3.1 Every liability of VANDIJK Lawyers is limited to the amount paid out and to which it can lay claim under the professional liability insurance concluded by it plus the excess under the insurance. The limit does not apply in case of intent or deliberate recklessness on the part of VANDIJK Lawyers or one of its employees. A copy of our professional liability insurance is available for inspection at our offices. If and insofar, for whatever reason, no payment should be made under the insurance referred to, every liability is limited to the fee charged by VANDIJK Lawyers in the case concerned.
3.2 The liability on the part of VANDIJK Lawyers lapses if the client did not, within 1 year of the client becoming aware of the event the led to (possible) damage, hold VANDIJK Lawyers, or those that work or worked for VANDIJK Lawyers, liable in writing.
3.3 VANDIJK Lawyers cannot guarantee the confidentiality of (electronic) means of communication. The Client could (within due time) request to use the existing electronic safety features at VANDIJK Lawyers prior to sending any particular message. VANDIJK Lawyers is not responsible for incorrect or incomplete transmission of information or delays in the receipt of e-mails and other forms of data traffic. VANDIJK Lawyers is also not liable for damage resulting from the use of electronic means in respect of non-delivery, interception or manipulation of electronic messages or in respect of software/equipment used for electronic communication and transmission of viruses and other malicious software.
4.1 Unless agreed upon otherwise, the fee will be calculated by using the number of hours worked multiplied by the hourly rates set annually by VANDIJK Lawyers. VANDIJK Lawyers reserves the right to annually adjust its hourly rates in accordance with the (social) price developments. This could lead to the hourly rates of current contracts being adjusted. The client is informed in writing of the hourly rates to be adjusted, or these are announced via the website of VANDIJK Lawyers.
4.2 The client can dissolve the contract agreement if the basic fee increases by more than 10% at once, or within three months of the commencement of the contract. The right to do so lapses after the expiration of the payment period of the first statement after the increase in the basic hourly fee
4.3 The client should also pay disbursement costs (among others, filing fees, bailiff’s fees, travel and subsistence costs as well as – if applicable – costs of third parties, including attorney’s fees). A percentage of 5% of the fee is charged to cover general office expenses such as postage, telephone, fax, e-mail and copying costs and the like.
4.4 VANDIJK Lawyers could require an advance payment prior to the commencement of the contract or require a further advance when dealing with the contract. Only after the receipt of the (further) advance will VANDIJK Lawyers commence or continue with its work. An advance is deducted from the final settlement for the contract.
4.5 VANDIJK Lawyers does not take any responsibility for the consequences (procedural sanctions) of the client not paying the court fees (in time).
4.6 In case of the client being eligible for legal aid (addition), VANDIJK Lawyers may also require an advance on the own contribution and the costs to be incurred. The size of the final own contribution is determined by the Legal Aid Board. If the application for legal aid is refused, the contract of client will, insofar as this contract has not been withdrawn by the client within two weeks of the refusal of the legal aid, be continued at a basic hourly rate of the lawyer to whom the contract was assigned. The client should retroactively pay VANDIJK Lawyers for the work at the basic hourly rate of the attending lawyer in case of the Legal Aid Board, in the result of its assessment after termination of the legal aid, has withdrawn the addition with retroactive force. VANDIJK Lawyers is not liable for the incorrect or late submission of the data requested by the Legal Aid Board in order to become eligible for legal aid.