General terms and conditions of Holla Advocaten, with its registered business address in ’s-Hertogenbosch and offices in Eindhoven and Utrecht.
Holla N.V. (“Holla”) is a company limited by shares incorporated under Dutch law as a legal practice. The company has its registered office in ’s-Hertogenbosch and branch offices in Eindhoven and Utrecht.
All assignments shall be deemed to be given to and accepted by or on behalf of Holla exclusively, even if it is the client’s explicit or tacit intention to have an assignment carried out by one or more persons. The operation of the provisions of Articles 7:404 and 7:407, paragraph 2 of the Dutch Civil Code BW shall be explicitly excluded. Without prejudice to other statutory provisions, the client and Holla shall both be entitled to discontinue an assignment, provided this takes place with due observance of a period of notice considered to be reasonable under the prevailing circumstances.
The terms of agreements shall not only be stipulated on behalf of Holla, but also on behalf of Holla board members, employees and any auxiliary persons authorised by Holla as if they were stipulated by themselves.
If an event should occur while carrying out an assignment that leads to Holla being held liable, Holla’s liability shall be limited to the amount paid out in this respect under the terms of the professional liability insurance taken out by Holla, plus the applicable excess. Holla shall not, however, be liable to pay any damage if the client is in default in the fulfilment of any of his obligations towards Holla at the moment when an event of the type referred to above occurs.
If Holla is liable for property damage or personal injury, Holla’s liability shall be limited to the amount paid out in this respect under the terms of the general liability insurance (AVB) taken out by Holla, plus the applicable excess.
Holla shall not, however, be liable to pay any damage if the client is in default in the fulfilment of any of his obligations towards Holla at the moment when an event of the type referred to above occurs.
If and insofar as the aforementioned insurance policies do not entitle the receipt of any sum of money, Holla’s liability shall be limited to a maximum of € 30,000.
All claims for compensation shall expire one year after the start of the day following the day on which Holla is found liable for the damage suffered by the respective client and in any case 10 years after the event that precipitated said claim occurred.
Holla carries out assignments exclusively for the client. Third parties cannot derive any rights from an assignment, the products of work carried out or the method used to perform an assignment. Clients shall not be permitted to transfer their rights ensuing from an assignment under any title whatsoever to a third party without obtaining written permission from Holla in advance.
All assignments given to Holla entail authorisation to bring in auxiliary persons and co-acceptance on behalf of the client of any limitation of the liability of said auxiliary persons. Holla cannot be held liable for the choice or any shortcomings of auxiliary persons, unless damage suffered by the client as a result is due to Holla’s gross negligence or intention.
Holla’s invoices shall become due and payable fourteen days after they are sent. In this respect, the client shall not be entitled to defer or set off payment. In the event of late payment, the client shall owe the invoice amount increased by a surcharge of 15% to cover internal administrative expenses and collection costs.
Unless explicitly specified otherwise in written agreements, the rates given in contracts shall apply for the duration of the relevant calendar year and they can be updated on an annual basis.
Agreements concluded between Holla and the client, as well as any further agreements ensuing there from, are governed exclusively by Dutch law. Complaints about the services rendered by Holla will governed exclusively by Holla’s Complaints Code. This does not preclude the clients’ rights under paragraph 4 of the Solicitors Act (in Dutch: Advocatenwet) 2015.
These General Terms and Conditions have also been drafted in English. If there are any differences in the content, purport or interpretation, the original Dutch text shall prevail.
‘Holla Advocaten’ and/or ‘Holla’ are trade names owned by Holla Poelman van Leeuwen Advocaten NV, with its registered office in ’s‑Hertogenbosch (Commercial Register no. 17214709).