General conditions
1.1 Zwartbol Advocaten B.V. are a limited liability company (further: Zwartbol Advocaten). All orders are accepted and executed solely by Zwartbol Advocaten, regardless of whether an order was either granted to or accepted by Zwartbol Advocaten directly, or to/by one of its staff or representatives. Articles 7:404 and 7:407 paragraph 2 of the Netherlands Civil Code do not apply.
1.2 Save insofar as intent or gross negligence are concerned, all liability of Zwartbol Advocaten, for whatever reason or context, is limited to the amount paid out by the insurer in the relevant case, pursuant to the professional liability insurance and increased by the policy excess which, in accordance with the policy terms, is not at the expense of the insurer. On request, Zwartbol Advocaten will provide further information with regard to (cover under the) professional liability insurance. If for whatever reason the insurer does not provide cover, all liability is limited to the amount equal to the remuneration (exclusive of BTW (Dutch VAT)) owed to Zwartbol Advocaten as a result of the order in respect of which Zwartbol Advocaten are held liable, with a maximum of € 40,000.00, save insofar as intent or gross negligence are concerned.
1.3 Intent or gross negligence within the meaning of these general terms and conditions are understood to mean intent or gross negligence of the organs of Zwartbol Advocaten or any person entrusted with the management of its company.
1.4 Zwartbol Advocaten are entitled to use the services of third parties during the execution of orders from clients. Zwartbol Advocaten shall at all times exercise due care when requesting the services of third parties. Zwartbol Advocaten cannot be held liable for damage as a result of third party failures. Zwartbol Advocaten are entitled to accept, also on behalf of the client, any third party liability restrictions without prior consultation with the client.
1.5 The client indemnifies Zwartbol Advocaten against all third party liabilities, reasonable costs of legal assistance including those in any way related to or arising from activities performed on behalf of the client, save insofar as intent or gross negligence of Zwartbol Advocaten as mentioned under 1.3 are concerned.
1.6 All stipulations in these terms and conditions are also formulated for all persons involved in the execution of any order of the client. These persons can rely on these general terms and conditions. All stipulations in these terms and conditions are also formulated for its administrators and all those employed or previously employed with Zwartbol Advocaten.
1.7 The files will be archived by Zwartbol Advocaten for a period of 10 years, after which they will be destroyed.
1.8 These general terms and conditions also apply to additional and subsequent orders and/or instructions.
1.9 These general terms and conditions are formulated in Dutch and English. In the event of disputes regarding the contents and purport of these general terms and conditions the Dutch text will be binding.
1.10 Each order and legal relationship between Zwartbol Advocaten and the client are subject to Dutch law. Any disputes arising from any agreement and legal relationship between Zwartbol Advocaten and the client will in the first instance be settled by the competent Dutch court in Rotterdam.