1.De Koning Vergouwen Advocaten is a limited company of solicitors (legal persons and natural persons). The limited company sets itself the objective of practising the legal profession in the widest sense of the word.
2.All assignments, either directly to DKVA or to individual colleagues shall be exclusively accepted and performed by or on behalf of the limited company. Articles 7:404 and 7:407, para. 2 of the Civil Code shall not apply.
3.Without prejudice to the provisions of Article 6:89 of the Dutch Civil Code, any right of claim or legal action will in any case lapse 12 months after the date on which the liability should reasonably have been known and (if this cannot be established) in any case 2 years after the date of the last invoice. The provisions of this article also apply to the Client if a third party (also) claims compensation in connection with a service provided by DKVA to the Client.
4.Any liability of DKVA shall be limited to the amount to which in the respective case, the private professional liability insurance(s) confer(s) the right to payment plus the amount of own risk flowing from the applicable policy conditions in this case. DKVA is insured up to EUR 2.5 million per claim. More information is available on the policy conditions if required.
5.If payment is not made because the insurer does not provide any cover, DKVA’s liability shall in any case be limited to an amount equal to the fee charged for the respective case up to a maximum of EUR 50,000.00.
6.DKVA shall take the necessary care at all times when engaging third parties. DKVA shall not be liable due to any damage resulting from the shortcomings of third parties. The principal shall authorize DKVA on its behalf to accept any limitations of liability with respect to these third parties.
7.The principal shall release DKVA from any third party claims including the costs of legal assistance in any way connected with or flowing from work performed for the principal except in the case of intent or gross negligence on the part of DKVA.
8.Not only DKVA but also any other persons engaged for the purpose of performing any assignment for the principal may invoke these General Conditions.
9.The hourly rate shall be agreed with the principal in advance. The hourly rate shall be indexed in accordance with the Directive on the Salary of Curators and Administrators as laid down in consultation with the Dutch Association for the Judiciary and the Netherlands Bar Association. The principal shall be periodically invoiced for the work performed subject to a payment term of fourteen days counting from the date of declaration. The hours worked multiplied by the agreed hourly rate shall in this case be claimed. The bills shall include the amounts charged for advances, services from third parties and general office costs.
10.If invoices are not paid within the payment term, DKVA shall be entitled to suspend work and the principal shall not be entitled to claim any shortcoming on the part of DKVA in performing the assignment.
11.The principal shall expressly authorize DKVA to offset invoices against trust monies received in the DKVA escrow account.
12.Legal relations between DKVA and the principal shall be governed exclusively by Dutch law. Disputes flowing from legal relations between the principal and DKVA shall only be adjudicated before the competent judge in the Netherlands.
13.These General Conditions shall be sent or handed to the principal before work commences. These General Conditions shall also apply to additional assignments and follow-up assignments. A copy is available on the DKVA website: https://www.dekoningvergouwen.nl. These General Conditions are available in Dutch and English. The Dutch text shall be binding in the event of dispute as to the content of the General Conditions.
14.DKVA has no internal complaints procedures. If the principal has a complaint regarding the solicitor handling his case, the principal shall address this complaint in writing to mr. Felix Chorus who shall process this. DKVA shall handle the complaint in accordance with the internal complaints procedure drawn up by the Netherlands Bar Association as intended for the internal complaints procedure for law firms in the Netherlands.