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General Terms and Conditions

  1. Wille Donker advocaten is a partnership formed from private limited liability companies. A list of partners will be issued on request.
  2. Orders will be accepted and executed solely by Wille Donker advocaten excluding articles 7:404 and 7:407, paragraph 2 of the Netherlands Civil Code.
  3. Wille Donker advocaten has an obligation to the client to exercise all care that may reasonably be expected under the given circumstances. Wille Donker advocaten cannot guarantee attainment of the intended outcome.
  4. Wille Donker advocaten is entitled, if Wille Donker advocaten deems it necessary for the proper discharge of the client’s commission, to involve a third party or parties in the discharge of the client’s commission. Wille Donker advocaten is responsible for any shortcoming in such a third party’s performance only if and insofar as Wille Donker advocaten has failed to exercise due care in the selection of the party in question.
  5. Wille Donker advocaten will invoice the client periodically and afterwards for services rendered. The client is obliged to settle the invoiced amount without deduction or offset. The client will be liable for all costs incurred by Wille Donker advocaten as a consequence of the client’s failure to settle an invoiced amount on time and in full.
  6. If Wille Donker Advocaten receives third party funds for the benefit of a client, Wille Donker advocaten is authorised to use those funds for payment of any amounts due by that client to Wille Donker advocaten. If Wille Donker advocaten makes use of that possibility, it will notify the client thereof.
  7. Wille Donker advocaten is entitled to charge the client an advance fee, and to make the commencement or continuation of its services dependent upon settlement of the associated invoice.
  8. All liability of Wille Donker advocaten, of whatever nature and whatever origin, is expressly limited to the amount payable in the relevant case by Wille Donker advocaten’s professional liability insurer, plus the access amount payable in the relevant case by Wille Donker advocaten under its professional liability insurance. Wille Donker advocaten will provide information on request regarding its professional liability insurance and regarding the associated cover. The limitation of liability also applies in the event of Wille Donker advocaten being liable for errors by third parties engaged by Wille Donker advocaten or for the malfunction of hardware, software, data files, registers or other articles used by the chambers to execute the contract, without exception.
  9. In any circumstance where the professional liability insurance arranged by Wille Donker advocaten provides no cover, the liability of Wille Donker advocaten is limited to the sum of the fees charged in the relevant case, subject to a maximum of € 75,000.
  10. Wille Donker advocaten will ensure as far as possible that moneys paid to the client by third parties or entrusted to Wille Donker advocaten for safekeeping are deposited in a bank account in the name of the Stichting Derdengelden Wille Donker advocaten, of Alphen aan den Rijn.
  11. All case files created in connection with the client’s commission will be retained by Wille Donker advocaten for five years, after which the files will be destroyed.
  12. A commission given to Wille Donker advocaten is subject to Wille Donker advocaten’s Complaint Resolution Regulations, available from the website of Wille Donker advocaten. A written copy of the Regulations is available on request.
  13. If Wille Donker advocaten fail any complaints from the client about the creation  and/or the performance of the services, including all invoice disputes to settle, then the client may be complaints to the Disputes Committee, in accordance with the Legal Profession Disputes Committee. The Rules Dispute Advocacy is published on the website of Wille Donker advocaten. A written copy of the Rules will be sent on request. As far as the Complaints and Disputes Committee is incompetent, disputes should be referred to the Court of The Hague, unless another court is competent under mandatory statutory rules. The commission agreed between Wille Donker advocaten and the client and all associated undertakings are governed by Dutch law.
  14. These General Terms and Conditions apply equally to each partner in Wille Donker advocaten and to every directly or indirectly associated natural person or legal entity.

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