General Terms of Nieuwstaete Advocaten
In these general terms shall be understood
Nieuwstaete Advocaten: the lawyers, both
jointly and each of them individually, who are associated with the
office on the basis of an employment agreement or
otherwise;Client: the contract party of the
office;Fee: the financial compensation
(time-proportional or otherwise) which the office charges for carrying
out the instructions.
2. General provisions
2.1 The law office of Nieuwstaete Advocaten is
a one-man business which has its head-office in the Nieuwlandstraat
130, 2729 DX Zoetermeer, the Netherlands, and which is registered in
the Chamber of Commerce for The Hague under number 27330838. These
general terms have been filed with the Chamber of Commerce for The
Hague and have been published on the website
2.2 Notwithstanding the provisions of articles
7:404, 7:407 section 2 and 7:409 of the Dutch Civil Code, all
instructions shall be accepted and carried out exclusively by the
office. Nieuwstaete Advocaten shall be the only contractual other party
of the instructing party or client.
2.3 The present general terms shall apply to
all agreements between Nieuwstaete Advocaten and the client, as well as
to all new agreements and all further (legal) actions of Nieuwstaete
Advocaten with, on behalf of or towards the client, including any
extracontractual obligations. All stipulations in these general terms
have also been made for the benefit of persons who are involved in the
realisation of the instructions and/or persons who have any liability
in connection therewith.
3.1 After a client has issued instructions, an
agreement shall have been formed only after the lawyer has accepted
these instructions in writing or orally.
3.2 The client consents to it that the lawyer,
in consultation with the client, has (certain parts of) the
instructions carried out, under his responsibility, by one or several
lawyers and/or legal employees associated with the office.
3.3 The operation of articles 7:404, 7:407 section 2 and 7:409 of
the Dutch Civil Code shall be excluded.
3.4 The instructions shall be carried out
exclusively for the benefit of the client.
3.5 Third parties shall not be able to derive
any rights from the activities carried out. The client shall keep
Nieuwstaete Advocaten harmless against any claims from third parties
which allege to have suffered a loss because of or in connection with
activities carried out by Nieuwstaete Advocaten for the benefit of the
3.6 Only after having first consulted with the
client shall the lawyer use third parties such as a bailiff or
assessor. When using third parties the lawyer shall exercise due care,
but he shall not be held liable for any losses resulting from the
action of the aforesaid third party / parties. The client shall be
deemed to have given the instructions to the third parties which
Nieuwstaete Advocaten has used for his benefit, without prejudice to
the rules of conduct of the professional organisations. Nieuwstaete
Advocaten shall be entitled, when using third parties, to accept a
limitation of liability on behalf of the client. The applicability of
article 6:76 of the Dutch Civil Code shall be excluded.
3.7 Nieuwstaete Advocaten shall make an effort
to achieve the result desired by the client, but does not guarantee
that this result will be achieved.
3.8 When carrying out the instructions
received, Nieuwstaete Advocaten shall allow itself to be guided
exclusively by the interest of the client. In connection herewith the
applicable regulations shall be respected, including the rules of
conduct for lawyers and the regulations and guidelines of the
Nederlandse Orde van Advocaten (Dutch Bar Association).
3.9 Instructions from the client shall have
been formed only after they have been accepted by the office. With
regard to the formation of instructions the office shall be represented
only by a lawyer associated with the office.
After the sending of the order confirmation and
the receipt of an - advance - payment, the defending of the client's
interest shall start, unless the lawyer makes different arrangements in
writing, for example in urgent matters.
3.10 Nieuwstaete Advocaten shall make an effort
to carry out the agreement with the client with due care and expertise.
The agreement shall be carried out exclusively for the benefit of the
client. The client shall provide Nieuwstaete Advocaten with al
information that may be of relevance for the correct execution of the
agreement, as well as any information which the office demands. The
client shall guarantee the correctness and completeness of all
information provided to Nieuwstaete Advocaten.
4.1. The liability of Nieuwstaete Advocaten and
its employees shall always be limited to the amount or the amounts
which Nieuwstaete Advocaten can claim under its professional liability
4.2. If, for any reason whatsoever, no payment
is made on the ground of the above-mentioned insurance policy, any
liability shall be limited to the fee, exclusive of other costs,
charged by Nieuwstaete in the matter concerned in the year
5. Clients' funds
5.1. Funds which Nieuwstaete Advocaten keeps in
custody for the benefit of the client, shall be deposited into a bank
account in the name of the Stichting Beheer Derdengelden Mr. R.S.
Sewdajal. By means of compensation for the costs of administration and
management of the account, no interest shall be paid over clients'
funds as referred to here.
6.1. After completion of the instructions the
original documents contained in the file shall be issued to the client
at the client's request. After completion of the case the file shall be
kept during the statutory period and shall be made available to the
client at a fee of € 35,-- excluding VAT (in order to retrieve
the file from the filing room.
