Terms & Conditions
General Terms & Conditions
Dr. Antoinette Vlieger / Sovara BV / EHDS-jurist
These are the general terms and conditions of Mr. Dr. Antoinette Vlieger and Sovara BV (Chamber of Commerce no. 68850859), the private limited company through which Vlieger operates, which also utilizes the trade names Vlieger Legal and EHDS-jurist, hereinafter referred to as the “Contractor”.
APPLICABILITY
1. These general terms and conditions apply to all assignments (and offers thereto), including supplementary or follow-up assignments, granted to the Contractor, as well as to the legal relationships resulting therefrom or related thereto. The applicability of any general terms and conditions used by a client is expressly excluded, unless explicitly agreed otherwise in writing.
2. These general terms and conditions are stipulated also for the benefit of the (legal) persons assisting or substituting for the Contractor, as well as for the benefit of third parties engaged by the Contractor, such as assistants, substitutes, bailiffs, and experts.
3. The Client acknowledges that Mr. Dr. Antoinette Vlieger does not offer or contract in person, and that all legal relationships are entered into by Sovara BV.
4. For ongoing assignments, the Contractor is entitled to amend the general terms and conditions. To this end, the Contractor shall send the new conditions to the Client, referencing the provisions of this paragraph. If the Client does not reject the conditions within one month by terminating the agreement, the new conditions shall be deemed accepted by the Client.
ASSIGNMENT & FEES
1. The Contractor has a best efforts obligation (inspanningsverplichting) under Dutch law. This implies that the Contractor shall exert its best efforts to achieve the result desired by the Client, but does not guarantee that this result will be achieved.
2. All amounts in offers are exclusive of VAT, unless stated otherwise.
3. Unless expressly agreed otherwise between the parties, the fee shall be calculated based on the number of hours worked multiplied by the hourly rate applicable to the relevant assignment.
4. The Contractor is entitled to periodically adjust the hourly rate applied. In such an event, the Client has the right to terminate the agreement.
INVOICING
1. Unless otherwise agreed or implied by the nature of the matter, the work performed shall be invoiced monthly.
2. The Contractor may require an advance payment on the fee from the Client. Any advance payment received shall be set off against the final invoice.
3. The Client must pay invoices exclusively in the manner indicated by the Contractor and within the specified payment term of 28 days from the invoice date, without deduction, discount, or set-off.
4. Upon exceeding this payment term, the Client shall be in default (verzuim) and statutory commercial interest pursuant to Article 6:119a of the Dutch Civil Code shall be due. Additionally, a fixed sum of EUR 250 shall be due for collection costs.
5. In the event of default, the Contractor is entitled to cease or suspend work on behalf of the Client with immediate effect until all outstanding invoices have been paid.
LIABILITY
1. Any liability of the Contractor is limited to the amount paid out under the professional liability insurance policy in the relevant case.
2. Any liability of the Contractor is furthermore limited to the amount charged in the relevant assignment in the relevant year, exclusive of VAT.
3. The right to compensation for damages shall lapse twelve months after the event from which the damage directly or indirectly arises.
4. The Contractor shall never be liable for indirect damages, including consequential damages, lost profits, lost savings, and damages due to business stagnation.
5. The Contractor shall exercise due care when engaging third parties; however, the Contractor is not liable for any shortcomings of these third parties.
6. The Contractor is not liable for (the consequences of) bugs, hacks, or other problems caused by hardware or software.
CONFIDENTIALITY & PRIVACY
1. The Contractor shall observe secrecy regarding information – in the broadest sense of the word – relating to the Client that is brought to its knowledge or made available within the framework of this agreement. The Contractor shall not use such information, nor make disclosures regarding it to third parties or make it available to third parties in any way, other than for the purpose of this agreement, unless and insofar as the information concerns matters that are publicly known (other than as a result of an attributable shortcoming or tort) or must be disclosed pursuant to any applicable statutory provision, regulation, or other rule.
2. The Contractor shall, of course, comply with the GDPR.
LAW & COURTS
1. This legal relationship is governed by Dutch law.
2. Any disputes that are not resolved in mutual consultation may only be submitted to the competent court in Amsterdam.