General terms and conditions
General terms and conditions Meijers Canatan Advocaten LLP
- Article 1, General
1. These general terms and conditions shall apply from 2020.
2. Meijers Canatan Advocaten LLP is a limited liability partnership established under the laws of England and Wales and registered at Companies House under registration number OC431277. Meijers Canatan Advocaten LLP has its registered office at 262 Bedfont Lane, Feltham, Middlesex TW14 9NU, United Kingdom, its principal place of business at Herengracht 478 1017 CB Amsterdam, the Netherlands and is registered with the Dutch Trade Register of the Chamber of Commerce under number 77839080.
3. These general terms and conditions apply to all assignments given by clients to Meijers Canatan Advocaten LLP (hereinafter referred to as "Meijers Canatan Advocaten") or to its lawyers or employees, including any follow-up, amended or additional assignments. Each lawyer works as an independent professional practitioner, either as a natural person or as a legal entity. It is also possible
It is also possible that a lawyer is employed by Meijers Canatan Advocaten. This also applies to the legal
employees. These general terms and conditions are also applicable to these persons.
4. All assignments are deemed to have been given to and will be accepted exclusively by or on behalf of
Meijers Canatan Advocaten, even if it is the explicit or implicit intention that an instruction will be carried out by one or more specific persons.
5. Deviating or supplementary conditions are only valid after prior written agreement. The
The stipulations of these general terms and conditions are furthermore applicable to any legal relationship that
The stipulations of these general terms and conditions shall furthermore apply to any legal relationship arising as a result of or in connection with the use of the websites maintained by Meijers Canatan Advocaten, with due observance of the usual disclaimers for internet use.
6. The legal relationship between the client and Meijers Canatan Advocaten is subject to Dutch law.
Dutch law. All disputes, insofar as not covered by the scope of the disciplinary law as
All disputes arising from the legal relationship between the client and Meijers Canatan Advocaten, insofar as they are not covered by the disciplinary rules referred to in the Advocatenwet, shall be
decided by the competent court in Amsterdam.
7. By giving an instruction, the client explicitly declares to have taken cognisance of these
By giving an instruction, the client explicitly declares to have taken cognisance of these General Terms and Conditions and declares to agree with them.
- Article 2, assignment
1. All assignments shall be deemed to have been issued to and accepted by Meijers Canatan Advocaten exclusively. Articles 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code do not apply to assignments accepted by or on behalf of the B.V. Third parties cannot derive any rights from the work performed and from the results thereof.
2. The implementation of agreed assignments will take place exclusively on behalf of the
client. Unless Meijers Canatan Advocaten LLP has expressly agreed to this in writing in advance, others than the client may not rely on the results of the work carried out for the client.
Unless this has been expressly accepted in writing in advance by Meijers Canatan LLP, others than the client may not rely on the result of the work carried out for the client or the
may not rely on or derive any rights from the results of the work performed for the client.
derive any rights from it.
- Article 3, use of third parties
Meijers Canatan Advocaten shall exercise due care in engaging third parties who are not part of its organisation and shall select such third parties as far as reasonably possible.
take the necessary care and consult with the client as much as reasonably possible in the selection of these third parties.
reasonably possible, consult with the client. Any liability for shortcomings of these third parties is excluded.
Any liability for shortcomings of these third parties is excluded. These general terms and conditions are also stipulated on behalf of any third parties
These general terms and conditions are also stipulated for the benefit of any third party who is involved in the performance of any assignment, whether or not in the service of the client, or who is or may be liable in connection therewith.
These general terms and conditions are also stipulated for the benefit of any third party, whether or not in the service of the client, who is or may be liable in connection with the performance of any assignment. The costs involved in engaging third parties shall be charged to the client.
The costs involved in engaging third parties shall be charged to the client.
- Article 4, confidentiality
Meijers Canatan Advocaten is bound to secrecy of all that comes to its attention during the treatment of a case regarding the person of
Meijers Canatan Advocaten is obliged to observe secrecy with respect to all that comes to its knowledge in the course of handling a case about the person of the client, the nature and extent of his
interests in the case and otherwise of everything covered by the obligation of confidentiality. Meijers
Canatan Advocaten shall take all appropriate measures to maintain confidentiality and secrecy.
confidentiality and secrecy. Nevertheless, unless the contrary is agreed in writing, the following shall apply to the assignment
Nevertheless, unless the contrary is agreed in writing, the following shall apply to the assignment
The client grants permission to use all means of communication customary at that time, in particular internet and email applications. The use of such means is entirely at the client's risk, except in the case of intent or gross negligence.
