These Standard Terms of Engagement for Legal Services are applicable to all offers and agreements in which the partnership GALATEA Advocaten (Dutch Chamber of Commerce number:70977577) provides services of any kind for a client of GALATEA Advocaten (hereinafter referred to as: ‘Client’). Deviations from these Standard Terms of Engagement for Legal Services are only valid if GALATEA Advocaten and Client have explicitly agreed upon these deviations in writing.
All assignments by the Client to GALATEA Advocaten – which includes additional and subsequent assignments – are accepted and carried out by the partnership GALATEA Advocaten only. This also applies if the instruction by the Client is explicitly or implicitly intended to secure the execution of the instruction by a particular person. The articles 7:404 and 7:407 section 2 of the Civil Code of the Netherlands will not be applicable.
Any and all liability of GALATEA Advocaten is limited to the amount paid out, if any, under its professional liability insurance in the matter concerned, plus the amount of the own risk deductible that is not for the account of the insurer under the policy conditions in the matter concerned. Further information about the contents of the terms and conditions of the insurance policy will be provided upon request. In the event and to the extent that no amount is paid out under the professional liability insurance for whatever reason, any and all liability of GALATEA Advocaten shall be limited to the amount (excluding VAT) actually invoiced by GALATEA Advocaten to the Client in the matter concerned, up to a maximum of EUR 15.000.
In engaging and instructing third parties, GALATEA Advocaten shall in any event reasonably exercise the necessary due care. GALATEA Advocaten is not liable for damage which is the consequence of failures of such third parties. The Client hereby authorizes GALATEA Advocaten to accept any limitations of liability of third parties on the behalf of the Client.
The performed services by GALATEA Advocaten under assignment of the Client shall be exclusively for the benefit of the Client. Third parties shall have no rights relating to the contents of these performed services. The Client indemnifies and holds GALATEA Advocaten harmless from and against any and all claims of third parties (including reasonable costs of legal assistance) relating to or arising in whatsoever manner from the activities carried out for the Client, unless they result from gross negligence or willful misconduct by GALATEA Advocaten.
All services and costs will be charged to the client periodically, with a payment term of fourteen (14) days to be calculated from the invoice date.
In case of default, a default interest of 1% of the outstanding amount is due per month or a part of a month from the due date up until the payment date. The extrajudicial collection costs are set on a minimum amount of 15% of the outstanding invoice amount (inclusive VAT).
In the event that GALATEA Advocaten started legal collection proceedings (including arbitration and binding advice), Client is obliged to pay the full amount of costs in connection with these collection proceedings. These costs include the fees of attorneys, lawyers, representatives and the fees for arbitrators or binding advisors and fixed charges, also in the event that these costs exceed an order for costs of litigation based on article 237 and further of the Dutch Wetboek van Burgerlijke Rechtsvordering. Client is obliged to pay the full amount of these costs in any event that GALATEA Advocaten invoked (internal or external) legal assistance or started collection proceedings, without the obligation to present any proof.
If applicable, GALATEA Advocaten is entitled to use received amounts in its third party account on behalf of the Client for settlement with her own invoices. If said settlement has taken place, GALATEA Advocaten will duly inform the Client in writing.
The legal relationship between the Client and GALATEA Advocaten shall exclusively be governed by and construed in accordance with the laws of The Netherlands. Disputes arising from this legal relationship shall be submitted for resolution exclusively to the competent court(s) of the Netherlands.
Addendum 1 cancellation of customized services
In the event of cancellation of customized services developed by GALATEA Advocaten at the request of the Client (such as education / evaluations / courses / training), in the event of cancellation by the Client up to one month before the start, the actual costs (out of pocket) incurred by GALATEA Advocaten will be borne by Client.
In the event of cancellation by the Client within one month but no later than two weeks before the start, the Client will owe 50% of the total contract sum in addition to the costs actually incurred by GALATEA Advocaten.
In the event of cancellation by the Client within two weeks before the start, the Client will owe 100% of the total contract sum in addition to the costs actually incurred by GALATEA Advocaten.
If, in the event of illness or accident of a trainer / consultant, an assignment cannot take place at the agreed time, GALATEA Advocaten is never obliged to compensate any damage, on the understanding that, insofar as the nature of the customized services permits, will attempt to replace the trainer / consultant within a reasonable period of time.