General terms and conditions LegalWorx B.V.
These are the General Terms and Conditions of LegalWorx BV, a company with address Gouwsluisseweg 50 A 2405 XS Alphen aan den Rijn. LegalWorx BV is registered with the Chamber of Commerce under number 88246590.
Concepts:
LegalWorx: the trade name of LegalWorx BV
One-off amountThis includes a one-off fixed amount but also, for example, no-cure no-pay or agreements based on achieving financial added value or any other agreement that deviates from a standard hourly rate for performing the Assignment.
Order confirmation/quotation: An offer from LegalWorx describing the services to be provided and the corresponding (price) agreements.
Client: any natural and/or legal person who enters into a contract of assignment with LegalWorx.
Assignment or Agreement: the (verbal) agreement of assignment, whereby LegalWorx undertakes towards Client to perform services.
Legal costs: Costs incurred by LegalWorx in carrying out the assignment. Either the costs LegalWorx seeks to recover from employer.
Legal Services: Services as described in the Engagement Confirmation/Offer.
Legal Budget: Budget for Legal Expenses included by the employer in the settlement agreement.
Article 1. General
1.1
All Legal Services are performed on the basis of an assignment agreement with LegalWorx, which can be agreed in writing or verbally.
1.2
All services, offers and quotations of LegalWorx are subject to these general terms and conditions.
Article 2. Conclusion and termination of the agreement
2.1
The Agreement is established at the moment that express agreement has been given by the Client to an Assignment Confirmation/Quote by telephone or in writing (by e-mail) or in any other electronic way, or a (electronic) payment has already been made or it is in any other way indisputably clear that the Client wishes LegalWorx to undertake the work. LegalWorx and the Client have agreed that the presence of a signature is not necessary for a binding agreement.
2.2
LegalWorx reserves the right to refuse or cancel assignments without giving reasons if there is an accepted Assignment Confirmation/Quote, for example if there is evidence that the quality of its work cannot be sufficiently guaranteed (e.g. provision of false data or information by the Client). When such a situation arises, LegalWorx will try to offer an alternative as soon as possible in which the quality is guaranteed.
2.3
LegalWorx's services, when negotiating a settlement agreement, end the moment an agreement is reached by the employer or it is clear that no agreement will be reached. A separate Order should again be issued for further processes.
Article 3. Fee
3.1
LegalWorx mainly uses a One-Time Fee for an assignment, however, if the case does not lend itself to a One-Time Fee then LegalWorx reserves the right to adjust the (hourly) rates.
3.2
Separate fees may be agreed for attending a mediation (electronically or in person) in addition to any One-Off Amount. Such fees are not automatically included in the One-Off Amount agreed in the Engagement Confirmation/Offer for the Legal Services, except if explicitly agreed in the Engagement Confirmation/Offer.
3.3
All Legal Expenses paid by the employer shall accrue to LegalWorx irrespective of the arrangements made in any Engagement Confirmation/Offer or any other acceptance of the offer made by LegalWorx. The Legal Expenses are non-negotiable between the Client and LegalWorx.
LegalWorx should always be given the opportunity to recover the actual Legal Costs incurred from the Client's employer.
3.4
When LegalWorx cannot recover Legal Costs from employer by any actions performed by the Client, directly or indirectly, LegalWorx reserves the right to recover the actual costs incurred from Client.
The full Legal Fee shall not exceed the number of hours spent on the assignment by LegalWorx or any third party engaged by LegalWorx multiplied by the hourly rate of €195,- ex 21% VAT plus any other disbursements or payments made for the performance of the assignment. If a Legal Budget was already included in the settlement agreements and has lapsed through the fault of the Client, this budget (if higher) will have to be paid by the Client. These costs may exceed any agreement of a One-Off Amount, this arrangement also applies if the Client cancels or unilaterally terminates the Engagement.
Article 4. Payment
4.1
Payment shall be made by means of an invoice sent to the Client or the Client's employer. The invoice will be sent by e-mail. Objections to the amount of invoices provided do not suspend the Client's payment obligation. Invoices to be sent by LegalWorx shall be paid in Euro without any deduction, discount or set-off by deposit or transfer to the bank or giro account indicated on the invoice.
