General Terms and Conditions of Lindmark Legal as per 30 June 2018
1. Lindmark Legal is Stina Lindmark, attorney and sole proprietor registered in Amsterdam.
2. These terms and conditions apply to all legal relationships between the client and (Lindmark Legal. In case a new version of these general conditions is issued, that new version will apply instead of the old version.
3. Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code do not apply to Lindmark Legal.
4. Subject to the contrary agreed upon in writing, directors, shareholders, (intended) incorporators and partners of a legal entity or partnership are also deemed to be co-principals, in addition to the legal entity or partnership concerned. Each of the principals shares joint and several liability for the compliance with the obligations of the legal entity or partnership by or by whose order any order has been given to Lindmark Legal (including the order to set up a legal entity or partnership). The fact that billing is effected to only one or several of the principals does not alter this.
5. If the client fails to (timely) provide the information and/or documents required for the execution of the assignment, or fails in any other way to enable Lindmark Legal to execute the assignment or hinders the execution thereof; or if the client is in breach of its financial obligations or if it reasonable to assume that it will do so in the future, Lindmark Legal shall be entitled to suspend or terminate the assignment with immediate effect, without any obligation to pay compensation, refund retainers etc.
6. The liability of Lindmark Legal for damages, for whatever reason, shall be limited to the extent for which Lindmark Legal is covered by insurance in respect of those damages.
7. Lindmark Legal shall not be liable for damages caused by shortcomings on the part of external experts or third parties engaged by Lindmark Legal. Each instruction to Lindmark Legal implies the client’s acceptance of any conditions set forth by the external experts or third parties concerned with the purpose of limitation of liability. Lindmark Legal is authorized to accept any liability limitation clauses of such third parties and external experts on the client’s behalf.
8. Notice of liability must be preceded by a complaint submitted to Lindmark Legal. The complaint must be submitted promptly after the reasons for the complaint have or should reasonably have become clear to the client, in writing and stating grounds, failing which Lindmark Legal shall not accept any liability. The right to hold Lindmark Legal liable and the right to any compensation shall lapse if a notice of liability is not submitted, in writing, within one month of the timely written notification of the complaint.
9. The client holds Lindmark Legal harmless against all claims from third parties, including reasonable costs of legal assistance, which are in any way connected with or the results of the work done by Lindmark Legal in the performance of the client’s instruction.
10. Lindmark Legal is obliged to identify its clients, the ultimate beneficial owner(s) thereof and other stakeholders to comply with the regulations on money-laundering and preventing financing of terrorism. You may be requested to provide personal data to ensure such identification. Lindmark Legal is responsible for processing the data in a way compliant with the General Data Protection Regulation (GDPR, 2016/679) and will use the data solely for the purpose of its legal obligation to identify the client. Please contact Lindmark Legal if you require information about which personal data is processed, how long such data is kept and which rights you have to have the data amended or removed.
11. Lindmark Legal shall retain sole and exclusive copyright to all documents and such prepared by it and/or supplied to the client or third parties.
12. Payment must be made within the terms for payment indicated on the invoices and, if no such period is indicated within fourteen days of the invoice date. Possible complaints about invoices must also be made within the terms for payment indicated on the invoice, in the absence whereof the right to complain lapses. In the absence of payment in good time, the client is in default and is due the statutory interest (wettelijke handelsrente) according to article 6:119a of the Dutch Civil Code.
13. The assignment and all obligations arising form the assignment are governed by Dutch law. All disputes in relation thereto will be be submitted exclusively to the competent court of Amsterdam.
14. These general terms and conditions are available in Dutch and English. In the event of these versions are conflicting, the Dutch text shall supersede.