Terms and Conditions

  1. Hielkema & co is a partnership of lawyers.A list of affiliated partners will be sent to you on request. The Partnership is comprised of both individuals and private limited companies (the latter are hereafter referred to as ‘legal practices with corporate personality’, the Dutch term being ‘praktijkvennootschappen’).
  2. Any new cases will be accepted and handled exclusively by the Partnership, thereby superseding sections 7:404, 7:407, subsection 2 and 7:409 of the Dutch Civil Code. One of the objectives of the above is to ensure that the case is referred to Hielkema & co in situations where a substitute lawyer must be found in the case of holidays, sickness, and so on. It also serves to absolve the partners from joint and several liability.
  3. In handling the cases with which it has been entrusted, the Partnership will exercise the due care expected of a responsible service provider in performing all its duties and in selecting agents and third parties.
  4. Any and all liability of the Partnership or any of its affiliated partners shall be limited to the amount payable in these cases under the professional liability insurance applicable in accordance with the guidelines of the Dutch Bar Association (Nederlandse Orde van Advocaten), plus the amount of the insurance excess which is not payable by the insurer under the policy terms, except in the case of gross negligence or wilful misconduct by the Partnership. If, for whatever reason, no payment is awarded under the above-mentioned insurance, any liability shall be limited to the amount the Partnership has charged in fees to the client for the case in question and during the year in question. Any claims brought against the Partnership and/or against the individuals and legal entities specified in Article 14 of these General Terms and Conditions will be subject to prescription and expiry 12 months after the injured party had become aware, or should have been aware, of the harmful act.
  5. The choice of agents and third parties to be engaged by the Partnership will, where possible, be made in conjunction with the client and will be exercised with due care. The Partnership will not be liable for any failure on the part of such third parties.
  6. The Partnership will only be liable for failure on the part of agents and third parties if and to the extent that the resulting loss can be recovered from such agents or third parties. The Partnership is authorised to accept any limitations of liability of agents and third parties on behalf of the client.
  7. The project will be carried out exclusively for the benefit of the client; third parties are to take note that the substance of the work performed and its results do not contain any legally binding commitments.
  8. The client indemnifies the Partnership against any and all third-party claims, including expenses incurred by the Partnership in relation thereto, which are associated in any way with the services provided to the client, except in the case of gross negligence or wilful misconduct by the Partnership.
  9. If the client discloses to third parties the nature of the services the Partnership has provided on its behalf, the client will be obliged to the Partnership to inform such third parties that the work in question was performed subject to these General Terms and Conditions. If a third party were to use the content of the work in any manner, such third party will be bound by the content of these General Terms and Conditions.
  10. If the Partnership applies for a supplement from the Council for Legal Aid (Raad voor Rechtsbijstand) on the client’s behalf, the Council for Legal Aid/Raad voor Rechtsbijstand, in fulfilment of its statutory duties, may request information regarding the client (and its partner, if applicable) from government entities, including the Municipal Records Database (gemeentelijke basisadministratie) and the Dutch Tax and Customs Administration (Belastingdienst).
  11. The Partnership will send monthly invoices, depending on the amount and scope of the work involved. Invoices sent by the Partnership are generally itemised and must be paid within 14 days without the client making any claim to a discount, suspension and/or deduction or addition; if the client fails to do so, it will be deemed to be in default. The Partnership will determine in its discretion from which outstanding claim against the client a payment received by the Partnership will be deducted, unless expressly otherwise specified by the client upon payment. On completion of the case, the Partnership will prepare and send a final invoice.
  12. The Partnership will be authorised to request one or more deductible advance payments from the client, prior to o to continue its services. If no payment is received by the agreed due date of 14 days after the date of the invoice, subject to prior notice the Partnership will be authorised not to commence, or to suspend or terminate, its services. Advance payment will be deducted  from the final invoice in the case in question. In addition, the Partnership will be authorised to deduct the advance payment from any unpaid invoices. In addition, the Partnership will be otherised to deduct the advanced payment from any unpaid invoices. The Partnership will be entitled to modify its rates (including the fees) as of a future date.
  13. If expenses need to be incurred to provide the Partnership’s services (e.g. court fees, bailiff fees or application fees for extracts),  the Partnership will charge these fees onward to the client.
  14. The services provided by the Partnership are subject to the Complaints and Dispute Settlement Scheme for the Legal Profession (Klachten- en Geschillenregeling Advocatuur), with the exception of disputes relating to the collection of the Partnership’s invoices.
  15. Any loss incurred by the Partnership, that’s from any attributable to the client shall also include all costs related to court and  out-of-court measures. If the client’s failure concerns late payment of the invoices sent by the Partnership, the expenses to be incurred by the Partnership related to out-of-court legal assistance will be set at 15% of the principal sum payable, subject to a minimum of €250 plus VAT.
  16. The Partnership will be entitled to remove its archives and destroy without prior notice any files and all documents contained therein, including documents belonging to the client and/or any third parties, if a minimum of 10 years have passed after completion of a case handled by the Partnership.
  17. These General Terms and Conditions were negotiated on behalf of, among others: the members of the above-mentioned Partnership, including any current and former directors and direct and indirect shareholders, the Stichting derdengelden Hielkema & co, including their current and former directors, former partners and all those who are or were employed by them or by the Partnership, pursuant to their employment contract or otherwise, and their heirs.