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Nederlands (Dutch)
GENERAL TERMS AND CONDITIONS TAXABLE
1. TaxAble, experts in tax, further “TaxAble”, is a Dutch transparent company. Details of the proprietor of TaxAble will be sent upon request;
2. All instructions, barring articles 7:404 and 7:407, section 2, Civil Code, are exclusively accepted and carried out by TaxAble, under the (exclusive) application of the current general conditions. These general conditions are also (exclusively) applicable to subsequent or supplementary instructions of the client. A contract for professional services with TaxAble becomes effective once it is accepted by TaxAble in writing. Regarding the making of the contract, TaxAble may only and exclusively be represented by tax lawyers who are affiliated with TaxAble. Instructions given to TaxAble lead to obligations to perform according to the best of their ability, however, they do not lead to obligations to produce a result. The terms agreed upon with TaxAble within the framework of issued instructions are regarded as target dates and not as a expiration dates;
3. The client may cancel his instruction at all times by means of a written cancellation. TaxAble are, or the respective tax lawyer is, entitled to cancel the instruction, however, under the observance of such a term, and in such a way that it least prejudices the client’s interests;
4. The client guarantees the correctness, the fullness and reliability of the information, data and documentation provided to TaxAble, and/or the respective tax lawyer, even if these were obtained from third parties;
5. The client is aware of the fact that the obligation to secrecy guaranteed by TaxAble is limited by restrictions in the Dutch law and can also not be guaranteed regarding the information that was supplied by e-mail or cell phone to or by client;
6. Any liability of TaxAble is limited to the amount that will be paid in the respective case on the basis of the law firm’s corporate liability insurance, increased by the deductible amount (eigen risico) which, according to the policy conditions, is not covered by the insurer(s). No liability is accepted for oral instructions which were not put in writing. If, and in so far as, for whichever reason no payment should be forthcoming of the intended insurance then any liability is limited to an amount of € 25,000.= or, if the professional fees charged by TaxAble in the respective matter are higher, any liability is limited to the charged amount with a maximum of € 100,000.00. Not only TaxAble, but also any other persons involved in the execution of any instruction of a client may appeal to these general conditions regarding the client of TaxAble. The same shall apply to TaxAble and its management, as well as any former employees, including their eventual heirs, if they are held liable once they have left the office of TaxAble. Any right of action expires 12 months after the claim should have been reasonably known and it expires at any rate after 5 years;
7. The aforementioned is also applicable for the director, as well as formers associates, including their heirs, in case they are being held liable after they have left TaxAble;
8. In contracting any third parties, such as bailiffs, procurators, experts, foreign (tax) lawyers, etc., TaxAble shall consult the client in advance as much as possible and at any rate, the firm shall practice the necessary caution in the selection of third parties. TaxAble are not liable for shortcomings of third parties. TaxAble are authorised by the client to accept any liability limitations of third parties on behalf of the client;
9. Changes in the competence of the client, or of his representatives, or of persons acting on his behalf with power of attorney shall, even if the registration thereof has occurred in the public registers, only be valid to TaxAble once TaxAble have been informed in writing of such a change;
10. The client warrants TaxAble against any claim from third parties, reasonable costs of legal representation included, that are in any way connected to the work done for client, unless caused by gross negligence or intentional misconduct on our part;
11. Unless agreed otherwise, the professional fee will be chargeable on the basis of the number of hours spent on the case multiplied by the hourly rates set by TaxAble. TaxAble may change their hourly rates, per annum. TaxAble are entitled to require the payment of an advance. A paid advance may be settled by the final invoice. If the client defaults on the payment of what he owes then, once the client has been informed of this, TaxAble are, and/or the respective lawyer is, entitled to suspend the work on the client’s behalf. TaxAble accept no liability whatsoever for any possible damage which the client and/or any third party might suffer due to the suspension referred to above;
12. Any costs incurred and paid for by TaxAble on the client’s behalf, among those but not limited to, court costs, bailiff, procurators will be mentioned on the invoice separately. In order to cover general office expenses (such as postage, telephone, fax and copying costs, etc.) an additional percentage of the professional fees can be chargeable;
13. The services will be chargeable to the client on a monthly basis, with a 14-day term of payment, starting from the date of invoice. The client may not derive any rights from this principle. TaxAble are entitled, after the expiration of the term of payment, to claim compensation of the legal interest as well as of the extrajudicial debt collection costs (which costs may be budgeted at 15% of the outstanding amount);
14. The legal relationships between the client and TaxAble are subject to Netherlands law. Disputes shall exclusively be settled by the competent Dutch court in Amsterdam, The Netherlands;
15. If and to the extent in which one of the clauses of these general conditions are void or subject to annulment then instead of that clause the legal arrangement should be read that according to article 3:42 of the Civil Code is effective and the other clauses of these general conditions remain effective;
16. The Dutch version of the text shall be binding in the case in which there is a discrepancy between the English and Dutch version of these general conditions.
