General Terms and Conditions

General Terms and Conditions SV Legal BV and Mr. Peter P. Klokkers - version SV Legal 2023-07

1. RRV Advocaten is a partnership of lawyers and legal entities. Assignments carried out by Mr. I. Rhodes, Mr. N. Velthorst, Mr. S.S. Oedit Doebé (from 1-1-2023), Mr. M. Booij, and Mr. T.B. Brinkman are accepted by SV Legal BV, located at Hoogoorddreef 62, 1101 BE Amsterdam, registered with the Chamber of Commerce in Amsterdam under number 62094041. Assignments carried out by Mr. P.P. Klokkers are accepted by the sole proprietorship Mr. Peter P. Klokkers, registered with the Chamber of Commerce in Amsterdam under number 53918363.
2. These general terms and conditions apply to all assignments of both SV Legal BV and Mr. Peter P. Klokkers, which include limitations of (professional) liability. They can be found on our website: rrva.nl and will also be provided free of charge upon request.
3. Whenever the term "SV Legal BV" is used in this document, it refers to the private limited liability company SV Legal B.V.
4. Whenever the term "Klokkers" is used in this document, it refers to the sole proprietorship Mr. Peter P. Klokkers.
5. Whenever the term "General Terms and Conditions" is used in this document, it refers to the General Terms and Conditions of both SV Legal BV and Mr. Peter P. Klokkers, the most recent version of which has been deposited with the Chamber of Commerce and can be found on the website rrva.nl.
6. Whenever the term "Client" is used in this document, it refers to any natural person, legal entity, or partnership of persons who (alone or jointly with others) has provided an assignment to SV Legal BV and/or Klokkers for the provision of services.
7. The General Terms and Conditions apply to all legal relationships between the Client and SV Legal BV and Klokkers.
8. Klokkers is in no way liable for damages resulting from professional errors, non-payment, bankruptcy, suspension of payment, administration, debt settlement, or any other such issues related to SV Legal BV and/or lawyers who accept assignments on its behalf.
9. SV Legal BV and/or lawyers who accept assignments on its behalf are in no way liable for damages resulting from professional errors, non-payment, bankruptcy, suspension of payment, administration, debt settlement, or any other such issues related to Klokkers.
10. SV Legal BV and Klokkers process personal data in compliance with applicable laws and regulations, including the General Data Protection Regulation. More information about the processing by SV Legal BV and Klokkers is included in the Privacy Statement. The Privacy Statement can be consulted on the website rrva.nl.
11. Articles 7:404 and 7:407 Section 2 of the Dutch Civil Code are not applicable to the legal relationship between the Client and SV Legal BV and Klokkers. This means, among other things, that – unless expressly agreed otherwise – the execution of the assignments that the Client has assigned to SV Legal BV and Klokkers can be carried out, if necessary, by multiple employees or by a different employee than the person to whom the assignment was initially assigned.
12. It is of great importance that the Client provides all data, information, and/or documents necessary for the proper execution of the assignment to the handler of the assignment in a timely and complete manner and that the Client enables the handler of the assignment to fully execute the assignment. If it appears that the Client falls short or is likely to fall short in this respect, SV Legal BV and Klokkers are entitled to immediately suspend or terminate the assignment, without becoming liable for damages. SV Legal BV and Klokkers also have this right if the Client fails to fulfill its financial obligations towards SV Legal BV and Klokkers.
13. The liability of SV Legal BV and Klokkers towards the Client for damages, regardless of the cause, is always limited to the amount paid by the insurer of SV Legal BV and Klokkers in the relevant case, including the deductible that SV Legal BV and Klokkers carry in connection with that insurance. This amount is a maximum of EUR 500,000.00 per event with a maximum of EUR 1,000,000.00 per year. If the maximum insured amount of EUR 1,000,000.00 is exceeded, the payout will be made proportionally to this insured amount, whereby the maximum insured amount of EUR 500,000.00 is also the limit for the amount that counts in that distribution. The right to claim liability lapses if the claims are not submitted within 366 days after the date on which the lawyer has terminated the handling of the case, unless that claim falls under the coverage of the insurance.
14. If in a specific case there is no entitlement to any payment from the aforementioned insurer, the liability of SV Legal BV and Klokkers will always be limited to a maximum of the total amount of fees charged to the Client by SV Legal BV and Klokkers, excluding VAT.
