General terms and conditions, office brochure & Complaints procedure

This text is a translation of the original Dutch version. In case of divergence from this text, the text of the Dutch version shall prevail.



General Terms and Conditions

 

1.1 Applicability

These General Terms and Conditions apply to all agreements between HA (or auxiliary persons engaged by it and employees working for it) as contractor and client (client).

2.1 Engagement Agreement

All orders are accepted exclusively by HA. Articles 7.404, 7.407(2) and 7.409 of the Dutch Civil Code are expressly excluded.

3.1 Liability

HA will always exercise due care when engaging third parties. Any liability of HA for shortcomings of these third parties is excluded. 3.2 Any liability of HA is limited to the amount paid out under its professional liability insurance policy in the relevant case, increased by the amount of the excess. 3.3. If HA has no claim under the professional liability insurance for the damage resulting from that liability, the liability of HA is limited to the amount invoiced by HA in the relevant case in the relevant calendar year and paid by the client, up to a maximum of €5,000.00. 3.4 Without prejudice to the provisions of Article 6.89 of the Dutch Civil Code, entitlement to compensation for damages will at any rate lapse 12 months after the event or omission from which the damage directly or indirectly results and for which HA is liable.

4.1 Invoice

Upon execution of the agreement, the client will be charged a fee plus out-of-pocket expenses, office expenses and turnover tax. 4.2 Fees will be charged once a month (interim), unless otherwise agreed. 4.3 Costs charged to HA by third parties (disbursements) will also be charged in the interim. 4.4 HA may require an advance payment from the client, which advance payment will serve as security for the costs and fees to be charged to the client. An advance payment will be set off against the final invoice for the assignment. No interest will be paid. 4.5 HA is permitted not to commence or continue the performance of the instruction until the payment of the (additional) advance is received.

5.1 Payment

Invoices must be paid within 14 days of the invoice date, unless otherwise agreed in writing. 5.2 A payment term of 8 days after the invoice date will apply to declarations of advances and disbursements. 5.3 If these term(s) is/are exceeded, the client will be in default by operation of law and will owe default interest at the applicable statutory rate. 5.4 In the event of collection measures being taken against the Principal, all costs, both judicial and extrajudicial, will be borne by the Principal in accordance with the graduated rates set out in the Collection Costs Decree (BIK), applicable as of 1 July 2012, with a minimum amount of € 40.00. 5.5 If the payment term is exceeded, HA is free to suspend the work agreed

5.5 If the payment term is exceeded, HA is free to suspend the agreed work for the client until the outstanding invoices and any additional interest/costs have been paid.

6.1 Disputes

The legal relationship between HA and the client is governed by Dutch law. HA has an office complaints procedure which is included on its website. If a complaint is not resolved through the complaints procedure, disputes will be exclusively decided by the Utrecht District Court, unless the subdistrict court has jurisdiction. These General Terms and Conditions have been filed with the Utrecht Chamber of Commerce under number 260.

 

 

 

 

Office Brochure/information service Hommersom Advocatuur

You have requested legal advice. Within the framework of the implementation of Directive 2006/123/EC, also known as the Services Directive, which was implemented in the Netherlands on December 28, 2009, the following applies.

Company details

The practice is conducted under the trade name Hommersom Advocatuur (HA). HA’s legal form is Eenmanszaak, registered with the Utrecht Chamber of Commerce under number 30268705 and its VAT identification is NL001955181B20. HA is located in (3521 GH) Utrecht at the Vondellaan 114-116, which address is also the visiting address. The email address of HA is frits@hommersomadvocatuur.nl. HA’s direct telephone number is 030 – 281 98 25.

About the lawyer

HA is operated on behalf and at the risk of Mr. mr. F.J. Hommersom, who is registered as a lawyer in the Netherlands with the Netherlands Bar Association, Neuhuyskade 94, 2596 XM The Hague, telephone 070 – 335 35 35 (info@advocatenorde.nl).

Mr. Hommersom is subject to the rules of conduct and regulations applicable to his profession, including the Lawyers Act. Further information on this subject can be found at www.advocatenorde.nl/wetenregelgeving/vademecum.asp.

General terms and conditions

The general terms and conditions that apply to a legal relationship with HA can be found in this document. The terms and conditions are also posted on the website www.HommersomAdvocatuur.nl. The most recent version of these general terms and conditions applies to all agreements concluded with HA, to the exclusion of any other terms and conditions. These terms and conditions state that the competent court in Utrecht has jurisdiction and Dutch law applies to the agreement. For the record, it is noted that additional General Terms and Conditions apply to the telephone service provided by HA, which will be sent with a request for information on the matter when appropriate.

