Hupkes cs advocaten is a trade name of collaborating independent lawyers who are registered with the Chamber of Commerce in Amsterdam with their own sole proprietorship or partnership.
These general terms and conditions have been stipulated in favor of independent lawyers, in favor of lawyers, employees and secretaries who are employed by them, in favor of third parties engaged by them, and finally in favor of the practice foundation and its employees, hereinafter all referred to as “the office”.
The assignment agreement is concluded with the lawyer if he is an independent entrepreneur and is registered as such with the Chamber of Commerce at the time the assignment is granted. If the lawyer is employed by an independent lawyer who works at the office, the agreement is concluded with the latter.
The effect of Articles 7:404 of the Dutch Civil Code and 7:407 paragraph 2 of the Dutch Civil Code is expressly excluded.
The costs associated with the execution of the assignment include the fee, disbursements (such as court fees and bailiff costs), the costs of third parties engaged and turnover tax.
The client indemnifies the office against claims from third parties that are in any way related to the work performed for the client.
Execution of the assignment for a fixed price (fixed fee) must be apparent from a written confirmation of the assignment, failing which an hourly rate in accordance with Articles 8, 9 and 10 applies.
Unless expressly agreed otherwise between the parties or if it otherwise arises from the nature of the assignment, the fee will be determined on the basis of the time spent and the hourly rate, and will be invoiced periodically.
Unless a different hourly rate has been agreed in writing in the order confirmation, the hourly rate is €220 excl. VAT.
This hourly rate also applies if an addition has been issued and the Legal Aid Board withdraws it after completion of the work on the basis of the result achieved in accordance with the criteria applied by the aforementioned Board. The current criteria, capital limits and exemptions are published on Rechtsbijstand.nl .
The payment term for invoices is 14 days.
The lawyer is entitled to suspend the commencement or continuation of the work if an invoice is not paid or not paid in full for longer than 14 days.
The liability for damage resulting from an unexpected shortcoming in connection with the execution of the assignment is always limited and limited to the amount to which the liability insurance is entitled, increased by the amount of the deductible of the policy.
If the liability insurance does not cover or does not compensate the alleged damage for whatever reason, the lawyer’s liability is limited to the amount of fees or the personal contribution as charged and actually paid.
Liability for shortcomings of engaged third parties is expressly excluded.
Files are kept for a maximum of five years after the legal assistance has been concluded and may be destroyed afterwards.
The office has an internal complaints procedure, which applies to all assignments. The complaints procedure and the name of the complaints officer can be requested from the office.
Dutch law applies to the legal relationship.
Disputes are submitted to the court in Amsterdam. If the lawyer acts as plaintiff, he is entitled to bring the case before the court of the defendant’s domicile.
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