General Terms and Conditions
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General Terms and Conditions

1
Aqua Legal

  1. Aqua Legal has its registered office in Haarlem at A. Hofmanweg 1A, the Netherlands, and is registered at the Chamber of Commerce under number 61210102.

2
Applicability

  1. These General Terms and Conditions govern all work performed or to be performed by Aqua Legal for its client and all legal relationships between Aqua Legal and its client.
  2. The applicability of any general conditions of the client is explicitly excluded.

3
Engagement

  1. The legal relationship between the client and Aqua Legal is based on a best-efforts obligation and is in no event an obligation to achieve a certain result.
  2. When carrying out the order given by the client, Aqua Legal will, insofar as reasonably possible, exercise due care.
  3. The applicability of Sections 7:404 and 7:407(2) of the Dutch Civil Code is expressly excluded.

4
Engagement of third parties

  1. When performing the engagement Aqua Legal may engage third parties and accept limitations of liability of such third parties on behalf of the client. Aqua Legal selects such third parties with due care and, if reasonably possible, consults with the client beforehand.
  2. Aqua Legal is not liable for the actions of such third parties. The obligation to consult with the client on the engagement of third parties does not apply to the engagement of couriers and bailiffs.

5
Provision of information by the client

  1. The client is obliged to provide to Aqua Legal timely and in the desired form and manner all the data and documents that Aqua Legal, in its opinion, requires to perform the engagement.
  2. Any extra costs and fees arising from failure to provide the required data and documents, or to do so in a timely or proper manner, are payable by the client.
  3. The client warrants to Aqua Legal that the data and documents made available to Aqua Legal are correct, complete and reliable, except insofar as otherwise apparent from the nature of the engagement.
  4. If and insofar at the client so requests, the documents made available will be returned to the client.

6
Liability

  1. The liability of Aqua Legal is limited to the amount of the fee for the engagement concerned.
  2. The limitation of Aqua Legal’s liability does not apply in the event of intent or gross negligence.
  3. The limitation of liability set out in this article also applies if the loss is due to the hardware, software, registers, Internet connection or other property or information sources of third parties used when performing the engagement, or to any defect thereof.
  4. Notwithstanding the provisions of Section 6:89 of the Dutch Civil Code, the right to compensation in any event lapses twelve months after the event that directly or indirectly gave rise to the loss and for which Aqua Legal is liable. This also applies if the client claims damages on the grounds of a right taken over or acquired from a third party.
  5. The client indemnifies Aqua Legal against all third-party claims, including the reasonable costs of legal assistance, that are in any manner related to or arise from the work performed for the client, except in the event of intent or gross negligence on the part of Aqua Legal.

7
Fee

  1. All quotations by Aqua Legal are excluding Valua Added Tax.
  2. Aqua Legal reserves the right to adjust the fees on January 1stof every year.
  3. Invoicing of the work done By Aqua Legal will be done monthly or directly after comleting the work, in accordance with the agreed fee. On request of the client, a specification will be added to the invoice.
  4. Payment term will be within 14 days of the date of the invoice.
  5. After that period the client is deemed to have accepted the invoice as correct, unless the client objects in writing before that time, and the client may be charged interest at a rate of 1% per month.
  6. When performing the engagement, Aqua Legal may at any time demand advance payment of the agreed fee and Value added Tax.
  7. The work may be suspended if the client fails to pay an invoice on time.
  8. If an advance has been paid, it is set off against the final invoice for the engagement, unless otherwise agreed.

8
Destruction of files

  1. The case file compiled is kept for a period of maximum ten years, after which Aqua Legal is authorised to destroy the file.

9
Confidential information

  1. Aqua Legal shall treat all information received from the client as confidential unless it can be reasonable presumed that such information is not confidential. When Aqua Legal engages a third party in the performance of the agreement, Aqua Legal shall be entitled to share the information with this third party, unless the client has indicated that its prior approval must be requested.
  2. In accordance with specific legal obligations (such ad the Dutch Act on the prevention of Money Laundering and Terrorist Financing) Aqua Legal may be obliged to supply such information to third parties without Aqua Legal being permitted to report this to the client. The client acknowledges such legal obligations and accepts that Aqua Legal shall abide by this obligations and will not oppose nor prevent or hinder the fulfillment of these legal obligations by Aqua Legal.

10
Data protection

  1. With respect to the protection of client data and third-party data Aqua Legal will act with the care that may be expected of it in the circumstances of the case.
  2. Aqua Legal will not be liable for loss of data or other loss caused by unauthorised access, regardless of whether that loss of data or other loss is due to the dispatch of those data.

11
Termination

  1. Each party is entitled to terminate the engagement respecting the following notice periods:
  2. – In the event of a long term engagement with a fixed term or for an indefinite term, with a fixed fee, the notice period will be 2 months;
  3. – In the event of a (long term) agreement (fixed term or indefinite) based on an hourly fee the notice period will be one week.

12
Language

  1. These General Terms and Conditions are available in both Dutch and English. In the event of interpretation differences between the two language versions, the Dutch text shall prevail.

13
Governing law and competent court

  1. The engagement between Aqua Legal and its client is governed by Dutch law.
  2. Any dispute arising from that engagement is exclusively submitted to the competent Court of Noord-Holland, location Haarlem.