seventytwo

General terms and conditions seventytwo B.V.

General

  1.         These general terms and conditions (Terms) apply to all instructions by and agreements for services between a Client and seventytwo.

 2.          In these Terms:

seventytwo means seventytwo B.V., a private limited company organised under Dutch law, having its registered office in Zandvoort, the Netherlands, and registered at the Trade Register of the Chamber of Commerce under number 77929993;

Client means the natural or legal person engaging seventytwo to provide services; and

Person Affiliated with seventytwo means every lawyer (advocaat) and every other legal or natural person that is or has been employed by or on behalf of seventytwo, as an employee or otherwise and every current or former (indirect) shareholder of seventytwo.

Engagement

 3.         An agreement for services between a Client and seventytwo will only come into existence when seventytwo or a lawyer working at seventytwo accepts a Client’s instruction. 

4.          All Client instructions and engagements are deemed to have been given exclusively to seventytwo and exclusively accepted by and carried out by seventytwo, even if the intention is for instructions to be executed by one or more specific Person(s) Affiliated with seventytwo. Articles 7:404 and 7:409 of the Dutch Civil Code will not apply. If seventytwo is engaged to provide services together with another person, legal entity or firm, seventytwo will only be liable for the performance of those obligations that are explicitly seventytwo’s obligations. Article 7:407 (2) of the Dutch Civil Code will not apply.

5.          The Client shall provide seventytwo with any information required by seventytwo, its shareholders or banks or other third parties engaged by it/them in order to meet any obligations to establish the identity of the Client and persons affiliated with the Client, including obligations under the Dutch Act on the Prevention of Money Laundering and Financing of Terrorism (Wet ter voorkoming van witwassen en financieren van terrorisme) and any obligations to report unusual transactions to the relevant authorities.

6.          The Client may terminate the engagement at any time by giving written notice to seventytwo. seventytwo may terminate the engagement by giving the Client seven days’ prior written notice. If the engagement is terminated, the Client will owe the fees for the work carried out by seventytwo before the termination of the engagement. 

Fees and invoices

 7.          The Client will owe seventytwo the agreed fee. If no fee has been agreed, the Client will owe a fee based on seventytwo’s standard rates.

8.          Expenses incurred by seventytwo (including courier, travel and accommodation costs, registration and court fees) will be for the account of the Client.

9.          seventytwo will invoice the Client on a monthly basis. Invoices shall be paid within thirty days of the invoice date. Fees and expenses owed by the Client will be increased by the applicable turnover tax (VAT) as required by law.

10.          The Client may notify seventytwo of any objections to an invoice in accordance with the Complaints Procedure referred to in paragraph 20. 

11.          seventytwo may at all times request an immediately payable advance for work carried out or to be carried out and suspend or terminate its services if the Client does not pay an invoice for advance payment on time. Any advance payments made will be set off against the final invoice in connection with the services rendered by seventytwo.

12.         seventytwo has not incorporated a foundation for client funds (Stichting Derdengelden) and is not able to receive any third party funds.  

Liability

13.         seventytwo’s liability is limited to the amount that is paid out for the relevant claim under seventytwo’s collective professional liability insurance, plus the applicable excess. Liability for damage caused by an event not covered by any insurance is limited to the amount (excluding VAT) invoiced by seventytwo and paid by the Client in relation to the relevant engagement, to a maximum of EUR 50,000.

14.          Every compensation claim will expire one year after the date on which the Client became aware or could reasonably have become aware of the damage and of seventytwo’s liability for the damage.

Engagement of third parties

15.          In providing the services, seventytwo may engage third parties (such as couriers, bailiffs, translators, experts and foreign counsel) where this is desirable for the provision of services. seventytwo is not liable for any damage caused by any action or omission of third parties engaged by it.

Confidentiality and data protection

16.          seventytwo and the Client shall keep the services as well as everything related to the services or anything they become aware of in connection with the services confidential, except where disclosure is mandatory pursuant to the law or a binding decision of a court or a governmental body or where disclosure is necessary or desirable with a view to providing the services. seventytwo shall retain its files and all documents and other data carriers it had at its disposal in connection with the services during the statutory retention period. After this period, seventytwo may destroy documents without notifying the Client.  

17.          seventytwo is the data controller for the processing of personal data in the context of its services to the Client. seventytwo processes personal data in accordance with its privacy statement.

18.          The Client agrees that seventytwo may use digital means of communication and (third party) data storage services, whether or not offered by third parties, for the purpose of communication. seventytwo cannot be held liable for damage or loss ensuing from the use of such services.

Applicable law; complaints and Disputes

19.          Every contractual and non-contractual legal relation between seventytwo and the Client resulting from or related to the work performed by or on behalf of or assigned to seventytwo is governed by Dutch law.

20.          seventytwo’s complaints procedure applies to work carried out by any Person(s) Affiliated with seventytwo.

21.         Subject to paragraph 20, every dispute resulting from or related to the work performed by or on behalf of or assigned to seventytwo or otherwise related to the legal relation with the Client (including disputes concerning its existence and its validity and any non-contractual obligations) is subject to the exclusive jurisdiction of the Amsterdam District Court, the Netherlands.

Third party stipulations

22.         The provisions of these Terms are made for the benefit not only of seventytwo, but also the Persons Affiliated with seventytwo. All that is stipulated in these Terms for the benefit of seventytwo and Persons Affiliated with seventytwo shall be considered as irrevocable third party stipulations made for free within the meaning of article 6:253 (4) of the Dutch Civil Code. The Persons Affiliated with seventytwo are not liable for any damage caused by or related to any services provided to the Client. Insofar as necessary the Client hereby waives all rights and claims it may have or acquire on any ground in relation to the Persons Affiliated with seventytwo.

1 January 2021.