JahaeRaymakers is a partnership of private limited liability companies whose object is to practice law. The partnership has its registered office in Amsterdam.
These General Conditions apply to all engagements performed or to be performed by JahaeRaymakers, including subsequent engagements and all other activities.
All engagements are accepted and carried out exclusively by the partnership. This also applies if it is the explicit or implied intention that the engagement will be carried out by a specific person. The applicability of Sections 7:404 and 7:407(2) of the Dutch Civil Code is expressly excluded.
Any and all liability of the partnership is at all times limited to the coverage of the professional liability insurance taken out by the partnership. JahaeRaymakers exclusively advises on Dutch law.
If no payment is made under the aforementioned insurance policies, regardless of the reason, any and all liability of the partnership is limited to three times the fee paid by the client to the partnership in the case in question during the calendar year in question, up to a maximum of €30,000.
The partnership has the right to engage third parties on behalf of the client in the performance of the engagement. Where possible this will be done in consultation with the client and with due care. The partnership is authorized to accept limitations of liability of such third parties on behalf of or at the expense of the client. The costs involved in the engagement of third parties will be charged to the client.
If the partnership engages third parties in the performance of the engagement, the partnership is not liable towards the client for any mistakes made by those third parties.
The invoices to be sent by the partnership must be paid within 14 days of the invoice date, failing which the client will be in default, in which case it must reimburse to the partnership all judicial and extrajudicial collection charges, including but not limited to the full legal fees incurred to this end, as well as the statutory interest.
The partnership may at any time request advance payment for work to be carried out.
The partnership may suspend its work if no advance payment has been made. All the judicial and extrajudicial costs of collection of invoices will be payable by the client.
The partnership may agree with a client who qualifies for pro bono legal aid that payment will nevertheless be made for the services. In that case the client states by paying either an advance or the invoice that he agrees to pay for the services provided and will not use the pro bono legal aid.
An engagement will be performed exclusively for the benefit of the client. Third parties cannot base any rights on the performance of an engagement.
The client grants permission to process any and all data provided within the partnership and to disclose those data to any third parties engaged.
Unless otherwise agreed in writing, the client gives permission for the use of all customary means of communication, particularly including Internet and e-mail applications. The use of such applications is entirely at the client’s risk, except in the event of intent of gross negligence.
Notwithstanding the provisions in Section 6:89 of the Dutch Civil Code, the entitlement to damages in any event expires one year after the event that directly or indirectly gave rise to the loss and for which the partnership is liable.
The retention period of files (procedural documents other than duplicate documents in criminal cases, relevant correspondence and agreements) is five years, starting from the date on which the letter that the case is closed is sent to the client or from the date on which a judgment to which the services related becomes final. After that period the files will be deleted. The retention period can only be changed by written agreement. If no such agreement is made, the company is released from its retention obligation after a period of five years.
These General Conditions are stipulated also for the benefit of all persons that are or have been affiliated with the partnership. The same applies to the partners and, insofar as they are legal entities, the shareholders and board members of those legal entities. These disclaimers and conditions also apply to them. The client may in no event hold them liable, except in the event of intent of gross negligence. In such cases the conditions of paragraph 15 apply directly for the benefit of those persons.
All our services are subject to an internal complaints procedure. You can obtain a copy of that procedure via firstname.lastname@example.org or via one of the lawyers.
Any disputes that cannot be submitted to the “Geschillencommissie Advocatuur” will and can only be presented to the authorized judge of the Amsterdam District Court.
The relationship between the client and the partnership is governed by Dutch law. The competent courts of Amsterdam have exclusive jurisdiction to hear and decide on any and all disputes between the partnership and the client.
These General Conditions have been drawn up in Dutch and in English. The Dutch text is binding and will prevail in the case of discrepancies.
Amsterdam March 2018