General Terms and Conditions

General Terms and Conditions AGA Lawyers (effective date 1 January 2021)

In these general terms and conditions, the following definitions apply:

"AGA Lawyers": the company, established at 5652 EA Eindhoven, Zeelsterstraat 7A, registered in the trade register of the Chamber of Commerce under number 78179149, hereinafter referred to as "AGA Lawyers". AGA Lawyers is a partnership of (legal and natural persons). The partnership aims to practice law in the broadest sense of the word.
"Client":any natural and/or legal person who enters into an assignment agreement with AGA Lawyers, this person hereinafter also referred to as: "client".

Applicability of general terms and conditions

1. These general terms and conditions apply to all agreements, quotations, assignments or any other legal relationship whatsoever between AGA Lawyers and its client. These terms and conditions are also deemed to apply to all follow-up assignments and additional agreements entered into between the two.
2. The applicability of the general terms and conditions of the client(s) is expressly rejected.
3. The general terms and conditions are made available by AGA Lawyers, before or at the conclusion of the assignment agreement or with the order confirmation.

Agreement

4. Only AGA Lawyers will be considered as a contractor for assignments that AGA Lawyers carries out for its clients, even if a certain person/ body affiliated with AGA Lawyers carries out a certain assignment.
5. Articles 7:404 of the Dutch Civil Code and 7:407 paragraph 2 of the Dutch Civil Code explicitly do not apply to the services of AGA Lawyers.
6. a. An agreement is only concluded after it has been accepted by AGA Lawyers. The work will only be commenced after the agreement of assignment or order confirmation approved has been received by AGA Lawyers from the client and, if the client has been asked for this, the requested advance has also been paid.b. Each assignment is deemed to have been given exclusively to and accepted by AGA Lawyers, even if it is the express or tacit intention that an assignment will be carried out by a specific person. Application of articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code is excluded.

Liability

7. AGA Lawyers carries out its assignments with care. Unless expressly agreed otherwise, the assignment shall be deemed to be an obligation to use best efforts. AGA Lawyers can therefore not guarantee the achievement of the result intended by the parties.
8. Third parties cannot derive any rights from the performance of the work performed for the client.
9. The client indemnifies AGA Lawyers against all claims from third parties, including the costs of legal assistance, that are in any way related to or arise from the work performed for the client, except for intent or gross negligence on the part of AGA Lawyers.
10. AGA Lawyers is entitled to engage third parties in the performance of its work. It is not liable for errors and/or shortcomings in the execution of assignments of these engaged third parties.
11. Any liability of AGA Lawyers for damage towards clients and third parties is limited to a maximum of the amount to which there is a claim in the relevant case under the professional liability insurance taken out by AGA Lawyers. At the request of the client, access to the relevant policy can be provided.
12. If, for whatever reason, no payment under the insurance as referred to in the preceding paragraph should take place, the liability of AGA Lawyers or the persons working for or working for it, in whatever capacity, is limited to the fee paid by the client, all this with a maximum of € 10,000,-, except for intent or gross negligence.

Fee and payment

13. AGA Lawyers will charge the client a fee for the execution of the agreed assignment, this to be increased by VAT due and any disbursements due. All this unless expressly agreed otherwise in writing.
14. As a fee, AGA Lawyers uses an hourly rate (including VAT), which rate can be adjusted annually on the part of AGA Lawyers. From the moment of adjustment of the tariff, this will automatically apply to the new contracts without further notice, but not to the current contract agreements.
15. Unless otherwise agreed in writing, AGA Lawyers will declare monthly. Costs to be charged by third parties, such as court fees, travel, bailiff and translation costs, will be allowed to be declared directly by AGA Lawyers.
16. AGA Lawyers is always entitled to demand the payment of an advance from the client. A received advance will be deducted from the final invoice. Payment must be made within a period of fourteen days after the invoice date, without the client being entitled to apply any discount, deduction or set-off. In the event of a violation of this period, the client is in default by operation of law and the right to delay, equal to the applicable statutory interest, is due.
17. If payment of the invoice has not been paid in full within the specified period, AGA Lawyers has the right, without further notice, to suspend its work for the client in the context of the assignment granted. Suspension of work does not affect the client's obligation to pay the invoices outstanding at that time, as well as amounts still to be invoiced due to work already performed and costs incurred at disbursements. AGA Lawyers does not accept any liability for any damage suffered by the client and/or third parties as a result of the suspension of its activities. AGA Lawyers is also obliged to take collection measures against the client who is in default. All extrajudicial and judicial costs related to the collection will be borne by the client.
18. The Client agrees in advance to the settlement by AGA Lawyers of funds intended for him/her, which are held on the (third-party) accounts held by AGA Lawyers.

Dossier retention

19. Dossiers will be kept for seven years, after which they will be destroyed. The starting date of this period is the date on which AGA Lawyers last performed (substantive) work in the case. At the request of the client, the dossier can be returned to the client. AGA Lawyers will charge the client for the costs of sending the dossier.

Personal Data Act – privacy – complaints procedure

20. AGA Lawyers collects and stores personal data of the client for the execution of the assignment granted, in accordance with the Personal Data Act. AGA Lawyers will not provide personal data to third parties, unless it is obliged to do so on the basis of the law, a judicial or arbitral award or a binding opinion.
21. In the context of the execution of the assignment, AGA Lawyers processes personal data in accordance with the applicable privacy legislation. The privacy statement drawn up for this purpose can be consulted on the website of AGA Lawyers.
22. AGA Lawyers has an internal complaints procedure. If the client has a complaint about the handling lawyer, the client must address his/her complaint in writing to Mr. Giel Goossens, who will handle the complaint. The complaint will be handled by AGA Lawyers in accordance with its internal complaints procedure.

Applicable law - competent court

23. The legal relationship between AGA Lawyers and the client is governed by Dutch law. The court in Den Bosch has exclusive jurisdiction to take cognization of all disputes arising from or related to the work performed by or on behalf of AGA Lawyers.'