HERZ LAWYERS
GENERAL TERMS AND CONDITIONS
- GENERAL
1.1. These general terms and conditions apply to every engagement agreement or legal relationship between Herz Lawyers and the Client, as well as to any additional or subsequent assignments, and to new instructions for the Client, without the need for these terms to be agreed upon or provided again.
1.2. In these terms and conditions:
“Client” means the person engaging Herz Lawyers to provide services;
“Herz Lawyers” means Herz lawyers Sole Proprietorship;
“Person affiliated with Herz Lawyers” means a lawyer (advocaat) and every other person working at Herz Lawyers (on the basis of an employment agreement or otherwise); and
“Person” means legal entity or natural person.
1.3. These general terms and conditions are available in Dutch and English. Both versions have the same legal force.
- ENGAGEMENT
2.1. An agreement for services between the Client and Herz Lawyers will only come into existence when Herz Lawyers accepts a client’s engagement for services.
2.2. Instructions to Herz Lawyers may be given by the Client either in writing or orally. In the case of an oral instruction, an engagement shall be deemed to exist if Herz Lawyers has performed work for the Client, unless the Client raises a written objection to such work within two working days after becoming aware of it.
2.3. Client’s engagement of a Person affiliated with Herz Lawyers will not result in an agreement with that person or with any other person affiliated with Herz Lawyers.
2.4. If Herz Lawyers is engaged to provide services together with another person, Herz Lawyers will only be liable for the performance of those obligations that are explicitly Herz Lawyer’s obligations. Article 7:407(2) of the Dutch Civil Code will not apply.
2.5. All instructions given to Herz Lawyers, or to persons working at or on behalf of Herz Lawyers, may be carried out by any person working at or on behalf of Herz Lawyers. Sections 7:404, 7:407(2), and 7:409 of the Dutch Civil Code are expressly excluded from application.
2.6. Upon the first engagement, the Client must identify themselves by providing a form of identification recognized in the Netherlands, a copy of which will be retained in the client file. In accordance with applicable laws and regulations, Herz Lawyers is required to verify the Client’s identity and, in certain circumstances, report unusual transactions to the relevant authorities. Depending on the nature of the services to be provided, a redacted copy of the identification document or in-person identification may suffice. By instructing Herz Lawyers, the Client confirms that they are aware of and accept these requirements.
2.7. Instructions given to Herz Lawyers constitute an obligation of best efforts (inspanningsverplichting), not an obligation to achieve a specific result (resultaatsverplichting). Unless agreed otherwise, Herz Lawyers will base its work and advice solely on the law as it stands at the time.
2.8. The Client is responsible for the accuracy and completeness of the information provided to Herz Lawyers.
- FEES AND INVOICES
3.1. The Client will owe Herz Lawyers the agreed fee. If no fee has been agreed, the client will owe a fee based on Herz Lawyer’s standard rates.
3.2. Expenses incurred by Herz Lawyers (such as courier, travel and accommodation costs, registration and court fees, and costs, including interest, charged by Persons not affiliated with Herz Lawyers and banks) will be for the Client’s account.
3.3. Fees and expenses owed by the Client will be increased by the applicable turnover tax (VAT) as required by law, unless the client is established in another European Union member state and has provided Herz Lawyers with a valid VAT number, or is established outside the European Union.
3.4. Herz Lawyers may require the Client to pay an advance before commencing work on an assignment and/or to cover disbursements. Any advance payment will be set off against the final invoice or disbursements upon completion of the engagement, unless agreed otherwise.
3.5. Payment of Herz Lawyer’s invoices must be made within fourteen days of the invoice date, without suspension or set-off. Thereafter, statutory (commercial) interest shall accrue in accordance with Sections 6:119a or 6:119 of the Dutch Civil Code.
3.6. The Client has fourteen (14) days after the invoice date to notify Herz Lawyers of any objections to the amount of the invoice. If the Client fails to do this, the invoice will be deemed to have been accepted.
3.7. Subject to applicable professional rules, Herz Lawyers may suspend its services if the Client fails to settle an invoice in full after a formal reminder. The Client shall indemnify Herz Lawyers against any third-party claims arising from such suspension.
3.8. All judicial and extrajudicial costs incurred in connection with the collection of outstanding invoices shall be borne by the Client. Extrajudicial collection costs will be calculated in accordance with the statutory scale for collection costs (BIK).
3.9. Subject to applicable professional rules, Herz Lawyers shall have a right of retention over all items held on behalf of the Client until all outstanding invoices have been paid in full.
- LIABILITY
4.1. If, in the course of performing an assignment, an event occurs that gives rise to liability on the part of Herz Lawyers, such liability shall be limited to the amount paid out to the Client under the applicable professional liability insurance, including the deductible borne by Herz Lawyers in connection with that insurance.
4.2. Herz Lawyers shall never be liable for consequential damages, nor for any damage resulting from the suspension of its services due to the Client’s failure to meet its financial obligations towards Herz Lawyers.
4.3. If damage to persons or property is caused by an employee of Herz Lawyers, such liability shall be limited to the amount payable under Herz Lawyers’s general liability insurance, including the deductible borne by Herz Lawyers in connection with that insurance.
4.4. Any other liability on their part and on the part of other Persons affiliated with Herz Lawyers is excluded. This paragraph is an irrevocable third-party clause for the benefit of every Person affiliated with Herz Lawyers.