7. Debit note / fee / costs
7.1. For the execution of the instructions the
client shall owe Nieuwstaete Advocaten a fee, increased by office costs
and VAT. By office costs shall be understood the office costs not to be
itemised, such as postage, telephone, telefax, photocopies, etc. These
office costs shall be determined at a lump sum of 5% of the
7.2. In addition, any disbursements shall be at
the expense of the client. By disbursements shall be understood costs
such as standing charge (court fee), bailiff's costs, attorney's fees
and the like.
7.3. Unless agreed otherwise, the fee to which
Nieuwstaete Advocaten is entitled shall be calculated on the basis of
the hourly rates established by this office.
7.4. Nieuwstaete Advocaten shall be entitled to
modify the above-mentioned hourly rates on 1 January.
7.5. With regard to the fee Nieuwstaete
Advocaten shall be entitled to charge an advance payment. This advance
payment will be applied against intermediate debit notes or against the
final debit note.
7.6. If no advance payment has been charged,
the fee shall be charged by means of interim debit notes in a regular
8.1. Payment of the debit note shall take
place, without any discount or setting off of debts, within 14 days
after the date of the debit note. If this maturity date is exceeded,
the client shall owe a default interest which shall equal the
applicable statutory interest.
8.2. The costs associated with the payment
shall be at the expense of the client.
8.3. Payment by the client shall imply recognition of the fact that
the debit note(s) is (are) owed.
8.4 If Nieuwstaete Advocaten, either directly
or through third parties, takes debt collection measures against the
client, then the costs hereof, including the debt collection and
administration costs and the advance payments, shall be at the expense
of the client.
8.5. The sums of money received shall be
applied first of all against the debt collection costs incurred, next
against the interest which has matured and finally against the sum
principal and the current interest.
8.6.If the client fails to make the payment for
the debit note(s), Nieuwstaete Advocaten shall have the right, in
addition to the aforesaid debt collection possibilities, to suspend or
cease its activities for the benefit of the client.
The lawyer concerned shall be competent to make
use of this right to suspend or cease his activities only after the
client has been notified thereof in advance and has been offered a
short period in which to fulfil his payment obligations as yet or find
another lawyer. Nieuwstaete Advocaten shall accept no liability
whatsoever for any losses which the client suffers and which arise from
the fact that the lawyer has suspended or ceased his activities as
referred to above.
8.7. Nieuwstaete Advocaten shall only transfer
the client's file to the client or to a lawyer approached by the client
if the client has paid all outstanding debit notes to Nieuwstaete
8.8. If at any time the client wishes to receive copies from his file, he or she shall be obligated to pay a sum of € 35.00 (including VAT). Only after this sum has been paid will the copies from the file be provided.
9. Applicable law and choice of forum
9.1. The instructions agreement between
Nieuwstaete Advocaten and the client shall be governed by Dutch
10. Settlement of complaints by Nieuwstaete
10.1 General provisions
In this regulation shall be understood
-Complaint: any oral or written expression of
dissatisfaction, to be qualified as such, with the services rendered by
employees of Nieuwstaete Advocaten, made by or on behalf of the
- Complainant: the client or his representative
who files a complaint;
- Complaints officer: the person who handles the complaint;
- Employee: anyone who carried out activities for Nieuwstaete
10.2 Any person has the right to file a
complaint about the way in which an employee of Nieuwstaete Advocaten
has behaved towards this person or towards another person in a certain
10.3 Nieuwstaete Advocaten shall see to it that
the handling of oral and written complaints take place in a careful
11. Filing a complaint
11.1 The complaint shall be filed in writing
with the complaints officer: mrs. R.G. Jagesar.
11.2 If the complaint is not filed with the
complaints officer but with an employee of Nieuwstaete Advocaten, the
employee shall bring the complaint to the knowledge of the complaints
11.3 The complaint shall mention at
the name and address of the
the date of filing of the
a description of the behaviour against
which the complaint is aimed.
11.4 The complaints officer shall acknowledge
receipt of the complaint within 5 working days.
11.5 In the acknowledgement of receipt the complainant shall be
informed about the complaint handling procedure.
12. Handling of a complaint
12.1 The complaint shall be handled by the complaints officer.
12.2 If the complaint will not be handled, the
complainant shall be notified thereof by the complaints officer with
mention of the reason.
12.3 I a complaint is filed the employee against whom the complaint
is made shall be notified of the complaint.
12.4 The complaints officer shall decide
whether the complainant and the person against whom the complained is
filed will be heard.
12.5 The complaints officer shall notify the
client of the decision taken in the complaint.
12.6 The complaints officer shall settle the
complaint within 4 weeks after receipt. If necessary, the complaints
officer may extend this period by 4 weeks.
12.7 No notice of objection or appeal can be
filed against the decision.
13. Analysis of the complaint
13.1 The complaints officer shall analyse the
complaints once per year.
13.2 If necessary, the complaints officer shall
submit proposals to the board of Nieuwstaete Advocaten to improve the
14.1 This regulation shall take effect on 1