I. Definitions

In these Terms, the following definitions apply:

a. Justion Advocaten: a partnership firm comprised of private limited liability companies.
b. The office: Justion Advocaten's offices in Middelburg and/or Rotterdam.
c. The client: the other party to the contract.
d. Fee: the financial remuneration - not including VAT, disbursements and office expenses as defined in e. and f. - agreed between the office and the client for the performance of the contract, or applicable to the services rendered.
e. Disbursements: any costs necessarily incurred by the office in performing the contract, including without limitation court duties, third-party fees (bailiff, expert, etc.).
f. Office expenses: a fixed percentage mark-up on the fee for the use of office facilities.
g. The contract: the engagement letter between Justion Advocaten and the client.

II.   Practice areas

Justion Advocaten specialises in providing services in the areas of law referred to on its website at http://www.justionadvocaten.nl/.

III. Applicability

These Terms will apply to all services which Justion Advocaten is engaged to perform, including any follow-up, amended or additional instructions. The applicability of these Terms will extend to all legal relationships arising from or connected with such instructions.

IV. The contract

a. A contract will be considered concluded upon acceptance of the engagement by Justion Advocaten. In so doing, Justion Advocaten must be represented by any of its lawyers or other members of staff so authorised in writing.
b. The client agrees that Justion Advocaten will arrange for the contract to be performed under its responsibility and that it may engage a third party in having the contract performed.
c. The applicability of Sections 7:404 and 7:407(2) of the Dutch Civil Code (Burgerlijk Wetboek) is excluded.

V. Billing

a. In consideration of the performance of the contract, the client shall pay the fee plus disbursements, office expenses and VAT. The client will be informed of the fee on concluding the contract.
b.  Accordingly, in addition to the fee, the client shall reimburse any office expenses as defined in Article I.f above.
c.  If Justion Advocaten acts for the client in legal proceedings, the client shall also pay any disbursements as defined in Article I.e above. The amount in disbursements will vary according to the nature of the proceedings, the client's role in those proceedings as plaintiff or defendant, etc. These costs will not constitute a fee for services rendered by Justion Advocaten, and instead will be owed to the third party involved, such as the court, the bailiff etc.  Justion Advocaten will forward these bills to the client immediately after receipt. The client will be required to pay these bills to Justion Advocaten immediately after receiving them.
d. Services rendered will be billed monthly, regardless of the scope of the services or the stage to which the services have progressed.
e. If the client disagrees with the amount billed, the client shall have 14 days after the billing date to contest the bill. This right will lapse after 14 days. Bills must be contested in writing.
f. In all cases, Justion Advocaten may require that the client make an advance payment. The advance payment will be offset against the last bill. First-time services will be rendered by Justion Advocaten on the basis of an advance payment only.
g. Justion Advocaten reserves the right to amend these Terms, it being understood that, barring special or unforeseen circumstances, the amended Terms will only apply to instructions given after the amended Terms became effective.
i.  We reserve the right to amend our hourly rates annually.

VI.   Payment

a. The client will not be released from its payment obligation until payment is made into a bank or giro account registered to Justion Advocaten or is made in cash (subject to the maximum generally accepted by law firms) against proper proof of payment. Offsetting any amounts due will not be permitted.
b. Bills sent by Justion Advocaten must be paid within 14 days of the billing date. Late payment will cause the client to be in default by operation law, in which case the client will be charged late payment interest at the statutory (commercial) rate.
c. If Justion Advocaten takes any collection steps against a defaulting client, all judicial and extra-judicial expenses associated with the collection will be payable by the client, subject to a minimum of EUR 100.

VII. Liability

a. The firm's liability to its clients and/or any third party for losses arising from or connected with the performance of an agreement or any wrongful act will in all cases be limited to the amount payable in that particular case under the firm's professional liability insurance, plus the deductible provided for under the policy. The insurance policy is available for inspection at the firm's offices.
b. If, for any reason, no payment is made under the insurance referred to above, any liability of the partnership firm of Justion Advocaten will be limited to the deductible provided for under the policy in question.
c. The office will exercise all due care in engaging any third party. The office shall not, however, be liable for any failure by such third party. The office will be authorised to accept the standard terms of business of a third party, including any limitation of liability, on the client's behalf.
d. The limitation of liability will also apply to situations where the office is liable for errors made by third parties engaged by the office or for the faulty operation of hardware, software, data files, registers or other items - none excluded - used by the office in performing the contract.
e. If, notwithstanding the provisions set out in this clause under a. to d. and f., the partnership firm of Justion Advocaten is liable for any damage incurred in excess of the deductible provided for under its professional liability insurance (hereinafter: "the excess"), any proportional and/or joint and several liability of the partners in the partnership firm of Justion Advocaten for such excess debt owed by the partnership firm will be excluded.
f. The limitation(s) of liability provided for in this clause, except as stated under e., will not apply if the damage has been caused by an intentional act or omission (opzet) or gross negligence (grove schuld) on the part of any of the lawyers representing the partnership firm in performing the contract.

VIII. Lapse of cause of action

Without prejudice to the provisions set out in Article V.e above, all causes of action against Justion Advocaten available to the client in connection with services rendered by Justion Advocaten will lapse twelve months after the client became or could reasonably have been expected to become aware of the existence of the cause of action.

IX. Invalidity

If any clause in these Terms should be void or voided, the other clauses will remain in full force and effect. The void or voided clause will then be interpreted in such a way as to approximate its original purport as closely as possible to allow the parties to rely on it.

X. Disputes

The contract will be governed by the laws of the Netherlands. All disputes will be resolved exclusively by the competent court in Rotterdam or Middelburg, The Netherlands.

These Standard Terms of Engagement are also available in Dutch. In the event of any dispute arising over the scope or content of these Standard Terms of Engagement, the Dutch-language version and its meaning will be binding in the jurisdiction of The Netherlands.

These Standard Terms of Engagement are also available on the firm's website at http://www.justionadvocaten.nl/