- FIX advocaten (FIX advocaten) is a partnership (maatschap) incorporated under the laws of the Netherlands consisting of Merièm Bouiga and Femke Jorritsma (Partners), for the purpose of providing legal services.
- These general terms and conditions apply to all assignments to FIX advocaten, including supplemental and follow-up assignments. The applicability of any general terms and conditions of a client is explicitly rejected.
- The provisions of these general terms and conditions are made not only for the benefit of FIX advocaten, but also for all Partners, all persons working for FIX advocaten and all third parties engaged by FIX advocaten to carry out an assignment. All assignments are deemed to be exclusively assigned to and accepted by FIX advocaten only.
- Any liability of FIX advocaten is limited to the amount actually covered and paid out in that specific case under the professional indemnity insurance of FIX advocaten, increased by the amount of the deductible (eigen risico). In the event the insurance does not pay out any sum, the liability shall be limited to the amount of the fees paid with a maximum of € 10,000. Any liability on the part of others acting under de name FIX advocaten or engaged by the Partners is explicitly excluded.
- When engaging third parties, FIX advocaten will exercise due care in the selection of those third parties and will, to the extent possible only take place in close consultation with the client. Any liability for faults or omissions on the part of these third parties is excluded. If third parties use general terms and conditions, FIX advocaten will be authorised by the client to accept these general terms and conditions and FIX advocaten may rely on such general terms and conditions vis-à-vis the client.
- Applicability of articles 7:404, 7:407 lid 2 and 7:409 Dutch Civil Code, is excluded. Partners, persons working for FIX advocaten and third parties engaged by FIX advocaten to carry out an assignment are not personally bound by or liable for the assignment, even if the assignment was given to a particular individual.
- All services are rendered solely and exclusively for the benefit of the client. Third parties cannot rely on or invoke rights in relation to (the results of) any assignment carried out.
- The client shall indemnify and hold FIX advocaten harmless from and against any and all claims and damage that results out of or is made in connection with the proper execution of the assignment, such damage does include the costs of legal defence.
- In accordance with applicable regulations (including the Act on the Prevention of Money Laundering and Financing of Terrorism (Wet ter voorkoming van witwassen en financiering van terrorisme), FIX advocaten is under the obligation to establish the identity of its clients and, under certain circumstances, to report unusual transactions to the authorities. By instructing FIX advocaten, client confirms that it is aware of these obligations and, to the extent required, consents thereto.
- Any claim for damages will expire one year after the day on which the client became aware or should reasonably have become aware of the damage and FIX advocaten’s liability.
- These general conditions (including the limitation of liability contained therein) may be relied on by FIX advocaten and by any persons associated or formerly associated with FIX advocaten and their legal successors.
- FIX advocaten does not have a third-party or escrow account and is therefore not able to receive monies on behalf of its clients.
- The relationship between FIX advocaten and the client is governed by the laws of the Netherlands. All disputes shall be exclusively submitted to the competent court of Noord-Holland, location Haarlem (the Netherlands). FIX advocaten has a complaints procedure for complaints regarding the assignment, the quality of service or the fees. The complaint procedure can be found on fixadvocaten.nl.
These general terms and conditions are available in both the Dutch and English language. In the event of any dispute arising with respect to the contents or purport of these general terms and conditions, the Dutch language version shall prevail.