Terms and conditions

Article 1: Definitions

1. Lamsma Veldstra & Lobé Advocaten, hereinafter: ‘the Firm’, is a partnership of legal entities. A list of the partners will be sent upon request. The Firm is located in Rotterdam and registered in the Trade Register of the Chamber of Commerce under number 24447897.
2. Client(s): the natural person or legal entity that provides an assignment to the Firm and with whom the Firm enters into the agreement for services. A third party for whose benefit work is performed is not considered a Client and cannot derive any rights therefrom, unless otherwise agreed in writing.
3. Partner(s): a member of the partnership of the Firm as referred to in Article 1.1.
4. In these general terms and conditions, “persons affiliated” with the Firm includes any person who is or was directly or indirectly employed by or working for the Firm, including in any case all current and former employees, contractors, advisors, directors, shareholders, and/or partners (as well as their legal successors/heirs). A “person” can be both a natural person and a legal entity.

Article 2: Applicability

1. These general terms and conditions apply to all work performed by the Firm and to all assignments provided by the Client to the Firm. Any deviation from these general terms and conditions can only be made in writing.
2. The applicability of the Client’s general terms and conditions is excluded.
3. These general terms and conditions are also stipulated for the benefit of the (directors and shareholders of the) Partners of the Firm, as well as the affiliated persons referred to in Article 1.4.

Article 3: Assignment

1. An assignment is established after it has been accepted by the Firm.
2. All assignments are accepted exclusively for and on behalf of the Firm. This also applies if the Client expressly or tacitly provides the assignment with a view to execution by a specific person. The provisions of Articles 7:404, 7:407 paragraph 2, and 7:409 paragraph 1 of the Dutch Civil Code (BW), as well as Article 6:162 BW, are declared inapplicable.
3. If the Firm receives an assignment together with another person, the Firm is only liable for the fulfillment of the obligations that are expressly the obligations of the Firm. Only the Client of the Firm can derive any rights from the advice or other work performed by the Firm.
4. The assignment is limited to the performance of work as further described in the order confirmation. Follow-up assignments are considered part of the original assignment.
5. All potential intellectual property and usage rights to works produced by or on behalf of the Firm rest with the Firm. The Client obtains a non-exclusive and non-transferable right to use the documents produced by the Firm for the purpose for which they were provided.
6. If work is performed for multiple Clients and/or the assignment is provided by multiple Clients jointly, these Clients are jointly and severally liable for the fulfillment of their related obligations towards the Firm.
7. The Firm processes personal data in the execution of its services. This is done in accordance with the privacy statement, which can be consulted via the Firm’s website. The Firm will retain its files for at least the legally required retention period in physical and/or digital form. Thereafter, the Firm may destroy files, documents, and other data carriers without further notice.
8. The Firm must comply, among other things, with applicable laws and regulations to prevent money laundering and terrorist financing (such as the Money Laundering and Terrorist Financing (Prevention) Act (Wwft) and, if and as soon as it becomes applicable, the European Anti-Money Laundering Regulation (AMLR)), sanctions laws and regulations, the professional and conduct rules applicable to lawyers, as well as other regulations and internal policies and procedures. The Client accepts the execution thereof and will comply with all obligations required for that purpose.

Article 4: Engaging Third Parties

1. When engaging third parties not belonging to its organization, including bailiffs, experts, other law firms, couriers, and translators, the Firm will exercise due care and, if it deems it necessary, will consult with the Client in the selection of these third parties. The aforementioned engagement of third parties is always at the Client’s expense, whereby the Client irrevocably and unconditionally authorizes the Firm to provide assignment(s) to third parties and to accept any limitations of liability of the third parties engaged by it on behalf of the Client.
2. The Client indemnifies the Firm against any liability towards third parties insofar as arising from or otherwise related to the assignment, unless the liability is caused by intent or gross negligence on the part of the Firm.
3. The Firm may also make use of digital or other services (“digital services”) offered by third parties or otherwise, such as telecommunications services, applications where information can be shared or stored digitally or via a cloud, internet, e-discovery, automated due diligence, or other applications where information can be searched, analyzed, stored, processed, or translated, whether or not automated or with (intelligent, including (Gen)AI) software or tools. In doing so, information may be transferred to servers managed by third parties.
4. The Firm is not liable for any acts or omissions of (a) third party(ies) engaged by it, on whatever grounds or for whatever reason.
5. If the engaged third party is a lawyer established abroad, the Client is considered the Client of this third party.
6. The Firm excludes, also for the benefit of the Stichting Beheer Derdengelden Lamsma Veldstra & Lobé Advocaten (and its directors), any liability that is in any way directly or indirectly related to the insolvency or other failure to meet obligations by or of any bank, financial institution, provider of digital services, or other third party, and/or with a limitation or loss of the possibility to use or access computers, networks, or data and/or a data breach, whether or not as a result of a cyber attack.

