Sec Arbeidsrecht Advocaten (hereinafter: “Sec Arbeidsrecht”) is a partnership under the laws of The Netherlands that consists of private limited companies and/or natural persons (hereinafter: “partners”). Sec Arbeidsrecht has a registered office in Haarlem and is registered with the commercial register of the Chamber of Commerce under number 67308651.
These Terms and Conditions apply to any and all assignments – including any follow-up assignments) – being given orally and/or in writing to Sec Arbeidsrecht, its legal successor(s), its partners and/or the Directors of its partners, as well as anyone working for Sec Arbeidsrecht. These Terms and Conditions are also stipulated on behalf of those legal entities, natural persons and third parties (including the partners of Sec Arbeidsrecht) that are directly or indirectly involved in any way in the provision of services by Sec Arbeidsrecht and/or all legal entities and natural persons for whose activities Sec Arbeidsrecht may be (legally) liable.
All assignments, putting aside article 7:404 of the Dutch Civil Code and article 7:407 paragraph 2 of the Dutch Civil Code, are exclusively accepted and executed by the partnership Sec Arbeidsrecht. The applicability of any other general terms and conditions is expressly excluded and will not be applied.
The joint liability of Sec Arbeidsrecht, the partners and its directors, the lawyers and the persons working for Sec Arbeidsrecht and third parties engaged by Sec Arbeidsrecht is, as a whole, always limited to the amount paid under the occupational liability insurance of Sec Arbeidsrecht in the case concerned, increased by the amount of the own risk that, pursuant to the policy conditions, is payable to Sec Arbeidsrecht in the case concerned. If and to the extend that – for whatever reason – no amount is paid out under the occupational liability insurance of Sec Arbeidsrecht, Sec Arbeidsrecht’s liability is limited to the amount of fees charged for the professional services rendered in the specific matter with a maximum amount of € 25,000 (in words: twenty five thousand euro).
Sec Arbeidsrecht will exercise due care in selecting third parties and it will consult with the client when selecting such third parties to the extent that such is reasonably possible. Any liability of Sec Arbeidsrecht for any failures and/or shortcomings of such third parties is expressly excluded. Sec Arbeidsrecht is deemed to be fully authorized by the client to accept on client’s behalf any possible limitation of liability as may be applied by such third parties.
Payment of invoices has to take place within the period set forth in the invoice. If no payment is received within that period the client will be in default without any further notice being required. Consequently, Sec Arbeidsrecht is entitled to the legal interest and extrajudicial costs under Dutch law. Furthermore, Sec Arbeidsrecht is entitled to suspend its services under the assignment, the consequences of which are entirely at the expense of the client. At all time Sec Arbeidsrecht is entitled – for which client hereby gives its permission in advance – to set off collectible fees from the client with funds which Sec Arbeidsrecht administers for and/or on behalf of the client.
Sec Arbeidsrecht may, if applicable, not receive third-party funds, because Sec Arbeidsrecht is not in the possession of a third party funds Foundation (“Stichting Beheer Derdengelden”). Sec Arbeidsrecht shall ensure that third-party funds are paid directly to the rightful claimant(s).
Time spent for the services by Sec Arbeidsrecht under the assignment will be registered by specifying the name of the case, date, duration and kind of activity with a minimum of 6 minutes per activity. The invoice gives a specification of the aforementioned time spend. Services provided by Sec Arbeidsrecht will be charged accordingly to time registration, above mentioned and on the basis of an hourly rate agreed upon by the client in writing plus 21% VAT (“BTW”), expenses for certificates (such as, but not limited to Chamber of Commerce, land registry and council), court fees, fees of third parties and other expenses directly forwarded to Sec Arbeidsrecht. Sec Arbeidsrecht is entitled to ask for an advance payment. The fee can be readjusted annually.
When a request for subsidized legal aid (“toevoeging”) is submitted to or (conditionally) is assigned by the Legal Aid Board (“Raad voor Rechtsbijstand”), the client is obliged to pay the personal fee for legal aid (“eigen bijdrage”) estimated by Sec Arbeidsrecht or determined by the Legal Aid Board. Payment must be made to Sec Arbeidsrecht in accordance with article 6 above. The client is obliged to pay the expenses for certificates (such as, but not limited to Chamber of Commerce, land registry and council), court fees, fees of third parties and other expenses directly to Sec Arbeidsrecht. When the request for subsidized legal aid is rejected or the subsidized legal aid is withdrawn, article 8 above will apply fully as of the day of commencement of the assignment.
The assignment will terminate following the completion of the case(s) regarding the assignment or by termination by the client and/or Sec Arbeidsrecht. Termination shall be given by a written notice / by email, stating the reason(s) for termination. In deviation of the provisions under article 7:408 paragraph 2 of the Dutch Civil Code Sec Arbeidsrecht is not held to give a weighty reason (“gewichtige reden”) for termination of the assignment.
The relationship between Sec Arbeidsrecht and its clients is exclusively governed by Dutch law. An internal complaint protocol is applicable, which will be sent to the client on first request. Disputes which cannot be solved via the internal complaint procedure, must be submitted to the competent court in Amsterdam, The Netherlands.
Sec Arbeidsrecht may, whether or not in relation to the instructions in question, process and store the client’s personal and other data and provide this information to anyone within the Sec Arbeidsrecht organisation, so that the instructions can be processed and for the purpose of relationship management.
These Terms and Conditions are drawn up in The Dutch and English language. The Dutch text is binding and decisive in case any difference should arise regarding the content and/or tenor of the Terms and Conditions.
These Terms and Conditions are available at www.Secarbeidsrecht.nl and www.employmentlawnetherlands.com. A copy will be sent upon request.