- Kiveld B.V., a company with limited liability, incorporated under the laws of the Netherlands, hereafter: “Kiveld”, conducts the legal practice of Attorney at Law (“advocaat”) and Tax Lawyer (“belastingadviseur”) as an integrated entity under the name of Kiveld International Lawyers.
- Assignments directed to Kiveld or any of its employees, managing directors included, (whether or not in cooperation with others) shall only be accepted and performed by Kiveld as the sole contracting party and subject to these general conditions only, i.e. with the exclusion of other conditions. Sections 7:404 and 7:407 paragraph 2 of the Netherlands Civil Code shall not apply.
- Any liability of Kiveld for any shortcomings in the performance of an assignment shall be limited to the amount covered and paid out under the professional liability insurance taken out by Kiveld, increased by the amount of any deductible in connection with this insurance.
- When engaging third parties in the performance of an assignment, Kiveld shall exercise due care in selecting these third parties and shall consult with the client in the selection when appropriate. Kiveld shall not be liable for shortcomings of these third parties and is entitled to accept any liability restriction on the part of the third parties engaged.
- The client shall indemnify Kiveld against all claims of third parties and shall be obliged to compensate Kiveld for all reasonable expenses of conducting a defence against claims of third parties. All claims or actions of clients shall become time barred and expired if not submitted in writing and with reasons to Kiveld within one year after the client or the third party was familiar or could have been familiar with the facts on which the claim is based.
- Fees are based on time spent, nature of the work carried out, the circumstances in which the services are performed and the seniority of the staff involved. Quoted rates are exclusive of value added tax and out-of-pocket expenses. Rates may be increased with an inflation correction. Under extraordinary circumstances there could be a reason to defer from hourly rates, in which case the client will be notified in advance.
- Invoices are sent on a monthly basis and accompanied by detailed breakdowns and descriptions of work carried out. Invoices are due within fourteen days from the date of the invoice. Kiveld reserves the right to suspend or end further work in case of delay, non-payment of invoices or any other non-fulfilment of obligations towards Kiveld.
- Netherlands law shall exclusively govern the contractual relationship between Kiveld and clients. Any dispute, claim and any other issue arising out of this relationship shall be exclusively submitted before the District Court of The Hague, the Netherlands.
- The stipulations herein have been made for the benefit of and can be invoked by Kiveld, its managing directors, third parties, and all (other) persons, who are and have been employed or instructed by Kiveld.
- These general conditions are drawn up in the Dutch language and translated in English for clients’ convenience only. In case of a dispute as to its contents or tenor, the Dutch text shall prevail. The Dutch version is to be found at www.kiveld.nl under “Algemene Voorwaarden”.
© Kiveld 2011