Furthermore, the following applies: If you enter into an agreement with HA in your capacity as owner/major shareholder on behalf of an enterprise/company, you will be jointly and severally liable with the company for compliance with the agreement entered into with HA/payment of the costs of legal assistance provided by HA.

In the event of proceedings, HA will draw your attention to the litigation (costs) risk. If you are found to be in the wrong, the court may order you to pay the other party’s legal costs. If you are found to be in the right, any legal costs order to be paid to you will usually be lower than the actual costs of legal assistance.

The legal requirements oblige HA to adequately establish your identity and (possibly) that of your company. You are requested to provide HA with an original extract of your Chamber of Commerce registration and/or to enable HA to make a copy of your proof of identity when you visit.

 

Fees

The fee charged by HA in connection with its services is variable, depending on the nature and importance of the case. Services can be invoiced on an hourly basis whereby a basic hourly rate of € 195.00 (excluding VAT and 6% office expenses) is applied. Variable fee arrangements with, for example, result-dependent components are also possible. HA also provides legal advice by telephone within the framework of a so-called telephone legal subscription which can be taken out on an annual basis for the sum of €750.00 (excluding VAT).

Legal areas

HA primarily provides legal services in the areas of employment law, entrepreneurial practice in the general sense (collections, contracts, general terms and conditions, rental agreements) as well as disputes arising from the purchase and sale of pleasure boats and all watersports/recreation related matters including insurance issues. Furthermore, HA provides legal advice by telephone in the aforementioned areas of law within the framework of a legal telephone subscription.

Professional Liability Insurance

HA has taken out liability insurance with HDI Global SE, P.O. Box 925, 3000 AX Rotterdam, The Netherlands. Telephone +31 (0)10 – 4036100414 83 42. The insured amounts are € 500,000.00 per claim and € 1,000,000.00 per contract year. The geographical coverage is limited to services provided in the Netherlands.

Information/complaints

Information and any complaints about the services provided by HA can be obtained/submitted at the office address given in this brochure to Mr F.J. Hommersom. The office has an internal complaints procedure. Contact person for complaints is the person mentioned above. The contact person mentioned above will make every effort to respond as quickly as possible to any complaints and to find a satisfactory solution. HA is not a member of a specific complaints/conflicts scheme.

 

Cooperation/association

HA has no cooperation with specific notary or tax offices and does not engage in any side activities, which may in any way lead to conflicts of interest.

 

 

Complaints Procedure Hommersom Advocatuur

 

Article 1 definitions.

For the purposes of these office complaints rules, the following definitions shall apply:

– complaint: any written expression of dissatisfaction by or on behalf of the client vis-à-vis the lawyer or the persons working under his responsibility with respect to the conclusion and performance of a contract for services, the quality of the services or the amount of the bill, not being a complaint as referred to in paragraph 4 of the Advocatenwet (Lawyers’ Act);

– complainant: the client or his representative who makes a complaint;

– complaints officer: the lawyer charged with handling the complaint;

 

Article 2 scope of application.

  1. This office complaints regulation is applicable to every contract of engagement between Hommersom Advocatuur and the client.
  2. Mr. F.J. Hommersom shall ensure that complaints are handled in accordance with the office complaints regulation.

 

Article 3 Objectives.

The objectives of this office complaints procedure are:

  1. to lay down a procedure for dealing with clients’ complaints within a reasonable period of time in a
  2. to settle them in a constructive manner;
  3. to lay down a procedure for determining the causes of client complaints;
  4. maintain and improve existing relationships through proper complaint handling;
  5. training employees in client-oriented responses to complaints;
  6. improving the quality of service by means of complaint management and
  7. complaint analysis.

 

Article 4 information at the start of service provision

  1. This office complaints regulation is made public. Before entering into a contract for services, the lawyer shall inform the client that the office has an office complaints regulation and that it applies to the services provided.
  2. Hommersom Advocatuur has included in the office brochure the independent party or body to which a complaint that has not been resolved after treatment may be submitted for a binding decision and has made this known on the confirmation of the engagement.
  3. Complaints as referred to in Article 1 of these office complaints regulations that have not been resolved after treatment shall be submitted to the court.

