General Terms and Conditions of FJW Legal B.V. 2024

1. FJW Legal B.V.

FJW Legal B.V. (hereinafter: FJW Legal) is a company established under Dutch law, located in Amsterdam, and registered in the trade register under Chamber of Commerce number 91501385.

2. Applicability/Service Agreement/Observation

2.1 These general terms and conditions apply to all agreements, assignments, quotations, or other legal relationships. The applicability of any general terms and conditions used by the client is expressly rejected.
2.2 These general terms and conditions also apply to all shareholders of FJW Legal and their directors, directors of FJW Legal, all individuals working for FJW Legal, and all individuals engaged in the execution of any assignment by FJW Legal.
2.3 These general terms and conditions may be unilaterally amended by FJW Legal.
2.4 Each assignment is accepted solely as a service agreement, even if it is expressly or implicitly intended that an assignment will be carried out by a specific individual. The application of Articles 7:404 and 7:407, paragraph 2 of the Dutch Civil Code is excluded.
2.5 FJW Legal carries out the assignment with the care that can be expected of it. The assignment constitutes an obligation of best efforts. FJW Legal does not guarantee the achievement of the intended result.
2.6 FJW Legal is entitled to engage third parties not belonging to its organization in the execution of its activities. In this regard, unless in the case of bailiff assistance, consultation with the client will take place as much as possible in advance.
2.7 The execution of the assigned tasks is exclusively for the benefit of the client. Third parties cannot derive any rights from the (content of) the work performed for the client.
2.8 In the event that FJW Legal would be unable to conduct the practice due to force majeure, it will be observed by C. Koenen (Karom), attorney at law in Amsterdam.

3. Fees and Expenses

3.1 The client is obligated to pay the agreed-upon fee for the execution of the agreement, plus value-added tax and expenses such as court fees, bailiff costs, extracts, travel expenses, costs of any experts, and interpreters. These costs (taxable or non-taxable) are passed on to the client. Our rates and expenses are subject to change.
3.2 Costs of third parties are preferably paid directly by the client to these third parties at the direction of FJW Legal.
3.3 FJW Legal is entitled to request the client to pay an advance payment prior to the execution of the assignment. Any received advance payment will be settled with the final invoice in the context of the assignment.

4. Payment/Third-Party Funds

4.1 Unless otherwise agreed in writing, FJW Legal will invoice monthly.
4.2 Payment must be made within fourteen days of the invoice date. The client is not entitled to apply any discounts, withholdings, or set-offs. In case of exceeding the payment term, the client is in default by operation of law, and late payment interest, equal to the statutory interest rate, is due.
4.3 If payment of the invoice is not fully made within the specified period after the first reminder, FJW Legal has the right to suspend its activities for the client in the context of the granted assignment without further notice.
4.4 FJW Legal does not have a third-party funds account.

5. Liability

5.1 Any liability of FJW Legal for damages to clients and third parties is always limited to the amount for which the liability insurance concluded by FJW Legal in the relevant case provides coverage, plus the amount of the deductible under the relevant policy. FJW Legal is insured for professional liability up to a maximum amount of EUR 1,000,000 per claim and a maximum amount of EUR 2,000,000 per year.
5.2 If, for any reason, no payment is made under said insurance, any liability of FJW Legal is limited to the amount of the deductible applicable under the insurance.
5.3 Any liability of FJW Legal for any errors or shortcomings of third parties engaged is excluded.
5.4 All claims by clients or third parties expire if they are not submitted in writing and with motivation to FJW Legal within one year after the client or third party became or reasonably could have become aware of the facts on which they base their claim.

6. Retention Period

6.1 After the closure of the dossier, it will be retained in the archive for five years. After seven years, the entire dossier, including any original documents of the client that may still be present therein, will be destroyed.
6.2 At the request of the client, the dossier can be returned to the client. FJW Legal will charge the client for the costs of sending the dossier.

7. Privacy

FJW Legal processes personal data in accordance with the privacy statement that can be found on the FJW Legal website (www.fjwlegal.nl).

8. Disputes and Complaints

8.1 Dutch law applies to the agreement. All disputes will be settled by the competent court in Amsterdam, provided that FJW Legal retains the right to take legal action against the client before a court that would be competent to hear disputes between FJW Legal and the client without the above forum choice.
8.2 FJW Legal’s services are subject to an office complaints procedure, which can be found on the FJW Legal website (www.fjwlegal.nl).