General terms & conditions
Terms and conditions BOLT Advocaten
Version: September 2021
- These general terms and conditions, to the exclusion of any other terms and conditions, apply to all legal relations, including engagements, with each natural person or legal person, individual lawyer and professional practice company practicing under the name BOLT Attorneys-at-law (individually and collectively referred to as: “BOLT“) and that are mentioned in such capacity at any time on the website boltlaw.nl.
- Each engagement shall be deemed to be concluded exclusively with the contractor mentioned in the written engagement confirmation (hereinafter: the “Contractor”), even if it is stipulated that such engagement will be performed by a specific other person associated with BOLT. The effects of Articles 7:404 and 7:407 paragraph 2 Dutch Civil Code are excluded. An “affiliated person” means: any employee, shareholder or adviser of BOLT and any natural or legal person that performs services on behalf of Contractor in the matter at hand.
- Any liability of Contractor and its affiliated persons resulting from or related to any services rendered is limited to the amount paid out under the Contractor’s professional liability insurance policy, plus the applicable policy’s deductible. If for any reason whatsoever no payment under the insurance policies is made, any liability shall be limited to the fees charged by Contractor in the particular matter up to the amount equal to such fees (excluding VAT) with a maximum of EUR 50,000.
- Any liability of Contractor for damage to persons or property is limited to the amount paid out under their relevant business liability insurance policy, plus the applicable policy’s deductible.
- The client agrees that Contractor and its affiliated persons use digital means of communication and services for the (digital) storage, transmission or other use of data. Neither Contractor nor and its affiliated persons is liable for damage resulting from the use thereof. Any liability of Contractor and its affiliated persons for the loss or unlawfully obtained access, manipulation or processing of electronic data by third parties is limited to the amount that BOLT’s cybersecurity insurance reimburses in this respect. If the limitations of liability in this article 5 do not stand or the cybersecurity insurance does not provide coverage, then the general liability in all cases towards all affected third parties is limited to a collective amount of EUR 25,000 in respect of the incident in question and the series of incidents related to that incident.
- Without limitation to the provisions of Article 6:89 Dutch Civil Code, any right to claim damages will lapse upon expiration of a period of one year starting on the day next following the day on which the client becomes aware of the damage and Contractor or its affiliated person as the liable person.
- If Contractor involves a non-affiliated person in the execution of the engagement, Contractor shall not incur any liability for errors made by such non-affiliated person. By engaging Contractor, the client authorizes Contractor to accept the terms of engagement of any affiliated or non-affiliated persons, including as regards limitation of liability, on behalf of the client.
- Any liability of the cooperative association Coöperatie BOLT Advocaten U.A. in respect of any legal relations with Contractor or the performance of engagements by Contractor is excluded.
- Not only Contractor, but also any person associated with BOLT, any employee, any attorney at any time in the past or legal successor in title may rely on these terms and conditions.
- The client consents to the registration and processing of personal data in as far as this is necessary or conducive for the proper performance of Contractor’s engagements and represents that its employees and officers equally do so.
- Complaints are treated in accordance with the complaint handling regulation of BOLT.
- The relationship between Contractor and its client is governed by Dutch law. The competent court in Utrecht (“rechtbank Midden-Nederland”) has exclusive jurisdiction in disputes between Contractor and the client, without prejudice to the powers of the organs of the Dutch Bar Association.
- These terms and conditions exist in a Dutch and an English version. In the event of a discrepancy, the Dutch version will prevail.