Article 5 complaints procedure

  1. If a client approaches the office with a complaint, the complaint will be forwarded to Mr. F.J. Hommersom who will act as the complaint officer.
  2. The complaints officer shall inform the person complained about of the filing of the complaint and shall give the complainant and the person complained about the opportunity to explain the complaint.
  3. The person complained about shall attempt to reach a solution together with the client, whether or not after intervention by the complaints officer.
  4. The complaints officer will deal with the complaint within four weeks of receiving it, or will notify the complainant, giving reasons, if this term is not observed and stating the term within which a decision will be made on the complaint.
  5. The complaints officer shall inform the complainant and the person about whom the complaint has been made in writing of the decision on the merits of the complaint, whether or not accompanied by recommendations.
  6. If the complaint has been dealt with satisfactorily, the complainant, the complaints officer and the person about whom the complaint was made shall sign the opinion on the merits of the complaint.

Article 6 confidentiality and free complaint handling.

  1. The complaints officer and the person complained about shall observe secrecy during the handling of the complaint.
  2. The complainant is not liable to pay any compensation for the costs of handling the complaint.

 

Article 7 responsibilities.

  1. The complaints officer is responsible for the timely handling of the complaint.
  2. The person complained about shall keep the Complaints Officer informed about any contact and a possible solution.
  3. The complaint officer shall keep the complainant informed about the handling of the complaint.
  4. The complaints officer keeps the complaint file up to date.

 

Article 8 complaint registration.

  1. The complaints officer registers the complaint and the subject of the complaint.
  2. A complaint may be divided into several subjects.
  3. The Complaints Officer shall periodically report on the handling of complaints and make recommendations for the prevention of new complaints, as well as for the improvement of procedures.
  4. At least once a year, the reports and recommendations shall be discussed at the office and presented for decision.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

General terms and conditions for legal services by telephone

1.1 Definitions

In these terms and conditions, the following terms shall have the following meanings:

HA: The user of these general terms and conditions: Hommersom Advocatuur (=Lawyers).

Subscriber: the party in whose name the telephone legal subscription is concluded with HA.

Subscription: the telephone legal subscription concluded with the subscriber, in the context of which HA provides legal advice by telephone.

Contact person: the person designated by the subscriber with whom HA has telephone contact in the context of the subscription

2.1 Applicability

These Terms and Conditions will apply, in addition to the General Terms and Conditions applied by HA, if HA provides services within the framework of a telephone legal subscription concluded with a Subscriber.

3.1 Scope/Duration of Services

The subscription is concluded with a subscriber who will appoint a contact person who will maintain telephone contact with HA in the context of the subscription.

3.2 The services provided by HA under this subscription will consist solely of the provision of legal advice by telephone in response to telephone inquiries made to HA by the subscriber in relation to matters directly concerning the subscriber (or his business).

3.3 The subscription covers in particular legal advice by telephone in the field of labour law, business practice as well as all watersports/recreation related matters. Furthermore, the subscription covers general contract law practice as well as administrative and tax law.

3.4 Regardless of the area of law, HA expressly reserves the right to determine whether a question fits/can be answered within the scope of the subscription. If such a situation arises, the parties will, if required, have further discussions on whether, how and under what conditions advice can be provided.  

3.5 The subscription is entered into for a period of twelve months, after which it is tacitly renewed, unless cancelled in writing by the subscriber at least three months before the end of the subscription period.

4.1 Execution

HA is available during business days from 10:00 am to 4:00 pm. Although HA aims to be continuously available during the abovementioned period, this is a best-efforts obligation and subscriber may not derive any rights from it. In case HA is not reachable by telephone, HA will contact the subscriber no later than the next working day following the request.

4.2 HA will endeavour to provide advice in the relevant telephone call but if this is not possible HA will inform the subscriber of their request no later than the next working day.

4.3 Within the subscription, the subscriber will in principle have an unlimited right to advice subject to reasonableness and fairness and to the extent permitted by the business operations of HA.

5.1 Exclusions

Not included in the subscription is legal advice that is requested as a result of documents being sent by any means or advice that cannot be provided by telephone. Also not included is legal advice in the context of a case/file already being dealt with by HA.

5.2 If the situation referred to in Article 5.1 arises, HA will submit an offer prior to giving advice in respect of the costs involved or the hourly rates already agreed between the parties will apply.

 

5.1 Liability

All advice provided by or on behalf of HA will be given with the utmost care. However, this is an obligation to perform to the best of one’s ability and HA will not be liable for damage of whatever nature arising from advice given by HA. Legal advice given by HA within the framework of the subscription is therefore subject to the above.

6.1 Payment

In respect of the subscription, the subscriber will owe an annual fee, which must be paid prior to the subscription year, failing which HA will be entitled to suspend its advice until payment has been received.

7.1 Termination

HA has the right at its discretion to terminate the subscription without notice if circumstances warrant. If such termination is not due to non-compliance with obligations on the part of the subscriber, HA will refund the subscription fee to the subscriber for the remaining term.

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