General Conditions Salvador-Ingelse
- Identity of attorney and client
1.1 The attorney, Mr. Chris Ingelse (hereinafter referred to as ‘Salvador-Ingelse’) is member of the Dutch Bar Association (Neuhuyskade 94, (2596 XM) The Hague, The Netherlands) and works for you (hereinafter referred to as ‘the client’) under the name Salvador-Ingelse. Salvador-Ingelse is registered at the Dutch Chamber of Commerce with number 14114890.
1.2 The client shall properly identify him/herself at the first request of Salvador-Ingelse.
- Level of services
2.1 Salvador-Ingelse undertakes to work in every case to the best of his ability, dedication and knowledge and with due diligence. Salvador-Ingelse undertakes to keep the client regularly informed of the principal developments in the case. Salvador-Ingelse does not guarantee the outcome of the case and does not give a chance estimate.
2.2 All assignments are, in disregard of Articles 7:404, 7:409 and 7:422 para. 1 at b of the Dutch Civil Code only accepted and executed by Salvador-Ingelse. The applicability of Article 7:404, which relates to the latter case, and Article 7:407 paragraph 2 of the Dutch Civil Code, which imposes joint and several liability where an instruction is given to two or more persons is explicitly excluded.
2.3 All the information necessary for Salvador-Ingelse to carry out the assignment has to be given in the required form. Any loss, additional costs and fees due to delay or not properly handing over documents will be at the clients cost.
- Wet ter voorkoming van witwassen en financieren van terrorisme (‘Wwft’: Dutch Anti-Money Laundering and Terrorist Financing Act)
3.1 Where applicable, Salvador-Ingelse informs the client that the Wwft applies and that Salvador-Ingelse must report to the Financial Intelligence Unit Netherlands (fiu-nederland.nl) on that basis and that this obligation precedes the confidentiality obligation of the attorney.
3.2 Upon acceptance of the assignment, Salvador-Ingelse will check whether there are no reasonable indications that the assignment is intended for the preparation, support or protection of illegal activities. Salvador-Ingelse may rely on the correctness of the information provided by the client as long as there are no reasonable indications to the contrary.
3.3 If Salvador-Ingelse has reasonable doubt, or if there are circumstances that justify reasonable doubt, about the accuracy of the information provided by or on behalf of the client, the identity of the client or the intermediary or the legality of the purpose for which the assignment is intended, the attorney conducts an investigation into the accuracy of the information provided, the background of the client, the intermediary and the purpose of the assignment, unless the nature or circumstances of the case make this impossible.
3.4 Salvador-Ingelse will refrain from providing services or will top working for the client order if it has not reasonably received the information that it has requested from the client or the intermediary to implement the provisions of the foregoing, or if reasonably there are indications that the assigned services are for the preparation, support or foreclosure of illegal activities.
3.5 In the case of unusual transactions that are suspected for being money laundering or financing of terrorism, Salvador-Ingelse must report to the Financial Intelligence Unit Netherlands (fiu-nederland.nl).
3.6 Transactions of € 15,000 or more, paid in cash, with bearer checks or similar means of payment to Salvador-Ingelse or through the intervention of Salvador-Ingelse, or intentions of such transactions are reported immediately. Salvador-Ingelse does not accept such payments.
3.7 Salvador-Ingelse may not disclose to the client the fact that a report to the Financial Intelligence Unit Netherlands is being made. The obligation to report takes precedence over the confidentiality obligation of the attorney. The obligations on the basis of the Wwft must be met as of the moment that Salvador-Ingelse actually accepts the assignment and the client has been told that the Wwft applies and that compliance with the obligations under the Wwft takes precedence over the confidentiality obligation of the attorney.
- Third parties
When engaging third parties Salvador-Ingelse will, if this is reasonably practicable, consult in advance with the client, and will take due care in the selection of third parties. Salvador-Ingelse is not liable for shortcomings of these third parties. The client agrees that Salvador Ingelse accepts clauses limiting liability of third parties on behalf of client.
- Liability and Insurance
5.1 Salvador-Ingelse is insured for professional liability in accordance with the Regulation on the Professional Liability established by the Dutch Bar Association. Salvador-Ingelse is insured with AON Risk Solutions | Professional Services (AON Netherlands, Chamber of Commerce: 24,061,634), located at Admiraliteitskade 62, (3063 ED) Rotterdam (The Netherlands).
5.2 Any liability of Salvador-Ingelse is limited to the amount paid by the insurance company in the event, plus the amount of excess payable according to the insurance contract for that event. If and to the extent that, for whatever reason, no payment is made under the liability insurance, liability is limited to the amount of the invoice(s) in the case concerned, with a maximum of € 35,000.
