1. Blom c.s. Advocaten B.V. is a private company with limited liability under Dutch law, registered in the Commercial Register of the Utrecht Chamber of Commerce under number 51486636 and using the trade name(s) of Onno F. Blom Advocaten and/or Blom c.s. Advocaten. All assignments from clients are solely accepted and carried out by Blom c.s. Advocaten B.V., even if it is the client's express or implied intention that an assignment will be carried out by a specific person. Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code are hereby excluded.
2. Without exception, these general conditions are applicable to all assignments to and all services rendered by Blom c.s. Advocaten B.V., including any follow-up assignments. Any and all liability of Blom c.s. Advocaten B.V. is limited to the amount paid out, if any, under Blom c.s. Advocaten B.V.’s applicable professional liability insurance policy in the matter concerned.
3. Blom c.s. Advocaten B.V. excludes any and all liability for the proper and complete transmission of the content and attachments of e-mail correspondence, including any delay in its receipt.
4. Blom c.s. Advocaten B.V. may engage third parties in connection with the assignment from the client and shall exercise the necessary due care in its selection of third parties. Blom c.s. Advocaten B.V. is not liable for any acts and/or omissions of third parties. The client hereby authorises Blom c.s. Advocaten B.V. to accept any general conditions and/or limitations of liability of third parties on its behalf.
5. The legal relationship between the client and Blom c.s. Advocaten B.V. is exclusively governed by Dutch law. Blom c.s. Advocaten B.V. is affiliated with the Disputes Committee for the Legal Profession of the Netherlands Bar Association (Geschillencommissie Advocatuur). Any disputes shall be exclusively decided by the competent court in Utrecht, the Netherlands, unless the matter falls within the jurisdiction of the Disputes Committee and the client and Blom Advocaten B.V. have entered into an explicit written agreement to try the dispute before the Disputes Committee.
6. Unless otherwise agreed, professional fees shall be calculated on the basis of the number of hours worked, multiplied by the relevant hourly rates established from time to time by Blom c.s. Advocaten B.V.
7. Costs paid for by Blom c.s. Advocaten B.V. on behalf of the client shall be charged separately. In addition to the professional fees, 6% of the professional fees shall be charged to cover general office costs (such as postage, phone, fax, photocopying, scanning, secretarial support).
8. All amounts charged by Blom c.s. Advocaten B.V. are exclusive of VAT.
9. The services rendered and costs shall, in principle, be charged to the client on a monthly basis, subject to payment within 14 days of the date of the invoice. Invoices will be properly specified according to Blom c.s. Advocaten B.V.’s standards. A dispute regarding the invoices does not lift the client’s obligation to pay in time and in full. If payment is not made in time or in full, Blom c.s. Advocaten B.V. has the right to charge interest from the end of the payment term, calculated on the basis of the statutory interest rate. All costs of (extrajudicial) collection fall on the client.
10. The (financial) administration, file administration as well as any records of Blom c.s. Advocaten B.V., kept in paper and electronic form, will constitute conclusive evidence in the legal relationship between Blom c.s. Advocaten B.V. and the client. After the termination of the assignment, any documents relating to the file (for instance correspondence, e-mails, procedural documents) will be kept exclusively in electronic form during a period to be determined by Blom c.s. Advocaten B.V., unless Blom c.s. Advocaten B.V. has agreed, in writing, otherwise with the client.
11. The Dutch text of these general conditions is binding and shall prevail in the event of any differences between the English text and the Dutch text.