TERMS AND CONDITIONS

  1. These general terms and conditions apply to all services of Hendriksen & Mühren Strafrecht Advocaten BV. (Trade Register no. 75265230 | VAT NL860214588B01).
  2. While setting aside Articles 7:404, 7:409 and 7:422 paragraph 1 under b of the Dutch Civil Code, all assignments are accepted and carried out solely by Hendriksen & Mühren Strafrecht Advocaten BV.
  3. Hendriksen & Mühren Strafrecht Advocaten BV is a private limited company that meets the requirements set by the Netherlands Bar.
  4. These general terms and conditions are also stipulated for the benefit of the company’s directors and of all persons employed by the company.
  5. Any liability of Hendriksen & Mühren Strafrecht Advocaten BV is limited to the amount paid out under its professional-liability insurance in the matter concerned, plus the amount of any deductible that, under the policy conditions, is not borne by the insurers. If, for whatever reason, no payment is made under that insurance, liability is limited to the total amount of the invoice(s) in the matter concerned.
  6. When engaging third parties Hendriksen & Mühren Strafrecht Advocaten BV shall, where reasonably possible, consult in advance with the client and shall in any event exercise due care in selecting such third parties. Hendriksen & Mühren Strafrecht Advocaten BV is not liable for shortcomings on the part of those third parties. The client authorises Hendriksen & Mühren Strafrecht Advocaten BV to accept, on the client’s behalf, any limitations of liability stipulated by those third parties.
  7. Hendriksen & Mühren Strafrecht Advocaten BV will in principle commence or continue its activities only after the client has paid an advance or, where appropriate, has provided security, unless agreed otherwise in writing. The amount thereof shall be determined by Hendriksen & Mühren Strafrecht Advocaten BV on a reasonable basis.
  8. Unless otherwise agreed in writing, the fee payable by the client shall be calculated on the basis of the number of hours spent multiplied by the hourly rates annually fixed by Hendriksen & Mühren Strafrecht Advocaten BV and increased by VAT. Costs paid to third parties on the client’s behalf—such as court fees, bailiff’s fees and expert fees—are charged separately. An amount equal to 7 % of the fee is charged as reimbursement of general office costs. General office costs include, but are not limited to, paper, postage, telephone, fax, copying and e-mail costs, as well as all other costs related to the handling of a case and to compliance with the Regulation on the Legal Profession (Verordening op de Advocatuur, Voda) and other applicable rules of the Netherlands Bar.
  9. Unless otherwise expressly agreed, Hendriksen & Mühren Strafrecht Advocaten BV will invoice its activities once every quarter. Invoices must be paid within fourteen days of the invoice date, failing which the work may be suspended and statutory interest may be charged. Collection costs are payable by the client.
  10. Upon termination of its services, Hendriksen & Mühren Strafrecht Advocaten BV will return the documents originating from the client by regular mail and archive the file. It reserves the right to destroy archived files five years after archiving, subject to the regulations applicable thereto. Court documents in criminal proceedings received from a judicial authority are either returned to that authority immediately after the case ends or destroyed. Hendriksen & Mühren Strafrecht Advocaten BV refers in this respect to the Regulation on the Legal Profession (Verordening op de Advocatuur).
  11. Subject to the applicable rules of the Netherlands Bar, including the Regulation on the Legal Profession (Verordening op de Advocatuur, Voda), Hendriksen & Mühren Strafrecht Advocaten BV is free—without prior consultation and with due regard for the client’s privacy—to cooperate with publicity concerning a matter insofar as such publicity serves the client’s interests. This freedom continues after the matter has been concluded, on the understanding that cooperation will take place as far as possible in consultation with the client. Insofar as publicity is not connected with the defence of the client’s interests, Hendriksen & Mühren Strafrecht Advocaten BV will cooperate only if the client’s interests are not prejudiced.
  12. If necessary, Hendriksen & Mühren Strafrecht Advocaten BV is free to arrange internal replacement when appearing in legal proceedings.
  13. Hendriksen & Mühren Strafrecht Advocaten BV may record the contents of telephone conversations conducted by its lawyers on an audio medium.
  14. The legal relationship between Hendriksen & Mühren Strafrecht Advocaten BV and its clients is governed by Dutch law. Disputes that are not resolved through the office complaints procedure may, at the client’s option, be submitted to the Disputes Committee for the Legal Profession (Geschillencommissie Advocatuur) in accordance with its rules or, if and insofar as that committee is not competent, to the court that is competent under Dutch law.
  15. Professional Indemnity Insurance: Hendriksen & Mühren Strafrecht Advocaten BV is insured against professional liability with AIG Europe S.A., Netherlands Branch, Crystal Building B, Rivium Boulevard 216-218, 2909 LK Capelle aan den IJssel, the Netherlands. The policy (No. SBZ440720011) provides cover of € 500,000 per claim with an annual aggregate limit of € 1,000,000. Territorial scope: claims brought in any country within the European Economic Area, the United Kingdom and Switzerland, in connection with work performed from our Dutch offices for clients established in those countries. A copy of the policy conditions will be supplied free of charge upon request.