General terms and conditions
- Wille Donker advocaten is a partnership, which consists of a number of private companies with limited liability. An overview of the partners will be sent on request.
- Assignments are accepted and executed exclusively by Wille Donker advocaten as contractor, excluding articles 7:404, 7:407 paragraph 2 and 7:409 paragraph 1 of the Dutch Civil Code.
- The client is obliged to inform Wille Donker advocaten about all facts and circumstances that are important for the execution of the assignment. The client guarantees the accuracy of the data provided.
- Wille Donker lawyers is obliged to make an effort to achieve the intended result. However, Wille Donker advocaten cannot guarantee that result.
- Wille Donker advocaten is authorized to involve third parties in the execution of the assignment if it deems this necessary for the proper execution of the assignment. Any failure of these third parties can only be attributed to Wille Donker advocaten if Wille Donker advocaten has not been careful in choosing these third parties.
- Wille Donker advocaten is authorized to adjust its rates in the interim.
- The work of Wille Donker advocaten will be billed periodically and afterwards. The client is obliged to pay the invoices of Wille Donker advocaten without discount or settlement. All costs on the part of Wille Donker advocaten, related to non-timely or incomplete payment, are for the account of the client.
- Wille Donker advocaten is at all times entitled to charge the client an advance, and to make the commencement or continuation of the work dependent on payment of this advance invoice.
- Wille Donker advocaten will ensure that funds received on behalf of the client, or that must be managed by Wille Donker advocatens, are deposited into a bank account of the Stichting Derdengelden Wille Donker advocaten, located in Bodegraven. Wille Donker advocaten is entitled to charge the client for negative interest charged by the bank.
- Wille Donker advocaten is authorized to terminate the assignment prematurely in case of a breach of trust between the treating lawyer and the client, or if continuation thereof is incompatible with the core values applicable to lawyers or the Wwft.
- Any liability of Wille Donker advocaten is limited to the amount that is paid out by the insurer under the coverage of the professional liability insurance taken out by Wille Donker advocaten, increased by the deductible of Wille Donker advocaten under that insurance. This limitation of liability also applies in the event that Wille Donker advocaten is liable for errors made by third parties engaged by it.
- If the professional liability insurance taken out by Wille Donker advocaten does not provide coverage, the liability of Wille Donker advocaten is limited to the fee charged in the case in question, with a maximum of € 75,000.00.
- The provisions in articles 11 and 12 do not apply in the event of intent or gross negligence.
- Wille Donker advocaten processes personal data in accordance with the GDPR, the Wwft and the professional rules applicable to its lawyers, including professional secrecy, as further described in the privacy statement of Wille Donker advocaten. The privacy statement is published on the website of Wille Donker advocaten. On the basis of the Wwft, Wille Donker advocaten is in some cases obliged to make a report to the Financial Intelligence Unit.
- The complaints procedure of Wille Donker advocaten applies to the assignment given to Wille Donker advocaten. The complaints procedure is published on the website of Wille Donker advocaten.
- Disputes between Wille Donker advocaten and the client who is not acting in the exercise of his profession or business are handled and decided by the Disputes Committee for the Legal Profession in accordance with the Rules of Procedure of the Disputes Committee for the Legal Profession. The client has the right, for a period of one month after Wille Donker advocaten has announced that it will submit the case to the Disputes Committee for the Legal Profession, to choose to have the dispute settled by the court. If the dispute is submitted to the court, the Court of The Hague has jurisdiction, unless another court has exclusive jurisdiction on the basis of mandatory rules.
- Dutch law applies to the legal relationship between Wille Donker advocaten and the client.
- These general terms and conditions can also be invoked by the partners of Wille Donker advocaten and the companies directly or indirectly associated with it, as well as the lawyers and other employees associated with Wille Donker advocaten.
