These general terms and conditions apply to any contract for services or other legal relationship between Notariskantoor Theunissen and the client.
Any request for information or for the preparation of notarial deeds, powers of attorney, declarations, opinions, letters or advice is understood to be an assignment given for this purpose by the client, unless the client informs Notariskantoor Theunissen in writing, within forty-eight (48) hours after receipt of the first written document, that he/she has not given any assignment. “In writing” and “written document” are also understood to be e-mail and fax.
All assignments are only accepted by Notariskantoor Theunissen with the exclusion of Articles 404, 407(2) and 409 of Book 7 of the Dutch Civil Code.
Any liability of Notariskantoor Theunissen is limited to the actual amount paid out in the relevant case by the professional liability insurer of Notariskantoor Theunissen, not increased by the amount of the excess that is payable by Notariskantoor Theunissen under the policy conditions.
If and insofar as no payment is made under the professional liability insurance policy, the liability for the total damage or loss related to work performed by Notariskantoor Theunissen will be limited to the amount paid by the client to Notariskantoor Theunissen for the work in connection with which the damage or loss occurred.
In derogation of the above, any liability of Notariskantoor Theunissen in respect of fiscal levies will be limited to nil. In case of any tax-related matters, the client undertakes to be represented by a tax consultant or other expert.
The exclusions of liability described in Article 3 apply to events, actions and omissions and also apply to the improper functioning of equipment, software, data files, registers or other resources, without exception, used by Notariskantoor Theunissen in the provision of its services as well as to the interception of audio and/or data transmissions by telephone, fax or e-mail. All e-mail communications, data traffic, audio traffic, fax and telephone communications shall be unencrypted, unless expressly requested by the client in advance and in writing.
Without prejudice to the provisions of Article 89 of Book 6 of the Dutch Civil Code, the right to compensation will in any case lapse twelve (12) months after the event which directly or indirectly caused the damage or loss and for which Notariskantoor Theunissen is liable.
For the execution of the assignment, the client owes a fee, plus disbursements and turnover tax, jointly constituting the fee note. Unless a fixed price has been agreed upon, the fee will be determined on the basis of the time spent and the hourly rate agreed upon. The fee may be increased as the assignment needs to be carried out with more urgency. The fee does not depend on the outcome of the assignment given.
The fee note must be paid in full and without any set-off upon the signing of the notarial deed or, if agreed upon, within ten (10) days of the invoice date. If a fee note is not paid by the payment deadline, statutory interest will be charged on the final amount of the fee note. If no payment is made after a demand to that effect, the client will also owe extrajudicial collection costs amounting to at least ten percent (10%) of the final amount of the fee note, but amounting to at least twenty euros (€ 20.00). Notariskantoor Theunissen reserves the right to suspend its work for the client, if the fee note is not paid by the payment deadline and the client has been informed of this. Notariskantoor Theunissen is not liable for any damage or loss arising as a result of this suspension of the work.
If an assignment is given by several persons, each of them will be jointly and severally liable to pay the fee note. If the assignment is given by a natural person on behalf of a legal entity, the assignment is deemed to have also been given by the natural person.
The client undertakes to provide all facts and circumstances that could be important for a correct execution of the assignment. The client guarantees the correctness and completeness of all information provided to Notariskantoor Theunissen.
If any third parties are engaged, Notariskantoor Theunissen will consult the client as much as possible. Notariskantoor Theunissen is not liable for any failures on the part of third parties it has thus engaged.
All stipulations in these general terms and conditions have also been made for all persons who work or worked for Notariskantoor Theunissen in salaried employment or otherwise.
The legal relationship between Notariskantoor Theunissen and the client is governed by Dutch law. Dutch courts have exclusive jurisdiction in any dispute between the client and Notariskantoor Theunissen.