agreement, the client shall owe Feyr Law compensation for i) the fees in connection with the work performed by Feyr Law up to the time of termination; ii) disbursements paid by Feyr Law; iii) costs incurred for the transfer of the file to the client or a third party.
Provision of information
- The client will provide Feyr Law with all information necessary for Feyr Law to comply with any obligations to establish the identity of the client and persons associated with the client, including obligations under the Money Laundering and Terrorist Financing (Prevention) Act (Wet ter voorkoming van witwassen en financieren van terrorisme, “Wwft”).
- The client shall also provide Feyr Law with all information necessary for the execution of the assignment in a timely manner. The client is responsible for providing complete and accurate information.
Intellectual property
- All current and future intellectual or industrial property rights (including but not limited to copyrights, patent rights, trademark rights and design rights) arising from the performance of the assignment are vested exclusively in Feyr Law or belong solely to Feyr Law.
- The client is not permitted to remove and/or change any indications of intellectual or industrial property. This also applies to indications regarding confidentiality and secrecy.
- The client is not permitted to reproduce, publish or exploit products of Feyr Law, whether or not with the involvement of third parties, without the prior written consent of Feyr Law. Products include among others advice, (model) contracts, reports and working methods drawn up by Feyr Law, all in the broadest sense of the word.
Confidentiality and privacy
- The lawyers at Feyr Law are bound by professional secrecy. Feyr Law maintains confidentiality with regard to the assignment and everything related to the assignment, or anything it becomes aware of in connection with the assignment. Where Feyr Law engages third parties for the purpose of the assignment, it will take reasonable measures to ensure that these third parties also maintain confidentiality with regard to the assignment.
- Where Feyr Law is required by law or a binding court order or ruling by a government authority to disclose information relating to the assignment, it may be required, or may decide, to make an exception to the aforementioned confidentiality.
- Feyr Law handles personal data in a responsible manner. For more information about the processing of personal data, please refer to Feyr Law’s privacy statement.
Liability and indemnification
- Feyr Law’s liability is limited to compensation for direct damage, subject to the provisions of these general terms and conditions. Feyr Law is never liable for indirect damage and/or consequential damage, including any form of business damage.
- Any liability arising from, or related to the performance of an assignment accepted by Feyr Law is limited to the amount that can be claimed under the liability insurance policy or policies taken out by Feyr Law in the relevant case, plus the amount of the excess that is payable by Feyr Law under the terms and conditions of that insurance policy or policies. Information about the coverage of the professional liability insurance will be provided upon request.
- Unless damage has been caused by intent or deliberate recklessness on the part of Feyr Law, the client indemnifies Feyr Law, and all persons associated with it, against all claims from third parties that are in any way related to or arise from the assignment given to Feyr Law. This indemnification also extends to the costs of legal assistance.
- As soon as the client discovers or reasonably should have discovered a possible ground for liability on the part of Feyr Law, the client is obliged to notify Feyr Law in writing, without delay and in any case within three months, of the existence of this claim against Feyr Law, providing proper substantiation and supporting documents, on pain of forfeiture of rights. Any claim against Feyr Law shall lapse one year after the client has notified Feyr Law, or should have notified Feyr Law, unless that claim has been brought before the competent court. Feyr Law shall not be liable to the client as long as the client has not fulfilled its obligations towards Feyr Law.
Fees and invoicing
- Unless otherwise agreed in writing, the fee owed by the client to Feyr Law will be calculated based on the number of hours worked, multiplied by the applicable rates, which rates may be revised by Feyr Law from time to time. In addition to the fee, the client will owe any disbursements paid by Feyr Law. All amounts are exclusive of VAT, unless expressly stated otherwise.
- Feyr Law may request an advance payment from the client for the performance of the assignment. An advance payment will be deducted from the fee and/or the disbursements paid by Feyr Law.
- The fee and expenses incurred will, in principle, be invoiced to the client on a monthly basis. Payment must be made within 14 days of the date on which the invoice is sent. The client is not entitled to suspend or offset any payment or part thereof.
- Any objections to the invoice must be communicated by the client within 14 days of the date on which the invoice was sent. If the client fails to do so, the invoice will be deemed to have been accepted.
- In the event of late payment, the client shall be liable to pay the statutory commercial interest pursuant to Section 6:119a of the Dutch Civil Code without further notice of default. If payment is not made after a first reminder, the client shall also be liable to pay a surcharge of 15% on the principal amount. In addition, all costs incurred by Feyr Law to obtain payment of the amount due, including actual extrajudicial costs, the costs of legal assistance and internal costs such as hours spent by Feyr Law on the collection, shall be borne by the client.
- Feyr Law is entitled to suspend its work for the client if the client remains in default of full payment of the invoice despite having been given notice to pay.
Applicable law and jurisdiction
- The legal relationship between Feyr Law and the client and/or third party is exclusively governed by the laws of the Netherlands, with the exception of rules of private international law with regard to the applicable law.
- Complaints about the execution of the assignment will be handled in accordance with Feyr Law’s complaints procedure. This complaints procedure is available on request.
- All disputes between Feyr Law and the client and/or third parties are subject to the exclusive jurisdiction of, and will be settled exclusively by, the competent court in the district of Oost-Brabant, without prejudice to the right of appeal and cassation.