- Article 5, fee and invoicing
1. Unless otherwise agreed in writing, the fee shall be determined as follows:
In cases in which the assistance is provided by means of addition (so-called 'pro deo' or financed legal aid)
legal aid) :
The own contribution determined by the Legal Aid Board, if any.
In cases without legal aid, in which the assistance is fully at the expense of the client:
The number of hours worked multiplied by the applicable rates as agreed between Meijers Canatan
Lawyers and the client.
2. The work will in principle be charged to the client on a monthly basis, unless
The work will in principle be charged to the client on a monthly basis, unless the amount of time spent or to be spent gives rise to an interim invoice. The
The term of payment is 14 days from the date of invoice. In the absence of timely payment
Meijers Canatan Advocaten is entitled, without further notice of default, to charge statutory interest.
charge the legal interest. At all times an advance payment can be asked for for work done or to be done.
3. Invoices will be accompanied by a specification of the hours worked to the extent possible,
rounded off to 6-minute units. If and in so far as work is performed on the basis of an advance
If and insofar as work is performed on the basis of an advance, the client will in principle receive the hourly specification with the final invoice. On request, an hourly
On request, an hourly specification will be provided to the client in the interim.
4. Depending on the nature of the case and the work to be done, Meijers Canatan Advocaten is free to deviate from the principle of charging for work done.
Advocaten is free to deviate from the principle of billing on the basis of hours worked.
5. Expenses paid for the client will be charged separately.
6. Work may be suspended if no advance payment is available to cover it.
The full costs incurred in and out of court to collect invoices are for the account of the client.
7. All amounts are in euros and exclusive of VAT, unless explicitly stated otherwise.
8. Meijers Canatan Advocaten shall comply with the obligation to report in accordance with the Money Laundering and Terrorist Financing (Prevention) Act (Wwft). Reference is made to the Wwft manual of the Netherlands Bar Association (https://www.advocatenorde.nl/handleiding-wwft-voor-advocaten).
9. The client, who is eligible for financed legal aid, declares that he agrees to be assisted on a
9. The client who is eligible for financed legal aid agrees to be assisted on a paid basis, if this is agreed upon in the above-mentioned sense with the
9. Client who is eligible for financed legal aid agrees to be assisted on a paid basis, if this is agreed in the aforementioned sense with the lawyer who accepts the assignment, by payment of an advance or the invoice(s).
- Article 6, activities
The activities of Meijers Canatan Advocaten that are invoiced for in the execution of an assignment include
of the assignment shall include:
- handling of incoming and outgoing telephone calls with the client and/or others, in order to
others, for the execution of the assignment given to it;
- handling of incoming correspondence, including incoming electronic mail
- drafting outgoing mail, including outgoing electronic mail; - handling incoming and outgoing telephone calls with the
- researching and studying literature and case law;
- studying the (procedural) documents, correspondence and other documents submitted by the client,
financial documents and all other written documents at the commencement of the engagement,
as well as all written documents that are offered to the lawyer or lawyer-in-charge after the commision
lawyer and which relate to the instruction. Written documents
written documents are also understood to mean electronic files;
- holding meetings inside and outside the office;
- attending hearings;
- drafting procedural documents;
- visiting places of detention, police stations and prisons;
- travelling to and from court sessions;
- meetings and appointments outside the office, including waiting times at the cantonal courts,
Courts, Court of Appeal, Prison Houses, Police Stations etc.
- Article 7, liability
1. Any liability of Meijers Canatan Advocaten is limited to the amount that is paid in the case in question pursuant to its
Any liability of Meijers Canatan Advocaten is limited to the amount paid in the case in question under its professional liability insurance
Any liability of Meijers Canatan Advocaten is limited to the amount that is paid in the case concerned under its professional liability insurance, increased by the amount of the excess applicable under the insurance in the case concerned.
applicable excess under the insurance in the case concerned. Meijers Canatan Advocaten has taken out professional liability insurance for all lawyers and other staff members connected to or employed by the firm with HDI Global Speciality SE, Westblaak 14, 3012 KL, Rotterdam. The insured amount per claim is maximum EUR 500,000 and per insurance year maximum twice the insured amount.