4.5. The execution of the assignment is carried out exclusively for the benefit of the Client. Neither the Client nor any third party may derive any rights from the content of the services performed and/or advice provided in relation to other situations and/or persons.
4.6. Any claim for damages by the Client shall, in any event, lapse 12 months after the Client becomes aware of (or could reasonably have become aware of) the damage, whether directly or indirectly arising from an event or circumstance for which Herz Lawyers is or may be liable.
- INDEMNITY
5.1. The Client shall indemnify Herz Lawyers against any claims by third parties alleging that they have suffered damage as a result of services performed and/or advice provided by Herz Lawyers for the benefit of the Client. The Client shall reimburse Herz Lawyers for all costs incurred in this connection, including costs of defence, as well as any fines and damages payable.
- ENGAGING THIRD PARTIES
6.1. When engaging third parties, Herz Lawyers will, where possible, consult with the Client in advance and exercise due care in their selection. Herz Lawyers shall not be liable for any shortcomings of such third parties. It is possible that third parties engaged in this context may seek to limit their liability. Herz Lawyers assumes, and where possible stipulates, that any instructions given by the Client include the authority to accept such limitations of liability on the Client’s behalf.
- IDENTIFICATION AND ANTI-MONEY LAUNDERING (Wwft)
7.1. Pursuant to the Anti-Money Laundering and Anti-Terrorist Financing Act and the Regulation on Administration and Financial Integrity, Herz Lawyers is required to identify clients and their representatives, including by obtaining extracts from official registers, passports and/or driver’s licences. Such personal data will be carefully stored and used for the purpose of complying with applicable legal obligations, as well as for the performance of the agreed services. In certain cases, Herz Lawyers is obliged to report unusual transactions to the designated authority. If such a report is made, we are not permitted to inform you thereof.
- RETENTION
8.1. The file created by Herz Lawyers in connection with an assignment shall be retained for a period of seven (7) years after the completion of the assignment. Thereafter, Herz Lawyers may arrange for its destruction. Any original documents belonging to the Client will be returned upon or shortly after termination of the assignment. A reasonable administrative fee may be charged for the provision of additional copies during the retention period.
- CONFIDENTIALITY
9.1. Herz Lawyers and the Client shall keep the services confidential, as well as everything related to the services or anything they become aware of in connection with the services. Herz Lawyers and the Client shall take reasonable measures to ensure that persons affiliated with them do the same.
9.2. The first sentence of Article 9.1 does not apply where disclosure is mandatory pursuant to the law or a binding decision of a court or a government body or, in the case of Herz Lawyers, where disclosure is desirable with a view to providing the services.
- TERMINATION OF THE ENGAGEMENT
10.1. The Client may terminate the engagement at any time, but only by giving written notice to its contact at Herz Lawyers.
10.2. Herz Lawyers may terminate the engagement by giving the Client fourteen (14) days’ prior notice, or immediate notice if the client does not pay an invoice within fourteen (14) days of the due date, but always only by giving notice in writing.
10.3. If the engagement is terminated, the Client will owe the fees for the work carried out by Herz Lawyers before the end of the engagement and for any subsequent work that Herz Lawyers may need to do to transfer the matter to the Client or a third party.
- GOVERNING LAW
11.1. The agreement for services (including Article 12 below) and any non-contractual obligation arising out of or in connection with the agreement are governed exclusively by Dutch law.
- COMPLAINTS AND DISPUTES
12.1. Herz Lawyers maintains an internal complaints procedure. This procedure governs the handling of client complaints regarding the services provided by Herz Lawyers. The full text of the complaints procedure is available on the Herz Lawyers website. Herz Lawyer’s complaints procedure applies to work carried out by any persons affiliated with Herz Lawyers.
12.2. Subject to Article 12.1, the District Court of Central Netherlands (Rechtbank Midden-Nederland) has exclusive jurisdiction to settle all disputes arising out of or in connection with the agreement for services, including disputes about its existence and its validity and any non-contractual obligations.
12.3. Article 11.1 and Article 12.2 apply equally to non-contractual obligations of Persons affiliated with Herz Lawyers that arise out of, or are connected with, the agreement for services. This paragraph is an irrevocable third-party clause for the benefit of every person affiliated with Herz Lawyers.
- PERSONAL DATA
13.1. Terms defined in the General Data Protection Regulation (EU) 2016/679 (“GDPR”) have the same meaning in this Article 13.
13.2. The Client shall indemnify Herz Lawyers and all Persons affiliated with Herz Lawyers against any third-party claims and any resulting losses arising from the alleged unlawful processing of personal data in the course of the engagement, to the extent that such data was provided by the Client or processed on the Client’s instructions.
13.3. The Client shall ensure that data subjects are duly informed of the processing of their personal data in connection with the engagement, in accordance with the GDPR and within the applicable timeframes. Herz Lawyers shall act as the contact point for data subjects seeking to exercise their GDPR rights in relation to Herz Lawyers.
13.4. Upon becoming aware of a personal data breach relating to personal data processed in the course of the engagement, the Client and Herz Lawyers shall notify each other without undue delay. The parties shall consult prior to making any notifications to supervisory authorities or data subjects. The Client and Herz Lawyers shall promptly inform each other of any investigation by a supervisory authority relating to personal data processed in the course of the engagement.
- FINAL PROVISIONS
14.1. The applicability of any general terms and conditions referred to by the Client is expressly excluded.
14.2. Any deviations from these general terms and conditions shall be valid only if agreed in writing between Herz Lawyers and the Client.
UTRECHT, MAY 2026