TERMS OF SERVICE
General Terms & Conditions of Holla Advocaten, with its registered office in 's-Hertogenbosch, also maintaining offices in Eindhoven and Tilburg.
Article 1
Holla Advocaten, hereinafter referred to as the Company, is a public limited liability company incorporated under Dutch law, the objects of which include the provision of attorney services. The Company has its registered office in 's-Hertogenbosch and maintains offices in Eindhoven and Tilburg.
Article 2
All instructions are deemed to be given by, and exclusively accepted by, or on behalf of the Company, also if it is the explicit or implied intention of the client that the instruction will be performed by one or more specific persons. Applicability of the provisions of Articles 7:404 and 7:407 Paragraph 2 of the Dutch Civil Code is hereby explicitly excluded. Without prejudice to the provisions of the law, both the client and the Company can, through cancellation, terminate the instruction at any time, on condition that the reasonable notice period is observed in light of the circumstances.
Article 3
In case any act or omission on the part of the Company in the performance of an instruction leads to liability, such liability shall be limited to the amount paid out in the matter in question by the Company's professional liability insurance, increased by the applicable excess. The Company accepts no liability for any losses if the client at the time of the act or omission in question has failed to fulfil all his obligations towards the Company.
Article 4
The Company carries out instructions exclusively on behalf of the client. Third parties can derive no rights from an instruction, from the contents of work performed or the manner in which the instruction has or has not been performed. The client is explicitely not permitted to transfer the rights ensuing from an instruction to a third party under any title whatsoever, except with the explicit prior written permission of the Company.
Article 5
Each instruction given to the Company entails the authority to engage the services of auxiliary parties and to accept any limitations of liability of such parties, also on behalf of the client. The Company accepts no liability for the choice of, and possible shortcomings by, these auxiliary parties, barring intent or gross neglect on the part of the Company.
Article 6
Invoices of the Company shall be paid within 14 days of the invoice date, without any claim to suspension or settlement on the part of the client. In the event of late payment, the client shall owe the invoice amount increased by a surcharge of 15% to cover internal administration and collection costs.
Article 7
Unless explicitly agreed otherwise in writing, the agreed fees apply for the term of the calender year in which they have been agreed and may be subject to annual adjustment.
Article 8
Agreements concluded between the Company and the client, as well as any further agreements ensuing therefrom, are governed exclusively by Dutch law. Without prejudice to any agreed clause providing for arbitration or an binding advice, al disputes ensuing from this agreement shall exclusively be brought before a Dutch court.
Article 9
These general terms and conditions have been drawn up in Dutch and English; the Dutch text shall prevail in the event of a dispute regarding content of meaning.
Article 10
The general terms and conditions apply in full not only with respect to the Company, but also with respect to the board members of the Company, as well as to employees and auxiliary parties of the Company.
Holla Advocaten is the trade name of Holla Poelman Van Leeuwen Advocaten, with its registered office in 's-Hertogenbosch (Trade register no. 17214709).
