General Terms of Nieuwstaete Advocaten


In these general terms shall be understood by:
Nieuwstaete Advocaten: the lawyers, both jointly and each of them individually, who are associated with the office on the basis of an employment agreement or otherwise;Client: the contract party of the office;Fee: the financial compensation (time-proportional or otherwise) which the office charges for carrying out the instructions.

2. General provisions

2.1 The law office of Nieuwstaete Advocaten is a one-man business which has its head-office in the Nieuwlandstraat 130, 2729 DX Zoetermeer, the Netherlands, and which is registered in the Chamber of Commerce for The Hague under number 27330838. These general terms have been filed with the Chamber of Commerce for The Hague and have been published on the website

2.2 Notwithstanding the provisions of articles 7:404, 7:407 section 2 and 7:409 of the Dutch Civil Code, all instructions shall be accepted and carried out exclusively by the office. Nieuwstaete Advocaten shall be the only contractual other party of the instructing party or client.

2.3 The present general terms shall apply to all agreements between Nieuwstaete Advocaten and the client, as well as to all new agreements and all further (legal) actions of Nieuwstaete Advocaten with, on behalf of or towards the client, including any extracontractual obligations. All stipulations in these general terms have also been made for the benefit of persons who are involved in the realisation of the instructions and/or persons who have any liability in connection therewith.

3. Instructions

3.1 After a client has issued instructions, an agreement shall have been formed only after the lawyer has accepted these instructions in writing or orally.

3.2 The client consents to it that the lawyer, in consultation with the client, has (certain parts of) the instructions carried out, under his responsibility, by one or several lawyers and/or legal employees associated with the office.

3.3 The operation of articles 7:404, 7:407 section 2 and 7:409 of the Dutch Civil Code shall be excluded.

3.4 The instructions shall be carried out exclusively for the benefit of the client.

3.5 Third parties shall not be able to derive any rights from the activities carried out. The client shall keep Nieuwstaete Advocaten harmless against any claims from third parties which allege to have suffered a loss because of or in connection with activities carried out by Nieuwstaete Advocaten for the benefit of the client.

3.6 Only after having first consulted with the client shall the lawyer use third parties such as a bailiff or assessor. When using third parties the lawyer shall exercise due care, but he shall not be held liable for any losses resulting from the action of the aforesaid third party / parties. The client shall be deemed to have given the instructions to the third parties which Nieuwstaete Advocaten has used for his benefit, without prejudice to the rules of conduct of the professional organisations. Nieuwstaete Advocaten shall be entitled, when using third parties, to accept a limitation of liability on behalf of the client. The applicability of article 6:76 of the Dutch Civil Code shall be excluded.

3.7 Nieuwstaete Advocaten shall make an effort to achieve the result desired by the client, but does not guarantee that this result will be achieved.

3.8 When carrying out the instructions received, Nieuwstaete Advocaten shall allow itself to be guided exclusively by the interest of the client. In connection herewith the applicable regulations shall be respected, including the rules of conduct for lawyers and the regulations and guidelines of the Nederlandse Orde van Advocaten (Dutch Bar Association).

3.9 Instructions from the client shall have been formed only after they have been accepted by the office. With regard to the formation of instructions the office shall be represented only by a lawyer associated with the office.

After the sending of the order confirmation and the receipt of an - advance - payment, the defending of the client's interest shall start, unless the lawyer makes different arrangements in writing, for example in urgent matters.

3.10 Nieuwstaete Advocaten shall make an effort to carry out the agreement with the client with due care and expertise. The agreement shall be carried out exclusively for the benefit of the client. The client shall provide Nieuwstaete Advocaten with al information that may be of relevance for the correct execution of the agreement, as well as any information which the office demands. The client shall guarantee the correctness and completeness of all information provided to Nieuwstaete Advocaten.

4. Liability

4.1. The liability of Nieuwstaete Advocaten and its employees shall always be limited to the amount or the amounts which Nieuwstaete Advocaten can claim under its professional liability insurance policy.

4.2. If, for any reason whatsoever, no payment is made on the ground of the above-mentioned insurance policy, any liability shall be limited to the fee, exclusive of other costs, charged by Nieuwstaete in the matter concerned in the year concerned.

5. Clients' funds

5.1. Funds which Nieuwstaete Advocaten keeps in custody for the benefit of the client, shall be deposited into a bank account in the name of the Stichting Beheer Derdengelden Mr. R.S. Sewdajal. By means of compensation for the costs of administration and management of the account, no interest shall be paid over clients' funds as referred to here.

6. Filing

6.1. After completion of the instructions the original documents contained in the file shall be issued to the client at the client's request. After completion of the case the file shall be kept during the statutory period and shall be made available to the client at a fee of € 35,-- excluding VAT (in order to retrieve the file from the filing room.

