Licence agreement
General terms and conditions
1. Applicability
1.1. Bousie advocaten B.V. is a private limited company established under the law of the Netherlands whose objective is to act as lawyer and legal counsel.
1.2. These general terms and conditions shall apply to all engagements and supplementary follow-up engagements given to Bousie advocaten, and to legal relations stemming therefrom or connected thereto.
1.3. These general terms and conditions are also stipulated for the benefit of that/those legal person/persons directly or indirectly involved in any way in the services provided by Bousie advocaten.
2. Engagement
2.1. All engagements shall be deemed to have been issued to and accepted by Bousie advocaten. This shall also apply in the event that it is the specific or unstated intention that the engagement shall be carried out by a certain person. The scope of articles 7:404 and 7:407 paragraph 2 of the Civil Code is excluded.
2.2. The client indemnifies Bousie advocaten from claims by third parties, which shall be understood to include the reasonable costs of legal assistance, associated in any way with activities carried out on behalf of the client, unless resulting from gross negligence or intent.
3. Fee and disbursements
3.1. The costs of the execution of the engagement by Bousie advocaten shall include the fee and disbursements.
3.2. Unless the parties have specifically agreed otherwise, the fee shall be determined on the basis of hours worked and the hourly rate applicable for the engagement in question.
3.3. The hourly rate shall be determined on the basis of the basic hourly rate, to be established periodically by Bousie advocaten; this rate shall be multiplied by a factor dependent upon the experience and specialism of the person actually executing the engagement, the financial import and the urgency of the engagement.
3.4. Unless specifically agreed otherwise, Bousie advocaten shall be authorised to alter the aforementioned basic hourly rate, even during the period of an ongoing engagement.
3.5. In the event that the basic hourly rate is increased by more than 10% at one time, or within three months of commencement of the engagement, the client may dissolve the contract for professional services. The entitlement to do so shall lapse following expiry of the payment period of the first fee note subsequent to the basic rate increase.
3.6. Disbursements are the actual payments made by Bousie advocaten on behalf of the client (such as court fees, bailiff fees, fees for hiring third parties, as well lodging expenses and travel expenses to, from and in abroad) and office costs, which costs are calculated on a fixed basis of 6% of the fee.
4. Payment
4.1. Fees for work and disbursements shall be settled in arrears on a monthly basis.
4.2. The period for payment shall be 14 days.
4.3. In the event that an invoice is not settled within the period for payment, statutory interest shall be due.
4.4. In the event of failure to pay after a reminder, all (extra) judicial collection costs shall be due, in the amount of at least 15% of the fee note, with an applicable minimum of € 50,=.
4.5. In the event that a fee note or disbursement is not settled within the period for payment, Bousie advocaten may suspend its activities, after having notified the client accordingly. Bousie advocaten shall not be liable for damage resulting from this suspension of activities.
5. Advance payment
Bousie advocaten may request an advance payment from the client before commencing work on the engagements. An advance payment shall be offset at the end of the engagement, unless agreed otherwise.
6. Liability
6.1. Bousie advocaten is insured for sums under professional liability insurance.
6.2. Any liability shall be restricted to the sum paid by the insurer pursuant to the applicable insurance policy in the case in question, plus the sum in respect of own risk excess to be paid by Bousie advocaten pursuant to the insurance policy in the case in question. If for any reason whatsoever payment is not made under the aforementioned insurance, any liability shall be restricted to a sum equal to twice the fee incurred in the case in question in the twelve months preceding the liability, up to a maximum of € 50.000,=.
6.3. In the event that execution of the engagement entails the engagement by Bousie advocaten of a (legal) entity or third party which is not a part of Bousie advocaten, to carry out work in conjunction with execution of the engagement, Bousie advocaten shall not be held liable for errors which may be made by that (legal) entity.
6.4. (Legal) entities or third parties engaged in conjunction with the execution of an engagement may wish to limit their liability. All engagements issued to Bousie advocaten shall also imply the acceptance of that restriction of liability on behalf of the client.
6.5. In the event that damage is caused to property or persons in conjunction with execution of the engagement, or in any other way, for which Bousie advocaten is liable, then that liability shall be restricted to the sum paid by the insurer pursuant to the applicable insurance policy in the case in question, plus the sum in respect of own risk excess to be paid by Bousie advocaten pursuant to the insurance policy in the case in question.
6.6. Notwithstanding the provisions of article 6:89 of the Civil Code, a claim for compensation for damages expires if the claim has not been brought before the court within one year after the client was aware, or could reasonably have been expected to be aware, of the facts on which the claim is based.
7. Archiving
The file shall be retained for at least 10 years, following which Bousie advocaten shall be free to destroy the file.
8. Applicable law/competent court
8.1. Legal relations between Bousie advocaten and its clients shall be subject to the law of the Netherlands.
8.2. The Dutch court in Amsterdam is exclusively competent to hear any dispute between Bousie advocaten and a client.
8.3. These terms and conditions are also provided in the English language. In the event of a dispute over their contents or scope, the Dutch language text shall be binding. These general terms and conditions are filed at the registry of Amsterdam District court under number 173/2007. The general terms and conditions shall be sent free of charge upon request and are published on the www.bousie.nl website.
