General Conditions

  1. SwitchLegal is a trade name of Merel Dorgelo, attorney in Amsterdam, The Netherlands.
  2. These general conditions are applicable to all instructions from clients to SwitchLegal. All conditions are made also in favour of all persons and entities who act for SwitchLegal.
  3. Instructions to SwitchLegal will be deemed to be instructions accepted by and carried out by SwitchLegal only. The provisions of Article 7:404, 7:407 section 2 and 7:409 of the Dutch Civil Code will not be applicable.
  4. Except in case of wilful misconduct and gross negligence by SwitchLegal, client shall indemnify and hold harmless SwitchLegal for all claims, including claims of third parties and including all related costs and expenses incurred by SwitchLegal in connection with such claims.
  5. Any liability of SwitchLegal is limited to the amount to which a claim is awarded under the professional liability insurance(s) concerned. Information about the (cover under the) professional liability insurance(s) entered into by SwitchLegal will be furnished upon request.
  6. Engaging third parties on client matters, will be done by SwitchLegal in so far as practically possible after consultation with the client concerned. It will exercise due care in selecting these third parties. SwitchLegal shall not be liable for any shortcomings of these third parties and is entitled, without prior consultation with the client (also) on behalf of the client to accept any liability restriction on the part of third parties it engages.
  7. The carrying out of instructions shall take place exclusively on behalf of the client. Third parties cannot claim any rights on the contents of the activities carried out. Except in case of wilful misconduct and gross negligence by SwitchLegal, the client shall indemnify and hold harmless SwitchLegal for all claims of third parties, including all related costs and expenses incurred by SwitchLegal in connection with such claims.
  8. Unless agreed otherwise the fees charged for services provided by SwitchLegal shall be charged on an hourly basis multiplied with the applicable rate to be increased with a percentage of the professional fees to cover general office costs (such as postage, phone, fax, photocopying), VAT and costs paid by SwitchLegal on behalf of the client. Invoices sent by SwitchLegal must be paid in full within 14 days. Failing the timely payment, the client shall be deemed to be in default. SwitchLegal shall then be entitled to charge the client an interest of 1% per month and extra judicial collection costs of 15% with a minimum amount of EUR 500 or such actual forfeited costs when they are higher. SwitchLegal shall be entitled to request a prepayment for services to be provided, increased with office costs and VAT.
  9. All relationships between SwitchLegal and its clients, as well as those who make use of its services, are governed by the laws of The Netherlands. Disputes shall be submitted exclusively to the competent court in Amsterdam, The Netherlands.
  10. All rights of action and other powers of whatever nature vis-à-vis SwitchLegal related to services provided by SwitchLegal shall lapse in any event one year after the moment on which the party involved is aware or could reasonably be aware of the existence of these rights and powers.
  11. These general conditions are drawn up in Dutch and in English. The Dutch text is binding.

 

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