7. Debit note / fee / costs

7.1. For the execution of the instructions the client shall owe Nieuwstaete Advocaten a fee, increased by office costs and VAT. By office costs shall be understood the office costs not to be itemised, such as postage, telephone, telefax, photocopies, etc. These office costs shall be determined at a lump sum of 5% of the fee.

7.2. In addition, any disbursements shall be at the expense of the client. By disbursements shall be understood costs such as standing charge (court fee), bailiff's costs, attorney's fees and the like.

7.3. Unless agreed otherwise, the fee to which Nieuwstaete Advocaten is entitled shall be calculated on the basis of the hourly rates established by this office.

7.4. Nieuwstaete Advocaten shall be entitled to modify the above-mentioned hourly rates on 1 January.

7.5. With regard to the fee Nieuwstaete Advocaten shall be entitled to charge an advance payment. This advance payment will be applied against intermediate debit notes or against the final debit note.

7.6. If no advance payment has been charged, the fee shall be charged by means of interim debit notes in a regular basis.

8. Payment

8.1. Payment of the debit note shall take place, without any discount or setting off of debts, within 14 days after the date of the debit note. If this maturity date is exceeded, the client shall owe a default interest which shall equal the applicable statutory interest.

8.2. The costs associated with the payment shall be at the expense of the client.

8.3. Payment by the client shall imply recognition of the fact that the debit note(s) is (are) owed.

8.4 If Nieuwstaete Advocaten, either directly or through third parties, takes debt collection measures against the client, then the costs hereof, including the debt collection and administration costs and the advance payments, shall be at the expense of the client.

8.5. The sums of money received shall be applied first of all against the debt collection costs incurred, next against the interest which has matured and finally against the sum principal and the current interest.

8.6.If the client fails to make the payment for the debit note(s), Nieuwstaete Advocaten shall have the right, in addition to the aforesaid debt collection possibilities, to suspend or cease its activities for the benefit of the client.

The lawyer concerned shall be competent to make use of this right to suspend or cease his activities only after the client has been notified thereof in advance and has been offered a short period in which to fulfil his payment obligations as yet or find another lawyer. Nieuwstaete Advocaten shall accept no liability whatsoever for any losses which the client suffers and which arise from the fact that the lawyer has suspended or ceased his activities as referred to above.

8.7. Nieuwstaete Advocaten shall only transfer the client's file to the client or to a lawyer approached by the client if the client has paid all outstanding debit notes to Nieuwstaete Advocaten.

8.8. If at any time the client wishes to receive copies from his file, he or she shall be obligated to pay a sum of 35.00 (including VAT). Only after this sum has been paid will the copies from the file be provided.

9. Applicable law and choice of forum

9.1. The instructions agreement between Nieuwstaete Advocaten and the client shall be governed by Dutch law.

10. Settlement of complaints by Nieuwstaete Advocaten

10.1 General provisions

In this regulation shall be understood by:

-Complaint: any oral or written expression of dissatisfaction, to be qualified as such, with the services rendered by employees of Nieuwstaete Advocaten, made by or on behalf of the client;

- Complainant: the client or his representative who files a complaint;

- Complaints officer: the person who handles the complaint;

- Employee: anyone who carried out activities for Nieuwstaete Advocaten.

10.2 Any person has the right to file a complaint about the way in which an employee of Nieuwstaete Advocaten has behaved towards this person or towards another person in a certain matter.

10.3 Nieuwstaete Advocaten shall see to it that the handling of oral and written complaints take place in a careful manner.

11. Filing a complaint

11.1 The complaint shall be filed in writing with the complaints officer: mrs. R.G. Jagesar.

11.2 If the complaint is not filed with the complaints officer but with an employee of Nieuwstaete Advocaten, the employee shall bring the complaint to the knowledge of the complaints officer.

11.3 The complaint shall mention at least:

 the name and address of the complainant;

 the date of filing of the complaint;

 a description of the behaviour against which the complaint is aimed.

11.4 The complaints officer shall acknowledge receipt of the complaint within 5 working days.

11.5 In the acknowledgement of receipt the complainant shall be informed about the complaint handling procedure.

12. Handling of a complaint

12.1 The complaint shall be handled by the complaints officer.

12.2 If the complaint will not be handled, the complainant shall be notified thereof by the complaints officer with mention of the reason.

12.3 I a complaint is filed the employee against whom the complaint is made shall be notified of the complaint.

12.4 The complaints officer shall decide whether the complainant and the person against whom the complained is filed will be heard.

12.5 The complaints officer shall notify the client of the decision taken in the complaint.

12.6 The complaints officer shall settle the complaint within 4 weeks after receipt. If necessary, the complaints officer may extend this period by 4 weeks.

12.7 No notice of objection or appeal can be filed against the decision.

13. Analysis of the complaint

13.1 The complaints officer shall analyse the complaints once per year.

13.2 If necessary, the complaints officer shall submit proposals to the board of Nieuwstaete Advocaten to improve the service provision.

14. Miscellaneous

14.1 This regulation shall take effect on 1 January 2010.