5.3 Without prejudice to the provisions of Article 6:89 of the Dutch Civil Code, a claim for compensation and/or liability will in any case lapse if Salvador-Ingelse has not been informed of this in writing within six months after the client became aware of or could reasonably have been aware of the event, failure to act or negligence of Salvador-Ingelse upon which client bases the claim and / or from which the damage ensues.
5.4 Any liability expires in any event five years after the day after the matter comes to an end, as indicated in the letter for filing and / or the final invoice.
5.5 Salvador-Ingelse does not accept any liability for damages due to third parties gaining unauthorized access to data, including electronic data, including personal data in the broadest sense of the word, stored with Salvador-Ingelse or its third parties assisting in storing, except insofar as there is intent or deliberate recklessness. Should Salvador-Ingelse nevertheless be liable, then this liability is limited in accordance with paragraphs 2, 3 and 4 of this provision.
Any claim by the client or by a third party expires if it is not written and substantiated to Salvador-Ingelse within one year after the client, the third party respectively, was or could reasonably be aware of the facts on which he/she bases the claim.
- Disputes and competent court
7.1 Salvador-Ingelse refers to the internal complaints procedure in case of disputes between Salvador-Ingelse and the client. Salvador-Ingelse is also registered with the “Geschillencommissie Advocatuur”, the settlement board for disputes between clients and attorneys. For more information: Geschillencommissie.
7.2 If the dispute is not resolved in accordance with the rules in the previous paragraph and / or if the client or Salvador-Ingelse or any other third party refers a matter or dispute to a tribunal, then the tribunal Limburg, Maastricht location, shall be the competent court.
- Applicable law
The agreement between the client and Salvador-Ingelse is governed by Dutch law.
- Code of Conduct
Salvador-Ingelse is subject to the Code of Conduct and regulations of the Dutch Bar Association. These rules can be found at Orde van Advocaten (in Dutch).
- Subsidized legal aid
If possible, Salvador-Ingelse provides legal assistance on the basis of subsidized legal aid. The right to subsidized legal aid depends on income and assets (see Raad voor Rechtsbijstand) of the client. Salvador-Ingelse can request subsidized legal aid for the client at the ‘Raad voor Rechtsbijstand’ (Dutch legal aid board). When accepted ‘de Raad voor Rechtsbijstand’ will pay (part of the) attorneys costs. This aid will only be assigned when the clients income is below a certain amount. The client should know that:the Dutch tax authorities will give the ‘Raad voor Rechtsbijstand’ information about the clients income and assets through the clients Dutch social security number (and, if applicable, also of the clients partner);the ‘Raad voor Rechtsbijstand’ will check the clients personal data at the registered municipality (and, if applicable also of the clients partner);
the data will be incorporated in the administration of the ‘Raad voor Rechtsbijstand’;
supplying incorrect data can lead to the refusal or cancellation of the subsidized legal aid and to criminal prosecution;
the decision to grant subsidized legal aid is provisional. Subsidized legal aid can be withdrawn retroactively if the legal assistance has lead to a certain financial result (not applicable in penal procedures) and/or if it appears in hindsight that there was no right to subsidized legal aid. In that case the client will have to pay the legal costs;
if subsidized legal aid has been assigned the client may incur a clients contribution varying between € 196 to € 823, depending on income and assets;
the client can get a discount of € 53 if the case is a criminal case or if the client consults the ‘Juridisch Loket’ (T 0900 8020 or +31 30 3236410 (from abroad)) first and then be referred to Salvador-Ingelse;
If more time is needed to process the case than the standard amount of time supplied for by the ‘Raad voor Rechtsbijstand’, Salvador-Ingelse will request more time, which – if awarded – may lead to another client contribution to be due;
the client may request the municipality for a contribution for certain legal costs, i.e. the clients contribution, court fees and bailiff’s costs.
- Hourly rate
If no subsidized legal aid is obtained, or subsidized aid has been withdrawn, Salvador-Ingelse will charge the hourly rate of € 155 (excl. 21% vat) to private individuals, € 195 (excl. 21% vat) to private companies. Without subsidized legal aid, services are charged monthly and according to the hourly rate.
- Legal expenses insurance
Attorneys costs, costs for court fees, bailiff and other legal expenses attorney may be covered by a legal expenses insurance. Salvador-Ingelse advises the client to inquire about coverage as soon as possible with the insurance company, if applicable. Some insurance companies require the client to address the insurance company first before hiring an attorney before such legal expenses may be covered.
