- Kraaijeveld Coppus Legal B.V. hereinafter to be referred to as “KRAAIJEVELD COPPUS LEGAL B.V.”, is a limited liability company established under the laws of the Netherlands, with registered seat in Amsterdam, registered at the Trade Register with file number 34298595.
- These general terms and conditions govern the provision of services by KRAAIJEVELD COPPUS LEGAL B.V.. These general terms and conditions also relate to:
- all associates, employees and others who are in whatever way working for or in the employment of or related to KRAAIJEVELD COPPUS LEGAL B.V.;
- all shareholders, directors, legal representatives of KRAAIJEVELD COPPUS LEGAL B.V.;
- STICHTING DERDENGELDEN KRAAIJEVELD COPPUS LEGAL, with registered seat in Amsterdam, registered at the Trade Register with file number 59872470 including its statutory directors and employees;
- Under exclusion of the Articles 7:404, 7:407 sub 2 and 7:409 of the Dutch Civil Code, all work shall be exclusively accepted and performed by KRAAIJEVELD COPPUS LEGAL B.V..
- Any liability of KRAAIJEVELD COPPUS LEGAL B.V. shall be limited to the amount that is paid out in the particular case under the professional liability insurance policy it has entered into, plus the amount of the own risk deductible that is not payable by the insurer under the conditions of the policy. If for whatever reason no amount is paid out under the insurance policy, all liability is limited up to the amount that KRAAIJEVELD COPPUS LEGAL B.V. has billed in the particular case, with a maximum liability of € 30,000. Information concerning the professional liability insurance will be made available upon request. Any claim against KRAAIJEVELD COPPUS LEGAL B.V. and/or against the parties mentioned in article 2 of these general terms and conditions expires and is waived 12 months after the claimant-party is aware or should have been aware of the fact which caused the damage.
- In connection with its services, KRAAIJEVELD COPPUS LEGAL B.V. is authorised to use the services of third parties. KRAAIJEVELD COPPUS LEGAL B.V. is not liable for any shortcomings on the part of such third parties. The client herewith holds KRAAIJEVELD COPPUS LEGAL B.V. harmless against all claims of third parties.
- The performance of the services rendered is exclusively for the benefit of the client. Third parties have no rights or claims whatsoever related to such performance of services.
- The exclusions of liability described in these general terms and conditions also apply without exception to the improper functioning of equipment, software, databases, registers or other means used by KRAAIJEVELD COPPUS LEGAL B.V. in the performance of its services as well as to any interception of audio and/or data transmissions by telephone, telecopier or e-mail. All e-mail, data transmissions, audio transmissions, fax and telephone communications are unencoded unless the client explicitly requests such in writing.
- Payment must be made in the manner as stated in the invoice. If payment is not made, the client shall be in default by operation of law and shall owe overdue payment interest equal to the applicable statutory interest. The costs of collection measures, at a minimum 10% of the outstanding balance, shall be charged to the client.
- If the agreement is terminated the general terms covering the liability of of KRAAIJEVELD COPPUS LEGAL B.V. will survive and remain in full force between the client and KRAAIJEVELD COPPUS LEGAL B.V..
- Prior to or in order to continue its provision of services, KRAAIJEVELD COPPUS LEGAL B.V. shall at all times be entitled to demand from the client one or more advance payments, which may be set off. In the event of default of payment of same, KRAAIJEVELD COPPUS LEGAL B.V. shall be authorised after prior notification to not commence, to suspend, or to cease its work.
- KRAAIJEVELD COPPUS LEGAL B.V. is authorised to remove and destroy files and the documents contained therein from its archives without notice, in the event 10 years or more have passed after the relevant case, handled by the firm and/or by the parties mentioned in article 2 of these general terms and conditions, has been closed.
- The client is obligated to provide all the data and information requested by KRAAIJEVELD COPPUS LEGAL B.V., as well as the data and information that the client can reasonably know that KRAAIJEVELD COPPUS LEGAL B.V. needs for the correct performance of the services under this agreement.
