General terms and conditions

MAAK ATTORNEYS NV
1.

MAAK Advocaten N.V. (“MAAK”) is a public limited company under Dutch law, registered at the Commercial Register in Amsterdam under number 75953668. These general terms and conditions exclusively apply to all services that MAAK has been requested to provide (“Services”), including follow-up Services. The applicability of the general terms and conditions of the client is expressly rejected. Persons who are authorised by MAAK to accept a request for Services on its behalf are referred to in these conditions as “partners”.

2.

Requests for Services are deemed to have been directed to MAAK only and not to any individual person associated with MAAK. This includes any request for Services to be performed by a specific person associated with MAAK. The application of sections 7:404 and 7:407(2) Dutch Civil Code is excluded. Person associated with MAAK means: any employee, advisor, partner, member of the FlexPool, partner or shareholder of MAAK.

3.

If an event occurs in providing Services that could lead to any liability on MAAK’s part, that liability will be limited to the amount that is paid out in that specific case under MAAK’s professional indemnity insurance.

4.

If MAAK is liable for damage to persons or property, that liability will be limited to the amount paid out in that specific case under MAAK’s commercial general liability insurance (AVB), increased by the applicable deductible.

5.

In no event MAAK shall be liable for (in)direct damages, consequential damages and/or business interruption. The liability of MAAK never reaches further than provided for in this general terms and conditions, whether as a result of claims under any agreement or on other grounds, in particular tort.

6.

Claims for compensation of damage will expire one year after the date on which the client became aware of the damage and MAAK’s liability.

7.

If MAAK involves a person not associated with MAAK in connection with its Services for a client, MAAK will not be liable to the client for any error or omission (“fout” ) made by that person. By requesting MAAK to provide Services, the client gives MAAK authority to accept a limitation of liability stipulated by that person on behalf of the client.

8.

These general conditions may be relied on by MAAK and by any persons associated or formerly associated with MAAK and their legal successors.

9.

In providing Services for clients, MAAK and the “Stichting Derdengelden MAAK Advocaten” may receive funds from clients or third parties. MAAK and Stichting Derdengelden MAAK Advocaten will deposit these funds with a bank chosen by MAAK in consultation with the parties involved. MAAK and Stichting Derdengelden MAAK Advocaten will not be liable if the bank chosen fails to fulfil its obligations.

10.

MAAK shall charge a fee for its Services, which shall generally be based on an hourly rate, a fixed fee of 6% for office costs (plus VAT), as well as the costs incurred by third parties. MAAK shall be free to change its hourly rate and fees. The agreed hourly rate will be indexed annually to the average wage index. In addition, changes in the interests of the case, urgency and years of experience, specialisms may lead to (possibly temporary) adjustment of the agreed rate. However, this will be announced to you as soon as possible and, in principle, will not have retroactive effect. MAAK is always entitled to demand a retainer from clients, which will be deducted from the final invoice.

11.

Payment of MAAK’s invoices must be made within 14 days of the invoice date. In the event of a default on the part of clients on account of their clients’ fulfilment of their payment obligation to MAAK in respect of any order, contrary to the foregoing, payment shall be made without delay. If the aforementioned term of payment is exceeded, clients shall be in default and the default interest shall be equal to the then applicable statutory interest pursuant to Article 6:119 of the Dutch Civil Code. In the event that clients act in the exercise of a profession or business or legal entity, clients shall, contrary to the foregoing, owe the commercial interest pursuant to article 6:119a of the Dutch Civil Code. If the validity of an invoice has not been questioned by the client within 14 days of receipt, the validity of the invoice shall be established. Client shall not be entitled to any set-off or suspension. All judicial and extra-judicial costs incurred by MAAK in connection with the collection of its claims shall be borne by client, subject to a minimum of 15% of the outstanding invoices.

12.

MAAK shall also be entitled to set off any conditional and/or reasonably foreseeable claims it may or shall have on the client against any amounts it owes or shall reasonably owe to the client. For the purpose of this Article, client shall also include group companies and/or majority shareholdings of client. If the invoices are not paid on time, MAAK shall be entitled to suspend its Services in connection with the order given.

13.

Under applicable legislation – including the Dutch Act on the Prevention of Money Laundering and Terrorist Financing – MAAK is obliged to verify the identity of its clients and report unusual transactions to the authorities in certain circumstances. All personal data will be processed in accordance with the General Data Protection Ordinance (“GDPR”).

14.

Personal data of clients may be used in new cases to check for possible conflicts of interest (with you as the client). For this purpose, MAAK only uses the necessary data to verify this.

15.

Client agrees to the electronic exchange of data (Internet and e-mail) and realises that, despite all the security measures taken by MAAK, no absolute security can be given against unauthorised consultation.

16.

Dutch law governs the legal relationship between MAAK and its clients. Disputes relating to the creation or performance of the instructions given by the client to MAAK shall be resolved in accordance with the Bar Complaints and Disputes Committee (“Geschillencommissie Advocatuur”). All other disputes between MAAK and the client will be exclusively resolved in the first instance by the District Court of Amsterdam, the Netherlands.

17.

MAAK’s Complaint Procedure applies to all Services provided by MAAK’s attorneys (“advocaten”), see https://www.maak-law.com/compliants-procedure/

18.

In interpreting the meaning of these general conditions, the Dutch version supersedes all other versions, see https://www.maakadvocaten.nl/algemene-voorwaarden/

MAAK is located in Amsterdam and entered in the commercial register of the Chamber of Commerce under number 75953668.