2. If, for whatever reason, no payment is made under the aforementioned insurance policies, any liability will be limited to three times the insured amount.
If for any reason whatsoever no payment should take place under the aforementioned insurances, all liability shall be limited to three times the amount paid out to Meijers Canatan Advocaten in the
amount paid to Meijers Canatan Advocaten by the client in the matter concerned in the relevant calendar year, to a maximum of
Any liability is limited to three times the amount of the fee paid by the client in the relevant case in the relevant calendar year, up to a maximum of €15,000. -.
3. For liability with respect to third parties engaged by the client, see Article 3
of these general terms and conditions.
4. Meijers Canatan Advocaten cannot guarantee the confidentiality of (electronic) means of communication.
Meijers Canatan Advocaten cannot guarantee the confidentiality of (electronic) means of communication. The client can request (in due time) to use the electronic means present at Meijers Canatan Advocaten for the sending of any specific message.
The client can request (in due time) to use the electronic security possibilities present at Meijers Canatan Advocaten before sending any specific message.
available at Meijers Canatan Advocaten. Meijers Canatan Advocaten is not liable for the incorrect or incomplete
incomplete transmission of information or delay in the receipt of e-mail and other forms of data traffic.
of data traffic. Meijers Canatan Advocaten is also not liable for damages resulting from the
use of electronic means as a result of non-delivery, interception or manipulation
(electronic) messages by third parties or by software/devices used for (electronic) communication and
(electronic) communication and transmission of viruses and other malicious software.
- Article 8, retention period
The retention period of files (procedural documents, not being shadow documents in criminal cases, relevant correspondence
correspondence and agreements) is five years, to be counted from the date of the final notification to the client or the irrevocable
to the client or the irrevocable nature of a judicial decision to which the activities pertained.
related. After this period, the files are destroyed. The retention period can
The retention period may only be deviated from by means of a further written agreement. In the absence of
such an agreement Meijers Canatan Advocaten is released from the storage obligation after five years.
- Article 9, termination
Meijers Canatan Advocaten is authorised to terminate the agreement to provide services with immediate effect without
Without the intervention of a court of law, in the following cases
- The client damages or has damaged the good name of Meijers Canatan Advocaten and this is based on objective and verifiable facts.
and this is established on the basis of objective and verifiable facts;
- The client does not cooperate as required with the assignment given to Meijers Canatan
The client does not give the required cooperation to the assignment given to Meijers Canatan Advocaten.
- There is a difference of opinion between the client and Meijers Canatan Advocaten concerning the
the way in which the assignment to provide services should be looked after and this dispute cannot be
can be resolved by mutual consultation;
- Between Meijers Canatan Advocaten, or the attorney handling the case, and the client
A breach of trust arises that impedes the proper protection of the interests of the client.
interests of the client.
- Article 10, third-party funds
Third-party funds are funds that the Stichting Derdengelden Meijers Canatan Advocaten receives from Meijers Canatan Advocaten on behalf of the client.
Meijers Canatan Advocaten receive on behalf of the client in a trust account with the ABN AMRO Bank in Amsterdam.
ABN AMRO Bank in Amsterdam.
- Article 11, amendment and location of these terms and conditions
These general terms and conditions can be found on the website of Meijers Canatan Advocaten
(www.meijerscanatan.nl). The last published version or the version which applied at the time of the conclusion of the agreement(s) shall always apply.
applicable at the time of the conclusion of the agreement(s).
- Article 13 Complaints procedure
The firm participates in the Complaints and Disputes Scheme for the Legal Profession. The Complaints Regulation can also be found on the website and describes the internal complaints procedure.
- Article 14 Protection of personal data
In the execution of the assignment, Meijers Canatan Advocaten shall take appropriate measures to preserve confidentiality and secrecy. Meijers Canatan Advocaten processes (collects, uses, stores, provides and destroys) personal data in accordance with its Privacy Statement which can be found on the website.