Van Eeckhoutte ICT/IE advocaten - ICT/IP lawyers

General Terms of Business

  1. Van Eeckhoutte Lawyers, hereafter: 'Van Eeckhoutte' is the legal person ADVOCATENKANTOOR VAN EECKHOUTTE B.V., a Dutch limited liabillity company.
  2. All orders are exclusively excepted and executed by Van Eeckhoutte. The applicability of article 7:407 lid 2 B.W. (Dutch Civil Code) is excluded.
  3. Van Eeckhoutte accepts no liability if, and for as long as the principal does not meet his obligations. Van Eeckhoutte's liability is limited to the amount paid out in the relevant case by the occupational liability insurer. Information on the (coverage of) the occupational liability insurance taken out by Van Eeckhoutte is available on request.
  4. On bringing in third parties, Van Eeckhoutte will as much as possible consult in advance with the principal or his representatives, on whose behalf the third parties are brought in. Van Eeckhoutte is not liable for shortcomings of whatever nature of these third parties, and he is authorized, also on behalf of the principal, to accept a possible limitation of liabilities of the third parties brought in by him without prior consultation.
  5. Unless it has been determined otherwise and in writing, Van Eeckhoutte owns and holds the intellectual (property) rights to all his productions, included in these are letters, records, advice, notes, articles and all concepts thereof.
  6. The contract with Van Eeckhoutte is subject to the professional secrecy of the lawyer. Privacy and discretion are vouched for. The principal agrees that Van Eeckhoutte informs him from time to time about his services and the general legal matters that may be of importance to the principal, even after the contract has finished. The principal can nevertheless at all times request to be removed from the mailing list.
  7. The foundation Stichting Beheer Derdengelden Mr. Van Eeckhoutte receives and manages money which is not intended for Van Eeckhoutte, but for the principal or third party, as far as these money cannot be regarded as disbursements or court registry fees. The principal agrees that before-mentioned foundation transfers the money on the account of Van Eeckhoutte, in order to pay Van Eeckhoutte's expense accounts.
  8. The hourly rate of Van Eeckhoutte can be adapted annually. Such adaptation is published a month previously on www.vaneeckhouttelawyers.com and is considered to be accepted, unless the principal has objected in writing to Van Eeckhoutte before the commencing date. Van Eeckhoutte's expense accounts are send by e-mail or regular postal services and claimable after fourteen days of invoice. If the invoiced amounts are not paid to Van Eeckhoutte's bank account number within that period, this means that the principal is deemed to be in default without a need of being held to proof of default and without being allowed an appeal for suspension, retention or settlement. All activities by Van Eeckhoutte are suspended for as long as the default continues.
  9. Objections against the amount of the expense account should be motivated in writing and should be submitted within 14 days after the invoice date to Van Eeckhoutte, in absence of which the expense account is accepted without protest. If the principal and Van Eeckhoutte reach an agreement on the relevant expense account, the principal will deposit the relevant amount with the president of the Dutch Law Society, after which Van Eeckhoutte will present the file for estimating the amount of the expense account to the Supervisory Board. The principal hereby agrees that, after establishing the budget, the president will pay the budgeted amount from the deposit, to Van Eeckhoutte's bank account.
  10. Other disputes will be settled exclusively by the authorized judge in Utrecht. The legal relationship between Van Eeckhoutte and the principal is subject to Dutch law.
  11. All rights to claim which the principal may call on against Van Eeckhoutte expire under all circumstances one year after the principal became familiar with of or could reasonably have become familiar with the existence of these rights.

In case of discrepancy between the English and Dutch versions of these Terms, the Dutch version shall prevail.