GENERAL TERMS AND CONDITIONS

1. De Boorder Family and Inheritance Law Attorneys & Mediators is a partnership under Dutch law consisting of private limited liability companies (hereinafter: De Boorder). A list of the private limited liability companies that are part of the partnership will be sent upon request. Both these private limited liability companies and the attorneys working at De Boorder meet the requirements set by the Dutch Bar Association.
2. All orders are accepted and executed exclusively by or on behalf of De Boorder. Articles 7:404, 7:407 paragraph 2 and 7:409 BW do not apply.
3. These general terms and conditions have also been drawn up for the benefit of the members of the partnership, the directors of the private limited companies, as well as those who, whether or not under an employment contract, are or have been employed by or at De Boorder and third parties engaged by or on behalf of De Boorder to carry out the assignment.
4. De Boorder is free to have assignments granted to it carried out under its responsibility by the members of the partnership, its directors, the lawyers and other employees of De Boorder, where appropriate with the involvement of third parties.
5. De Boorder will exercise the care of a good contractor in the execution of the assignment granted to it, in the execution of all activities and in the selection of other persons to be engaged by it. De Boorder is not liable for shortcomings of these third parties, except in the case of intent or gross negligence on the part of De Boorder.
6. Any liability of De Boorder and of all those who work for or on behalf of it, is limited to the amount that is paid out in the relevant case under the liability insurance taken out by De Boorder. Information about the insurance is available on request.
7. If and to the extent that no payment is made under an insurance policy, any liability is limited to the amount declared and received by De Boorder in the relevant case, up to a maximum of €50,000. The members of the partnership, its directors, as well as all those who work or have worked for De Boorder are never personally bound or liable. The personal liability of the lawyers, (legal) employees and partners/shareholders (and their practice companies) working at the office of De Boorder is expressly excluded. Only De Boorder is liable for any errors made in the execution of the assignment. Liability for indirect damage or consequential damage is excluded under all circumstances.
8. Claims relating to alleged liability of De Boorder must be communicated to De Boorder in writing with proper substantiation without delay, but no later than 6 months after the client has discovered or should reasonably have discovered a possible ground for a claim against De Boorder, under penalty of forfeiture of rights.
9. De Boorder is authorized to accept any liability limitations of third parties, as referred to in article 6, on behalf of the client. Any liability of De Boorder for a shortcoming of a third party is excluded.
10. De Boorder is required under the Money Laundering and Terrorist Financing (Prevention) Act (Wwft) to report unusual transactions as referred to in that Act to the Financial Intelligence Unit (FIU-Netherlands). Under the Wwft, De Boorder is only authorised to commence work after completion of the procedure described in that Act for identifying the client and any ultimate beneficial owners. De Boorder will never be liable for damage suffered, suffered or to be suffered by a client due to or in connection with an incorrectly made report under the Wwft, unless there is intent or gross negligence on the part of De Boorder. De Boorder will never be liable for damage suffered, suffered or to be suffered by a client due to or in connection with the fact that De Boorder has not yet been able to complete the identification procedure as referred to in the Wwft, unless there is intent or gross negligence on the part of De Boorder.
11. Payment of invoices from De Boorder must be made, without suspension or settlement, within fourteen days after the invoice date. Unless the client objects immediately in writing, De Boorder and its Stichting Derdengelden are entitled to settle any monies received for or from the client with or to have them used to pay what the client owes De Boorder. If the client has not paid within the aforementioned term, or within the further agreed term, he is legally in default and De Boorder has the right, without further notice or notice of default, to charge the client the statutory interest from the due date until the date of full payment, all this without prejudice to the further rights that De Boorder has. All (extra)judicial costs related to the collection of invoices – with a minimum of 15% on the amount to be collected – will be borne by the client, with a minimum of EUR 250. The legal costs are not limited to the legal costs to be liquidated, but will be borne in full by the client if the client is (predominantly) found to be in the wrong.
12. De Boorder has the right to suspend the execution of the work before commencement and in the interim until the client has paid a reasonable and fair advance for the work to be performed to De Boorder, or has provided security for this. De Boorder is authorised to suspend the fulfilment of all its obligations until the client has paid all due claims in full. A complaint and/or claim relating to the work to be performed or performed and/or the invoice amount must be submitted to De Boorder in writing within 14 days after the date of dispatch of the documents or information about which the client is complaining. A complaint does not suspend the client's payment obligation. If the complaint is not submitted in time, all rights of the client in connection with this complaint will lapse.
13. De Boorder has the right to change/increase the hourly rate it charges and the travel allowance it charges for travel by car or train at any time.
14. De Boorder has an office complaints procedure that applies to every assignment. In addition, De Boorder participates in the Complaints and Disputes Scheme for the Legal Profession. A complaint must be submitted within 3 months after the complainant became aware or could reasonably have become aware of the act or omission that gave rise to the complaint, on penalty of forfeiture of rights. If De Boorder fails to resolve any complaints about the performance of the assignment agreement with the client, the client can submit his complaints to the Disputes Committee for the Legal Profession. All disputes arising from the establishment and/or performance of our services, including all invoice disputes, will be settled in accordance with the Disputes Committee for the Legal Profession Regulations. If the dispute concerns an assignment from a private client, the Regulations provide for binding advice, unless the client turns to the ordinary court within one month after the complaint has been handled by the lawyer. In the event of a collection of a claim from a private client, binding advice only applies if the client deposits the outstanding amount with the Disputes Committee. If he does not do so, arbitration applies to the collection. If the dispute concerns the order of a business client, the Regulations provide for arbitration.
15. These general terms and conditions are drawn up in the Dutch and English language. In the event of a dispute regarding the content or scope of these general terms and conditions, the Dutch text shall be binding.
16. These general terms and conditions have been filed with the registry of the Amsterdam District Court and are included on the De Boorder website: www.deboorderadvocaten.com.

April 23, 2019