Van Ittersum Advocatuur is a one-man business under Dutch law, established in Rotterdam and registered in the Trade Register of the Chamber of Commerce under number 89942892.
These general terms and conditions apply to all assignments carried out by Van Ittersum Advocatuur (including additional assignments or follow-up assignments) and to the legal relationships arising therefrom or related thereto. In the event of a discrepancy between the English copy of this terms and conditions, and the Dutch copy, the contents of the Dutch copy prevail.
These general terms and conditions have also been stipulated for the benefit of natural and legal persons affiliated with Van Ittersum Advocatuur and other third parties who are or have been involved, directly or indirectly, in the services provided by Van Ittersum Advocatuur. Each provision of these general terms and conditions can also be invoked by these third parties.
Van Ittersum Advocatuur can engage third parties in the performance of the assignment on behalf of and for the account of the client and will exercise due care in doing so. Van Ittersum Advocatuur is only liable for any shortcomings of third parties engaged in connection with the performance of the assignment if and insofar as the damage suffered as a result thereof can be recovered from these third parties. Van Ittersum Advocatuur assumes and hereby stipulates that every assignment entails the authority to accept any limitations of liability of third parties also on behalf of the client.
In the event that Van Ittersum Advocatuur has received an assignment together with another (legal) person, it is only liable to fulfill the obligations that expressly belong to the obligations of Van Ittersum Advocatuur. The operation of the provisions of art. 7:407 paragraph 2 of the Dutch Civil Code is excluded.
The execution of assignments given to Van Ittersum Advocatuur takes place exclusively for the benefit of the client. Third parties cannot derive any rights from this. Advice and/or other documents originating from Van Ittersum Advocatuur may not be provided to third parties without written permission from Van Ittersum Advocatuur. Third parties may not use it or rely on its content. The client indemnifies third parties against the situation in which third parties nevertheless use advice and/or other documents without written permission from Van Ittersum Advocatuur, and suffer damage as a result and hold Van Ittersum Advocatuur liable for this.
Unless otherwise agreed, the client owes Van Ittersum Advocatuur a fee that is calculated on the basis of the time spent on the case and the usual (hourly) rates at Van Ittersum Advocatuur. Costs incurred by Van Ittersum Advocatuur (such as courier costs, bailiff costs, travel and accommodation costs, registration costs, court fees and costs, including interest, charged by persons and banks not affiliated with Van Ittersum Advocatuur) are for the account of the client.
Van Ittersum Advocatuur has taken out professional liability insurance that complies with the Regulation on professional liability of the Dutch Bar Association. A copy of the policy and policy conditions will be sent free of charge upon first request.
Any liability of Van Ittersum Advocatuur is, apart from the amount of the deductible, limited to the amount to which the insurance entitles to payment. Van Ittersum Advocatuur is not liable for indirect damage, consequential damage or trading loss. If, for whatever reason, no payment is made under the aforementioned insurance policies, any liability is limited to the fee (excluding VAT) paid to Van Ittersum Advocatuur in the relevant case in the calendar year in which the error was committed, up to a maximum of € 25,000.00. The limitation or exclusion of liability referred to in this article does not apply insofar as the damage is the result of willful misconduct or willful recklessness on the part of Van Ittersum Advocatuur.
The client indemnifies Van Ittersum Advocatuur against claims from third parties, including the reasonable costs of legal assistance, which are in any way related to the work performed for the client, unless this is the result of deliberate misconduct or willful recklessness on the part of Van Ittersum Advocatuur.
If you have a complaint about the activities of Van Ittersum Advocatuur, Van Ittersum Advocatuur will be happy to discuss this in order to find a solution. Van Ittersum Advocatuur has an office complaints procedure, which can be consulted on the website. A copy of this regulation can be sent free of charge at your request.
The file formed in connection with an assignment will be kept in the archives of Van Ittersum Advocatuur for seven years after the case has been closed. There are costs associated with retrieving files from the archive. After the expiry of the aforementioned period of seven years, the file will be destroyed without further notice.
Dutch law applies to the legal relationship between Van Ittersum Advocatuur and its client. All disputes that may arise between the client and Van Ittersum Advocatuur and that cannot be resolved amicably to the satisfaction of both parties will be submitted exclusively to the competent court in Rotterdam.
mr. M. Spruit of the law firm Spruit Advocatuur B.V. in Hilversum will act as deputy for Van Ittersum Advocatuur in the event of absence or incapacity or long-term disability of mr. J. van Ittersum. Spruit will invoice its activities in the deputy directly to the clients of Van Ittersum Advocatuur at an hourly rate that it will agree with the clients at the start of the deputy, whereby it will respect the rate agreements made by Van Ittersum as much as possible. Clients of Van Ittersum Advocatuur agree in advance with this deputy arrangement.