Terms and Conditions
General terms Mellema Solicitors
Article 1 Order
All orders - even supplementary ones - shall be deemed to be given, accepted and executed by one of the solicitors or legal assistants of Mellema Solicitors, with due observance of these General Terms and Conditions.
Article 2 Registration of time
Time spent by Mellema Solicitors to carry out an order is registered specifying the name of the case, date , length and kind of action with a minimum of 10 minutes per action. The invoice gives a specification of time spent.
Article 3 Invoice
Work done by Mellema Solicitors will be charged according to above mentioned registration of time on the basis of an hourly rate agreed upon by client in writing plus 6% office expenses, 19% BTW (VAT), expenses for certificates (such as Chamber of Commerce, land registry, council), court fees, fees of third parties and other expenses directly forwarded to Mellema Solicitors. Mellema Solicitors is entitled to ask for an advance payment. The fee can be readjusted annually.
Article 4 Payment
Invoices need to be paid within 14 days from date of invoice. On late
or partial payment Mellema Solicitors is entitled to statutory
interest ( according to article 6119a and 120: paragraph 2, ECB
interest + 7%) and extrajudicial costs. These extrajudicial costs shall
be fixed at 15% of the principal sum due.
Besides Mellema Solicitors
is entitled to suspend work the consequences of which are entirely for
the client. Mellema Solicitors is entitled at all time, for which client
gives permission in advance, to settle fee claimable from client with
funds owned by client and administered directly by Mellema Solicitors or
via the Foundation administering money from third parties.
Article 5 Money from third parties
Mellema Solicitors is bound to pay money that needs to be paid to client by a third party directly to client or to a special account 65.30.59.906 ( a so called derdengeldrekening) in the name of Stichting Advocatenkantoor Mellema. This account is solely for money held in depositary by Mellema Solicitors. Unless otherwise agreed in writing Mellema Solicitors is no interest due for money at this account nor will Mellema Solicitors charge administrative costs.
Article 6 Liability
The liability of Mellema Solicitors, including her employees or persons working for Mellema Solicitors, to client is limited to the sum paid out under the professional liability Insurance of Mellema Solicitors. If no payment is done under this insurance liability is limited to the fee (excluding BTW (VAT), office expenses and advance payments) charged or to be charged to client concerning the relevant order. Further on liability is limited to the sum for which Mellema Solicitors charged client over the past 2 months.
Article 7 Third party
If a third party needs to be called in expenses of the third party will be passed on to client. If the order to the third party is given by Mellema Solicitors, Mellema Solicitors is entitled to ask client for an advance payment. Mellema Solicitors is not liable for any shortcomings of the third party.
Article 8 End of filing
Client receives a written confirmation when an order is ended or a file is closed. Besides all original documents are returned to client. All remaining documents are filed by Mellema Solicitors and saved for a period of at most 10 years after closing the file. Expenses will be charged to client if copies of court orders have to be asked for.
Article 9
Where there is any difference of opinion between the parties as to
the content or intent, or both, of these Terms and Conditions the Dutch
language version of these Terms and Conditions prevails and is binding.
Dutch
law will apply to the legal relation between Mellema Solicitors and
Client. Any disputes will be settled by the competent court in the
Netherlands.