1. Applicability
1.1. Bousie advocaten B.V. is a private limited company established under the law of the Netherlands whose objective is to act as lawyer and legal counsel.
1.2. These general terms and conditions shall apply to all engagements and supplementary follow-up engagements given to Bousie advocaten, and to legal relations stemming therefrom or connected thereto.
1.3. These general terms and conditions are also stipulated for the benefit of that/those legal person/persons directly or indirectly involved in any way in the services provided by Bousie advocaten.
2. Engagement
2.1. All engagements shall be deemed to have been issued to and accepted by Bousie advocaten. This shall also apply in the event that it is the specific or unstated intention that the engagement shall be carried out by a certain person. The scope of articles 7:404 and 7:407 paragraph 2 of the Civil Code is excluded.
2.2. The client indemnifies Bousie advocaten from claims by third parties, which shall be understood to include the reasonable costs of legal assistance, associated in any way with activities carried out on behalf of the client, unless resulting from gross negligence or intent.
3. Fee and disbursements
3.1. The costs of the execution of the engagement by Bousie advocaten shall include the fee and disbursements.
3.2. Unless the parties have specifically agreed otherwise, the fee shall be determined on the basis of hours worked and the hourly rate applicable for the engagement in question.
3.3. The hourly rate shall be determined on the basis of the basic hourly rate, to be established periodically by Bousie advocaten; this rate shall be multiplied by a factor dependent upon the experience and specialism of the person actually executing the engagement, the financial import and the urgency of the engagement.
3.4. Unless specifically agreed otherwise, Bousie advocaten shall be authorised to alter the aforementioned basic hourly rate, even during the period of an ongoing engagement.
3.5. In the event that the basic hourly rate is increased by more than 10% at one time, or within three months of commencement of the engagement, the client may dissolve the contract for professional services. The entitlement to do so shall lapse following expiry of the payment period of the first fee note subsequent to the basic rate increase.
3.6. Disbursements are the actual payments made by Bousie advocaten on behalf of the client (such as court fees, bailiff fees, fees for hiring third parties, as well lodging expenses and travel expenses to, from and in abroad) and office costs, which costs are calculated on a fixed basis of 6% of the fee.
4. Payment
4.1. Fees for work and disbursements shall be settled in arrears on a monthly basis.
4.2. The period for payment shall be 14 days.
4.3. In the event that an invoice is not settled within the period for payment, statutory interest shall be due.
4.4. In the event of failure to pay after a reminder, all (extra) judicial collection costs shall be due, in the amount of at least 15% of the fee note, with an applicable minimum of € 50,=.
4.5. In the event that a fee note or disbursement is not settled within the period for payment, Bousie advocaten may suspend its activities, after having notified the client accordingly. Bousie advocaten shall not be liable for damage resulting from this suspension of activities.
5. Advance payment
Bousie advocaten may request an advance payment from the client before commencing work on the engagements. An advance payment shall be offset at the end of the engagement, unless agreed otherwise.
6. Liability
6.1. Bousie advocaten is insured for sums under professional liability insurance.
6.2. Any liability shall be restricted to the sum paid by the insurer pursuant to the applicable insurance policy in the case in question, plus the sum in respect of own risk excess to be paid by Bousie advocaten pursuant to the insurance policy in the case in question. If for any reason whatsoever payment is not made under the aforementioned insurance, any liability shall be restricted to a sum equal to twice the fee incurred in the case in question in the twelve months preceding the liability, up to a maximum of € 50.000,=.
6.3. In the event that execution of the engagement entails the engagement by Bousie advocaten of a (legal) entity or third party which is not a part of Bousie advocaten, to carry out work in conjunction with execution of the engagement, Bousie advocaten shall not be held liable for errors which may be made by that (legal) entity.
6.4. (Legal) entities or third parties engaged in conjunction with the execution of an engagement may wish to limit their liability. All engagements issued to Bousie advocaten shall also imply the acceptance of that restriction of liability on behalf of the client.
6.5. In the event that damage is caused to property or persons in conjunction with execution of the engagement, or in any other way, for which Bousie advocaten is liable, then that liability shall be restricted to the sum paid by the insurer pursuant to the applicable insurance policy in the case in question, plus the sum in respect of own risk excess to be paid by Bousie advocaten pursuant to the insurance policy in the case in question.
6.6. Notwithstanding the provisions of article 6:89 of the Civil Code, a claim for compensation for damages expires if the claim has not been brought before the court within one year after the client was aware, or could reasonably have been expected to be aware, of the facts on which the claim is based.
7. Archiving
The file shall be retained for at least 10 years, following which Bousie advocaten shall be free to destroy the file.
8. Applicable law/competent court
8.1. Legal relations between Bousie advocaten and its clients shall be subject to the law of the Netherlands.
8.2. The Dutch court in Amsterdam is exclusively competent to hear any dispute between Bousie advocaten and a client.
8.3. These terms and conditions are also provided in the English language. In the event of a dispute over their contents or scope, the Dutch language text shall be binding. These general terms and conditions are filed at the registry of Amsterdam District court under number 173/2007. The general terms and conditions shall be sent free of charge upon request and are published on the www.bousie.nl website.