General conditions

GENERAL TERMS AND CONDITIONS 

1. Jahae Raymakers ("JahaeRaymakers") is a partnership formed by private limited liability companies ("the partners"). The partnership has its registered office in Amsterdam. A list of the partners will be provided upon request.

2. These general terms and conditions shall apply to any and all engagements or instructions received by JahaeRaymakers (including follow-up engagements or instructions) as well as each and any related act or omission of JahaeRaymakers or any of the persons referred to in the first sentence of clause 15.

3. All engagements or instructions received by JahaeRaymakers are always exclusively accepted and carried out by the partnership; this also applies if it is the client's explicit or implied wish or intention that any engagement or instruction will be carried out by a specific person. The applicability of Sections 7:404, 7:407(2) and7:409 of the Dutch Civil Code is expressly excluded.

4. JahaeRaymakers solely provides advice on matters of Dutch law, except to the extent that the engagement letter issued to the client by JahaeRaymakers expressly stipulates otherwise.

5. JahaeRaymakers does not provide any legal or other advice regarding tax law.

6. JahaeRaymakers shall be authorised to engage third parties on behalf of the client in the performance of any engagement or instruction; where possible this will be done in consultation with the client, provided that JahaeRaymakers may always engage bailiffs, interpreters, translators, attorneys and other lawyers without consultation. JahaeRaymakers shall be authorised to accept, on behalf of the client or for the client's burden, limitations of liability and other conditions of any of the third parties as referred to in the previous sentence. Expenses resulting from the engagement of third parties by JahaeRaymakers shall be for the client's account.Where JahaeRaymakers engages third parties in the performance of any engagement or instruction, JahaeRaymakers shall not be liable to the client for any failings of such third parties (except in the event of intent or conscious recklessness of any of the partners).

7. Any and all invoices issued by JahaeRaymakers must be paid within 14 calendar days of receipt; absent payment within such 14 calendar days, the client shall immediately be in default (without any notice being required) and shall be liable to reimburse to JahaeRaymakers any and all judicial and extrajudicial collection charges as well as statutory interest.

8. JahaeRaymakers may at any time request advance payment for work to be carried out or costs or expenses to be incurred. To the extent permitted under the applicable professional rules of conduct, JahaeRaymakers' may suspend the provision of services where no advance payment is available to cover the fees it may charge for such services.

9. Each engagement or instruction will exclusively be carried out for the benefit of the client. Third parties cannot derive any rights from the contents of any work done by JahaeRaymakers.

10. JahaeRaymakers operates a retention policy under which it will keep case records(procedural documents other than duplicate documents in criminal cases, relevant correspondence and agreements) for a period of seven years, starting from (a) the date on which the letter confirming that the case is closed is sent to the client or (b) the date on which a judgment to which the services related becomes final, whichever is earlier. Beyond such period of seven years (unless agreed otherwise with the client in writing), JahaeRaymakers shall be under no obligation to keep case records and may destruct the relevant case records without any prior notice to the client.

11. Except in the event of damages resulting from intent or conscious recklessness of any of the partners, any liability of JahaeRaymakers for any damages incurred by the client or any third party shall at all times be limited to the amount that is paid out in the relevant matter under the professional liability insurance taken out by JahaeRaymakers, increased by the deductible that is at the expense of JahaeRaymakers in such matter pursuant to the insurance cover notes. Should no payment be made by virtue of the said insurance policy, regardless of the grounds, the liability of JahaeRaymakers shall be limited to three times the fees paid by the client to JahaeRaymakers in connection with the case concerned and during the calendar year in which the first damages occurred, up to a maximum of €100,000.

12. Except in the event of claims resulting from intent or conscious recklessness of any of the partners, the client shall indemnify JahaeRaymakers against any and all claims of third parties and the expenses to be incurred by JahaeRaymakers in connection with such claims, insofar as these are in any way connected with any work carried out for the client. The provisions of this clause 12 shall also (without limitation) apply to any claims of third parties:

-arising from any unlawful processing of personal data relating to such third parties;

-arising from any failings of such third parties for which the client directly holds them liable.

13. Without prejudice to the provisions of Section 6:89 of the Dutch Civil Code, any and all rights, claims, actions and other powers of the client towards JahaeRaymakers in connection with any engagement or instruction carried out by JahaeRaymakers shall lapse if they have not been exercised within twelve calendar months after the date on which the client became aware of – or could in all fairness have been aware of – the existence of such rights, claims, actions and other powers.

14. The limitations of liability, the arrangements regarding the lapse of rights and the indemnities contained in these general terms and conditions shall also apply to any and all extra-contractual claims of the client against JahaeRaymakers (including any claims in respect of any tort liability of JahaeRaymakers) where such claims arise from or relate to JahaeRaymakers carrying out any engagement or instruction. 

15. Without prejudice to clause 3, these general terms and conditions are also stipulated (as an irrevocable third-party clause) for the benefit of all persons who have carried out any work for and on behalf of JahaeRaymakers in the performance of any engagement or instruction, irrespective of whether such persons were acting as a partner, as a (direct or indirect) shareholder or director of a partner, as an employee, as a freelancer or other self-employed person or as an agent or representative. Without prejudice to clause 3, each of the persons referred to in the preceding sentence:

-may invoke these general terms and conditions against the client, including (without limitation) the indemnities contained in clause 12;

-may under no circumstances be held liable by the client for any act or omission of theirs in the performance of any engagement or instruction, except in the event of intent or conscious recklessness.

16. Any and all of the services provided by JahaeRaymakers shall be subject to the firm's internal complaints procedure. The client may request a copy of the complaints procedure via info@jahae.nl or via any of the lawyers who handle the client's matter.

17. Any and all engagements or instructions received by JahaeRaymakers as well as any and all extra-contractual obligations of JahaeRaymakers relating thereto (including any obligations in respect of any tort liability of JahaeRaymakers) are exclusively governed by Dutch law.

18. Subject always to the complaints procedure referred to in clause 16, the court in Amsterdam, the Netherlands, shall have exclusive jurisdiction over any dispute in respect of any engagement or instruction received by JahaeRaymakers or any extra-contractual obligations of JahaeRaymakers relating thereto (including any obligations in respect of any tort liability of JahaeRaymakers). The provisions of the previous sentence shall not apply in the event that the client is domiciled outside the Netherlands and JahaeRaymakers institutes proceedings with the court that has jurisdiction in the absence of those provisions.

19. In the event JahaeRaymakers revises these general terms and conditions, the revised general terms and conditions shall apply to all new engagements or instructions as of the date of publication on the website of JahaeRaymakers.

20. These general terms and conditions have been drawn up in Dutch and in English.The Dutch language version shall prevail in the event of any discrepancies.

Amsterdam, December 2022