TERMS AND CONDITIONS

  1. These general terms and conditions apply to all Brink Attorneys services.
  2. All assignments, with the exclusion of articles 7: 409 and 7: 422 paragraph 1 under b BW, are exclusively accepted and carried out by Brink Attorneys BV.
  3. Brink Attorneys BV is a natural person who meets the requirements set by the Dutch Bar Association.
  4. The general terms and conditions also serve the benefit of those who work for Brink Attorneys.
  5. Any liability of Brink Attorneys is limited to the amount that is paid out under its liability insurance in this case, plus the amount of any deductible that is not borne by the insurers under the policy conditions. If and insofar as, for whatever reason, no payment is made under the liability insurance, liability will be limited to the maximum amount of the invoice (s) in the relevant case.
  6. When engaging third parties, if this is reasonably possible, Brink Attorneys will consult with its client in advance, and in any case exercise due care when choosing third parties. Brink Attorneys is not liable for shortcomings of these third parties. The client agrees that Brink Attorneys accepts third party liability limitation clauses on behalf of the client.
  7. Brink Attorneys will only start or continue work for the client after the client has paid an advance or has provided security where appropriate. The amount will reasonably be determined by Brink Attorneys.
  8. Unless agreed otherwise in writing, the fee that the client must pay to Brink Attorneys is calculated on the basis of the number of hours spent multiplied by the hourly rate to be determined annually by Brink Attorneys and increased by VAT. However, costs that Brink Attorneys pays to third parties on behalf of clients will be charged separately. The hourly rate is deemed to include the amount to cover all general office costs. General office costs include not only costs such as, paper, postage, telephone, fax, copy, and e-mail costs, but also all other costs related to the provision of services in a case, as well as all costs arising from the Accounting Ordinance of the Order of Lawyers.
  9. The costs or the hourly rate under point 8 are increased by one or more factors due to the importance of the case and / or the urgency of the case. To determine the applicable rate, the factor number is multiplied by the hourly rate.
  10. The importance of the case means the size of the amount involved in the case. Depending on the amount, the interest is assigned a multiplication factor according to the overview below:
    1. INTEREST (EUR)

    0 – 50,000: factor 1

    50,000 – 500,000: factor 2

    500,000 and more: factor 3

  11. In urgent cases, the costs or the hourly rate are multiplied by a factor of 1.5.
  12. The enhancement factors can be applied cumulatively.
  13. Refunds of funds in the deposit are made by book entry. Courier services will be charged for cash refund.
  14. Unless otherwise agreed immediately, Brink Attorneys sends a declaration once a month for its activities. Invoices must be paid within fourteen days of the invoice date, failing which the work can be suspended and the statutory interest can be charged. Collection costs are for the account of the client.
  15. Upon termination of its work for the client, Brink Attorneys will return the documents originating from this client and any legal documents by ordinary post and archive the file. It reserves the right to destroy archived files with due observance of the applicable regulations 5 years after archiving. Procedural documents received from a judicial authority in criminal matters shall be returned or destroyed to that authority without delay after the matter has been brought to an end.
  16. Where appropriate, Brink Attorneys will only grant a client access to the office after identification by means of a valid identity document.
  17. Brink Attorneys is, with due observance of the Ordinance on the Publicity of the Bar Association in the context of representing interests, free to cooperate in publicizing a case without further consultation, taking into account the privacy of the client. This freedom also exists after termination of the case, on the understanding that this will take place in consultation with the client as much as possible. Insofar as cooperation is given to publicity without this taking place in the context of advocacy, Brink Attorneys is free to do so provided that the interests of the client are not harmed.
  18. Brink Attorneys is, if necessary, free to take replacement options for legal action.
  19. Brink Attorneys is allowed to record the content of a telephone conversation on a sound carrier.
  20. Brink Attorneys provides a client satisfaction survey form upon request.
  21. The legal relationship between Brink Attorneys and its clients is governed by Dutch law. All disputes that will arise from that legal relationship will be exclusively settled by the competent court in Amsterdam.

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CONTACT INFORMATION

Emerald House
Jozef Israëlskade 46
1072 SB, Amsterdam

Mobile: +31-(0)6-22463446

Web: http://www.brinkattorneys.com