Terms & Conditions
General terms and conditions of LINK Advocaten Coöperatief U.A.
1. Link Advocaten Coöperatief U.A. is a cooperative with excluded liability (coöperatie met uitgesloten aansprakelijkheid) established under Dutch law for the purpose of carrying on a law practice. Link Advocaten Coöperatief U.A. has offices in Amsterdam and Amersfoort, both trading under the trade name LINK Advocaten. LINK Advocaten is the trade name of Link Advocaten Coöperatief U.A. with registered office in Amsterdam (Trade register no. 56312377).
2. In these General Terms and Conditions, LINK Advocaten means Link Advocaten Coöperatief U.A.. A partner means a person who (indirectly) is a member of Link Advocaten Coöperatief U.A. or a person who has, as a proxy holder of the cooperative, received the specific title of partner. A third party means anyone other than Link Advocaten Coöperatief U.A. with respect to which a legal relationship within the meaning of articles 3 and 4 exists or is alleged.
3. These General Terms and Conditions are applicable to any instructions including any subsequent, amended or additional instructions given to LINK Advocaten, any partner or any employee of LINK Advocaten, and to any legal relationship that arises as a result thereof or in connection therewith.
4. These General Terms and Conditions are applicable to any legal relationship that arises as a result of or in connection with the use of any website maintained by LINK Advocaten.
5. These General Terms and Conditions are applicable to any legal relationship that is created when advice arising as a result of or in connection with any legal relationship described in the articles 3 and 4 is relied upon, whether pursuant to these General Terms and Conditions or not.
6. These General Terms and Conditions apply to benefit any third party who, whether or not in the service of LINK Advocaten is involved in the implementation of any instructions or who is or may be liable in connection therewith.
7. Instructions are accepted by and on behalf of Link Advocaten Coöperatief U.A. even where the expressed or implied intention is for such instructions to be implemented by a specific person. By way of derogation from articles 7:404, 7:407, paragraph 2, and 7:409 of the Dutch Civil Code, even where instructions are given with a view to them being provided by a specific person, no partner and no other individual who takes instructions for or on behalf of LINK Advocaten, whether employed by LINK Advocaten or not, is personally obligated or liable to implement such instructions and the death of any such partner or other individual does not terminate the instructions, even if given with a view to them being provided by a specific person.
8. Instructions are implemented exclusively for the benefit of the client giving the instructions. Unless LINK Advocaten expressly consents in writing, no one other than the client may rely on or has any rights in connection with the result of such instructions or the manner of implementation thereof.
9. While implementing instructions, LINK Advocaten will take appropriate measures to preserve the confidentiality of the client relationship. Nevertheless, the following applies to such instructions , unless expressly agreed otherwise:
i) The client consents to the distribution of information available within the organization of Link Advocaten Coöperatief U.A. to all those within the organization of Link Advocaten Coöperatief U.A. for whom it is useful to have such information in connection with the implementation of the instructions or the administration of the relationship with the client. ii) The client consents to the use of any method of communication customarily used at that time, including the internet.
10. LINK Advocaten will exercise due care when hiring a third party and will consult with a client about the selection of a third party if it is customary and reasonable in the context of the client relationship to do so. LINK Advocaten is authorized to agree to terms and conditions that are applicable to the relationship between it and a third party or that are stated by a third party. In the relationship with the client LINK Advocaten can rely on such terms and conditions in as much as it concerns the implementation of the instructions by such third party. In no circumstances will a client directly claim against such third party.
11. Unless agreed otherwise in writing, fees will be based on time worked multiplied by the applicable rates as set from time to time by LINK Advocaten. The applicable rates are available upon request at any time. Disbursements incurred on a client’s behalf will be charged separately. All amounts to be mentioned exclude value added tax.
12. As a rule, a client will be invoiced on a monthly basis for the work carried out. Payment is due within a period of 14 days starting on the date of the invoice. If payment is not made within this time, LINK Advocaten may, without further notice, exercise its right to charge and receive statutory interest and collection costs. An advance payment may be requested at any time for work that has been or will be carried out. LINK Advocaten has the right to suspend work if an advance payment is not provided.
13. Any liability arising out of or in connection with any instructions is limited to the amount that is paid out for that event under the liability insurance coverage taken out by LINK Advocaten, plus the amount of the deductible applicable to this insurance coverage.
14. If and in so far the insurance does not cover a liability, the liability will be limited to the amount LINK Advocaten has invoiced and received with a maximum of € 15,000. No member of the cooperative, no partner and no other individual who takes instructions for or on behalf of LINK Advocaten, whether employed by LINK Advocaten or not, is personally obligated or liable to implement such instructions.
15. Any legal relationship that arises out of or in connection with a relationship within the meaning of articles 3, 4 and 5 is subject to Dutch law. Any dispute arising out of such legal relationship must be submitted to the exclusive jurisdiction of the competent court in Amsterdam. Claims for compensation expire if proceedings are not commenced in the competent court within one year of discovery thereof. If LINK Advocaten is acting as the claiming party, LINK Advocaten may, at its discretion, commence proceedings in a court that has jurisdiction other than under this provision.
16. These General Terms and Conditions are available in Dutch and English. In the event of a dispute about the contents or intention of these General Terms and Conditions, only the Dutch version and its interpretation under Dutch law are binding.