Article 1

Hoesseinzada Legal Services, with registered office in Arnhem (trade register number 88166287), is sole proprietorship incorporated under Dutch law. Its object is to practice in the legal profession.

Article 2

All services and other activities are carried out by Hoesseinzada Legal Services under a contract for professional services concluded with it, unless otherwise agreed upon in writing. All instructions shall be accepted exclusively by Hoesseinzada Legal Services. In the carrying out of the instructions, Hoesseinzada Legal Services may engage third parties. Hoesseinzada Legal Services shall not be liable for any shortcomings on the part of any third parties engaged by Hoesseinzada Legal Services. Hoesseinzada Legal Services is hereby authorized by the client to accept any third parties’ limitations of liability on client’s behalf. 

Article 3

Instructions are carried out by Hoesseinzada Legal Services exclusively for the benefit of the client. Third parties may derive no rights from the instruction and any activities performed in relation thereto.

Article 4

The client indemnifies and holds Hoesseinzada Legal Services harmless from and against any and all claims from third parties as well as any costs to be incurred with respect thereto by Hoesseinzada Legal Services, including the cost of legal aid, arising from the activities performed by Hoesseinzada Legal Services for the benefit of the client.

Article 5

The client grants permission to the processing of personal data within the organisation of Hoesseinzada Legal Services, in accordance with the privacy statement, as published on www.hoesseinzada.com/privacy-statement.

Article 6

The client can only call upon Hoesseinzada Legal Services for damages resulting from or in relation to the carrying out of an instruction. An instruction to Hoesseinzada Legal Services also entails the waiver of any right, to the extent possible in law (i) to hold Hoesseinzada Legal Services liable, on any grounds whatsoever, for damages resulting from or in relation to the carrying out of an instruction, as well as (ii) to take any legal measures against Hoesseinzada Legal Services, including the levying of attachment.

Article 7

If arising from or in connection with the carrying out of an instruction an event should occur as a result of an act or omission, leading to liability towards the client on the part of Hoesseinzada Legal Services, such liability shall always be limited to the amount paid out in the relevant case under the professional liability insurance taken out by Hoesseinzada Legal Services, increased with the amount of the policy excess payable by Hoesseinzada Legal Services in the relevant case under the insurance agreement.

Article 8

All actions for damages against Hoesseinzada Legal Services shall become time-barred one year after the day on which the client has become acquainted with the existence of damages and the liability in question.

Article 9

Fees shall be payable by the client to Hoesseinzada Legal Services for the carrying out of an instruction, plus disbursements and value added tax and, if applicable, office expenses. Unless otherwise agreed upon, the fees will be calculated on the basis of the number of hours worked, multiplied by the hourly rate to be determined by Hoesseinzada Legal Services.

Article 10

Hoesseinzada Legal Services is authorized to set off any advance that has been paid towards the invoice the client against the oldest outstanding invoice. Hoesseinzada Legal Services does not dispose of a foundation for third party funds (Stichting derdengelden) and Hoesseinzada Legal Services will therefore not receive any third party funds.

Article 11

Invoices from Hoesseinzada Legal Services are payable within fourteen days, without set off or suspension. In the absence of timely payment despite a written request to that effect, Hoesseinzada Legal Services is authorized to charge the client for extrajudicial collection costs.

Article 12

In case of non-payment for the services carried out by or at the instructions of Hoesseinzada Legal Services for the benefit of the client, Hoesseinzada Legal Services is authorized to suspend its services until full payment of the outstanding invoices has been made. Any liability on the part of Hoesseinzada Legal Services for damages that may arise as a result thereof shall be excluded.

Article 13

Hoesseinzada Legal Services has in place a procedure for the handling of complaints, which applies to all of its services. The complaints procedure will be sent upon request and is available on www.hoesseinzada.com/complaints-procedure.

Article 14

With the exception of files to which special statutory holding regulations are applicable, a file shall be kept for at least five (5) years in physical and/or electronic form (starting from the date of the final invoice), after which Hoesseinzada Legal Services has the discretion to destroy the file without further notice.

Article 15

Unless otherwise agreed upon in writing, these general terms and conditions shall apply to all contracts for professional services concluded with Hoesseinzada Legal Services. They shall furthermore apply to all additional and subsequent instructions.

Article 16

The legal relationship between the client and Hoesseinzada Legal Services, as well as any legal relationship that arises from the carrying out of an instruction, on any ground whatsoever, is governed by Dutch law. Disputes will be submitted exclusively to the competent court in Arnhem.