Important stuff

Terms & Conditions

1. General provisions

  1. Skarp Law B.V. is a private limited company registered with the Amsterdam Chamber of Commerce under number 82669058, the objective of which is the practice of law, and which has its registered office in Amsterdam. The lawyers working at Skarp Law are registered with the Netherlands Bar Association in Amsterdam.
  2. In these general terms and conditions, the following definitions shall apply:
    Skarp Law: Skarp Law. B.V.;
    client: the person who grants Skarp Law an assignment;
    person associated with Skarp Law: any lawyer or other person working at Skarp Law, whether under an employment contract or on any other basis and including persons working on a more flexible basis (flexibele schil).
  3. These general terms and conditions shall apply to any assignment agreement, including any follow-up, amended or additional assignment, between a client and Skarp Law.
  4. There is a Dutch and an English version of these general terms and conditions. If the English version differs from the Dutch version, the Dutch version shall prevail.
  5. The stipulations in these general terms and conditions are not only made for the benefit of Skarp Law, but also for the benefit of all partners and directors of Skarp Law, respectively all other persons who work or have worked for Skarp Law (whether or not in employment), respectively all (legal) persons engaged by Skarp Law in the performance of any assignment, including all (legal) persons for whose acts or omissions Skarp Law may be liable. This is an irrevocable third-party clause within the meaning of Article 6:253 of the Dutch Civil Code.

2. Assignment

  1. An assignment agreement between a client and Skarp Law is concluded only by Skarp Law, or an attorney working at Skarp Law, accepting an assignment from the client to perform work.
  2. An instruction given by a client to a person associated with Skarp Law does not result in an agreement with that or any other person associated with Skarp Law. All instructions shall be deemed to have been exclusively given to, and accepted and performed by, Skarp Law. This also applies if it is the express or implied intention that an assignment will be performed by one or more specific persons. The applicability of Article 7:404 of the Dutch Civil Code, which provides for the latter case, and of Article 7:407, sub 2, of the Dutch Civil Code, which establishes joint and several liability for cases in which an assignment is given to two or more persons, is expressly excluded.
  3. If the client wishes that work for the performance of the assignment be performed or continued by a particular person associated with Skarp Law, Skarp Law will comply with that wish to the extent possible, subject to the limits set by its business operations and the wishes of other clients. The effect of Articles 7:404 and 7:409 of the Dutch Civil Code is excluded.
  4. If Skarp Law has accepted an assignment together with another person, legal entity or firm, Skarp Law shall only be liable to fulfil those obligations which are expressly obligations of Skarp Law. The provisions of Article 7:407, sub 2, of the Dutch Civil Code are excluded.
  5. The client will provide Skarp Law with the necessary data that Skarp Law, or third parties or banks engaged by them, require in order to comply with the obligations to establish the identity of client and related persons, including those arising from the Money Laundering and Terrorist Financing Prevention Act (Wet ter voorkoming van witwassen en financieren van terrorisme). Under this Act, Skarp Law is obliged to report unusual transactions to the authorities.
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3. Liability

  1. The liability of Skarp Law and the lawyers working at Skarp Law is limited to the amount for which the professional liability insurance, for which the lawyers working at Skarp Law are insured with AON, gives claim for payment in a given case, increased by the applicable deductible. Other liability is excluded.
  2. If Skarp Law is not entitled to a payment under the aforementioned insurance agreement, liability will be limited to a maximum of the fee charged for the relevant assignment.
  3. Without prejudice to the provisions of Article 6:89 of the Dutch Civil Code, any claim for compensation shall lapse one year after the day on which the client became aware or should reasonably have become aware of the (alleged) damage.
  4. The liability of other persons associated with Skarp Law is excluded. This provision is an irrevocable third-party clause for the benefit of any person associated with Skarp Law.
  5. The client shall indemnify Skarp Law and persons associated with Skarp Law against third-party claims and other damages suffered by Skarp Law or a person associated with Skarp Law in connection with the assignment to the extent that the claim or damage exceeds the amount paid thereby under any insurance policy taken out by Skarp Law, plus the applicable deductible. A ‘third party’ is any group company of the client, shareholder of the client, director and supervisory director of the client, persons working at or for the client and any family member of the client. This provision is an irrevocable third-party clause for the benefit of any person associated with Skarp Law.
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4. Invoices

