General terms and conditions
- Under the exclusion of Book 7, Sections 404 and 407, paragraph 2 of the Dutch Civil Code, all engagements are accepted and performed exclusively by Ekelmans Advocaten N.V. (“Ekelmans Advocaten”).
- Ekelmans Advocaten is a public limited company. A list of shareholders will be sent on request.
- Unless agreed otherwise, the fee will be calculated on the basis of the number of hours worked multiplied by the hourly rates, which are set each year by Ekelmans Advocaten.
- Any liability on the part of Ekelmans Advocaten is limited to the amount that the professional liability insurer of Ekelmans Advocaten pays out for the case in question, plus the excess which is not payable by the insurer under the terms of the policy.
- Ekelmans Advocaten is not liable for the shortcomings of any third parties engaged by it and is authorized by the client to accept any limitations to the liability of third parties on behalf of the client.
- The client indemnifies Ekelmans Advocaten against any claims by third parties, including the reasonable costs of legal assistance, that are related in any way to the work performed for the client, unless the issues in question are the result of gross negligence or intentional misconduct by Ekelmans Advocaten.
- The stipulations in these general terms and conditions have been drawn up not just for Ekelmans Advocaten but also for all persons who have shares in Ekelmans Advocaten as “partners” via their holding companies, as well as all other persons working for Ekelmans Advocaten, and all persons who were engaged by Ekelmans Advocaten for the execution of any engagement and all persons for whose actions and omissions Ekelmans Advocaten could be liable. These persons have accepted this stipulation in the meaning of Book 6, Section 253, paragraph 4 of the Dutch Civil Code.
- The Ekelmans Advocaten Complaints Protocol applies to our engagements. This protocol can be found on our firm’s website and will be sent free of charge on request.
- The engagement is governed by the laws of the Netherlands. The court of first instance in The Hague has exclusive jurisdiction. This also applies in the case of preliminary relief proceedings or any similar interim injunction proceedings regarding disputes resulting from or related to the engagement.