General Terms And Conditions

Kaiser Attorneys & Tax Advisers' General Terms and Conditions

Kaiser Attorneys & Tax Advisers is a partnership of attorneys and tax advisers whose partners are legal persons (professional corporations) with the objective to practice law and provide tax consultancy services.
For the purposes of these general terms and conditions, "Kaiser" refers to the partnership of Kaiser Attorneys & Tax Advisers, as well as its partners, including the directors, and those persons who work for Kaiser, whether or not as an employee. "Third party" is defined as anyone other than Kaiser with respect to which a legal relationship exists or is established as specified in Article 3.
The provisions of these general terms and conditions apply to every assignment, including every follow-up assignment or modified or additional assignment with which Kaiser is charged, as well as all of the legal relationships arising from or in connection with these assignments, including all of the legal relationships which arise from or are in connection with the websites which Kaiser maintains.
The provisions of these general terms and conditions apply to the legal relationship in which persons might find themselves, within or outside of the limitations allowed by these general terms and conditions, when relying on the advice that arises from or is in connection to a legal relationship as described in Article 3.
These general terms and conditions are stipulated on behalf of every third party which is engaged during the execution of any assignment, or which is or can be liable in connection therewith.
An assignment shall only be accepted by Kaiser and carried out on its behalf, also in the event it is the explicit or tacit intention for an assignment to be performed by a specific person. In deviation to Sections 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code [BW], those persons who work for or on behalf of Kaiser, whether or not they are employees, are not personally bound or liable, and the assignment will not be terminated as a result of their death, nor in the event the assignment has been granted with a view to a specific person.
The execution of assignments granted shall occur exclusively for the benefit of the client. Unless explicitly accepted by Kaiser in writing, persons other than the client may not rely on the results of the work carried out for the client nor the execution thereof nor are they entitled to derive any rights therefrom.
In the execution of the assignment, Kaiser will take the appropriate measures to preserve the confidentiality of the relationship with the client. Nonetheless, unless the contrary is explicitly agreed, the following shall apply to the assignment: (i) The client shall grant permission to disclose information, whether or not this is related to the assignment, to those persons within the Kaiser organisation for whom the knowledge of this information is useful in connection with their handling of the assignment; (ii) The client grants permission for the use in communications of every means of communication customary at that time, including, in particular, the Internet.
Kaiser will take the necessary pre-cautions when engaging a third party, and (except in the case of assistance from a procurator litis and bailiff) will consult with the client during the process of selection of this third party, to the extent this is customary or reasonable in the relationship to the third party. Kaiser is authorised to accept terms and conditions which apply to the relationship between itself and the third party, or for which the acceptance is stipulated by the third party. Kaiser will be able to invoke these terms and conditions against the client to the extent this relates to the execution of the assignment by the third party.
Unless otherwise agreed upon in writing, the fee will be determined on the basis of the hours worked multiplied by the applicable rates as determined by Kaiser from time to time. The rates applicable at any particular time will be provided upon request. Expenses incurred on behalf of the client will be invoiced separately. In order to cover the general office expenses incurred (such as sending ordinary post, telephone, Fax and electronic communications expenses, copying costs and document preparation costs), a percentage to be determined by Kaiser will be invoiced as part of the fee. The rates and general office expenses will be increased by VAT (BTW).
The services will, in principle, be invoiced to the client on a monthly basis. The term of payment is 14 (fourteen) days from the invoice date. In the event of a failure to execute timely payment, Kaiser is entitled to charge the statutory rate of interest without being required to provide a notice of default. An advance payment for services rendered or to be rendered may be required at any time. Services may be suspended in the event advance payment has not been executed to cover these.
Work that arises from the direct or indirect receipt of funds in connection with an assignment granted will be considered part of the assignment, even if this work comes about as a result of the actions of a third party.
Every liability on the part of Kaiser arising from or in connection with the execution of an assignment shall be limited to that amount which is paid out in the case in question as stipulated in the liability insurance policy under which Kaiser is covered. The limitation or exclusion of liability referred to in this article does not apply to the extent damages are the result of an intentionally reckless or intentional failure on the part of Kaiser.
Every legal relationship arising from or which is in connection with the relationships referred to in Articles 3 and 4 is subject to the laws of the Netherlands. All disputes arising from such a legal relationship will be adjudicated solely by the competent court in Utrecht. Claims for compensation for damages will lapse if these are not submitted to the court with jurisdiction within one year of their discovery. In the event Kaiser is the party bringing action in a matter, it has the option of submitting the dispute to a court with jurisdiction without being subject to this provision.
These general terms and conditions are available in Dutch as well as English. In the event of a dispute regarding the contents or purport of these general terms and conditions, the Dutch text and meaning thereof shall be exclusively binding in the Dutch territorial jurisdiction.

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