  1. The client shall owe Skarp Law the agreed fee. In cases where no fee has been agreed, the client shall owe a fee according to Skarp Law’s usual rates.
  2. Costs incurred by Skarp Law, such as travel and accommodation expenses, court fees, courier costs, registration costs, project management costs, etc. and costs of persons and banks not connected to Skarp Law shall be borne by the client, including interest.
  3. The fees and costs payable by the client shall be increased by turnover tax in accordance with applicable legislation.
  4. Work shall be performed upon payment of an advance, unless otherwise agreed. An advance shall be offset against the balance of the final invoice after completion of the work. If an interim invoice is not paid on time, within 14 days, it may be set off against the advance and work will be suspended until the advance is replenished.
  5. In principle, billing is monthly, unless otherwise agreed in writing.
  6. The client shall pay any invoice from Skarp Law within 14 days of the invoice date. Failing this, the client will be in default and will be liable for all costs, both judicial and extrajudicial, incurred by Skarp Law for the collection of the debt. The client will also owe statutory interest on the amount due from the moment the payment obligation arises. In case an instruction is given by several persons, each of them will be jointly and severally liable for the costs owed to Skarp Law under that instruction.
  7. The client may raise any objections to an invoice in writing to Skarp Law up to 14 days after the invoice date. If no objections are made, the invoice is deemed to have been accepted.

5. Engaging third parties

  1. To the extent desirable for the performance of the assignment, Skarp Law may engage persons other than persons associated with Skarp Law, such as experts, consultants, translators, bailiffs, etc. This engagement may be given by Skarp Law in its own name or as agent on behalf of the client.
  2. The client shall be bound by the general terms and conditions agreed by Skarp Law with third parties it engages. Skarp Law shall not be liable for any damage caused by any act or omission of third parties engaged by it.
  3. In the event Skarp Law holds funds of a client or a third party, the client shall be bound by the terms and conditions of the bank where the funds are held. Skarp Law shall not be liable for any loss caused by any act or omission of that bank.

6. Confidentiality and records

  1. The client and Skarp Law are obliged to maintain confidentiality with respect to the assignment and all related matters and matters coming to their attention in connection with that assignment. Both Skarp Law and the client will take reasonable measures to ensure that persons connected with Skarp Law also observe confidentiality.
  2. The aforementioned confidentiality does not apply in the event that there is a legal obligation to disclose or a binding court order or government body, or to the extent that in Skarp Law’s opinion disclosure is desirable for the performance of the assignment.
  3. Skarp Law is required to retain all files and other data carriers in its possession pursuant to the assignment for the statutory period, after which it will be destroyed without notice. Procedural documents received from judicial authorities will be either returned to the authority or destroyed immediately after the case is concluded.

7. Termination of assignment

  1. The client is free to terminate the assignment at any time by notifying Skarp Law in writing.
  2. Skarp Law may also terminate the assignment in writing, subject to a 7-day notice period. If the invoice is not paid or not paid on time, an assignment may be terminated in writing with immediate effect.
  3. Upon termination of the assignment, the client shall owe a fee for the work performed before the end and any work necessary to properly transfer the case to the client or a third party.

8. Applicable law and disputes

  1. The legal relationship between Skarp Law and the client is governed by Dutch law. The Dutch courts will have exclusive jurisdiction over any dispute between Skarp Law and the client. Disputes will be exclusively brought before the District Court of Amsterdam.
  2. The provision set out above under 8.1 also applies to non-contractual obligations of persons associated with Skarp Law arising out of or in connection with the assignment agreement. This provision is an irrevocable third-party clause for the benefit of each person associated with Skarp Law.
  3. Skarp Law operates an internal complaints procedure, which can be found on its website. In addition, Skarp Law is a member of the Disputes Committee for the Legal Profession (Geschillencommissie Advocatuur).

9. Personal data

  1. Skarp Law respects privacy and processes personal data in the capacity of data controller in accordance with the European General Data Protection Regulation. The privacy statement can be found on the website.
  2. The client indemnifies Skarp Law and persons associated with Skarp Law against any third-party claims and other damages suffered by Skarp Law and persons associated with Skarp Law in connection with any alleged unlawful processing of personal data received in the context of an assignment.
  3. Each of the parties shall inform the other as soon as possible as soon as it becomes aware of a breach related to the processing of personal data in the context of the assignment. Before making any notification of this to any regulatory body, the parties shall consult with each other.
  4. Each of the parties shall inform the other as soon as possible when it becomes aware of an investigation by a regulatory body in relation to personal data processed in the context of the assignment.