15. If necessary, the shareholders, its management, all employees, and other persons of SV Legal BV and Klokkers involved in the execution of any assignment can also invoke the General Terms and Conditions, including the liability limitations, towards the Client.
16. SV Legal BV and Klokkers are not liable to the Client for damages resulting from shortcomings of third parties who have been engaged by or on the advice of SV Legal BV and Klokkers for the Client (e.g., bailiffs and external experts). SV Legal BV and Klokkers are authorized to accept liability-limiting clauses on behalf of the Client on the part of said third parties.
17. The Office Complaints Scheme SV Legal BV and Klokkers Lawyers applies to the legal relationship between SV Legal BV and Klokkers and the Client, which describes how the Client can submit any complaints about the services provided by SV Legal BV and Klokkers. The Office Complaints Scheme SV Legal BV and Klokkers Lawyers can be consulted on the website rrva.nl.
18. The Client is obliged to notify SV Legal BV and Klokkers of any complaints about the execution of the assignment in writing within twenty-six weeks after becoming aware of the circumstances that give rise to the complaint, failing which the Client's right to compensation expires. For Clients who are consumers as meant in article 6:236 BW, the aforementioned limitation period has a duration of one year after becoming aware of the aforementioned circumstances.
19. The Client indemnifies SV Legal BV and Klokkers from all claims from third parties (e.g., the counterparty in a dispute) against SV Legal BV and Klokkers, including the reasonable costs of legal assistance, insofar as the claims of those third parties are in any way related to or arise from the activities carried out by SV Legal BV and Klokkers for the Client.
20. The copyright to all works prepared and/or provided to the Client or third parties by SV Legal BV and Klokkers within the meaning of the Copyright Act is exclusively vested in SV Legal BV and Klokkers (or, if SV Legal BV and Klokkers is not the author of the relevant work: the author(s) of the relevant work).
21. The hourly rates of SV Legal BV and Klokkers, agreed upon at the acceptance of the assignment, can be adjusted annually (as of January 1) by SV Legal BV and Klokkers due to inflation and/or an increase in the years of experience of the handling employee(s) of SV Legal BV and Klokkers.
22. Payment of an invoice by the Client shall be made within the payment term indicated on the invoice or, in the absence of such an indication, within fourteen days after the date of the invoice. The Client is obliged to notify any complaints about the (amount of the) invoice within the applicable payment term to SV Legal BV and Klokkers, failing which the right to complain expires. For Clients who are consumers as meant in article 6:236 BW, the aforementioned term is one year after the date of the invoice. If the Client has not paid the invoice within the described payment term, the Client is automatically in default and owes statutory commercial interest (or, if the Client is a consumer: statutory interest). If the Client has not (timely and fully) paid after having been urged to do so, the Client also owes extrajudicial collection costs, in accordance with the Act on the standards for extrajudicial collection costs.
23. Payments received by SV Legal BV and Klokkers from the Client shall be credited first to the costs due, then to the due interest, while the remainder will be deducted from the oldest unpaid invoice, regardless of any description provided by the Client when making the payment.
24. In cases in which work is performed on a retainer basis, the retainer will, in principle, not be settled with interim invoices but only with the final invoice. Any remaining amount of the retainer will be refunded at the end of the assignment without SV Legal BV and Klokkers being liable for interest in this respect.
25. In addition to the agreed rate, the costs for court fees, extracts, experts, and other costs of third parties will be charged to the Client. Changes in the VAT rate will be passed on directly.
26. SV Legal BV and Klokkers are authorized to amend the General Terms and Conditions from time to time. If this occurs, the new version of the General Terms and Conditions automatically applies to all legal relationships as referred to in clause 3 of these General Terms and Conditions, and the new conditions replace the present conditions. For Clients who are consumers as meant in article 6:236 and 6:237 BW, they are entitled to terminate any agreements with SV Legal BV and Klokkers in the event of a detrimental change to the General Terms and Conditions.
27. Dutch law exclusively applies to the legal relationship(s) between the Client and SV Legal BV and Klokkers and all resulting obligations.
28. The District Court of Amsterdam has exclusive jurisdiction to decide on disputes between SV Legal BV and Klokkers and the Client, unless the Client is a consumer as meant in article 6:236 BW, in which case any court with jurisdiction under the legal jurisdiction rules is competent to decide on the dispute.
29. The General Terms and Conditions are drafted in Dutch. For the convenience of the Client, a translation in English has also been made. In case of a dispute about the content or purport of the General Terms and Conditions, the Dutch text shall be binding.