GENERAL TERMS AND CONDITIONS
MAAK ATTORNEYS NV
1.

MAAK Advocaten N.V. (“MAAK”) is a public limited company under Dutch law, registered at the Commercial Register in Amsterdam under number 75953668. These general terms and conditions exclusively apply to all services that MAAK has been requested to provide (“Services”), including follow-up Services. The applicability of the general terms and conditions of the client is expressly rejected. Persons who are authorised by MAAK to accept a request for Services on its behalf are referred to in these conditions as “partners”.

2.

Requests for Services are deemed to have been directed to MAAK only and not to any individual person associated with MAAK. This includes any request for Services to be performed by a specific person associated with MAAK. The application of sections 7:404 and 7:407(2) Dutch Civil Code is excluded. Person associated with MAAK means: any employee, advisor, partner, member of the FlexPool, partner or shareholder of MAAK.

3.

If an event occurs in providing Services that could lead to any liability on MAAK’s part, that liability will be limited to the amount that is paid out in that specific case under MAAK’s professional indemnity insurance.

4.

If MAAK is liable for damage to persons or property, that liability will be limited to the amount paid out in that specific case under MAAK’s commercial general liability insurance (AVB), increased by the applicable deductible.

5.

In no event MAAK shall be liable for (in)direct damages, consequential damages and/or business interruption. The liability of MAAK never reaches further than provided for in this general terms and conditions, whether as a result of claims under any agreement or on other grounds, in particular tort.

6.

Claims for compensation of damage will expire one year after the date on which the client became aware of the damage and MAAK’s liability.

7.

If MAAK involves a person not associated with MAAK in connection with its Services for a client, MAAK will not be liable to the client for any error or omission (“fout” ) made by that person. By requesting MAAK to provide Services, the client gives MAAK authority to accept a limitation of liability stipulated by that person on behalf of the client.

8.

These general conditions may be relied on by MAAK and by any persons associated or formerly associated with MAAK and their legal successors.

9.

In providing Services for clients, MAAK and the “Stichting Derdengelden MAAK Advocaten” may receive funds from clients or third parties. MAAK and Stichting Derdengelden MAAK Advocaten will deposit these funds with a bank chosen by MAAK in consultation with the parties involved. MAAK and Stichting Derdengelden MAAK Advocaten will not be liable if the bank chosen fails to fulfil its obligations.

10.

MAAK shall charge a fee for its Services, which shall generally be based on an hourly rate, a fixed fee of 6% for office costs (plus VAT), as well as the costs incurred by third parties. MAAK shall be free to change its hourly rate and fees. The agreed hourly rate will be indexed annually to the average wage index. In addition, changes in the interests of the case, urgency and years of experience, specialisms may lead to (possibly temporary) adjustment of the agreed rate. However, this will be announced to you as soon as possible and, in principle, will not have retroactive effect. MAAK is always entitled to demand a retainer from clients, which will be deducted from the final invoice.

11.

Payment of MAAK’s invoices must be made within 14 days of the invoice date. In the event of a default on the part of clients on account of their clients’ fulfilment of their payment obligation to MAAK in respect of any order, contrary to the foregoing, payment shall be made without delay. If the aforementioned term of payment is exceeded, clients shall be in default and the default interest shall be equal to the then applicable statutory interest pursuant to Article 6:119 of the Dutch Civil Code. In the event that clients act in the exercise of a profession or business or legal entity, clients shall, contrary to the foregoing, owe the commercial interest pursuant to article 6:119a of the Dutch Civil Code. If the validity of an invoice has not been questioned by the client within 14 days of receipt, the validity of the invoice shall be established. Client shall not be entitled to any set-off or suspension. All judicial and extra-judicial costs incurred by MAAK in connection with the collection of its claims shall be borne by client, subject to a minimum of 15% of the outstanding invoices.

12.

MAAK shall also be entitled to set off any conditional and/or reasonably foreseeable claims it may or shall have on the client against any amounts it owes or shall reasonably owe to the client. For the purpose of this Article, client shall also include group companies and/or majority shareholdings of client. If the invoices are not paid on time, MAAK shall be entitled to suspend its Services in connection with the order given.

13.

Under applicable legislation – including the Dutch Act on the Prevention of Money Laundering and Terrorist Financing – MAAK is obliged to verify the identity of its clients and report unusual transactions to the authorities in certain circumstances. All personal data will be processed in accordance with the General Data Protection Ordinance (“GDPR”).

14.

Personal data of clients may be used in new cases to check for possible conflicts of interest (with you as the client). For this purpose, MAAK only uses the necessary data to verify this.

15.

Client agrees to the electronic exchange of data (Internet and e-mail) and realises that, despite all the security measures taken by MAAK, no absolute security can be given against unauthorised consultation.

16.

Dutch law governs the legal relationship between MAAK and its clients. Disputes relating to the creation or performance of the instructions given by the client to MAAK shall be resolved in accordance with the Bar Complaints and Disputes Committee (“Geschillencommissie Advocatuur”). All other disputes between MAAK and the client will be exclusively resolved in the first instance by the District Court of Amsterdam, the Netherlands.

17.

MAAK’s Complaint Procedure applies to all Services provided by MAAK’s attorneys (“advocaten”), see https://www.maak-law.com/compliants-procedure/

18.

In interpreting the meaning of these general conditions, the Dutch version supersedes all other versions, see https://www.maakadvocaten.nl/algemene-voorwaarden/

MAAK is located in Amsterdam and entered in the commercial register of the Chamber of Commerce under number 75953668.