- Payments and default
Payments to Salvador-Ingelse must be made to NL55 TRIO 0198 5495 12 in the name of Salvador-Ingelse in Maastricht (the Netherlands), within seven days after the invoice date. After the expiry of the payment date the client is legally in default and interest will be due, based on Articles 6:119 BW, or – in a trade agreement – Article 6:119a BW.
- Third party costs
Possible bailiff’s cost (e.g. for serving a writ of summons) and court registration fees (for a procedure before the tribunal or the court) will be charged in advance. Salvador-Ingelse may only start a procedure after bailiff’s costs and court fees are paid in advance.
Salvador-Ingelse may, before beginning or continuing to work for the client, request to receive a depository advance payment, due by the client. The deposit serves as security for financial obligations towards Salvador-Ingelse and will be refunded or compensated with a final payment. Salvador-Ingelse has the right to settle the depository payment with any outstanding invoices.
- Procedural costs
The client should take into account and accepts that, if a procedure is necessary, the costs of a procedure – although the adversary party may be ordered to pay the procedural costs – are often not reimbursed completely. Also, success is not guaranteed, appeal may be possible, and a possible loss can lead to an order to pay the procedural costs of the adversary party. See for the registration fees: Rechtspraak. See for the amount of procedural costs that may eventually be due to the adversary party in civil procedures: Rechtspraak.
- Trust account
Payments our law firm may receive on behalf of the client are managed in the trust account (‘Stichting Beheer Derdengelden Salvador-Ingelse’) under account number NL61 TRIO 0784 8403 93. The client agrees in advance that any invoices that are due and any costs that the client may have incurred for the services of Salvador-Ingelse and eventual third parties in the clients case, due to Salvador-Ingelse, may be settled with any amounts received on behalf of the client in the trust account and be paid from the trust account to the account of Salvador-Ingelse.
Both the client and Salvador-Ingelse may terminate the contract by written notice to the other. In both cases, Salvador-Ingelse has the right to retain the clients file until the client has fully met its payment obligations.
- Confidentiality and security of communication
19.1 Insofar as necessary, client authorises the use of personal data in the broadest sense of the word (including, if applicable, medical data and criminal data) to Salvador-Ingelse, insofar as this is necessary for the performance of the assignment, for the execution of a legal obligation, amongst others to provide legal assistance to the client, for serving a legitimate interest of the client and / or for requesting / invoicing for subsidsed legal aid. Such use also includes the provision to third parties, if appropriate for the proper performance of the aforementioned tasks.
19.2 Salvador-Ingelse can encrypt e-mail and provide digital signature in e-mail to client, if the client’s system is appropriately configured and the client requests it. Salvador-Ingelse can not guarantee that communications by telephone, regular mail, e-mail and otherwise, even if encrypted and provided with digital signature, are confidential, complete and non-corrupt. Liability for damage in connection with the data and / or documents sent or transmitted through these means is not accepted. If, however, liability of Salvador-Ingelse would be established, then that liability is limited in accordance with Article 4.
19.3 Salvador-Ingelse will take appropriate measures to ensure the confidentiality of the relationship with the client during the performance of the assignment.
19.4 Under the Dutch Anti-Money Laundering and Terrorist Financing Act, Salvador-Ingelse is obliged to establish the client’s identity and, under certain circumstances, to report certain unusual (financial) transactions to the authorities. Client confirms to Salvador-Ingelse that he/she is aware of this obligation and gives permission – if necessary – to provide this information.
19.5 Salvador-Ingelse also acts in accordance with its privacy regulation, which can be read at [HYPERLINK}. It can be sent to the client on first request. This privacy regulation regulates, among other things, that the client has a right to access and rectify his / her personal data, a right to object to data processing, a right to ask for the removal of personal data after a certain period of time and under certain conditions, and that client can submit a complaint to the Dutch Autoriteit Persoonsgegevens if the client believes that Salvador-Ingelse does not comply with the rights of the client under Dutch law.
At the request of the client Salvador-Ingelse may send documents and any judicial documents in the case-file. If a successor presents himself or asks to provide the case-file, Salvador-Ingelse will not have any substantive discussions on the case with the client. Salvador-Ingelse can agree with the successor that the client pays any outstanding invoices before transmission of the file, or that the successor commits to have the client pay any outstanding invoices.
Salvador-Ingelse will archive the case-file upon termination of its activities for the client. Salvador-Ingelse reserves the right, subject to statutory regulations, to destroy the clients file, without further notice after a period of five years after the termination of the assignment. In this five-year period the file can be retrieved from the archive, for which an amount of € 50 will be charged.
- Change of general conditions
Salvador-Ingelse is authorized to change these general conditions. A change binds the client, but not earlier than two weeks after the client has been notified of the change in writing.29 March, 2019