General terms and conditions
In these general conditions "Commissionee" will mean Bingh Lawfirm, having its offices in Amsterdam, The Netherlands.
- All instructions from clients are solely accepted and carried out by Commissionee. Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code are hereby excluded.
- Any and all liability of the Commissionee or of individuals employed by the Commissionee or otherwise retained as counsel is limited to the amount paid out, if any, under the Commissionee's professional liability insurance policy in the matter concerned, plus the amount of the own risk deductible that is not for the account of the insurers under the policy conditions in the matter concerned. In the event and to the extent that no monies are paid out under the professional liability insurance for whatever reason, any and all liability of the Commissionee shall be limited to an amount of € 50.000. If the fees charged by the Commissionee in the matter concerned are higher, liability will be limited to the amount of such fees up to a maximum of € 100.000.
- The Commissionee shall take all reasonable measures in order to ensure the highest possible quality of work and, as far as possible, consult the client before instructing third parties, and shall in any event exercise the necessary due care in its selection of third parties. The Commissionee is not liable for any acts and or omissions of third parties. The client hereby authorises the Commissionee to accept any limitations of liability of third parties on its behalf.
- The client indemnifies and holds the Commissionee harmless from and against any and all third party claims (including reasonable legal costs) arising in whatsoever manner from the activities carried out for the client, unless they result from gross negligence or wilful misconduct by the Commissionee.
- Costs paid for by the Commissionee shall be charged separately. A percentage of the professional fees shall be charged to cover general office costs (such as postage, phone, fax, photocopying). All amounts are exclusive of VAT.
- All the provisions of these General Conditions can also be relied upon by all employees and or persons working on the Commissionee's behalf.
- Unless otherwise agreed, professional fees shall be calculated on the basis of the number of hours worked multiplied by the hourly rates established annually by the Commissionee. In principle, the services shall be charged to the client on a monthly basis, subject to payment within 30 days of the date of the invoice. The Commissionee is entitled to charge statutory interest on late payment.
- The legal relationship between the client and the Commissionee is governed by Dutch law. The competent Dutch court shall have exclusive jurisdiction for the settlement of disputes.
- The General Conditions also apply to complementary, supplementary or successive assignments or mandates.
- The Dutch text of these General Conditions shall prevail in the event of any differences between the English text and the Dutch text.