Article 5: Liability

1. Except to the extent legally impossible, all liability of the Firm, its affiliated persons, and all persons involved in the execution of the assignment or on whom any liability could rest in any way in connection therewith (including joint and several liability), is limited in total to the amount paid out in the relevant case under the professional liability insurance policy(ies) taken out by the Firm, increased by the applicable deductible under that insurance policy(ies).
2. A claim against a person mentioned in this article shall in any case lapse if the Firm has not been notified of the claim in writing within one year after the discovery of an event or circumstance that gives or may give rise to liability. Any liability of the Firm and related rights against the Firm shall in any case lapse after the expiry of one year after the start of the day following that on which the work ended. The Firm’s work is deemed to have ended at the latest on the date of the written notification that the file is closed, or—if this occurs earlier—on the date of dispatch of the final invoice, or at the latest when one year has passed since the last written correspondence (including email correspondence) with the Client.
3. The scope of the insurance coverage is shown in the applicable policy. Upon request, the Firm will provide the Client with a copy of the relevant policy conditions free of charge.
4. If and insofar as for any reason no payment is made under the aforementioned insurance policies or any other insurance, any liability for damages, costs, or otherwise is limited to the fee charged by the Firm in the relevant case and this to a maximum of € 7,500.00. Any liability for consequential damage, loss of profit, loss, or missed opportunities is excluded in all cases.
5. The aforementioned provisions regarding liability and the limitation thereof are also stipulated for the benefit of and also apply to all those who are or were working as employees, contractors, or otherwise for or on behalf of the Firm.
6. Persons who are or were working for the Firm are bound by their duty of confidentiality and may, insofar as applicable, invoke their own or a lawyer’s derivative legal professional privilege, regardless of the Client’s position.

Article 6: Invoices and Payments

1. Unless otherwise agreed, the fee will be calculated on the basis of the number of hours worked multiplied by the agreed hourly rate and/or the hourly rates to be determined and adjusted annually by the Firm. The hourly rate is determined, among other things, on the basis of the experience and specialization of the person who actually executes the assignment, as well as on the basis of the (financial) interest and the degree of urgency involved in the assignment. This hourly rate is increased by office costs (6%), turnover tax (VAT), and any non-taxable and taxable disbursements. Disbursements include expenses incurred by the Firm for the Client, such as court fees, bailiff costs, and costs of engaged third parties.
2. The work performed by the Firm is in principle charged to the Client monthly. The payment term is fourteen (14) days from the date of the invoice. The Firm does not accept cash payments or checks for the settlement of its invoices. The Client expressly waives in advance any possible right to suspension, discount, deduction, or set-off.
3. If payment of the invoice is not made within the (initial) term set for it, the Firm is entitled to charge collection costs.
4. The Firm has entered into an agreement with the Stichting Beheer Derdengelden Lamsma Veldstra & Lobé Advocaten for the management of third-party funds in connection with a case handled by the Firm. Any negative interest charged by the bank to the Stichting Beheer Derdengelden Lamsma Veldstra & Lobé Advocaten or to the Firm in connection with the management of third-party funds in a specific case may be passed on by the Firm to the relevant Client.

Article 7: Dispute Resolution and Final Provisions

1. The Firm has an internal complaints procedure, which is part of the agreement with the Client. This procedure must first be followed by the Client before taking legal action. The Complaints and Dispute Resolution Scheme for the Legal Profession of the Bar Association does not apply to the services provided by the Firm.
2. These terms and conditions also exist in the English language. In the event of a discrepancy between the English text and the Dutch text or the interpretation thereof, the Dutch text shall be binding.
3. The agreement between the Client and the Firm is subject to Dutch law.
4. To the extent permitted by law, the District Court of Rotterdam has exclusive jurisdiction to hear disputes arising from or related to an agreement with the Firm or any other legal relationship between the Firm and the Client. This also includes disputes based entirely or partially on non-contractual grounds or relating to the nullity, voidability, or existence of a legal act or agreement. Mandatory rules of jurisdiction, including rules for consumer protection, remain fully applicable.

Rotterdam, August 1, 2026