GENERAL TERMS AND CONDITIONS DAYONE LEGAL + TAX
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DayOne is a partnership whose purpose is to conduct the practice of law and tax consultancy. DayOne is based in The Hague and registered in the trade register of the Chamber of Commerce under number 92274013.
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These general terms and conditions apply to all services provided by and all assignments to DayOne.
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The operation of article 7:404 and of article 7:407 paragraph 2 of the Dutch Civil Code is excluded. DayOne considers all instructions to be given exclusively to DayOne, and not to persons or legal entities associated with DayOne, even if it is the express or implied intention that an instruction be carried out by a particular person associated with DayOne.
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Any liability of (indirectly) connected (legal) persons to DayOne (including its lawyers and employees) is excluded. They are also not personally bound.
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Any liability of DayOne is limited to the amount paid out under the professional liability insurance taken out by DayOne, to be increased by the amount of the deductible, which under the applicable insurance terms and conditions, is for the account of DayOne. If for any reason no payment is made under the professional liability insurance, then any liability of DayOne shall be limited to the amount equal to twice the amount of fees (excluding VAT) received by DayOne in the relevant matter in the twelve months preceding the day on which the claim arose, subject to a maximum of EUR 50,000.
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Any claim for damages shall lapse twelve months after the day on which the client became aware of the damage and of DayOne as the liable party.
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Unless expressly agreed otherwise, the fee will be calculated on the basis of the number of hours worked, multiplied by the hourly rates periodically determined by DayOne. DayOne is entitled to unilaterally change its hourly rates.
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Invoices must be paid by the client, without deduction, discount or set-off, within 14 days from the date of the invoice, unless expressly agreed otherwise in writing.
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Complaints about (the amount or composition of) an invoice must be reported to DayOne in writing, stating reasons, within ninety (90) days after the invoice date, failing which the right to complain about such invoice will lapse and the invoice will be considered unconditionally accepted. A complaint does not suspend the payment obligation, unless DayOne confirms otherwise in writing. Any crediting or adjustment shall not affect already expired instalments and other rights of DayOne.
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DayOne Advocaten is not liable for errors made by any intermediary or assistant engaged by DayOne in the performance of an assignment.
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The legal relationship between DayOne and its clients is exclusively governed by Dutch law. Only the Dutch courts of The Hague have jurisdiction over any dispute that may arise between DayOne and a client.
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Unless otherwise expressly agreed in writing, DayOne has an obligation of best efforts and not an obligation to achieve a result.
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Not only DayOne, but also all persons engaged in the performance of any assignment of a client may invoke these general terms and conditions. The same applies to former employees, including their heirs, if they are held liable, after they have left DayOne's office.
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The file will be kept for seven (7) years, after which DayOne is free to destroy the file.
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These terms and conditions also apply to additional assignments and follow-up assignments from clients.