4.2
If payment is not made (on time), LegalWorx reserves the right to stop the work under the Agreement in whole or in part. Work will only be resumed after payment of the invoice. The cessation of work by LegalWorx does not affect the payment obligation of Client in any way.
4.3
If (deviating) agreements are made in the Settlement Agreement regarding the payment of Legal Fees, the Principal must cooperate.
Article 5. Execution of the Agreement
5.1
LegalWorx has a best-efforts obligation and not an obligation to achieve a result with regard to assignments given.
5.2
LegalWorx shall determine the manner in which and by which persons the Engagement shall be carried out. LegalWorx is permitted to make use of third parties if necessary in the execution of the Engagement given to it. The effect of articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code is expressly excluded.
Article 6. Cooperation by the Client
6.1
Client, upon accepting the Agreement with LegalWorx, undertakes to provide LegalWorx with all relevant information, solicited and unsolicited, necessary for the performance of the Agreement. LegalWorx can never be held liable for damages suffered by client due to advice given based on erroneous or incomplete information provided by Client or third parties
6.2
If additional costs (including compensation for work performed) arise in the performance of the Agreement as a result of the required data and documents not being made available, not being made available on time or not being made available properly, these shall be borne entirely by the Principal.
Article 7. Confidentiality
7.1
LegalWorx and/or persons employed by/for or associated with LegalWorx are obliged to maintain confidentiality towards third parties, not including third parties involved in the execution of the Order. This obligation shall not apply if there is a legal or professional duty to disclose or if the Principal has released LegalWorx from its duty of confidentiality.
7.2
Subject to the express prior written consent of LegalWorx, the Principal is not permitted to disclose or otherwise make available to third parties the contents of reports, advice, opinions or other statements made by LegalWorx, whether or not in writing, except insofar as this arises directly from the agreement, is done to obtain an expert opinion on the relevant activities of LegalWorx, the Principal is subject to a legal duty or professional obligation to disclose, or if the Principal acts for himself in disciplinary, civil or criminal proceedings.
Article 8. Copyrights
Client is explicitly forbidden to reproduce, disclose or exploit products, including working methods, advice, (model) contracts, opinions and other intellectual products of Contractor, all this in the broadest sense of the word, with or without the involvement of third parties. Reproduction and/or publication and/or exploitation shall only be permitted after having obtained written permission from LegalWorx. In the event of interim termination of the Engagement, the foregoing shall apply mutatis mutandis.
Article 9. Liability
9.1
LegalWorx shall perform the work (or have it performed) to the best of its ability, exercising the care that may be expected. If an error is made because the Client has provided LegalWorx with incorrect, incomplete or untimely information, LegalWorx and the persons engaged by LegalWorx in the performance of the Engagement shall not be liable for any damage resulting therefrom.
Any liability of LegalWorx is limited to the amount paid out in a given case under its professional liability insurance policy, increased by the amount of the deductible which according to the policy conditions is not for the account of the insurers. If for whatever reason no payment is made under the insurance policy referred to above, any liability will be limited to the fees excluding VAT and office expenses charged by LegalWorx in the relevant case in the relevant year.
9.2
Without prejudice to the provisions of article 6:89 of the Dutch Civil Code, the client's right to compensation for damages lapses in any case one year after the date of the event from which damage directly or indirectly results and for which LegalWorx is liable. The client indemnifies LegalWorx against all claims of third parties as well as against all additional costs related to the services provided by LegalWorx to the client.
9.3
If (part of) the Engagement is performed by a third party or third parties, any liability for the work of such third party or third parties is excluded.
Article 10. Archiving
The file formed in the performance of the Engagement will be retained by LegalWorx for five years. Upon expiry of the retention period, the file will be destroyed.
Article 11. Disputes and choice of forum
All Agreements between the Client and LegalWorx are exclusively governed by Dutch law. Only the Dutch court of the district of Rotterdam or the domicile of Client has jurisdiction to take cognisance of a dispute.