- The client guarantees the accuracy, completeness, reliability and legitimacy of the data and information provided to KRAAIJEVELD COPPUS LEGAL B.V. by the client or on the client’s behalf, also if this data and information have been provided through a third party or originate from a third party, unless the nature of this agreement provides otherwise.
- The client is obliged to immediately inform KRAAIJEVELD COPPUS LEGAL B.V. with respect to facts or circumstances that could be important in connection with the performance of this agreement.
- KRAAIJEVELD COPPUS LEGAL B.V. has the right to suspend the performance of the agreement until the time that the client has fulfilled the obligations referred to in the clauses 12, 13 and 14.
- Extra costs, extra hours, and other damages that arise for KRAAIJEVELD COPPUS LEGAL B.V. because the client has not fulfilled the obligations referred to in the clauses 12, 13 and 14, are for the expense and risk of the client.
- In providing KRAAIJEVELD COPPUS LEGAL B.V. with personal data, the client shall abide by the General Data Protection Regulation (Algemene Verordening Gegevensbescherming) and other applicable regulations and legislation concerning the protection of personal data.
- In performing the assignment, KRAAIJEVELD COPPUS LEGAL B.V. shall abide by the General Data Protection Regulation and other applicable regulations and legislation concerning the protection of personal data in accordance with its privacy statement as accessible on KRAAIJEVELD COPPUS LEGAL B.V.’s website as may be amended from time to time.
- If necessary, the client and KRAAIJEVELD COPPUS LEGAL B.V. shall conclude a processing agreement.
- KRAAIJEVELD COPPUS LEGAL B.V. shall take suitable technical and organisational measures to secure the personal data against destruction, loss and unauthorised access.
- The client agrees to the fact that, in order to provide and optimise the service, KRAAIJEVELD COPPUS LEGAL B.V. will work with third parties such as ICT service providers and suppliers of administration tools, and will share personal data with third parties in this context.
- KRAAIJEVELD COPPUS LEGAL B.V. shall protect the confidentiality of the information of the client which has become available to KRAAIJEVELD COPPUS LEGAL B.V. in the course of its performance of services, except with the prior written consent of the client or as provided in clause 23 below.
- Notwithstanding the clause 22 above, KRAAIJEVELD COPPUS LEGAL B.V. may disclose and report or use confidential information without the client’s prior written consent to the extent that such information: (i) is already publicly available or becomes publicly available, other than through the wrongful act or omission of KRAAIJEVELD COPPUS LEGAL B.V. or (ii) is required to be disclosed or reported under applicable laws or by any order, decree, regulation or rule of any court or state, EU or international body.
- KRAAIJEVELD COPPUS LEGAL B.V. is authorized to use the services of third parties and will share information with these parties insofar it is necessary for the performance of their duties. KRAAIJEVELD COPPUS LEGAL B.V. will extend its own confidentiality obligation based on this article to said third party.
- If KRAAIJEVELD COPPUS LEGAL B.V. is obliged to disclose or report confidential information to a court or state, EU or international body, KRAAIJEVELD COPPUS LEGAL B.V. shall promptly so inform the client, unless such disclosure to the client is prohibited or restricted by applicable legislation or the court or state, EU or international body.
- The provision of services by KRAAIJEVELD COPPUS LEGAL B.V. shall be exclusively governed by Dutch law. Disputes shall be exclusively resolved by the competent Dutch court.
- These general terms and conditions have been drafted in the Dutch and English languages and have been deposited with the Trade Register of the Chamber of Commerce in Amsterdam under number 34298595. The Dutch text of the terms and conditions shall prevail over the English text. These general terms and conditions are also available for inspection at the reception desk of the offices of KRAAIJEVELD COPPUS LEGAL B.V. in Amsterdam at Zuidplein 88.