These are the General Terms and Conditions of Root Legal B.V. These were updated in May 2018. In short:
- Root Legal does not charge office costs.
- Root Legal sends its bills each month and has a payment period of 30 days.
- Root Legal’s liability is restricted to (i) the insured amount or (ii) the fee already paid (max. EUR 10.000).
- Root Legal does not accept liability for subcontractors.
- Dutch law applies. The court in Amsterdam, the Netherlands is competent.
These terms and conditions are further worked out below. In the case of a conflict between this summary and the precise wording below, the precise wording prevails.
1. Root Legal B.V. (Root Legal) is a limited liability company under Dutch law. Root Legal is located in Amsterdam and is registered at the Dutch Chamber of Commerce under no. 71738398.
2. These General Terms and Conditions apply to all legal relationships between Root Legal and the client, unless the parties have agreed otherwise in writing prior to the conclusion of an agreement. Root Legal excludes the applicability of any general terms and conditions used by the client.
3. Root Legal may engage third parties in the course of the performance of an assignment. Root Legal shall apply the necessary care when engaging third parties. Root Legal shall not be liable vis-à-vis the client for any actions of those third parties. The client gives Root Legal authority to accept on behalf of the client a limitation of liability stipulated by such person. All assignments are deemed to be performed by Root Legal, and not by a specific person asociated with Root Legal. Sections 7:404 and 7:407 subsection 2 of the Dutch Civil Code (Burgerlijk Wetboek) are herewith excluded.
4. For the performance of an assignment, the client will be due the fee plus disbursements (such as travel costs) and VAT payable. Root Legal may, prior to an assignment, agree on the payment of a deposit by the client. Root Legal will settle deposits with interim payments or the final invoice for the assignment. Root Legal does not charge office costs.
5. Root Legal will bill the client on a monthly basis, unless agreed otherwise in writing. The payment period is 30 days from the invoice date. If the payment has not been received within the agreed term, the client will be deemed to be in default without prior notice and Root Legal will have the right to charge the statutory interest (wettelijke rente) and any judicial and extrajudicial (collection) costs (gerechtelijke- en buitengerechtelijke (incasso)kosten).
6. Money which Root Legal holds for the benefit of the client, shall be placed on a separate bank account intended for this purpose (derdengeldrekening). No interest shall be paid over money placed on such account. Root Legal shall not be liable if the bank on which the money is placed does not fulfill its obligations.
7. Any liability on the part of Root Legal vis-à-vis the client and third parties for damages resulting from or related to the performance of an assignment, shall be limited to the amount that is paid out in that specific case under the applicable indemnity insurance of Root Legal, increased by the amount of the applicable deductible (eigen risico) which under that insurance shall be borne by Root Legal. If and to the extent that no amount shall be paid under such an insurance, any liability of Root Legal is limited to the already paid fee for the activities in relation to which the damage has occurred, with a maximum of EUR 10.000. Each claim for damages shall expire after a period of one year from the day following the day on which the client became aware or could reasonably be aware of the existence of the damages.
8. The client shall indemnify Root Legal for any claims of third parties which are in any way related to the activities of Root Legal for the client. The client shall reimburse to Root Legal all costs of legal defence and all damages in relation to these claims. This provision does not apply to the extent a claim is the result of the intent or recklessness (opzet of bewuste roekeloosheid) of Root Legal.
9. These General Terms and Conditions are also made for the benefit of the persons who are or were working for Root Legal or who were engaged during the performance of any assignment by Root Legal.
10. Dutch law shall govern the legal relationship between Root Legal and its client. The complaints procedure of Root Legal applies to each engagement. Any dispute between Root Legal and a client shall be resolved exclusively by the competent court of Amsterdam, the Netherlands. In the event of any discrepancy between the Dutch and English versions of these General Terms and Conditions, the Dutch version shall prevail.