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General terms and conditions
- Kroes Advocaten Immigration Lawyers (hereafter: Kroes Advocaten) is a partnership consisting of private limited liability companies. Upon request thereto, a list of the partners shall be sent.
- These General Terms and Conditions shall apply to every assignment granted to Kroes Advocaten, including every follow-up assignment or altered or supplementary assignment. All provisions contained in these terms and conditions have been drawn up also for the employees of Kroes Advocaten and anyone involved in the execution of the contract and/or anyone who could be liable in that connection.
- All assignments shall be deemed to have been exclusively granted to and accepted by Kroes Advocaten, even assignments that are expressly or tacitly intended to be executed by a specific person. The applicability of the provisions contained in Articles 7:404, 7:407.2 and 7:409 of the Dutch Civil Code are excluded. The partners and other persons working for Kroes Advocaten are neither personally bound nor personally liable.
- Liability limitations as referred to in clause 3 shall also apply to cases in which an assignment was wrongfully refused and claims result from such refusal.
- Kroes Advocaten will always exercise due care in engaging third parties. However Kroes Advocaten is not liable for the failure of such parties to perform. Kroes Advocaten has been authorised by the client to accept on the client's behalf any limitations of liability of such parties. If reasonably possible, Kroes Advocaten will consult with the client about engaging a third party. The duty of consultation will not apply at any rate to the engagement of translators, couriers, bailiffs and attorneys of record.
- Assignments granted to Kroes Advocaten shall be executed exclusively for the benefit of the client. Third parties shall not be able to derive any rights from the content of the work carried out, nor more generally from the manner in which such assignments have or have not been executed.
- If, during the execution of an assignment, an event should occur – including an act of omission – which results in a liability, such liability shall be limited to the amount or amounts that can be claimed under the professional liability insurance policy concluded by Kroes Advocaten, to be increased by the policy excess borne by Kroes Advocaten under the terms of that professional liability insurance policy. A copy of the policy terms of the liability insurance will be available for inspection at the offices of Kroes Advocaten.
- If for any reason whatsoever no benefits are payable under this insurance, liability is limited to a maximum of EUR 50,000.-. A limitation or exclusion of liability within the meaning of this article does not apply to loss or damage resulting from deliberately reckless or intentional misconduct on the part of the Kroes Advocaten.
- Any rights of action and other rights against Kroes Advocaten in connection with the services rendered by it will expire at any rate one year after the date on which the party concerned became aware of or could reasonably have become aware of the existence of those rights.
- The fee will be calculated on the basis of the number of hours worked multiplied by the hourly rate of the partners, attorneys and/or other employees of Kroes Advocaten involved in the assignment. A fixed fee based assignment is also possible. The rates will be adjusted annually. All amounts are exclusive of VAT.
- Kroes Advocaten has the right to charge for any out-of-pocket expenses (such as court registry, procurator litis and bailiff fees) separately and immediately. Kroes Advocaten has the right to require an advance payment (for the fee and/or out-ofpocket expenses) prior to the performance of her services and VAT, which will be deducted from the final fee statement. Kroes Advocaten has the right to suspend her services if and for as long as the client has not made an advance payment to cover said costs and/or fees.
- In principle the services provided on an hourly fee basis will be invoiced to the client every month, unless otherwise agreed. When the file is handled on a fixed fee base, the invoice will be sent at the start of the case. If the assignment is terminated by the client and no application is submitted, 25% of the fixed amount will be charged, 50% if the application has been prepared and 75% if the application has been submitted. The payment term will be two weeks to be counted from the date of invoice. Kroes Advocaten has the right to set off claims against the client against payments to be received on the client's behalf. The client will be deemed in default - without a notice of default being required - at any rate if payment has not been made within the payment term specified. In the event of default the client will owe interest at the statutory rate plus the extrajudicial costs of collection, which costs will be 10% minimum of the amount to be collected. Kroes Advocaten has the right to suspend its services if and as long as the client is still in arrears with payment of the invoice(s).
- Dutch law shall apply to the legal relationship between Kroes Advocaten and its clients. Only Dutch courts shall be competent to take cognizance of any dispute between Kroes Advocaten and a client.
- Kroes Advocaten participates in the Complaints Boards (Geschillencommissie) for the Legal Profession for private individuals and business (www.degeschillencommissie.nl/english).
- Not only Kroes Advocaten, but any and all persons – including those who are associated with Kroes Advocaten in any capacity, as well as third parties – who are engaged in the execution of an assignment granted by a client shall be entitled to appeal to these General Terms and Conditions.
- Kroes Advocaten retains files that have been closed for five years. After this time, they will be destroyed.
- These general conditions are drawn up in the Dutch and English language. The Dutch text is binding. This version was drafted 1 January 2022.