All instructions are issued to and performed by or on behalf of Van Arkel Praktijk B.V., a private limited company, also trading under the name Sparkel advocatuur & mediation. Van Arkel Praktijk has its registered office in The Hague, the Netherlands, and is registered with the Chamber of Commerce under file reference number 67453422. The effect of Section 7:404 of the Dutch Civil Code, as well as the effect of Section 7:407 subsection 2 of the Dutch Civil Code, is excluded.
The client is the natural person or legal entity who instructs Van Arkel Praktijk B.V. to perform services
The client will provide Van Arkel Praktijk B.V. with all information that may be important for the correct performance of the contract for services, as well as all information that Van Arkel Praktijk B.V. requires from the client (all this if and insofar as the client is able to provide information)
The liability of Van Arkel Praktijk B.V. is limited to the amount paid out on the professional liability insurance if
applicable. The professional liability insurance of Van Arkel Praktijk B.V. meets the requirements set by the Netherlands Bar and the Netherlands Mediation Federation (MfN). If, for whatever reason, no payment is made under the insurance referred to, any liability is limited to the amount that Van Arkel Praktijk B.V. has charged the client in fees in the relevant case in the relevant year and has been paid by the client, up to a maximum of €10,000. To determine the liability of Van Arkel Praktijk B.V. towards the client, related events (which also includes negligence) will be regarded as a single damage-causing event. Van Arkel Praktijk B.V. is not liable towards the client if and as long as the client fails to fulfil its obligations towards Van Arkel Praktijk B.V. and as laid down in Article 3 of these general terms and conditions. Liability for indirect or consequential damage is excluded under all circumstances. Claims in connection with alleged liability of Van Arkel Praktijk B.V. must be submitted to Van Arkel Praktijk B.V. in writing and motivated by the client as soon as possible, but at the latest within a period of three months after the performance of the contract for services, at the risk of forfeiting rights
The client indemnifies Van Arkel Praktijk B.V. against all third-party claims, including the costs to be incurred by Van Arkel Praktijk B.V. in connection therewith, including the costs of legal assistance, which are in any way related to the work performed for the client, except in the case of intent or gross negligence on the part of Van Arkel Praktijk B.V.
Van Arkel Praktijk B.V. is not liable for damage resulting from shortcomings of third parties engaged by it.
The stipulations in these general terms and conditions, including the liability limitations in these general terms and conditions, also apply to the persons and legal entities engaged by Van Arkel Praktijk B.V. in the performance of the instruction, including Mr R. van Arkel
Van Arkel Praktijk B.V. will invoice its work on a monthly basis, with a specification of the work performed (fees) and costs incurred. Payment must be made within 14 days of the invoice date. In the absence of timely payment, Van Arkel Praktijk B.V. is authorised to suspend its work
The hourly rate of Van Arkel Praktijk B.V. will be adjusted annually in accordance with the CPI of Statistics Netherlands (CBS). Time spent travelling for a case counts as working time and as such will be charged at the applicable hourly rate. In addition to the hourly rate, the client guarantees the payment of additional costs, such as court fees, bailiff costs, travel and accommodation expenses and costs of experts engaged. When appropriate, Van Arkel Praktijk B.V. is entitled to demand an advance.
By accepting the contract for services, the client grants Van Arkel Praktijk B.V. permission for the automatic processing of personal data collected and to be collected by Van Arkel Praktijk B.V. This includes copying and storing the client’s proof of ID
Unless otherwise agreed in writing, these general terms and conditions apply to all contracts for services concluded between the client and Van Arkel Praktijk B.V. In addition, these terms and conditions also apply to additional instructions and follow-up instructions concluded with the same client, even if no new written agreement has been concluded for this and/or if these general terms and conditions have not been submitted to the client again when entering into the additional or follow-up instruction
Van Arkel Praktijk B.V. cannot invoke these general terms and conditions insofar as this is not permitted (in whole or in part) by the Netherlands Bar (in legal matters) or by the MfN (in mediation cases). If one or more provisions of these general terms and conditions prove to be invalid or unenforceable in whole or in part, they will in that case be replaced with provisions to which this does not apply and which regulate the same as the invalid or unenforceable provision(s) as much as possible. To the extent such is necessary, the parties will consult further in good faith about the precise wording of this superseded provision(s
During the performance of the contract for services, Van Arkel Praktijk B.V. and the client can communicate with each other by e-mail. Van Arkel Praktijk B.V. and the client are not liable to each other for damage resulting from the use of e-mail, provided that both parties will do everything that can reasonably be expected to prevent risks, such as spreading viruses
The applicability of other general terms and conditions is explicitly excluded.
Dutch law applies to the agreement between the client and Van Arkel Praktijk B.V.; the court in The Hague has jurisdiction to hear disputes
Van Arkel Praktijk B.V. is entitled to amend or supplement these general terms and conditions. The client will be notified in writing in advance of any change and/or addition
