General Terms and Conditions Tanger Advocaten N.V.

  1. These General Terms and Conditions apply to all services provided by Tanger Advocaten N.V. Tanger Advocaten N.V. is always the contractor, not any natural person or legal entity affiliated with Tanger Advocaten N.V. In addition to Tanger Advocaten N.V., all natural persons and legal entities directly or indirectly involved in the performance of the Client’s assignment may invoke these General Terms and Conditions. The applicability of general terms and conditions of the Client is hereby explicitly excluded.
  2. All engagements granted by clients are granted exclusively to Tanger Advocaten N.V. This also applies when it is the express or tacit intention that an assignment is to be executed by a certain person. Sections 7:404, 7:409 and 7:422 paragraph 1 under b of the Dutch Civil Code are therefore excluded, as well as Section 7:407(2) of the Dutch Civil Code, which imposes a joint and several liability where two or more persons have been assigned to a case. The directors and those who work for Tanger Advocaten N.V. are not personally bound or liable.
  3. When engaging the services of third parties Tanger Advocaten N.V. will exercise the necessary due care. If reasonably possible, Tanger Advocaten N.V. will consult with the Client about such engagements, except for those with couriers and bailiffs. Tanger Advocaten N.V. is not liable for the failures on the part of such third parties. Tanger Advocaten N.V. is, also on behalf of the Client, entitled to accept any limitations of liability applied by third parties.
  4. Tanger Advocaten N.V. will carry out assignments exclusively for the benefit of the client. Third parties cannot derive any rights from the assignment and from the work performed in the light thereof. If the Client discloses the result of work performed by Tanger Advocaten N.V. to third parties, the Client is obliged to inform these third parties that this work has been performed under the General Terms and Conditions. The client indemnifies Tanger Advocaten N.V. against all claims of third parties arising from or in any way connected to the work that is carried out for the client, including the costs incurred by Tanger Advocaten N.V. in the performance of their assignment and unless this liability is the consequence of intent or wilful misconduct on the part of Tanger Advocaten N.V.
  5. The liability of Tanger Advocaten N.V. and of the affiliated natural persons and legal entities is limited to the amount that is paid out in the relevant case under the professional liability insurance taken out by Tanger Advocaten N.V., to be increased by the amount of the excess that is for the account of Tanger Advocaten N.V. in the relevant case under the insurance contract. The Client can ask to have access to this policy at the office of Tanger Advocaten N.V. If and insofar, for whatever reason, no payment takes place under the professional liability insurance taken out by Tanger Advocaten N.V., any liability is limited to the amount of € 5,000.00 per assignment or, if the honorarium for the assignment in question charged by Tanger Advocaten N.V. is higher, to the amount of this honorarium.
  6. Without prejudice to the provisions of Article 6:89 of the Dutch Civil Code, the right to compensation for damages, in any case, lapses twelve months after the event from which the damage has directly or indirectly resulted and for which Tanger Advocaten N.V. is liable.
  7. Unless agreed otherwise in writing, the Client owes Tanger Advocaten N.V. a honorarium calculated on the basis of the number of hours spent multiplied by the applicable hourly rate as from time to time determined by Tanger Advocaten N.V., which can be consulted via www.tanger.nl. If a fixed hourly rate is agreed upon, it will be indexed annually. In addition to the honorarium the Client owes Tanger Advocaten N.V. the expenses paid on behalf of the Client, as well as a fee for fixed office expenses set at 5% of the honorarium and a turnover tax. At all times, Tanger Advocaten N.V. will be entitled (before any further work is performed) to demand an advance payment from the Client.
  8. Tanger Advocaten N.V. will periodically, in principle on a monthly basis, send invoices to the Client. A fourteen day term applies to the payment of the sent invoice. In absence of a payment within this term, the Client will be in default, for which a notice is not required. Tanger Advocaten N.V. will then be entitled to charge statutory interest as well as all costs necessary for the collection of the invoices, both judicially and extrajudicially.
  9. After the assignment has ended, the file will be retained digitally for seven years. Thereafter the file will be destroyed.
  10. The legal relationship between the Client and Tanger Advocaten N.V. is governed by Dutch law. Disputes arising from the legal relationship between the Client and Tanger Advocaten N.V. may only be brought before the Dutch courts.
  11. Tanger Advocaten N.V. has an internal complaints procedure. Complaints may be submitted to S. Hossaini.