We apply these general terms and conditions in order to clearly set out what arrangements apply if you instruct and work with Cali Law B.V. (“Cali”).
Applicability
- These general terms and conditions apply to all instructions for services (opdracht) by a client (“Client”) to Cali, as well as to all services provided by Cali on another basis.
- Any deviation from these general terms and conditions must be agreed upon in writing.
Legal relationship exclusively with Cali
- Instructions for services shall be accepted and carried out exclusively by Cali, regardless of any other intention. Sections 7:404 (instruction in view of specific person), and 7:407(2) (joint and several liability multiple instructed persons) of the Dutch Civil Code (Burgerlijk Wetboek) shall not apply.
- Third parties cannot derive any rights from the provision of services by Cali to a Client.
Fees and invoicing
- Unless agreed otherwise, Cali will charge based on hours worked at applicable rates to be set by Cali annually, plus 6% to cover general office costs and specific expenses incurred in the performance of an assignment.
- Cali invoices on a monthly basis. The period for payment is 30 days from the invoice date.
Liability
- If the performance of services gives rise to any liability, only Cali can be held liable. Such liability is limited to the amount paid out in respect thereof under Cali’s professional indemnity insurance, increased by the amount of Cali’s deductible (eigen risico) under said insurance. An insurance certificate is available upon request.
- Should the insurer not pay out under said professional indemnity insurance, Cali’s total liability is limited to the amount invoiced for the specific case.
- Persons associated with Cali cannot be held liable. “Persons associated with Cali” within the meaning of these general terms and conditions shall mean: all past, present and future (a) direct or indirect shareholders of Cali (“partners”), (b) group companies, holding companies, operating companies, pension companies or other related entities of Cali or of its partners, and (c) employees, advisors, board members, trainees, temps and freelancers. Persons associated with Cali (including their legal successors) are also entitled to invoke these general terms and conditions.
- The Client indemnifies Cali and all persons associated with Cali against all claims by third parties for which Cali’s liability is limited pursuant to sections 7 and 8 of these general terms and conditions. The indemnity also covers related costs and expenses.
Engagement of third parties
- Cali may engage a third party at the Client’s expense and under the terms stipulated by such third party. Cali may accept such terms, including any limitation of liability, on behalf of the Client. Cali cannot be held liable for any failure or negligence of a third party engaged in the performance of its services.
Client’s funds
- Cali does not have a client trust account (derdengeldenrekening) and thus does not hold client funds and/or third-party funds.
Privacy and data protection
- All electronic communication, including e-mails, shall be deemed to be in writing. As part of its activity, Cali uses digital communication, data storage and cloud computing services, and cannot be held liable for any loss resulting from the use thereof.
- Cali processes personal data of its Clients and persons working for its Clients in order to provide the best possible service and to comply with statutory obligations. Click here for the Privacy & Cookie policy.
- Cali retains its electronic and/or hardcopy files on record for at least seven years after the last substantive communication with the Client in the respective matter. After expiry of that period, Cali may destroy such files.
Rules of professional conduct and compliance
- Services provided by Cali’s lawyers are subject to the rules of professional conduct (Gedragsregels) and its complaint rules. Click here for further information.
- Cali is obliged by law to verify the identity of its Clients and to report suspicious activities to the authorities, without informing the Client.
- Cali will comply with any other reporting or information obligation that is or becomes applicable to it, as for example in case of potentially aggressive tax structures.
Applicable law and choice of forum
- All legal relationships with Cali are governed by Dutch law.
- Any dispute shall be submitted in the first instance to the District Court of Amsterdam, the Netherlands.