General Terms and Conditions Osprey Advocaten / Attorneys at Law

1. These general terms and conditions apply to all services provided by the (legal) persons operating under the trade name Osprey Advocaten / Attorneys at Law (hereinafter: “Osprey Advocaten”).
2. These general terms and conditions are also stipulated for the benefit of the directors as well as all persons acting under the trade name Osprey Advocaten.
3. Osprey Advocaten is not a partnership (in Dutch: maatschap) under Dutch civil law. The contracting party (“Contractor”) is the party making use of the trade name Osprey Advocaten who accepts an engagement, either indirectly (through a legal entity) or directly (in person).
All engagements, whether addressed to the Contractor or to individual members of the firm, are accepted and performed exclusively by or on behalf of the Contractor. Articles 7:404 and 7:407(2) of the Dutch Civil Code shall not apply.
4. Each Contractor has a separate professional liability insurance. Any liability of the Contractor is limited to the amount paid out in the relevant case under such professional liability insurance.
5. When engaging third parties, the Contractor shall exercise due care. The Contractor shall not be liable for damages resulting from shortcomings of such third parties. The Contractor is entitled, and where necessary hereby stipulates, that each engagement includes the authority to accept, also on behalf of the Client, any limitation of liability stipulated by third parties.
6. The Client shall indemnify the Contractor against all third-party claims, including reasonable legal costs, in any way connected with or arising from the services performed for the Client, except in cases of intent or gross negligence on the part of the Contractor.
7. The Contractor accepts no liability in the event that the Stichting Beheer Derdengelden Osprey Advocaten (third-party funds foundation) is unable to make payment to the Client because the financial institution (bank) with which the foundation holds one or more accounts fails to meet its obligations towards the foundation.
8. Not only the Contractor but also all (legal) persons engaged in the execution of any engagement of the Client, including the Stichting Beheer Derdengelden, may invoke these general terms and conditions.
9. The provisions of these general terms and conditions are also made for the benefit of those who are or have been employed by the Contractor.
10. Payment of the Contractor’s invoices shall be made within fourteen (14) days of the invoice date, without the Client being entitled to invoke any right of suspension or set-off.
In the event payment is not received within such term, the Client shall be in default ipso jure and shall owe statutory (commercial) interest on the outstanding amount.
The Client shall further be liable to indemnify and hold the Contractor harmless against all costs incurred by the Contractor in collecting the claim, including but not limited to judicial and extrajudicial collection costs, as well as the costs of services rendered by the Contractor’s attorneys in connection with such collection, charged at the applicable hourly rates of the attorneys concerned. Any objections of the Client to the invoice, including objections to the amount thereof, must be notified to the Contractor in writing within thirty (30) days of the invoice date.
11. Unless substantive changes to the rates are made, the applicable rates shall be adjusted annually as of 1 January in accordance with the consumer price index for all households over the preceding October-to-October period, rounded to the nearest multiple of € 5.
12. All rights of action and other powers of the Client or of any third party, on any ground whatsoever, in connection with the services performed by the Contractor, shall expire one (1) year after the date on which the Client became aware, or could reasonably have become aware, of the existence of such rights and powers, and in any event two (2) years after the performance of the services to which such claims relate, unless the Client’s rights have lapsed earlier pursuant to mandatory provisions of law.
13. The Contractor has an internal complaints procedure which applies to agreements between the Client and the Contractor.
14. The legal relationship between the Client and the Contractor shall be governed by Dutch law. Any disputes arising from such legal relationship shall be submitted exclusively to the competent Dutch court.
15. These general terms and conditions also apply to additional and subsequent engagements. They are drawn up in both Dutch and English. In case of any dispute concerning the content or interpretation of these general terms and conditions, the Dutch text shall be binding.
16. The Contractor shall be entitled to amend or supplement these general terms and conditions. The Client shall be informed of any amendment or supplement in writing in advance.