(The general terms and conditions in the Dutch language shall prevail over the general terms and conditions in the English language, which only serve as a free explanatory translation of the original text in Dutch)
PHAROS advocaten is the name of the alliance between the private limited liability company ADB–vastgoedadvocatuur B.V. the private limited liability company N.A. Luijten Holding B.V., the private limited liability company MN Advocatuur B.V., the private limited liability company Mr. S.D. Arnold Holding B.V. and the private limited liability company Oscar Pilgrim B.V., the legal entities via which the law practice is conducted by mr. J.M. de Bruijn, mr. N.A. Luijten, mr. M. Niermeijer, mr. S.D. Arnold and mr. Y.N. Rosina respectively.
A commission/ assignment is solely entered into the client on the one hand and on the other hand either (i) ADB–vastgoedadvocatuur B.V., (ii) N.A. Luijten Holding B.V., (iii) MN Advocatuur B.V., (iv) Mr. S.D. Arnold Holding B.V. or (v) Oscar Pilgrim B.V. These general terms and conditions govern all commissions/ assignments, supplemental commissions/ assignments, follow-up commissions/ assignments and other activities.
Wherever it is referred to PHAROS advocaten, ADB–vastgoedadvocatuur B.V. N.A. Luijten Holding B.V., MN Advocatuur B.V., Mr. S.D. Arnold Holding B.V. and/or Oscar Pilgrim B.V. is meant.
Each and every liability of PHAROS advocaten, if any, is limited to the total amount paid out in the case in question under the professional liability insurance–policy concerned.
PHAROS advocaten shall act with due care in hiring services from third parties. PHAROS advocaten is not liable for any defaults or unlawful or wrongful acts performed by such third parties. The client herewith grants the power to PHAROS advocaten to accept on behalf of the client possible limitations of liability stipulated by third parties. In case of holidays, illness or other impediments, PHAROS advocaten shall take effort to organize appropriate observations/ performance, in the event this is deemed necessary.
The activities are solely performed for and on behalf of the client. Third parties cannot derive any rights or privileges from this. The client indemnifies and holds harmless PHAROS advocaten from any and all claims or titles from third parties, amongst others – but not limited to – the costs of legal assistance, that relate to the activities performed by PHAROS advocaten.
The legal fee is calculated on the basis of the number of hours worked times the agreed hourly fee. The level of the hourly fee may be changed by PHAROS advocaten during the course of the commission/ assignment. Costs made for and on behalf of the clients, such as VAT–taxed or non–taxed disbursements, will be invoiced to the client. Traveling costs, if any, will be invoiced to the client on the basis of a fixed price per kilometer exclusive of VAT.
Activities performed will be invoiced monthly in arrears. The term for payment is 14 days after the date of the invoice. In the event payment is not received within this term, the client is legally in default and is due to pay legal interest to PHAROS advocaten. In the event the client still refuses to pay after being summoned to, the client furthermore is due to pay another 10% for extralegal costs.
PHAROS advocaten is entitled to invoice an advance payment to the client at any time, also during the course of the commission. Such advance payment will be settled with the final invoice. For advance payments no interest will be compensated. Advance payments in various matters for the same client may be settled amongst one another, at any rate, an advanced payment in one matter may be applied as advanced payment in another matter where no advance payment was invoiced.
In the event the client fails to make timely payment, which also includes advance payment, PHAROS advocaten is entitled, after prior notice, not to commence the activities, to discontinue/ suspend performance of the activities or to cease the activities. PHAROS advocaten is not liable for any possible damage resulting from this.
The commission/ assignment agreement is governed by the laws of the Netherlands. Disputes that may arise will be submitted to the local Dutch court that has jurisdiction.